A 02/03-23

Legislative Council

Agenda

Wednesday 2 April 2003 and
Thursday 3 April 2003 at 2:30 pm respectively

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Quarantine and Prevention of Disease Ordinance (Amendment of First Schedule) Order 200379/2003
2.Prevention of the Spread of Infectious Diseases Regulations (Amendment of Form) Order 200380/2003
3.Maximum Amount of Election Expenses (Village Representative Election) Regulation81/2003
4.Electoral Procedure (Village Representative Election) Regulation82/2003
5.Libraries (Amendment) Regulation 200383/2003
6.Securities and Futures (Contract Limits and Reportable Positions) (Amendment) Rules 200384/2003
7.Companies Ordinance (Exemption of Companies and Prospectuses from Compliance with Provisions) (Amendment) Notice 200385/2003
8.Employees Retraining Ordinance (Amendment of Schedule 2) (No. 2) Notice 200386/2003
9.Legal Practitioners (Amendment) Ordinance 2000 (42 of 2000) (Commencement) Notice 200387/2003
10.Barristers (Admission) Rules (L.N. 5 of 2003) (Commencement) Notice 200388/2003
11.Legal Practitioners (Fees) (Amendment) Rules 2002 (L.N. 6 of 2003) (Commencement) Notice 200389/2003
12.Practising Certificate (Barristers) (Amendment) Rules 2002 (L.N. 7 of 2003) (Commencement) Notice 200390/2003
13.Barristers (Advanced Legal Education Requirement) Rules (L.N. 8 of 2003) (Commencement) Notice 200391/2003
14.Barristers (Qualification for Admission and Pupillage) Rules (L.N. 9 of 2003) (Commencement) Notice 200392/2003


II. Questions for Written Replies

1. Hon Howard YOUNG to ask:

It has been reported that the United States Customs is considering extending the scope of the Container Security Initiative ("CSI") for ocean-going containers to air cargoes in October this year. Under the CSI, freight details are required to be submitted at least 24 hours before cargoes are loaded. In this connection, will the Government inform this Council:
    (a)whether it has consulted the air cargo logistics industry on the above extension;

    (b)whether it has assessed the impact of the extension on the air cargo logistics industry and the Hong Kong economy; if it has, of the assessment results;

    (c)whether it has any measures to help the air cargo logistics industry to comply with the CSI and ensure that it will not hinder the development of the industry; and

    (d)whether it has examined if air cargoes may warrant different treatment due to their fast moving nature; if it considers different treatment is warranted, whether it intends to make representations to the United States Government on behalf of the air cargo logistics industry?
Public Officer to reply :Secretary for Economic Development and Labour

2. Hon Audrey EU to ask: (Translation)

Will the Government inform this Council:
    (a) of the number of default cases in repayment of loans, and the total amount of default payment involved, in respect of each loan scheme for tertiary students in each of the past three financial years; and

    (b)whether it has formulated measures to assist the graduates who are unable to repay their loans; if so, of the details; if not, the reasons for that?
Public Officer to reply :Secretary for Education and Manpower

3. Hon Abraham SHEK to ask:

Depending on their rank, length of service, terms of appointment and other requirements in the Civil Service Regulations, civil servants enjoy a number of fringe benefits, including medical and dental care, education allowances, housing, leave passage and pensions. To tackle the fiscal deficit, the Government has committed itself to reducing the operating expenditure and set an expenditure savings target of HK$20 billion to be achieved by the 2006-07 financial year. In this connection, will the Government inform this Council:
    (a) whether the Administration plans to introduce measures to further encourage civil servants to purchase their own flats in the private property market in order to reduce its spending on housing benefits;

    (b)of the rationale for providing leave passage for the spouse and dependent children of a directorate civil servant who joined the Government before 1 June 2000; and

    (c)in view of the above expenditure savings target, whether the Administration plans to conduct a comprehensive review of the current fringe benefits package for civil servants; if it has, of the details of the plans?
Public Officer to reply :Secretary for the Civil Service

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

It has been reported that the Government is planning the corporatization and public listing of the commercial business of the Housing Authority ("HA"). In this connection, will the Government inform this Council:
    (a) of the details and the implementation timetable of the plan;

    (b)of the impact of the plan on the staff of the Housing Department and the corresponding measures to take;

    (c)whether the current rental policy will be changed after the corporatization of the HA's commercial business; if so, of the details; and

    (d)of the measures to prevent the rights of sitting tenants from being prejudiced as a result of the implementation of the plan?
Public Officer to reply :Secretary for Housing, Planning and Lands

5. Hon Fred LI to ask: (Translation)

Regarding the sale and purchase of duty-not-paid light diesel oil, will the Government inform this Council:
    (a) of the quantities and values (based on the retail prices of duty-paid light diesel oil) of such diesel oil seized by the Customs and Excise Department ("C&ED") in each of the past three years;

    (b)of the estimated loss of revenue concerned in each of the past three years;

    (c)whether it has found cases in which duty-paid light diesel oil purchase receipts were used as cover by law-breakers to evade prosecutions against them for selling duty-not-paid light diesel oil; if so, whether such cases were common and what counter-measures the authorities have; and

    (d)of the purity and quality of such oil seized by C&ED; and whether it has assessed the impact of using such diesel oil on the environment, the maintenance costs of the vehicles concerned and road safety?
Public Officer to reply :Secretary for Financial Services and the Treasury

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

It has been reported that unauthorized on-street display of publicity materials has become increasingly rampant. Of the unauthorized publicity materials removed by the Food and Environmental Hygiene Department ("FEHD") recently, almost 40% were from the same finance company. Even though FEHD has issued warnings and fixed penalty notices to the relevant company for a total of 117 times, such non-compliance remains unrestrained. In this connection, will the Government inform this Council:
    (a) of the maximum penalty and fine imposed by the court over the past six months for unauthorized display of publicity materials;

    (b)whether it has studied how to curb the repeat commission of the relevant offence; if it has, of the study results; and

    (c)whether it will consider increasing the penalty for displaying bills or posters without permission prescribed under the Public Health and Municipal Services Ordinance (Cap. 132) and the Fixed Penalty (Public Cleanliness Offences) Ordinance (Cap. 570), with a view to enhancing the deterrent effect and thereby curbing unauthorized display of publicity materials; if it will not, the reasons for that?
Public Officer to reply :Secretary for Health, Welfare and Food

7. Hon Michael MAK to ask: (Translation)

As at 23rd of last month, there were more than 200 atypical pneumonia cases, with over a hundred of these involving health care workers who were infected. In this connection, will the Government inform this Council:
    (a) of the enhanced measures that the Hospital Authority ("HA") has taken to prevent frontline medical staff from contracting the disease;

    (b)given that nurses working in public hospitals have complained that their hospitals had, for reason of avoiding causing public panic, prohibited them from wearing masks, and had failed to provide them with N95 masks which offered the best protection, whether the Government knows why these public hospitals have made such decision, and whether it knows if such decision is related to the lack of financial resources; whether the Government has, in response to the above cases, provided the HA with additional support; and

    (c)whether it has assessed if the health care workers of public hospitals who have contracted the disease in the course of looking after patients fall into the category of suffering from work-related injuries and are eligible for claiming compensation from the HA, and whether it has assessed if the HA should be held responsible for the health care workers' families or relatives who have consequently been infected; if the HA is held responsible, whether the HA will consider providing them with assistance or compensation?
Public Officer to reply :Secretary for Health, Welfare and Food

8. Hon Albert CHAN to ask: (Translation)

Regarding women from the Mainland who give birth to babies in Hong Kong after entering on Two-way Exit Permits ("TEPs"), will the Government inform this Council:
    (a) of the number of cases, in each of the past three years, in which such women continued to stay in Hong Kong on expiry of the period of stay marked on their TEPs and gave birth to babies during the overstaying period and, among them, the number of such women who were (i) granted formal permission by the Immigration Department to extend their stay to wait for childbirth in Hong Kong, and the reasons for the Department's granting such permission;(ii) sent back to the Mainland immediately after their childbirth; and(iii) prosecuted for overstaying in Hong Kong, the results of the prosecutions and the penalty imposed by the courts on the convicted persons; and

    (b)whether, in view of the precedent in which the wife of the Financial Secretary gave birth to a baby while staying in Hong Kong with TEP, the Administration will allow pregnant women from the Mainland who are in Hong Kong to overstay and wait for childbirth, and discuss with the relevant Mainland authorities the relaxation of the restrictions on issuing TEPs to Hong Kong residents' spouses in the Mainland who are pregnant?
Public Officer to reply :Secretary for Security

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

Hong Kong Computer Emergency Response Team Coordination Centre ("HKCERT") coordinates the efforts in handling local computer security incidents. Its duties include reporting incidents, handling requests for assistance as well as providing responses and recovery support. According to the findings of the Information Security Survey 2002, in the past three years, most of the computer attacks on local small and medium enterprises involve computer virus attacks. In this connection, will the Government inform this Council:
    (a) of the respective numbers of requests for assistance handled by HKCERT and the average response times, with a breakdown by their types;

    (b)of the number of various security alerts disseminated (such as virus forecasts and security weaknesses) since the establishment of HKCERT, the method of dissemination and the average difference in the time required for HKCERT and other computer security companies to disseminate security alerts to the public;

    (c)whether it has reviewed the operation and effectiveness of HKCERT's mechanism for disseminating security alerts to the public; if so, of the outcome of the review; if not, the reasons for that; and

    (d)whether it has formulated policies to cope with computer virus attacks?
Public Officer to reply :Secretary for Commerce, Industry and Technology

10. Hon Emily LAU to ask: (Translation)

Article 57 of the Basic Law provides that a Commission Against Corruption shall be established in the Hong Kong Special Administrative Region, and that it shall function independently and be accountable to the Chief Executive ("CE"). In this connection, will the Executive Authorities inform this Council:
    (a) whether the CE held regular meetings with the Commissioner of the Independent Commission Against Corruption ("ICAC") in the past three years, and of the date of their last meeting;

    (b)whether or not the CE has discussed with the Commissioner the incident in which the Financial Secretary was suspected of avoiding tax because he had purchased a vehicle shortly before announcing the Budget; if he has, of the reasons for that; and

    (c)of the measures in place to ensure that the ICAC can independently investigate the incident mentioned in (b) above without interference from anybody?
Public Officer to reply :Chief Secretary for Administration

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

It has been reported that a flat in Wah Ming Estate, Fanling caught fire as a result of a smoker throwing a lighted cigarette butt from an upper floor. In this connection, will the Government inform this Council:
    (a) of the number of similar cases and the number of persons prosecuted as a result, in each of the past three years;

    (b)whether the cases mentioned in item (a) include those in which the persons prosecuted and fined for improper disposal of cigarette ends were repeat offenders; if so, of the number of such cases; and

    (c)of the measures taken in the past three years to enhance public awareness against the improper disposal of cigarette ends and the effectiveness of such measures?
Public Officer to reply :Secretary for Security

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

Under the Shenzhen-Hong Kong Land Boundary Police Co-operation Scheme, which came into operation on 19 January this year, police facilities at the land boundary crossing points at Shenzhen and Hong Kong handle crimes and police related matters that take place in the land boundary area. In this connection, will the Government inform this Council:
    (a) of the number of crime cases reported to or requests for assistance received by the Hong Kong Police from members of the public at each land boundary crossing point each month since the implementation of the Scheme, together with a breakdown by their nature;

    (b)of the details of the liaison between the Hong Kong Police and the mainland authorities on these cases, and the main assistance provided by the mainland authorities; and

    (c)whether it has reviewed the adequacy of publicity to the public on the implementation of the Scheme, and of the effectiveness of the Scheme in the prevention and investigation of crimes?
Public Officer to reply :Secretary for Security

13. Hon Howard YOUNG to ask: (Translation)

The iPermit Scheme under which Taiwan residents may apply for and receive Taiwan Visit Permits through the Internet was launched in March last year. In this connection, will the Government inform this Council:
    (a) of the total number of iPermits issued so far;

    (b)of the organizations through which Taiwan residents may apply for iPermits; and

    (c)whether it has plans to provide iPermit service to people from other regions or countries; if so, of the details and the progress; if not, the reasons for that?
Public Officer to reply :Secretary for Security

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

I have noticed that the Highways Department is replacing a large number of pavement railings in various districts on Hong Kong Island, including Central, Admiralty, North Point and so on. However, the replaced railings appear to have no apparent defects on the surface. In this connection, will the Government inform this Council:
    (a) of the reasons for replacing the above pavement railings;

    (b)of the place(s) of origin of such railings;

    (c)of the cost of the material for replacing one metre of railing and the removal and installation costs involved;

    (d)when the newly installed railings need to be replaced; and

    (e)of the total length of pavement railings that the Highways Department replaced in each of the past two years and will be replacing in the coming year, and the respective amounts of public funds involved?
Public Officer to reply :Secretary for the Environment, Transport and Works

15. Hon Emily LAU to ask: (Translation)

Regarding the Chief Executive ("CE")'s consultation with the Executive Council ("ExCo") on the Appropriation Bill 2003, will the Executive Authorities inform this Council:
    (a) as it is provided in Article 56 of the Basic Law that the CE shall consult the ExCo before introducing bills to the Legislative Council, whether the CE had consulted the ExCo on the contents of the Bill before introducing it; if so, of the date and time of the consultation; if not, the reasons for that; and

    (b)how a balance is struck between consulting the ExCo and preventing the divulgence of confidential information?
Public Officer to reply :Secretary for Financial Services and the Treasury

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

It has been reported that a member of the public bought a second-hand computer and discovered that the hard disk of the computer contained confidential Police information. In this connection, will the Government inform this Council:
    (a) of the normal Police procedure and avenues for disposing of computers;

    (b)whether and how the Police destroy the confidential information stored in the hard disks before disposing of the computers; and

    (c)of the measures to prevent the recurrence of similar incidents?
Public Officer to reply :Secretary for Security

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

Will the Government inform this Council whether:
    (a) it has reviewed if the protection gear currently provided by various security service companies can adequately protect the personal safety of their staff deployed to escort cash and valuables; and

    (b)it will consider enacting legislation to require security service companies to provide suitable protection gear for their staff deployed on such escort duties?
Public Officer to reply :Secretary for Security

18. Hon Eric LI to ask: (Translation)

It is learnt that the Administration is planning to introduce new tender conditions for petrol filling stations ("PFS") in order to encourage competition in the local fuel market. In this connection, will the Government inform this Council:
    (a) whether the new tender conditions will include: (i) government rent exemption;(ii) awarding the contract to the bidder who offers the lowest retail prices of fuels; and (iii) giving priority to non-conglomerate PFS operators unless the retail prices of fuels offered by conglomerate operators are lower; if so, whether such conditions will create unfair competition for existing operators; if the above conditions will not be included, of the new tender conditions;

    (b)of the number of PFS sites to be put up for tender under the new conditions and, among these sites, the numbers of sites which are: (i) existing PFS sites;(ii) existing sites modified for PFS purpose; and (iii) new PFS sites;

    (c)of the estimated revenue from the sale of PFS sites under the new tender conditions; and

    (d)of the estimated revenue from the sale of such sites by awarding the contracts to the bidders offering the highest tender prices, in situations where there are no other bidding requirements?
Public Officer to reply :Secretary for Economic Development and Labour

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

It has been reported that some police officers have casually discarded computers in which police confidential files are stored, resulting in leakage of police information. According to the Chief Superintendent of the Police Public Relations Branch, as the computers available in police stations are limited, police officers may work on their own personal computers with the approval of their superior officers. In this connection, will the Government inform this Council:
    (a) of the respective percentages of government-owned and private computers used by various disciplined services officers for work at present;

    (b)whether it has plans to increase the percentage of government-owned computers; if so, of the details of such plans; if not, the reasons for that;

    (c)of the respective numbers of computers purchased and discarded by various disciplined services officers in each of the past three years and the amounts of money involved; and

    (d)whether it has conducted regular reviews of procedural guidelines for disposal of government-owned computers and private ones used by civil servants for work; if so, of the outcome of these reviews; if not, the reasons for that?
Public Officer to reply :Secretary for Security

20. Hon Eric LI to ask: (Translation)

In view of the fluctuations in oil prices resulting from the gravity of the tension in the international arena, will the Government inform this Council whether it has formulated policies on oil reserves in order to ensure sufficient oil supply and prevent oil companies from making excessive profits; if it has, of the details of the policies; if not, the reasons for that?

Public Officer to reply :Secretary for Economic Development and Labour

III. Bills

Second Reading (Debate to resume)

Appropriation Bill 2003 : Financial Secretary

IV. Motions
  1. Proposed resolution under the Interpretation and General Clauses Ordinance
    Secretary for Commerce, Industry and Technology to move the motion
    2.

    (Contents of the motion are contained in the paper issued on26 March 2003 under LC Paper No. CB(3) 515/02-03)

  2. Proposed resolution under the Employees' Compensation Ordinance

    Secretary for Economic Development and Labour to move the following motion:


    3. RESOLVED that the Third Schedule to the Employees' Compensation Ordinance be amended -

    (a) in paragraph 1(b), by repealing "$175" and substituting "$200";

    (b)in paragraph 2(b), by repealing "$175" and substituting "$200";

    (c)in paragraph 3, by repealing "$175" and substituting "$280".

  • Proposed resolution under the Pneumoconiosis (Compensation) Ordinance

    Secretary for Economic Development and Labour to move the following motion:


    • RESOLVED that Part I of the Second Schedule to the Pneumoconiosis (Compensation) Ordinance be amended -

      (a) in paragraph 1(b), by repealing "$175" and substituting "$200";

      (b)in paragraph 2(b), by repealing "$175" and substituting "$200";

      (c)in paragraph 3, by repealing "$175" and substituting "$280".
    Clerk to the Legislative Council