A 02/03-24

Legislative Council

Agenda

Wednesday 9 April 2003 at 2:30 pm

Subsidiary Legislation / InstrumentsL.N. No.
1.Import and Export (General) (Amendment) (No. 2) Regulation 200393/2003
2.Immigration (Anchorages and Landing Places) (Amendment) (No. 2) Order 200394/2003

Other Papers

1. No.73-Audited Statement of Accounts of the Hong Kong Rotary Club Students' Loan Fund together with the Director of Audit's Report for the year ended 31 August 2002
(to be presented by Secretary for Education and Manpower)
2. No.74-Audited Statement of Accounts of the Sing Tao Foundation Students' Loan Fund together with the Director of Audit's Report for the year ended 31 August 2002
(to be presented by Secretary for Education and Manpower)
3. No.75-Summary and Revenue Analysis by Head, General Revenue Account,Estimates for the year ending 31 March 2004
(to be presented by Financial Secretary)
4. No.76-Approved Estimates of Income and Expenditure for financial year 2003/2004,Securities and Futures Commission
(to be presented by Secretary for Financial Services and the Treasury)


II. Questions for Written Replies

1. Hon Cyd HO to ask:

With regard to the applications, since the enactment of the Hong Kong Bill of Rights Ordinance ("BORO") (Cap. 383), for legal aid in proceedings relating to breaches of BORO and/or inconsistency with the International Covenant on Civil and Political Rights ("ICCPR") as applied to Hong Kong, will the Government inform this Council of:
    (a)the number of applications in each year and the relevant provision(s) of BORO and/or ICCPR cited in each application;

    (b)the number of successful applications and, among them, the number of applications in which the limit of financial resources imposed on legal aid applicants was waived by the Director of Legal Aid under section 5AA of the Legal Aid Ordinance (Cap. 91);

    (c)the number of rejected applications and the reason(s) for rejection; and

    (d)the number of appeals against the rejection and the appeal results?
Public Officer to reply : Chief Secretary for Administration

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

It has been reported that, immediately following the announcement by Shun Tak-China Travel Ship Management Limited to cease operating the ferry service between Macau and China Ferry Terminal at Tsim Sha Tsui, Kowloon with effect from 11th last month, the remaining sole operator of the route raised its fares for the service, leaving the consumers no other choice but to bear the higher fares. It is learnt that operators concerned need not apply for any licence or sign any contract with the Government for operating the ferry service. All they have to do is to apply to the Marine Department for permission to use the terminal facilities. Regarding this arrangement, will the Government inform this Council:
    (a)of the criteria adopted for setting this arrangement;

    (b)whether the same arrangement applies to other cross-boundary ferry services; if not, of the reasons for the difference in arrangement; and

    (c)whether the Administration will review the relevant arrangement; if not, of the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

3. Hon Fred LI to ask: (Translation)

A recent investment research report pointed that the Hong Kong and China Gas Co. Ltd. ("Towngas") achieved a hefty 34% return on fixed assets last year, and the firm's share of the piped-gas market has already reached 70%. In this regard, will the Government inform this Council:
    (a)whether it has examined Towngas's current share of the domestic gas fuel market and estimated the firm's respective shares in five and ten years;

    (b)whether it has assessed if monopoly has already existed in the domestic gas fuel market; if the assessment result is in the affirmative, of the follow-up actions it will take;

    (c)of the detailed content and scope of the study being conducted to examine the viability of introducing a common carrier system for natural gas, with a view to providing an additional choice in domestic gases; and

    (d)whether, apart from entering into an Information and Consultation Agreement with Towngas for the purpose of increasing the transparency in tariff-setting mechanism and justifications thereof, it will consider regulating Towngas's permitted level of return, gas tariff and related matters; if it will, of the details of its consideration; if it will not; the reasons for that?
Public Officer to reply : Secretary for Economic Development and Labour

4. Hon Frederick FUNG to ask: (Translation)

Regarding the mobile library service provided by the Leisure and Cultural Services Department, will the Government inform this Council of:
    (a)the number of times the service was used in each of the past five years;

    (b)the existing number of vehicles deployed to provide the service and the annual operating expenditure in this respect;

    (c)the existing number of staff deployed to provide the service and their total remuneration each year;

    (d)the unit cost of the service, and how it compares with the respective unit costs of district libraries and small libraries; and

    (e)the criteria for determining the locations for providing the service, and whether it has regularly assessed the effectiveness of the service; if it has, of the results of the last assessment?
Public Officer to reply : Secretary for Home Affairs

5. Hon Michael MAK to ask: (Translation)

It has been reported that the Hospital Authority ("HA") accepts payment of accident and emergency service charges ("A&E charges") by cash in foreign currencies by patients or their family members. In this connection, will the Government inform this Council:
    (a)of the number of cases so far in which the payment of A&E charges was made by cash in foreign currencies and the amount involved;

    (b)whether HA has received any counterfeit foreign currency notes; if it has, of the details;

    (c)whether HA has considered accepting other payment methods (for example, payment by credit card, Octopus card etc.); if it has, of the details; if not, the reasons for that; and

    (d)which other public medical institutions and public utilities companies also accept cash in foreign currencies for payment?
Public Officer to reply : Secretary for Health, Welfare and Food

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

According to the Domestic Violence Ordinance (Cap. 189), only when the stalker and the victim are couples or cohabitants may the latter apply to the court for an injunction restraining the other party from molesting. One of the recommendations in the Report on Stalking, released by the Law Reform Commission of Hong Kong in October 2000, was that the Ordinance be amended along the lines recommended by the English Law Commission, which included allowing an application for a "non-molestation order" be made by a person who is "associated with" the respondent (such as his/her former cohabitant or relative) so as to strengthen protection for family members. In this connection, will the Government inform this Council:
    (a)whether it will adopt the recommendation to amend the Ordinance; if so, of the details of such amendments and the timetable; if not, the reasons for that; and

    (b)of the reasons for not having decided on how to implement the recommendations of the Report; and of the time when the decision will be made?
Public Officer to reply : Secretary for Home Affairs

7. Hon Albert CHAN to ask: (Translation)

Many residents and shop owners of the newly completed public housing estates, including Yat Tung Estate at Tung Chung, Tin Yuet Estate, Tin Chak Estate, Tin Heng Estate and Tin Yat Estate at Tin Shui Wai, have approached me recently, complaining about the lack of bank branches or automated teller machines ("ATMs") in their estates. The lack of such facilities not only causes inconvenience to the residents, in particular the elderly recipients of the Comprehensive Social Security Assistance, but also affects the business of shop owners as the residents may run out of cash. In this connection, will the Government inform this Council whether:
    (a)it is aware of the problem and has taken any remedial measures;

    (b)the Housing Department will consider providing rental waiver and improving the design of shopping centres so as to encourage banks to install ATMs in the housing estates; and

    (c)it will amend the licensing conditions for banks to the effect that there will be a bank branch or an ATM in every housing estate to ensure that basic banking services are available to the residents?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

The Skills Upgrading Scheme launched in September 2001 provides opportunities for in-service workers of 14 designated industries to pursue further studies at present. The courses are drawn up jointly by representatives from employers, employees and training institutions, whilst the course fees are mainly subsidized by the Government. In this connection, will the Government inform this Council:
    (a)of the respective numbers of courses relating to information technology ("IT") which are provided for the designated industries under the Scheme, and the respective numbers of trainees in such courses;

    (b)of the criteria for determining the industries eligible for joining the Scheme; and the reason(s) for not including IT industry as one of those industries; and

    (c)whether it will review the criteria stated in part (b); if it will, of the details of such review; if not, the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

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

Regarding the design of franchised bus stops and termini as well as tram stops and termini, will the Government inform this Council whether it knows:
    (a)if franchised bus companies and the Hong Kong Tramways Limited ("HKTL") have respectively carried out works to improve the outward appearance of their stops and termini over the past three years; if so, of the details of such works;

    (b)if the answer to item (a) is in the negative, whether the relevant companies have any plans to carry out the works mentioned above; if so, of the details of their plans; if not, the reasons for that; and

    (c)the existing number of tram stops which are not provided with station name plates and track-side platforms for boarding and alighting, and whether HKTL has any plans to provide these facilities at such tram stops?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

Will the Government inform this Council whether, before handing back the shop premises in public housing estates to the Housing Department upon cessation of business operation, shop operators are required to remove all the furnishings and installations in these premises;
    (a)if so, of the reasons for that; and

    (b)if not, whether the decision on the removal or otherwise of the furnishings and installations in the relevant shop will be made according to the new shop tenant's wish, with a view to reducing waste and saving public expenditure; if not, the reasons for that?
Public Officer to reply : Secretary for Housing, Planning and Lands

11. Hon Emily LAU to ask: (Translation)

Regarding the holiday bungalows provided for hire by civil servants as part of staff welfare, will the Executive Authorities inform this Council:
    (a)of the government departments currently providing holiday bungalows for hire by their staff; the location and the time of completion or acquisition of each of the holiday bungalows; as well as the ranks of the staff eligible for hiring such bungalows;

    (b)of the average occupancy rate and the maintenance cost of such holiday bungalows in each of the past three years; and

    (c)whether they have reviewed if the provision of such welfare meets the needs of staff and is cost-effective; if a review has been conducted, of the results?
Public Officer to reply : Secretary for the Civil Service

12. Hon Cyd HO to ask:

With regard to the applications for legal aid in proceedings relating to breaches of the Sex Discrimination Ordinance (Cap. 480), Disability Discrimination Ordinance (Cap. 487) and/or Family Status Discrimination Ordinance (Cap. 527), since the enactment of the respective Ordinances, will the Government inform this Council of:
    (a)a breakdown of the applications by Ordinance and by year, as well as the relevant provision(s) of the Ordinance(s) cited in each application;

    (b)the numbers of successful applications made by the defendants and plaintiffs respectively and, in respect of the plaintiffs' applications, whether the defendants concerned were from the public or private sectors;

    (c)the number of rejected applications and the reason(s) for rejection; and

    (d)the number of appeals against the rejection and the appeal results?
Public Officer to reply : Chief Secretary for Administration

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

Under the Demand Side Management Agreement ("the Agreement") signed between the Hongkong Electric Company Limited ("HEC") and the Government, HEC offers cash rebate to non-residential customers for purchasing and using energy-efficient lighting equipment (including compact fluorescent lamps, energy-efficient fluorescent tubes and electronic ballasts) during the period between 1 July 2000 and 30 June 2003. In this connection, will the Government inform this Council whether it knows:
    (a)the number of customers who have applied for cash rebate from HEC in accordance with the Agreement and, among them, the number of successful applications and the average amount of cash rebate offered, as well as the reason(s) for the rejection of the unsuccessful applications;

    (b)the total amount of cash rebate HEC has offered to customers under the Agreement and the respective numbers of compact fluorescent lamps, energy-efficient fluorescent tubes and electronic ballasts involved;

    (c)the measures HEC has taken to publicize this cash rebate programme for energy-efficient lighting; and whether they include attaching promotional flyers to the electricity bills of non-residential customers; and

    (d)whether HEC will extend the application period for the cash rebate programme and relax the eligibility criteria, such as allowing residential customers to apply for cash rebate as well; if it will not, of the reasons for that?
Public Officer to reply : Secretary for Economic Development and Labour

14. Hon Emily LAU to ask: (Translation)

Regarding the monitoring of the service standard of private hospitals and the transparency of their charges, will the Executive Authorities inform this Council:
    (a)of the measures in place to encourage private hospitals to clearly inform their patients in advance of the charge details of various medical services and display notices listing such charge details at conspicuous places;

    (b)of the measures in place to encourage private hospitals to establish a clinical audit system, in order to enhance monitoring of the professional standard of resident medical practitioners;

    (c)whether they know the number of private hospitals which have clearly made public the details of service charges and established a clinical audit system; and

    (d)whether they will consider including the requirement of "clearly making public the details of service charges and establishing a clinical audit system" as a licensing condition for private hospitals?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Regarding cases of vehicle theft, will the Government inform this Council:
    (a)in respect of the vehicles reported missing in each of the past three years, of the respective numbers and percentages which were subsequently recovered within the territory;

    (b)whether it has estimated the number of missing vehicles smuggled outside Hong Kong in each of the past three years, as well as their destinations;

    (c)of the locations and hours of the day in which vehicle thefts occurred more frequently; and

    (d)of the further measures the Police will adopt to combat vehicle theft?
Public Officer to reply : Secretary for Security

16. Hon Eric LI to ask: (Translation)

In this year's Policy Address, the Chief Executive undertook to make the best efforts to achieve the target of completing normal clearance procedures for passengers at the boundary between Hong Kong and the Mainland within 30 minutes. It is reported that, starting from 1 April this year, individual residents in Shenzhen will be allowed to visit Hong Kong. In this connection, will the Government inform this Council of the measures in place to implement the above undertaking during the Easter holidays, as well as the Mainland's Labour Day and National Day holidays this year? Public Officer to reply : Secretary for Security

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

It has been reported that the Education and Manpower Bureau will launch a pilot scheme in September this year for senior form students of mainstream secondary schools. Under the pilot scheme, the Vocational Training Council and Caritas Adult and Higher Education Service will offer a total of 12 career-oriented courses to some 300 students. In this connection, will the Government inform this Council of:
    (a)the contents of these courses and the courses which are expected to be most popular, as well as the respective numbers of attendance hours required for completing individual courses;

    (b)the differences between these courses and similar courses provided by other private organizations; and

    (c)the ways to publicise the pilot scheme to students?
Public Officer to reply : Secretary for Education and Manpower

18. Hon Abraham SHEK to ask: (Translation)

It has been reported that the Institute of Chemistry of the Chinese Academy of Sciences has set up a Nano Science and Technology Centre recently. At present, Hong Kong's tertiary institutions, including the University of Hong Kong, the City University of Hong Kong and the Hong Kong University of Science and Technology, have built up substantial strength in nanotechnology research. The heads of some of these universities have indicated that they will actively participate in the Mainland's researches relating to nanotechnology. In this connection, will the Government inform this Council:
    (a)of the amounts of funding respectively provided by the Government, the local universities and individuals for nanotechnology research in each of the past five years;

    (b)the level of Hong Kong's standard in research and the application of nanotechnology in relation to other advanced countries and regions; and whether there are problems yet to be resolved in upgrading Hong Kong's level in this regard; if so, of the details; if not, the reasons for that; and

    (c)the number of deliverables from the local nanotechnology research projects that have been commercialized or adopted by the industries; and whether it has conducted survey(s) on the economic benefits in this aspect; if it has, of the survey results; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce, Industry and Technology

19. Hon Eric LI to ask: (Translation)

Regarding the placement of waste separation bins by the Government in public areas and public/private housing estates for implementing the Waste Separation and Recovery Programme, will the Government inform this Council of the expenditure involved since implementing the Programme? Public Officer to reply : Secretary for the Environment, Transport and Works

20. Hon Abraham SHEK to ask: (Translation)

It has been reported that the Employees Retraining Board ("ERB") will substantially increase the number of places in training courses for domestic helpers ("DHs") in the next financial year. In this connection, will the Government inform this Council:
    (a)of the number of places in DH training courses offered by the training agencies of ERB, the number of trainees, the training cost and average amount of allowance for each trainee, the number and ratio of graduates who secured employment, and their average hourly pay in each of the past three years;

    (b)whether it has conducted any market surveys on the demand, mode of employment and job requirements of local DHs, and whether it has drawn up the curricula and adjusted the number of training course places in the light of the survey findings in order to avoid wasting resources; if it has, of the details; if not, the reasons for that;

    (c)as most of the local DHs are employed on part-time basis, do not live in and are therefore unable to meet the requirement of employers for full-time DHs and, furthermore, employment on part-time basis causes the local DHs to spend more on travelling expenses, which in turn results in a higher hourly rate for local DHs vis-a-vis foreign DHs, whether it has measures to enhance the competitiveness of local DHs; if it has, of the details of these measures; if not, the reasons for that; and

    (d)as some trainees of DH training courses take the courses only to enhance their domestic skills in order to take better care of their families and do not intend to work as DHs, whether it has set any restrictions or guidelines to prevent the above abuse; if it has, of the details of the restrictions or guidelines; if not, the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

III. Bills

First Reading

1. Construction Industry Levy (Miscellaneous Amendments) Bill 2003

2. Education (Miscellaneous Amendments) Bill 2003

3. Betting Duty (Amendment) Bill 2003

4. Revenue Bill 2003

5. Revenue (No. 2) Bill 2003

Second Reading (Debates to be adjourned)

1.Construction Industry Levy (Miscellaneous Amendments) Bill 2003:Secretary for Education and Manpower

2.Education (Miscellaneous Amendments) Bill 2003:Secretary for Education and Manpower

3.Betting Duty (Amendment) Bill 2003:Secretary for Home Affairs

4.Revenue Bill 2003:Secretary for Financial Services and the Treasury

5.Revenue (No. 2) Bill 2003:Secretary for Financial Services and the Treasury


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

Appropriation Bill 2003 : Financial Secretary

(i)Proposed resolution under Rule 69(3) of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region

Hon James TO to move the following motion:

RESOLVED that head 122 be reduced by $58,500,000 in respect of subhead 000.

(ii)Proposed resolution under Rule 69(3) of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region

Hon James TO to move the following motion:

RESOLVED that head 122 be reduced by $85,000,000 in respect of subhead 103.

(iii)Proposed resolution under Rule 69(3) of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region

Hon Emily LAU to move the following motion:

RESOLVED that head 144 be reduced by $11,220,000 in respect of subhead 000.


IV. Motions

Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for Commerce, Industry and Technology to move the following motion:

RESOLVED that -
    (a)the Import and Export (Removal of Articles)(Amendment) Regulation 2003, published in the Gazette as Legal Notice No. 34 of 2003 and laid on the table of the Legislative Council on 19 February 2003, be amended, in section 6, in the new Schedule 2, in item 7, by repealing 該船隻、飛機或車輛的收貨人或and substituting所涉物品的收貨人或該船隻、飛機或車輛的;

    (b)the Reserved Commodities (Control of Imports, Exports and Reserve Stocks)(Amendment) Regulation 2003, published in the Gazette as Legal Notice No. 35 of 2003 and laid on the table of the Legislative Council on 19 February 2003, be amended -

    (i)in section 3(2), in the new regulation 5(3), by repealing "11(2)(b)" and substituting "11(1)(d)";

    (ii)in section 4(4), in the new regulation 6(2A), by repealing "11(2)(b)" and substituting "11(1)(d)";

    (iii)in section 5(2), in the new regulation 8(3), by repealing "12(2)(b)" and substituting "12(1)(d)".
V. Members' Bills

First Reading

Daughters of Mary Help of Christians Incorporation (Amendment) Bill 2002

Second Reading (Debate to be adjourned)

Daughters of Mary Help of Christians Incorporation (Amendment) Bill 2002:Hon Andrew WONG


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

The Bank of East Asia, Limited (Merger of Subsidiaries) Bill :Hon NG Leung-sing


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 Audrey EU to move the following motion:


    2. RESOLVED that in relation to the Public Revenue Protection (Revenue) Order 2003, published in the Gazette as Legal Notice No. 59 of 2003 and laid on the table of the Legislative Council on 12 March 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.

  2. Proposed resolution under the Legislative Council (Powers and Privileges) Ordinance

    Dr Hon YEUNG Sum to move the following motion:
    3.

    Resolves that this Council appoints a select committee to investigate:

    (a)whether the purchase of a personal vehicle by the Financial Secretary before the adjustments to the motor vehicle first registration tax constitutes a breach of clauses 1.2(6) and 1.2(7) of the Code for Principal Officials under the Accountability System, namely, "Principal officials shall observe the highest standards of personal conduct and integrity at all times" and "Principal officials shall ensure that no actual or potential conflict arises between their public duties and their private interests";

    (b)whether any person suggested amending those parts of the minutes of the Executive Council meeting held on 5 March 2003 relating to the declaration of interests regarding the purchase of personal vehicles by those who had attended the meeting; and

    (c)whether the Government has provided this Council with complete and truthful information on the discussions at the Executive Council meeting(s) relating to the declaration of interests in the purchase of personal vehicles; and that in the performance of its duties the committee be authorized under section 9(2) of the Legislative Council (Power and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of that Ordinance.

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