Council Meeting ( Agenda ) 20 November 2002

A 02/03-8

Legislative Council

Agenda

Wednesday 20 November 2002 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Antiquities and Monuments (Declaration of Historical Buildings) Notice 2002	167/2002
2.	Public Health and Municipal Services (Amendment) Ordinance 2002 (1 of 2002) (Commencement) Notice 2002	168/2002

Other Papers

1. No.23	-	Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2002
(to be presented by the President)
2. No.24	-	Report No. 39 of the Director of Audit on the results of value for money audits - October 2002
(to be presented by the President)
3. No.25	-	Accounts of the Government for the year ended 31 March 2002
(to be presented by Secretary for Financial Services and the Treasury)

II. Address

Hon LEUNG Fu-wah and Hon Miriam LAU to address the Council respectively on Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No. 2) Regulation 2002 and Road Traffic (Safety Equipment) (Amendment) Regulation 2002, which are subsidiary legislation laid on the Table of the Council on 23 October 2002.

III. Questions

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

Regarding crackdown on illegal employment, will the Government inform this Council:

(a)	of the number of major operations mounted last year to crack down on illegal employment; and, in each operation, the districts inspected, the targets, the enforcement agencies involved, the number of officers mobilized and the respective numbers of employers and illegal workers arrested;
(b)	of the number of illegal workers arrested since January this year, broken down by nationality and the trades in which they were employed and, among them, the respective numbers from the Mainland who entered Hong Kong on Two-way Exit Permits and illegally; whether such figures have shown an upward trend as compared to those of the last three years; and
(c)	whether it has discussed with the relevant Mainland authorities measures to stop Mainlanders taking up employment illegally in Hong Kong; if so, of the specific outcome of the discussions?

Public Officer to reply : Secretary for Security

2. Hon Andrew CHENG to ask: (Translation)

The former Financial Secretary pointed out in his last Budget Speech that the Government should take an honest look at measures which were inconsistent with the principles of environmental protection, including exempting franchised buses from the duty on diesel. He further said that if no resolute actions were taken, the whole community would have to pay a higher price for its environmental problems in the future. In this connection, will the Government inform this Council:

(a)	of the respective total expenditures on diesel fuel incurred by each franchised bus company in each of the past three years;
(b)	whether it has reviewed if exempting franchised buses from the duty on diesel should continue; if it has, of its conclusion, and whether it has considered the movements in diesel prices in the course of the review; if it has not undertaken such a review, the reasons for that; and
(c)	whether it has assessed the impact of levying diesel duty on the operating costs of franchised bus companies; if so, of the results of assessment?

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

3. Hon Audrey EU to ask: (Translation)

It has been reported that the Quality Education Fund recorded investment losses in the past two years. In this connection, will the Government inform this Council:

(a)	of the weighting of each type of investments, such as cash deposits in banks, stocks and bonds etc., by the Fund in the past three years, and the respective rates of return of each type of investments and of the Fund as a whole;
(b)	whether the relevant authority will review the investment performance of the Fund and adjust its investment strategy in the light of the findings, in order to lower the Fund's risk exposures; and
(c)	whether the relevant authority has formulated guidelines on the Fund's investment strategy, particularly on the acceptable risk exposure level; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Education and Manpower

4. Hon LAU Ping-cheung to ask: (Translation)

In view of the Government's huge fiscal deficit, will the Government inform this Council whether private consortia will be allowed to take part in the building and operation of infrastructural and community facilities; if so, of the facilities to be built and operated by the Government and private consortia respectively, the various options for private consortia to build and operate such facilities (such as a build, operate and transfer franchise), as well as the merits and demerits of the various options; if not, the reasons for that?

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

5. Hon Frederick FUNG to ask: (Translation)

Regarding default on rental payments by tenants of public rental housing ("PRH") estates, will the Government inform this Council:

(a)	of the percentage of PRH tenants defaulting on rental payments and the number of those tenants who defaulted on such payments for more than three times, in each of the past five years; and
(b)	whether it will consider waiving the rents of PRH tenants who have low incomes but do not receive Comprehensive Social Security Assistance payments?

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

6. Hon Abraham SHEK to ask:

Regarding the comprehensive study on Hong Kong's population policy being conducted by the Government, will the Government inform this Council:

(a)	whether it intends to bring in "higher quality" migrants; if so, of the definition of such migrants;
(b)	of the progress made in drawing up the proposal to attract investors to invest and settle in Hong Kong; and
(c)	of the numbers of entry applications for employment received since the implementation of the Admission of Mainland Professionals Scheme in June this year, broken down by the information technology sector and the financial services sector and, among them, the numbers of approved applications, as well as the average monthly salaries of those who have been admitted to Hong Kong?

Public Officer to reply : Secretary for Security

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

In a supplementary information paper submitted to the Panel on Transport of this Council in June this year, the Government forecast that after the opening of the Northern Link ("NOL") in 2016, the daily passenger flow through the rail boundary crossings on normal weekdays would be 540 000 on average, of which 130 000 would cross the boundary using NOL. However, when speaking in the motion debate on "Expediting the implementation of the Northern Link" at the Council meeting on 9 October this year, the Secretary for the Environment, Transport and Works pointed out that, according to the Administration's "estimate, with the opening of NOL in 2016, the daily cross-boundary rail passenger traffic would increase by 10% to 500 000. Based on the preliminary assessment, a daily cross-boundary passenger flow of 40 000 would not be sufficient to make the construction and operation of NOL financially viable". In this connection, will the Government inform this Council:

(a)	of the reasons for the discrepancy in the two sets of figures in respect of the average daily passenger flow through the rail boundary crossings on normal weekdays after the opening of NOL, and how the above four passenger traffic flows are worked out;
(b)	whether, in forecasting the cross-boundary passenger flow to be accommodated by NOL, it has taken into account factors such as the commissioning of the Shenzhen Metro in 2004 and the shift in the focus of Shenzhen's urban development planning towards the western part of the city; if not, the reasons for that; and
(c)	whether the Kowloon-Canton Railway Corporation has liaised with the relevant government departments on the proposal to expedite the implementation of NOL; if so, of the contents of the Corporation's proposal?

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

*8. Hon James TIEN to ask: (Translation)

In reply to a question raised by a Member at the Legislative Council meeting on 16 October this year, the Secretary for the Environment, Transport and Works pointed out that the Hong Kong Special Administrative Region Government and the Guangdong Provincial Government had set up an expert group under the Hong Kong-Guangdong Joint Working Group on Sustainable Development and Environmental Protection to take forward various measures in air pollution management, with the objective of achieving the agreed emission reduction targets by 2010. In response to my supplementary question, the Secretary cited examples to illustrate these measures. In this connection, will the Government inform this Council of the details of the various measures in air pollution management and the implementation timetable?

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

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

It has been reported that complaints have been lodged about courses operated by the extra-mural departments or affiliated schools of some University Grants Committee-funded institutions (UGC-funded institutions) and about courses jointly operated by these institutions and non-local institutions not meeting the advertised descriptions and charging excessive school fees. In this connection, will the Government inform this Council:

(a)	whether there are any restrictions on the claimed academic standard (such as diploma, degree or postgraduate level) of these courses; if so, of the details; whether the academic standards of courses at associate degree level or above are self-accredited by the institutions operating the courses; if so, of the reasons;
(b)	of the mechanism for monitoring the quality, academic standard and vetting applications for admission to such courses; how the monitoring agency assures the quality of these courses; whether the courses have to be registered; if so, of the ordinance under which they are registered; if not, the reasons for that;
(c)	whether it knows if any channels have been set up by UGC-funded institutions to handle complaints about courses not meeting the advertised descriptions; if there are such channels, of the number of such complaints received by each institution in each of the past five years and the percentage of such complaints among all complaints received by the relevant institution for the year; if not, of the agency for handling the complaints; and
(d)	whether it knows if UGC-funded institutions and their extra-mural departments or affiliated schools share the teaching and financial resources between themselves; if they do, of the items of the resources concerned and the amount of money received for such items by each party in each of the past three years, as well as the percentage of such amount in the fund allocated to the institution, or in its surplus, for that year?

Public Officer to reply : Secretary for Education and Manpower

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

Victoria Park in Causeway Bay is open to the public round the clock, but the public toilets there are not, thereby causing inconvenience to the users of the Park. In this connection, will the Government inform this Council whether it will extend the opening hours of such toilets; if so, of the new opening hours and when they will be implemented; if not, the reasons for that?

Public Officer to reply : Secretary for Home Affairs

*11. Hon Michael MAK to ask: (Translation)

It has been reported that, at the end of last month, more than ten people yelled noisily inside the Accident and Emergency ("A&E") department of the Prince of Wales Hospital because they were disgruntled about the failure of the doctors on duty to provide immediate treatment to their friends. Insults were hurled at the police officers on duty when they called a halt to such yelling. It was only after a dozen or so police officers had arrived that the situation was under control. Regarding public order at A&E departments of public and private hospitals, will the Government inform this Council:

(a)	whether there are police officers on duty round the clock in each A&E department at present; if so, of the average number of police officers on duty per shift in each A&E department and the duties of these police officers;
(b)	whether it has assessed the adequacy of the existing police manpower in A&E departments for maintaining public order and ensuring that health care personnel are free from harassment; and
(c)	of the number and details of cases in which health care personnel at A&E departments were assaulted and injured whilst on duty in the past five years?

Public Officer to reply : Secretary for Security

*12. Hon CHAN Yuen-han to ask: (Translation)

Regarding the E.A.S.Y. Programme (Early Assessment Service for Young People with Psychosis) implemented by the Hospital Authority ("HA"), will the Government inform this Council whether it knows:

(a)	the staffing arrangement and service regions of the above programme;
(b)	the respective annual numbers of cases handled by the four E.A.S.Y. regional service centres specially set up under the above programme since their establishment, and the numbers of new cases received each year; whether the numbers of such cases are on the rise in recent years; if so, of the reasons for that; and how the HA copes with the increasing service demand;
(c)	the respective numbers of cases in which the patients under the programme are receiving treatment, fully rehabilitated or are deteriorating; if any support services have been provided to those receiving treatment; if so, of the organizations providing such support services;
(d)	given that the target clientele of the above programme are young persons aged 15 to 25, if HA has provided support or treatment services to persons with psychosis who are in other age groups; if it has, of the organizations providing such services; and
(e)	if HA has assessed the number of persons with psychosis who have not received any diagnosis or treatment; and why they refuse to do so?

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

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

In view of the large number of wild monkeys settling in the areas of the Lion Rock, Kam Shan and Shing Mun Country Parks, will the Government inform this Council:

(a)	whether it monitors the changes in the number of monkeys and of the estimated number of monkeys currently settling in each of the above areas;
(b)	whether it has reviewed the impact of a large number of monkeys on the ecology of the country parks; if so, of the findings and remedial actions it will take;
(c)	of the measures to prevent over-proliferation of monkeys;
(d)	of the respective numbers of complaints lodged by picnickers about nuisances and attacks by monkeys in the past three years; and whether it has assessed the severity of the problem of monkeys causing nuisances to picnickers; if it has, of the details of the assessment;
(e)	of the diseases that can be transmitted to human beings through contacts with monkeys; and
(f)	whether the health conditions of monkeys are monitored on a regular basis; if so, of the details; if not, the reasons for that?

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

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

Regarding the "Thin Client" network system (i.e. a network system formed by linking a central computer which can process multi-operations and abundant arithmetic calculations with several network computers ("NCs") which are normally not installed with storage devices such as hard disks; users of NCs can simply retrieve the required programs or data from the server when booting their computers whilst the major arithmetic calculations and processing operations are performed solely by the central computer), will the Government inform this Council:

(a)	whether it has assessed if the above network system is suitable for the operation of various government departments, particularly during the current financial hard time of the Government; if it has, of the results; if not, the reasons for that; and
(b)	if the above assessment results show that the network system is suitable for the operation of various government departments, of the departments which will first adopt the system; the savings in expenditures and the impact of adopting such system on the service standard of the departments concerned?

Public Officer to reply : Secretary for Commerce, Industry and Technology

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

I have received complaints from residents in Tin Shui Wai that the road opening works at a section of Tin Shui Road between Tin Chung Court and Tin Wah Estate, which started more than two years ago, have not yet been completed. Since there are some ten bus routes with bus stops at that section of the road, with buses queuing up to pull in at the stops during rush hours and illegal parking in the vicinity, the area often experiences severe traffic jams. Moreover, as the pedestrian traffic lights there are still not in service, pedestrians have to cross the road with no crossing facilities. In this connection, will the Government inform this Council:

(a)	of the reasons for the slow progress of the above works despite my request two years ago to the Administration for their completion as soon as possible, and the measures the Administration will take to solve the problem once and for all;
(b)	as there have been reports from residents that very often no workers are working at the site, whether the relevant departments have monitored the progress of the works closely; if they have, of the details; if not, the reasons for that;
(c)	of the number of prosecutions instituted last year in respect of illegal parking on that section of Tin Shui Road, and the measures the Administration will take to solve the problem of illegal parking there; and
(d)	given that Tin Chung Court and Tin Wah Estate have been occupied for more than two years, whether it has assessed the impact of the delay in completion of the works, the traffic jam at the relevant section of the road and the lack of road-crossing facilities on the residents in the area; if it has, whether there are specific improvement plans; if not, the reasons for that?

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

*16. Hon Emily LAU to ask:

Regarding the provision of an accessible, affordable, expeditious and effective mechanism for individuals to seek redress and reparation for alleged violations of human rights, will the Executive Authorities inform this Council whether they have plans to establish an independent Human Rights Commission, with powers to investigate complaints about violation of human rights and to advise the Administration on whether a particular piece of proposed legislation is in compliance with international human rights standards; if so, of the details of such plans; if not, the reasons for that?

Public Officer to reply : Secretary for Home Affairs

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

It was reported that five out of the 13 public car parks under the management of the Transport Department were grossly under-utilized last year. In this connection, will the Government inform this Council:

(a)	of details of the reasons for the under-utilization of the five car parks concerned;
(b)	whether it has assessed the amount of parking fees foregone in the past three years due to the 13 car parks not being utilized to their optimum; if so, of the total amount of parking fees foregone; and
(c)	of the measures to improve the utilization rates of these car parks?

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

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

As a number of bomb explosions in connection with suspected terrorist attacks have occurred in Indonesia and the Philippines recently, and the Australian Government has also specified certain Southeast Asian countries as places where the threats of terrorist attacks are high, will the Government inform this Council whether communications and contacts with governments in other territories have been strengthened so as to ascertain the threats of terrorist attacks in neighbouring territories, so that outbound travellers can be alerted accordingly?

Public Officer to reply : Secretary for Security

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

Regarding the fares of green minibuses, will the Government inform this Council:

(a)	of the criteria adopted by the Transport Department for approving the fares of green minibus routes, and the respective weights of "journey distance" and "service area" in the criteria;
(b)	of the existing mechanism for adjusting the fares of green minibuses, and whether it has assessed if the mechanism is comprehensive and if there are areas for improvement;
(c)	whether it has assessed if the existing levels of fares of various green minibus routes are reasonable; if it has, of the results as well as the routes in respect of which fares are too high; if not, whether it will consider conducting such an assessment; and
(d)	of the number of complaints the authority received from the public about excessively high fares of green minibuses in the past three years, and how it followed up these complaints?

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

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

Will the Government inform this Council:

(a)	of a breakdown, by school districts, of the location and size of the sites reserved for constructing primary and secondary schools in the current year and the next two years, the number and type of schools to be constructed, and the projected year of completion;
(b)	as only 33 school premises are left for the conversion of bi-sessional primary schools into whole-day schools, which fall short of the school premises required to meet the need to convert all bi-sessional primary schools into whole-day schools before the 2007/2008 school year, whether the Government will allocate more land for constructing schools; if it will, of the details; if not, the reasons for that; and
(c)	of the criteria for reserving school sites, whether a limit has been set on the amount of land to be allocated each year for the construction of schools and whether modifications will be made to the use of reserved schools sites; if so, of the details?

Public Officer to reply : Secretary for Education and Manpower

*For written reply.

IV. Bills

First Reading

Education Reorganization (Miscellaneous Amendments) Bill 2002

Second Reading (Debate to be adjourned)

Education Reorganization (Miscellaneous Amendments) Bill 2002 : Secretary for Education and Manpower

V. Members' Motions

Proposed resolution under the Interpretation and General Clauses Ordinance
Hon Audrey EU to move the following motion:

(a)	Karaoke Establishments (Licensing) Regulation, published in the Gazette as Legal Notice No. 153 of 2002; and
(b)	Karaoke Establishments (Fees) Regulation, published in the Gazette as Legal Notice No. 154 of 2002,

Proposed resolution under the Interpretation and General Clauses Ordinance
Hon Mrs Selina CHOW to move the following motion:

(a)	Chinese Medicine (Fees) Regulation, published in the Gazette as Legal Notice No. 159 of 2002;
(b)	Chinese Medicines Regulation, published in the Gazette as Legal Notice No. 160 of 2002; and
(c)	Chinese Medicines Traders (Regulatory) Regulation, published in the Gazette as Legal Notice No. 161 of 2002,

Developing elevated pedestrian walkway systems
Dr Hon LAW Chi-kwong:

Amendment to Dr Hon LAW Chi-kwong's motion
Hon IP Kwok-him:

Amendment to Hon IP Kwok-him's amendment
Dr Hon YEUNG Sum:

: Secretary for the Environment, Transport and Works

Clerk to the Legislative Council

Legislative Council

Agenda Wednesday 20 November 2002 at 2:30 pm

Agenda

Wednesday 20 November 2002 at 2:30 pm