A 02/03-10

Legislative Council

Agenda

Wednesday 4 December 2002 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
1.Import and Export (General) (Amendment) Regulation 2002179/2002
2.Import and Export (Fees) (Amendment) Regulation 2002180/2002
3.Trade Marks Ordinance (Amendment of Schedule 1) Regulation 2002181/2002
4.Marine Parks and Marine Reserves (Amendment) Regulation 2002182/2002
5.Census and Statistics (Survey of Innovation Activities) Order183/2002
6.Practising Certificate (Special Conditions) Rules184/2002
7.Securities and Futures (Unsolicited Calls ── Exclusion) Rules185/2002
8.Securities and Futures (Recognized Counterparty) Rules186/2002
9.Securities and Futures (Registration of Commission Disciplinary Orders) Rules187/2002
10.Securities and Futures (Professional Investor) Rules188/2002
11.Securities and Futures (Leveraged Foreign Exchange Trading ── Exemption) Rules189/2002
12.Securities and Futures (Leveraged Foreign Exchange Trading) (Arbitration) Rules190/2002
13.Securities and Futures (Exempted Instruments ── Information) Rules191/2002
14.Tax Reserve Certificates (Rate of Interest) (No. 9) Notice 2002192/2002
15.Public Health and Municipal Services (Amendment) Ordinance 2002 (1 of 2002) (Commencement) (No. 2) Notice 2002193/2002
16.Public Health and Municipal Services Ordinance (Public Markets) (Amendment of Tenth Schedule) Order 2002194/2002
17.Declaration of Markets Notice (Amendment) (No. 2) Declaration 2002195/2002


II. Questions

1. Hon WONG Yung-kan to ask: (Translation)

I have learnt that many people had their handbags or wallets stolen while shopping at supermarkets. In this connection, will the Government inform this Council:
    (a)of the total number of theft cases at supermarkets reported by individual members of the public to the Police in the past three years and, among these cases, the number of cases in which the suspects were arrested;

    (b)of its measures to curb such crimes; and

    (c)whether it will join hands with the operators of supermarkets to remind the public to take care of their belongings while shopping at supermarkets; if not, of the reasons for that?
Public Officer to reply : Secretary for Security

2. Hon Fred LI to ask: (Translation)

Under the Registration of Persons Ordinance, persons who have been granted permission to stay in Hong Kong for 180 days or more, such as foreign domestic helpers and imported workers, are required to apply for the Hong Kong Identity Card ("HKIC"). Besides, all holders of HKIC, their spouses as well as their children under the age of 11 are eligible for public health services at heavily subsidized rates. Regarding the provision of public health services to those HKIC holders who are subject to conditions of stay, will the Government inform this Council of:
    (a)the current total number of such persons, together with a breakdown by the type of entry visas granted to them;

    (b)the number of attendances for various public health services last year by such persons, broken down by the type of entry visas, and the total public expenditure thus incurred; and

    (c)the rationale for its decision to allow such persons to receive public health services at heavily subsidized rates, when it formulated the charging policy for public health services?
Public Officer to reply:Secretary for Health, Welfare and Food
Secretary for Security

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

It has been reported that China and member countries of the Association of Southeast Asian Nations ("ASEAN") have signed an agreement which aims to establish the China-ASEAN Free Trade Area ("FTA") by 2010, which will have a population of 1.7 billion. In this connection, will the Government inform this Council:
    (a)whether, given the above latest development, it plans to conduct an assessment of the positive and negative impacts of the establishment of the FTA on Hong Kong's economy; if so, of the details;

    (b)of the strategy and measures to grasp the opportunities arising from the establishment of the FTA to strengthen Hong Kong's status as an international business and trade centre; and

    (c)whether, in order to promote the establishment of the Greater China FTA, it has examined the experience that the SAR Government can draw from the process of establishing the China-ASEAN FTA?
Public Officer to reply : Secretary for Commerce, Industry and Technology

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

To promote students' understanding of the motherland, arouse their awareness of their national identity and respect for the national flag, and promote civic education, approval has been given for Government schools to hoist the national flag on the National Day and certain important days. In this connection, will the Government inform this Council:
    (a)of the number of primary and secondary schools which hoisted the national flag on this year's National Day and their percentage in all the primary and secondary schools in the territory; the number of primary and secondary schools which have installed flag poles but did not hoist the national flag on that day and their reasons for that;

    (b)whether it will amend the Guidelines for Display of the National Flag to clearly require primary and secondary schools to hoist the national flag on the National Day and at certain important festivals or occasions; if it will not, the reason for that; and

    (c)apart from the hoisting of the national flag, of the measures to be taken to step up national education in primary and secondary schools in order to enhance students' awareness of their national identity and their nationalism?
Public Officer to reply : Secretary for Education and Manpower

5. Hon Ambrose LAU to ask: (Translation)

In its progress report submitted to the Legislative Council ("LegCo") in June last year subsequent to the motion debate on "Expediting the establishment of a commercial credit reference agency ("CCRA")", the Government indicated that it hoped the Working Group convened by the Hong Kong Monetary Authority ("HKMA") would be able to prepare detailed proposals on the establishment of a CCRA within that year. Moreover, according to the presentation material provided by HKMA at the LegCo Financial Affairs Panel meeting on 4 November this year, the Working Party, formed by the Hong Kong Association of Banks and the Deposit-taking Companies Association in May this year to follow up on the implementation details of the scheme for the establishment of a CCRA, "has made good progress on a number of issues". In this connection, will the Government inform this Council:
    (a)of the substantive contents of the various issues on which the Working Party "has made good progress"; and

    (b)as the establishment of a CCRA has important implications on the financing channels for small and medium enterprises, of the earliest possible date for implementing the relevant proposals?
Public Officer to reply : Secretary for Financial Services and the Treasury

6. Dr Hon YEUNG Sum to ask: (Translation)

It has been reported that the Chief Executive has recently indicated that at present the Government will not consider issuing bonds to solve its fiscal deficit problem. In this connection, will the Government inform this Council:
    (a)whether it had issued any bonds in the past; if so, of the number of occasions on which such bonds were issued and the amount of bonds issued on each occasion, the respective amounts of fiscal reserve and fiscal deficit at the time of bond issuance, as well as the reasons for issuing the bonds and the usage of the funds raised therefrom;

    (b)whether a detailed study has been conducted on the implications of issuing bonds; if so, of the details; if not, the reasons for that; and

    (c)of the reasons for not considering issuing bonds at present, and the circumstances under which it will consider issuing bonds?
Public Officer to reply : Secretary for Financial Services and the Treasury

*7. Hon Andrew CHENG to ask: (Translation)

In an open letter issued on 19 December last year, the Transport Department provided information on the relevant legislation concerning the licensing of mini-motorcycles, motor-driven bicycles and motor-driven skateboards. In this connection, will the Government inform this Council whether:
    (a)any persons who used the above-mentioned vehicles illegally were prosecuted in the past two years; if so, the respective numbers of such prosecutions and those which were successful each year;

    (b)any such vehicles have been subjected to Vehicle Type Approval Examination or Vehicle Pre-registration Examination; if so, the number of such vehicles which were examined or registered in the past year; if not, the reasons for that; and

    (c)it will consider introducing legislative amendments to license the use of the above-mentioned vehicles on roads; if so, the timetable for such legislative amendments; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that callers to the hotlines of some public organizations and government departments (including the 1823 Citizen's Easy Link ("CEL") operated by the Efficiency Unit) have to wait for a long time before they are answered and, in respect of calls to the Consumer Council and the Housing Department hotlines, the longest waiting time recorded was over 30 minutes, causing much inconvenience to users of such hotlines. In this connection, will the Government inform this Council whether:
    (a)a performance target has been set for 1823 CEL in terms of response time for an incoming call; if so, the performance target and the attainment percentage of the target;

    (b)any publicity efforts have been made to raise public awareness of the above hotline; if so, the details;

    (c)it has assessed the effectiveness of the above hotline; if so, the assessment results;

    (d)it plans to include the performance report on the above hotline in the Controlling Officer's Report under "Head 142 ── Government Secretariat: Offices of the Chief Secretary for Administration and the Financial Secretary" in the Budget; and

    (e)it knows what improvement measures the Consumer Council and the Housing Department have adopted respectively to address the long waiting time for calls to their hotlines?
Public Officer to reply : Chief Secretary for Administration

*9. Hon Albert HO to ask: (Translation)

Regarding those cases in which Notices-To-Quit were issued by the Housing Department ("HD") to recover public rental housing flats from residents who had defaulted on rental payments, will the Government inform this Council:
    (a)of the rate of default on rental payments, the number of Notices-To-Quit issued due to such default and the number of flats eventually recovered, in each quarter of the past three years;

    (b)of its procedures for handling residents' appeals against Notices-To-Quit;

    (c)whether HD has discretionary power to handle those default cases with special circumstances (such as cases in which the tenants, who have cleared all outstanding rent arrears on receipt of the Notices-To-Quit and the tenancies are subsequently reinstated, subsequently default on rental payments again); and of the details of the guidelines issued by HD to its staff in handling these cases; and

    (d)whether HD will, given the present economic downturn, consider relaxing the guidelines mentioned in (c) so that HD can have more discretionary power in handling the cases concerned?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

In reply to a question asked at the Legislative Council meeting on 28 November 2001, the Government indicated that the Electrical and Mechanical Services Department had commissioned a consultancy study on the feasibility of replacing light passenger/goods vans and light goods vehicles with models that were run on liquefied petroleum gas ("LPG"). The scope of the study included examining whether the available LPG terminal storage capacity, LPG filling stations and other related supporting infrastructure would be adequate to meet the requirements of such vehicles; moreover, the consultant was finalizing the study report and the Council would be briefed on the detailed findings of the study once the report was completed. In this connection, will the Government inform this Council:
    (a)whether the report has been completed; if so, when this Council will be given a detailed briefing; if not, the reasons for that; and

    (b)of the current number and geographical distribution of LPG filling stations available; whether it has any plans to encourage oil companies to increase the provision of such facilities; if so, of the details?
Public Officer to reply : Secretary for the Environment, Transport and Works

*11. Hon Frederick FUNG to ask: (Translation)

Will the Government inform this Council:
    (a)of the current number of shops on the ground floor of residential buildings in Hong Kong being used for vehicle repairs;

    (b)whether the operation of vehicle repairs has to be licensed before; if so, of the licensing conditions and the number of licences issued in each of the past three years; if not, the reasons for that;

    (c)of the number of complaints received by the authority in each of the past three years about the nuisance caused by garages to the public's life and to the living environment as well as the details of follow-up actions taken in such cases;

    (d)whether it has drawn up any safety code for vehicle repairs in order to reduce their impact on residential areas; if it has, of the details and the measures in place to ensure that operators comply with the code; if not, the reasons for that; and

    (e)whether it has considered providing places, such as vacant industrial building blocks, to put together garages which currently operate in shops on the ground floor of residential buildings, so that they can operate at one location and thus reduce their nuisances to residential areas?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

The Administration announced in October last year its plan that the Hospital Authority ("HA") would set up 18 Chinese medicine out-patient clinics in various districts by the end of 2005, with the first to be set up in 2002-03. In this connection, will the Government inform this Council:
    (a)of the detailed arrangements of the above plan, including the timetable for setting up the clinics, as well as the location, number of staff and supporting facilities in respect of each clinic, etc.;

    (b)of HA's annual expenditure on providing the new service; and

    (c)as the HA will be in deficit this financial year, how the Administration will help it seek funding for the plan?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Will the Government inform this Council whether, up to the present, there are any groups or organizations which have applied to the Government for land by private treaty grant but have not yet been informed of the outcomes; if so, the number and names of these groups or organizations, the size and premium per square foot at the current market value of the land concerned, and the relevant land lease term proposed by them?

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

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

The Office of the Telecommunications Authority, operating as a trading fund, has all along been financed mainly by revenue from telecommunications licence fees. According to the Office of the Telecommunications Authority Trading Fund Report 2001-2002, its profit after tax for that year amounted to HK$58 million whilst the rate of return on fixed assets was 25.3%, exceeding the target rate of return of 14.5% per annum as determined by the Financial Secretary. In this connection, will the Government inform this Council:
    (a)of the respective costs of issuing the various telecommunications licences, as percentages of the telecommunications licence fees concerned;

    (b)whether it will reduce the various telecommunications licence fees next year; if so, of the levels of reduction of the various fees; if not, the reasons for that; and

    (c)whether it will set up a mechanism for regular reviews of telecommunications licence fees, so as to prevent the high level of telecommunications licence fees from increasing the burden on the operating costs of the various telecommunications licence holders and the telecommunications industry; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce, Industry and Technology

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

I notice that, with the decline of the agriculture industry in Hong Kong, an increasing number of plough oxen are abandoned in rural areas. In this connection, will the Government inform this Council:
    (a)whether it has statistics on the current total number of plough oxen in the territory, and the number of abandoned ones; if so, of the details;

    (b)whether it has devised measures to protect and ranch these oxen; if so, of the details of such measures and their implementation; if not, the reasons for that; and

    (c)as there are many plough oxen abandoned in Tai O, whether it has formulated policies particularly for the protection of these oxen, or considered keeping them in country parks for nature education purpose; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Regarding the air quality inside enclosed railway stations, will the Government inform this Council whether:
    (a)it knows:

    (i)the details of the cleaning and maintenance works carried out regularly on the ventilation systems of these stations;

    (ii)the number of breakdowns of the ventilation systems in such stations in the past five years, and the relevant details; and whether the railway corporations concerned had informed the passengers through the public address systems in such stations upon the breakdowns;

    (iii)the respective numbers of complaints received from passengers by the two railway corporations in the past three years about the stuffy air inside these stations making them sick; and

    (iv)the respective measures the two railway corporations have to improve the air quality inside these stations;

    (b)it has monitored the air quality of these stations on a regular basis; if so, of the relevant details in the past three years; if not, the reasons for that; and

    (c)the air pollution problem inside such stations has reached an unacceptable state?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

Regarding the Plastic Bags (Domestic) Recover Trial implemented by the Environmental Protection Department in late August this year, will the Government inform this Council of:
    (a)the total weight of plastic bags discarded in the past three years;

    (b)the reasons for not launching the trial scheme until August this year; and

    (c)the details of the trial scheme?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

In August this year, the Financial Secretary asked directors of bureaux to reduce the estimates of operating expenditure for the 2003-04 fiscal year of the departments under their portfolios by a uniform 1.8%. Moreover, the Administration is reviewing the priority of the public works projects for which funding approval has yet to be granted. Regarding the impact of expenditure reduction on the Independent Commission Against Corruption ("ICAC"), will the Executive Authorities inform this Council:
    (a)of the current number of corruption cases reported to ICAC which are outstanding, how long these cases have been left outstanding on average, and the expected impact of the reduction in operating expenditure on the backlog situation;

    (b)whether they have assessed how ICAC's corruption investigation and prevention work will be affected by the reduction in operating expenditure; if so, of the conclusion; and

    (c)of the current progress of the project to construct the ICAC Headquarters Building, the anticipated completion date of the Building, and how the above-mentioned review will affect the project?
Public Officer to reply : Chief Secretary for Administration

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

According to the Report on 2002 Annual Survey of Regional Offices Representing Overseas Companies in Hong Kong, as at 1 June this year, there were a total of 3 119 regional headquarters and regional offices in Hong Kong of companies incorporated outside Hong Kong ("foreign companies"). The figure represents a drop of 3.6% from the number of 3 237 for last year, which is also the first decline recorded since the compilation of such statistics in Hong Kong. In this connection, will the Government inform this Council:
    (a)whether it has assessed the reasons for the decline in the number of foreign companies' regional headquarters and regional offices in Hong Kong;

    (b)whether it knows the cities to which these companies have relocated their offices;

    (c)of the total number of staff currently employed by the foreign companies' regional headquarters and regional offices newly established in Hong Kong in the past three years, and the total amount of local investments made by these offices in the same period; and

    (d)whether it knows the changes, in the past three years, in the number of regional headquarters and regional offices in Shenzhen, Guangzhou, Shanghai and Singapore established by companies incorporated in other territories?
Public Officer to reply : Secretary for Commerce, Industry and Technology

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

In reply to a question on the regulation of ice-making plants, raised in this Council on the 6th of last month, the Government advised that the Food and Environmental Hygiene Department ("FEHD") had been taking samples of edible ice cubes from restaurants and other food premises for bacteriological examination and was reviewing the regulatory framework, including the need to introduce legislative amendments for regulating ice-making plants. In this connection, will the Government inform this Council:
    (a)of the current total number of plants that manufacture edible ice in Hong Kong;

    (b)whether the samples of ice cubes taken by FEHD for testing come directly from the containers for ice cubes in the restaurants or food premises; if not, where the test results show that the level of bacteria in the samples exceeds the statutory limit, how FEHD determines that the results are not caused by cross-contamination; and

    (c)of the anticipated timing for completing the review of the regulatory framework?
Public Officer to reply : Secretary for Health, Welfare and Food

*For written reply.

III. Bills

First Reading

1. Housing (Amendment) Bill 2002
2. Education (Amendment) Bill 2002

Second Reading (Debates to be adjourned)

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

2. Education (Amendment) Bill 2002 : Secretary for Education and Manpower

IV. Members' Motions

  1. Desalination
    Dr Hon LUI Ming-wah:
    2. (Translation)

    That this Council urges the Government to expeditiously mobilize scientific and technological personnel and provide funding for research on the latest desalination technology and equipment, with a view to solving in the long run the problem with the source of potable water for Hong Kong and easing the resultant financial burden, and facilitating the development of the desalination equipment manufacturing industry, as well as promoting economic development.

    Amendment to Dr Hon LUI Ming-wah's motion
    Hon Fred LI:     (Translation)

    To delete "expeditiously mobilize scientific and technological personnel and provide funding for research on the latest desalination technology and equipment" after "That this Council urges the Government to" and substitute with "conduct a feasibility study on desalination"; to delete "facilitating the development" and substitute with "relieving the burden of water charges on the public and various industries and trades; and to explore the viability"; and to delete ", as well as" after "of the desalination equipment manufacturing industry" and substitute with "with a view to".

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

  2. Maintaining infrastructural investments
    Ir Dr Hon HO Chung-tai:
    3.  (Translation)

    That, as the local economy remains in the doldrums and the unemployment rate is high, this Council urges the Government to adhere to its commitment to infrastructural investments, and to invest in the coming five years an amount no less than the total funding of about $147 billion earmarked for public works projects, i.e. an average annual expenditure of around $29.4 billion for the period 2002-03 to 2006-07, as stated in the Financial Secretary's letter dated 17 October 2002 to the Chairman of this Council's Public Works Subcommittee; furthermore, in reviewing the allocation of resources for public works projects, the Government should not only focus on the economic benefits generated by the projects concerned, but must also take into account their social benefits, as well as their effectiveness in stimulating the economy and providing more employment opportunities.

    Amendment to Ir Dr Hon HO Chung-tai's motion
    Hon Albert CHAN:     (Translation)

    To delete "furthermore" after "as stated in the Financial Secretary's letter dated 17 October 2002 to the Chairman of this Council's Public Works Subcommittee;" and substitute with "the Government should also ensure that subject to the principles of the World Trade Organization Agreement on Government Procurement, all the work procedures of such projects will be undertaken in Hong Kong and priority will be given to employing local workers; at the same time"; to delete "should not only focus" after ", in reviewing the allocation of resources for public works projects, the Government" and substitute with ", apart from focusing"; to delete "but must also" after "on the economic benefits generated by the projects concerned," and substitute with "must"; and to add "local" after "as well as their effectiveness in stimulating the economy and providing more".

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

Clerk to the Legislative Council