A 02/03-3

Legislative Council

Agenda

Wednesday 16 October 2002 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Commodities Trading (Trading Limits and Position Limits) (Amendment) (No. 2) Rules 2002	142/2002
2.	Securities (Exchange－Traded Stock Options) (Amendment) Rules 2002	143/2002
3.	Securities (Miscellaneous) (Amendment) Rules 2002	144/2002
4.	Drug Trafficking and Organized Crimes (Amendment) Ordinance 2002 (26 of 2002) (Commencement) Notice 2002	145/2002

Other Papers

1.	No. 2	-	Urban Renewal Authority Annual Report 2001-2002
(to be presented by Financial Secretary)
2.	No. 3	-	Companies RegistryAnnual Report 2001-02
(to be presented by Secretary for Financial Services and the Treasury)
3.	No. 4	-	Electrical and Mechanical Services Trading Fund Annual Report 2001/02
(to be presented by Secretary for the Environment, Transport and Works)
4.	No. 5	-	The Government Minute in response to the Report No.38 of the Public Accounts Committee dated July 2002
(to be presented by Chief Secretary for Administration, who will address the Council)

II. Questions

1. Hon Howard YOUNG to ask:

It has been reported that an Air Pollution Index ("API") reading of 185 was recorded on 9 September 2002 in Tung Chung where the airport is located, the highest since the respective readings of 174 and 181 were recorded in July and August this year. There have been allegations that the pollutants that caused the serious air pollution and a low visibility of less than one kilometre were from the Pearl River Delta or other areas of the Guangdong Province rather than from Tung Chung or other areas of the Hong Kong Special Administrative Region. In this connection, will the Government inform this Council:

(a)	whether flight landings or takeoffs were affected by the high API reading and low visibility on those days; if so, of the respective numbers of landings and takeoffs affected;
(b)	of the progress in implementing the measures taken jointly with the Guangdong Provincial Government to tackle the air pollution; and
(c)	whether it will assess the effectiveness of these measures; if so, when the assessment will be made?

Public Officer to reply : Secretary for the Environment, Transport and Works

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

Regarding industrial safety in demolishing unauthorized structures, will the Government inform this Council:

(a)	of the number of industrial accidents caused by failure to observe the proper procedures in demolishing unauthorized structures and the resultant casualties in the past three years;
(b)	of the intended timing for implementing a registration system for minor works contractors, and whether it will stipulate that only registered contractors are allowed to undertake works on demolishing unauthorized structures; and
(c)	whether, before implementing the registration system mentioned above, it will strengthen the monitoring of works on demolishing unauthorized structures?

Public Officer to reply : Secretary for Housing, Planning and Lands

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

Regarding combating money-laundering activities in Hong Kong, will the Government inform this Council:

(a)	of the value of assets confiscated and the number of persons convicted under the legislation for combating money-laundering in Hong Kong in each of the past five years;
(b)	whether it has assessed the effectiveness of the efforts to combat money-laundering activities in Hong Kong and whether it has drawn a comparison with other countries in this respect; if so, of the respective results; and
(c)	whether there is information showing that money-laundering activities in Hong Kong are increasing, and whether the Administration has looked into possible measures to strengthen its actions against such activities?

Public Officer to reply : Secretary for Security

4. Hon Fred LI to ask: (Translation)

At present, the public rental housing ("PRH") units in estates of the older types under the management of the Housing Department are not installed with drain pipes for discharging water from air conditioners, thus causing the water dripping problem which is a nuisance to the residents. In this connection, will the Government inform this Council:

(a)	of the number of complaints about water dripping from air-conditioners of PRH flats in the past three years, and the respective numbers of tenants who were warned or prosecuted for causing such a nuisance;
(b)	whether it has explored ways to solve the water dripping problems caused by air-conditioners of PRH units; if it has, of the results; and
(c)	given that PRH units of the latest design are provided with drain pipes for discharging water from air-conditioners, whether it plans to install drain pipes for PRH units which do not have such facilities; if not, of the reasons for that?

Public Officer to reply : Secretary for Housing, Planning and Lands

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

It was reported that an organization, while holding an art exhibition in August this year in the Exhibition Hall of the City Hall, was asked by the City Hall management personnel not to distribute at the venue art albums which the authorities considered as not relating to the exhibition, and officials were sent there to keep the activities under surveillance. In this connection, will the Government inform this Council:

(a)	of the authorities' rationale for the exercise of such powers;
(b)	whether similar actions had been taken in the past; if so, of the details; and
(c)	whether it has assessed the impact of such actions on freedom of creation and freedom of speech; if so, of the results of the assessment; if not, the reasons for that?

Public Officer to reply : Secretary for Home Affairs

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

The Financial Secretary stated at the end of August that, in the long run, it was essential to construct a bridge to connect Hong Kong and the western part of the Pearl River Delta. In this connection, will the Government inform this Council whether:

(a)	it will expeditiously conduct feasibility studies on the engineering, financial and environmental aspects of the bridge construction project, and assess the impact of the bridge, upon its commissioning, on the economic development of Hong Kong, especially with regard to the import and export sectors; whether the Administration has received assessment reports submitted by private consortia; if it has, of the details;
(b)	the SAR Government and the relevant Mainland authorities have discussed the bridge construction project; if they have, of the details of the discussions; and
(c)	the Administration will formulate basic policies and principles for the bridge construction project, so that interested consortia can conduct in-depth study on the feasibility of constructing the bridge?

Public Officer to reply : Secretary for the Environment, Transport and Works

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

Will the Government inform this Council whether the Agriculture, Fisheries and Conservation Department carries out termite and mosquito control in the areas under its management on a regular basis; if so, of the details; if not, the reasons for that? Public Officer to reply : Secretary for Health, Welfare and Food

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

Members of the public have reflected to me that the recreational facilities and sports grounds in new towns are inadequate, and hence fail to meet the local residents' expectation in this regard. In fact, while the populations of Tung Chung and Tin Shui Wai North have exceeded 40,000 and 100,000 respectively, both districts lack sufficient recreational and sports facilities and there is only one 5-a-side soccer pitch in Tin Shui Wai North. In this connection, will the Government inform this Council whether:

(a)	it has long-term plans to provide sufficient recreational and sports facilities for the two districts, as well as short-term plans to solve the current shortage of such facilities;
(b)	it will expedite plans to provide recreational and sports facilities in these two districts; if so, of the details; if not, the reasons for that;
(c)	it will consider providing recreational and sports facilities earlier when developing new towns, so that the residents will be able to enjoy the facilities sooner; if so, of the details; if not, the reasons for that; and
(d)	it has assessed if inadequate recreational and sports facilities in new towns will give rise to situations in which young people in the districts loiter in the streets when they have no place to go to for entertainment during their leisure time, and aggravates the juvenile delinquency problem?

Public Officer to reply : Secretary for Home Affairs

*9. Hon Miriam LAU to ask: (Translation)

The Government indicated in 1996 that it planned to widen the section of Tai Tam Road over Tai Tam Tuk Reservoir Dam from a 5-metre wide carriageway to a standard 7.3-metre wide two-lane carriageway. In this connection, will the Government inform this Council whether there is still such a plan; if so, of the progress of the project, as well as the expected commencement and completion dates of the relevant works? Public Officer to reply : Secretary for the Environment, Transport and Works

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

In reply to my question earlier, the Administration pointed out that of all the persons reappointed to advisory bodies since 1 January 2002, 19 had attained meeting attendance rates of below 25% during the year preceding their reappointment. Regarding the appointment of members of advisory/statutory bodies, will the Executive Authorities inform this Council:

(a)	of the names of the 19 persons mentioned above, their respective meeting attendance rates and the names of the advisory bodies to which they have been appointed;
(b)	whether they will consider using the meeting attendance rate as one of the criteria for the reappointment of members of advisory bodies; if so, of the minimum requirement they intend to impose in respect of the attendance rate; if not, the reasons for that; and
(c)	which members of the Election Committee have been appointed as members of advisory/statutory bodies, and of the names of the advisory/statutory bodies to which each of them has been appointed?

Public Officer to reply : Secretary for Home Affairs

*11. Hon Kenneth TING to ask: (Translation)

It has been reported that the statistics provided by an organization which assisted members of the public in solving debt problems revealed that people who borrowed money at times of financial difficulty were often unaware of the way the loan interest was calculated and their own repayment ability, and thus got entangled in the web of debts. In this connection, will the Government inform this Council whether:

(a)	it will tighten the policy and require money lender companies and credit card companies to clearly inform, in simpler and more comprehensible terms than the existing ones, the borrowers of the specific amount of interest payable; if it will, of the details; if it will not, the reasons for that; and
(b)	it will provide comprehensive financial management education to the general public and young persons at school?

Public Officer to reply : Secretary for Financial Services and the Treasury

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

During the opening ceremony of the Tseung Kwan O Extension held by the MTR Corporation Limited on 18 August this year, the police officers at the scene had scuffles with protesters due to a row over the location of the demonstration area, and subsequently they confiscated the protesters' loudspeakers. In this connection, will the Government inform this Council:

(a)	of the Police's detailed procedures for approving the location of demonstration areas to be set up; if so, of the details; if not, the reasons for that;
(b)	of the legal basis on which the Police confiscate loudspeakers as well as other demonstration items from protesters; and
(c)	whether the Police have drawn up procedures regarding confiscation of loudspeakers from protesters; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Security

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

It was reported that an expectant mother had informed the Hong Kong Red Cross ("HKRC") that she wished to donate the umbilical cord blood upon her delivery, so that the stem cells in the blood may be used to help cure cancer patients. As her baby was subsequently born outside office hours, due to scarcity of resources, the HKRC did not deploy staff to the public hospital concerned to collect the cord blood, resulting in its wastage. In this connection, will the Government inform this Council:

(a)	of the estimated total quantities of cord blood available for collection in Hong Kong over the past three years;
(b)	whether it has provided support to HKRC for the collection and storage of cord blood; if so, of the details; and
(c)	whether it knows the procedure adopted by HKRC for collecting cord blood at public hospitals, and whether the health care personnel of public hospitals can collect cord blood on behalf of the HKRC?

Public Officer to reply : Secretary for Health, Welfare and Food

*14. Hon Kenneth TING to ask: (Translation)

Will the Government inform this Council:

(a)	of the respective numbers of residential and commercial "negative-equity properties" in Hong Kong when the second mortgage loans provided by developers are taken into account, and among these properties, the number of those which has become "negative-equity properties" within this year;
(b)	whether it has assessed the adverse impact of the increasing number of "negative-equity properties" on the local economy, including the loss of cash, the confidence in investments and the development of the commercial and industrial sectors; if it has, of the results; and
(c)	whether it plans to adopt new measures to stabilize property prices, so as to reduce the number of "negative-equity properties" to a specific level, in order to reduce the impact of "negative-equity properties" on deflation; if so, of the details?

Public Officer to reply : Secretary for Financial Services and the Treasury

*15. Hon NG Leung-sing to ask: (Translation)

As over 10 cases of locally-contracted dengue fever have been reported since late August, will the Government inform this Council whether:

(a)	a cross-border co-operation mechanism has been put in place to contain the spread of dengue fever; if so, of the details; if not, the reasons for that; and
(b)	it has assessed if the existing medical system and other services in Hong Kong are able to cope with a surge in the number of dengue fever patients, and of the contingency measures drawn up to address this situation?

Public Officer to reply : Secretary for Health, Welfare and Food

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

Regarding the "Youth Work Experience and Training Scheme" launched this year, will the Government inform this Council:

(a)

of the number of participants and, among them, the number of young people who have been offered training places ("trainees") since the implementation of the Scheme, as well as the differences in age and academic qualifications between these trainees and those participants who have not been successfully placed; and

(b)

whether the case managers responsible for assisting trainees have provided support services to those participants who have not been successfully placed; if so, of the current number of participants receiving such support services, as well as the resources and manpower available for the provision of such services; if not, whether consideration will be given to providing the relevant support services?

Public Officer to reply : Secretary for Economic Development and Labour

*17. Hon LAU Wong-fat to ask: (Translation)

Regarding the recovery of batteries for recycling, will the Government inform this Council:

(a)	whether it has estimated the quantity of batteries discarded each year; if so, of the quantity of each type of batteries (including mobile phone batteries, general household batteries and rechargeable batteries as well as vehicle batteries);
(b)	whether it has assessed the impact of the discarded batteries on the environment of Hong Kong; if so, of the details;
(c)	whether it will consider designating a government department to coordinate efforts in recovering batteries for recycling;
(d)	whether it knows the effectiveness of the pilot scheme launched in April this year to collect used mobile phone batteries; and
(e)	of its plans to encourage the recovery of other types of batteries for recycling?

Public Officer to reply : Secretary for the Environment, Transport and Works

*18. Hon LAU Chin-shek to ask: (Translation)

It was reported that "Goodfriend Deodorant Powder", which was manufactured and sold in Hong Kong, was found to contain high concentrations of mercury. However, there is no existing legislation prescribing the safety standard for the mercury content of deodorant powder. In this connection, will the Government inform this Council whether:

(a)	it has prescribed the safety standard for the mercury content of deodorant powder and similar products;
(b)	it has regularly conducted product safety tests on deodorant powder and similar products which are available on the market;
(c)	deodorant powder and similar products are required to be sent to the relevant authorities for product safety tests; if not, whether consideration will be given to imposing such a requirement; and
(d)	there are provisions in the existing law on the criminal liability and product liability in case a member of public falls ill after using deodorant powder or similar products with mercury content beyond the safety standard; if so, of the details?

Public Officer to reply : Secretary for Economic Development and Labour

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

In June this year, the Consumer Council released the results of its tests on the quality of several brands of bottled water available in the market. One of the findings was that in 10 out of the 24 samples, the actual amount of certain types of minerals differed from the labelled amount by more than 20%. In this connection, will the Government inform this Council whether:

(a)	it has assessed, based on the above test results, if the supply of such bottled water with a mineral content inconsistent with that shown on the label has contravened the provisions on "offences in respect of trade descriptions" in the Trade Descriptions Ordinance (Cap 362); if the assessment is in the affirmative, whether the suppliers concerned will be prosecuted; if they will not be prosecuted, of the reasons for that;
(b)	the Food and Environmental Hygiene Department conducted tests on the amount of bacteria, harmful substances and minerals in bottled water in the past three years; if it did, of the test results; if not, whether it will consider conducting such tests on a regular basis; and
(c)	it will consider introducing legislative amendments to the Food and Drugs (Composition and Labelling) Regulations (Cap 132, sub. leg.) to stipulate that bottled water should bear labels with information on the amount of minerals and other ingredients; if so, of the legislative timetable; if not, the reasons for that?

Public Officer to reply : Secretary for Health, Welfare and Food

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

It was announced on 24 June this year that the Central People's Government had, on the nomination and recommendation of the Chief Executive ("CE"), appointed the then Director of Immigration as the new Commissioner of the Independent Commission Against Corruption ("ICAC"). In this connection, will the Executive Authorities inform this Council:

(a)	of the reasons for the sudden replacement of the Commissioner;
(b)	whether a fixed term of office (e.g. five years) will be set for the Commissioner, so as to prevent the CE's arbitrary replacement of the post holder;
(c)	whether they know the public has the following concern: that the Commissioner's previous service in the disciplined services might undermine the independence of ICAC, and ICAC might be partial to disciplined services officers in its handling of complaints against corruption; and
(d)	whether they will consider allowing this Council to take part in the selection of the Commissioner; if not, of the reasons for that?

Public Officer to reply : Chief Secretary for Administration

*For written reply.

III. Motions

Proposed resolution under the Interpretation and General Clauses Ordinance

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

RESOLVED that the Airport Authority (Permitted Airport-related Activities) Order, published in the Gazette as Legal Notice No. 127 of 2002 and laid on the table of the Legislative Council on 10 July 2002, be amended by repealing section 5 and substituting -

"5.	Approval of Financial Secretary
	(1)	The Authority shall obtain the approval of the Financial Secretary before undertaking to engage in any permitted airport-related activity specified in section 1, 2 or 3 of the Schedule in respect of an airport if the aggregate of -
		(a)	the amount of consideration payable by the Authority pursuant to such activity; and
		(b)	where the Authority is engaging in or has undertaken to engage in any other permitted airport-related activities specified in section 1, 2 or 3 of the Schedule in respect of the same airport, the amounts of consideration paid or payable by the Authority pursuant to such activities
exceeds 2.5% of the issued share capital of the Authority.
	(2)	After engaging in an activity approved by the Financial Secretary under subsection (1), the Authority shall ensure that a report of the activity is laid, as soon as practicable, on the table of the Legislative Council.".

IV. Members' Motions

1. Expectations for the implementation of policies Hon Martin LEE:

(Translation)

That this Council urges the Government to consider seriously the expectations of the Members of this Council for the 2003 Policy Address.

Public Officer to attend : Chief Secretary for Administration

Terminal handling charges

Hon Kenneth TING:

(Translation)

That this Council urges the Government to expeditiously study the specific impact of the persistently high terminal handling charges on the local economy, and to strive to have those charges reduced to a reasonable level.

Public Officer to attend : Secretary for Economic Development and Labour Clerk to the Legislative Council