A 02/03-11

Legislative Council

Agenda

Wednesday 11 December 2002 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
1.Nurses (Registration and Disciplinary Procedure) (Amendment) Regulation 2002196/2002
2.Enrolled Nurses (Enrolment and Disciplinary Procedure) (Amendment) Regulation 2002197/2002
3.Airport Authority Ordinance(Map of Airport Area) Order198/2002
4.Airport Authority Ordinance (Map of Restricted Area) Order 199/2002
5.Appeal Board on Closure Orders (Immediate Health Hazard) Rules 200/2002
6.Securities and Futures (Client Securities) Rules201/2002
7.Securities and Futures (Client Money) Rules202/2002
8.Securities and Futures (Associated Entities ── Notice) Rules 203/2002
9.Companies Ordinance (Exemption of Companies and Prospectuses from Compliance with Provisions) (Amendment) Notice 2002204/2002
10.Securities and Futures (Registration of Appeals Tribunal Orders) Rules205/2002
11.Securities and Futures (Registration of Market Misconduct Tribunal Orders) Rules206/2002
12.Securities and Futures (Collective Investment Schemes) Notice 207/2002
13.Chiropractors Registration Ordinance (Cap. 428) (Commencement) Notice 2002208/2002


Other Papers

1. No.35-Annual Report on The Police Children's Education Trust and The Police Education and Welfare Trust for the period from 1 April 2001 to 31 March 2002
(to be presented by Secretary for Security)

2. No.36-Emergency Relief Fund Annual Report by the Trustee for the year ending on 31 March 2002
(to be presented by Secretary for Health, Welfare and Food)

3. No.37-Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 2001-2002
(to be presented by Secretary for Health, Welfare and Food)

4. No.38-Hong Kong Sports Development Board Annual Report 2001-2002
(to be presented by Hon Bernard CHAN)


II. Questions

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

Regarding the woman health services provided by maternal and child health centres ("MCHCs") and woman health centres ("WHCs") under the Department of Health, will the Government inform this Council:
    (a)given that the respective estimated numbers of attendances and enrolment for woman health services for this financial year are 36 000 and 18 000 only, whether it plans to promote woman health services extensively; if so, of its target;

    (b)whether it has set any indicator according to the population for planning the respective numbers of MCHCs and WHCs to be established in each district; if so, of the indicator; and based on such indicator, whether the current numbers of MCHCs in various districts and their present scope of services should be adjusted; if no such indicator has been set, how resources are allocated in response to the demographic changes in various districts; and

    (c)of the progress of the work to extend woman health services to MCHCs, and the utilization of such services in the first 10 months of this year?
Public Officer to reply : Secretary for Health, Welfare and Food

2. Hon Cyd HO to ask: (Translation)

The Government's General Regulations stipulate that before giving approval in principle to a drafting proposal, the Policy Secretary should consider whether it is necessary to consult the various interested parties outside the Government, and that the compilation of drafting instructions should commence only after such approval is available. In this connection, will the Government inform this Council whether:
    (a)there were any cases in the past five years in which, before the public consultation period for the legislative proposal in question expired, the Policy Secretary concerned had already given approval in principle to a drafting proposal so that the compilation of the relevant drafting instructions could commence right away; if so, of the details and the rationale of the Policy Secretary concerned for adopting such a course of action;

    (b)it has assessed whether the Administration's act of commencing the compilation of the relevant drafting instructions before the completion of the public consultation on the proposal for legislation in respect of Article 23 of the Basic Law has deviated from the provisions of the General Regulations; if it has, of the assessment results; and

    (c)it has assessed whether the course of action referred to in (b) above will give the public an impression that the Administration has already finalized its decision on the legislative proposal in question, and is not conducting a comprehensive and genuine public consultation; if it has, of the assessment results?
Public Officer to reply : Secretary for Security

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

The Government announced on 27 November that it had accepted the final recommendations of the University Grants Committee regarding higher education in Hong Kong, including the recommendation that funding for the institutions' sub-degree programmes, subject to specified exceptions, should be switched from public-funded to self-financing gradually. At the same time, the Government made no mention of the future development of higher diploma programmes, which are of the same concern as sub-degree programmes. In this connection, will the Government inform this Council:
    (a)of the reasons for accepting the proposal that sub-degree programmes should operate on a self-financing basis, while substantially subsidizing degree programmes; whether it has assessed if this is unfair to students in the sub-degree sector; if so, of the outcome of the assessment;

    (b)given that the Administration has undertaken to raise the level of the financial assistance for students enrolled in sub-degree programmes to that similar for university students, of the average increased amount of grants that each student in the sub-degree sector will receive; and

    (c)whether it plans to replace higher diploma programmes with sub-degree programmes, and of the measures it will take to ensure that the academic standards of sub-degree programmes can receive the same recognition by the relevant professional bodies as for higher diploma programmes; if no such measures will be taken, of the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

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

In the Report on the Consultancy Study on Fisheries Resources and Fishing Operations in Hong Kong Waters published by the Agriculture, Fisheries and Conservation Department in April 1998, it was recommended that a fishing licence programme should be established so that the Government would be able to directly control the number of fishing vessels. However, the programme has not yet been implemented. In this connection, will the Government inform this Council of:
    (a)the reasons for the delay in implementing the programme; and

    (b)the timetable for implementing it?
Public Officer to reply : Secretary for Health, Welfare and Food

5. Hon Albert CHAN to ask: (Translation)

Regarding the foundation strengthening works for Block J of Tin Fu Court and Blocks K and L of Tin Chung Court in Tin Shui Wai, will the Government inform this Council:
    (a)whether the works for Block J of Tin Fu Court were completed in June this year and those for Blocks K and L of Tin Chung Court will be completed by January 2003 as scheduled; and the latest estimated expenditure of each project;

    (b)of the reasons for delays, if any, in the completion of the projects; and

    (c)of the number of buyers currently waiting to take possession of their flats, the compensation which the relevant authority has offered them for delays in the delivery of the premises and its plan to deal with the unsold flats?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

It has been reported that, because of its concealed environment, a pavilion located inside Victoria Park in Causeway Bay near the Gloucester Road Flyover has been used by people with triad background to operate illegal gambling dens as well as illegal money-lending and drug-dealing activities. Foreign domestic helpers are also found engaging in prostitution there. In this connection, will the Government inform this Council:
    (a)whether the Police have investigated if criminal activities take place there; if so, of the investigation results;

    (b)of the measures taken by the Police to combat criminal activities that take place there and whether prosecutions have been instituted in respect of such activities; and

    (c)whether the Police will step up enforcement actions to prevent the breeding of crimes at Victoria Park; if so, of the details?
Public Officer to reply : Secretary for Security

*7. Dr Hon YEUNG Sum to ask: (Translation)

It has been learnt that carcinogenic asbestos has been found in the building components of the housing blocks in North Point Estate which is being demolished. This has aroused concerns among residents in the neighbourhood, who fear that asbestos may be released in the course of demolition and disperse outside the Estate, thus posing a threat to their health. In this connection, will the Government inform this Council whether the demolition works of the Estate which have been completed and are in progress have led to the release and dispersal of asbestos outside the Estate, and of the measures in place to prevent the dispersal of asbestos beyond the Estate, hence posing threats to nearby residents? Public Officer to reply : Secretary for Housing, Planning and Lands

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

Regarding the execution of court orders by bailiffs, will the Government inform this Council:
    (a)of the number of occasions on which bailiffs executed court orders, the types of execution orders and the success rate in the past two years;

    (b)of the mechanism in place to monitor the work of bailiffs; and whether it has assessed the effectiveness of their work; if so, of the assessment results; if not, the reasons for that; and

    (c)whether it has considered if it is necessary to amend the existing legislation and measures so as to increase bailiffs' powers and the success rate of their execution of court orders; if it has not, the reasons for that?
Public Officer to reply : Chief Secretary for Administration

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

It has been reported that the Shenzhen authorities plan to invest RMB 65 billion yuan in the construction of six major logistics park regions between 2001 and 2005, with the aim of developing Shenzhen into the largest logistics park region in Southern China. In this connection, will the Government inform this Council:
    (a)whether it has assessed the impact of the above plan on the development of the logistics industries in Hong Kong; if so, of the outcome; and

    (b)of the measures it will take to reinforce the position of Hong Kong as the logistics centre in Southern China?
Public Officer to reply : Secretary for Economic Development and Labour

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

Regarding the funding arrangement of the "Operating Expenses Block Grant" for aided schools which was introduced in the 2000/01 school year, will the Government inform this Council of the following as at September this year:
    (a)the respective amounts of reserves held by the aided schools with the highest and the lowest cumulative reserves;

    (b)the number of aided schools without any cumulative reserves; and

    (c)whether there are aided schools whose extra-curricular activities for students have been affected by the early exhaustion of the grant; if so, how the authorities deal with the problem?
Public Officer to reply : Secretary for Education and Manpower

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

It has been reported that the Director of Water Supplies has indicated that the Water Supplies Department ("WSD") will have difficulty achieving the expenditure savings of 1.8% in the next financial year, unless the Government allows WSD to cut back the less cost-effective water supply service to remote areas, and to operate other services in addition to water supply. In this connection, will the Government inform this Council:
    (a)regarding its undertaking to supply treated fresh water to 39 villages with some 8 240 villagers in stages from 2002 to 2006, whether the water supply projects concerned will fail to be completed as scheduled owing to the WSD's need to achieve savings; and

    (b)whether WSD has assessed the feasibility of operating other services in addition to water supply; if so, of the anticipated revenue and risks arising from the provision of such services?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that tenants of parking spaces in the container vehicle park at Kwai Wo Street in Kwai Chung recently protested against the new operator of the park for increasing the rentals by 30% upon taking up the operation. Moreover, according to some tenants, nearly 80% of the parking spaces of the parks in the vicinity of Kwai Chung Container Terminals are operated by two related companies. In this connection, will the Government inform this Council:
    (a)of the policies and the terms in the tenancies of container vehicle parks to ensure fair competition among the operators thereof and to prevent monopoly of parking spaces for container vehicles;

    (b)whether there are any operators who just leave the land concerned vacant instead of operating container vehicle parks after being granted the tenancies of container vehicle parks; if so, of the period of such vacancy and the policies or contract terms in place to avoid such situation;

    (c)apart from contract price, whether other factors, such as container truck operators' performance and market share, are considered when it determines if they will be granted the tenancies of the container vehicle parks; and

    (d)as the Housing Authority ("HA") grants the management of carparks in its housing estates to operators through tendering under commercial principles whilst the rentals of the parking spaces are determined by HA itself, whether it will consider adopting such practice when handling the tenancies of the container vehicle parks?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

Regarding the delineation of village constituency boundaries for village representative elections by the Home Affairs Department ("HAD"), will the Government inform this Council of:
    (a)a detailed breakdown of the estimated expenditure of $9.96 million budgeted for the above work in the current financial year, and whether the staff cost in terms of the time spent by HAD's existing staff on such work is included in the budget;

    (b)the definition of multi-storey buildings which are to be excluded from the boundaries of village constituencies, and the basis of such a decision; and

    (c)the respective numbers of objections and complaints received so far regarding the delineation of village constituency boundaries in the current financial year, and the progress in handling such objections and complaints?
Public Officer to reply:Secretary for the Civil Service
(in the absence of Secretary for Home Affairs)

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

Regarding "head-bashing" robberies, will the Government inform this Council:
    (a)of the number of head-bashing robberies reported to the Police and the number of such cases in which the suspects were arrested, in each of the past 12 months, together with a breakdown by district;

    (b)whether the information revealed in the reply to (a) above shows an upward trend in such crimes, and whether they occurred more frequently late at night or at early morning hours;

    (c)of the measures to step up efforts to combat such crimes, and whether it will deploy more police officers to patrol certain areas; and

    (d)whether it will review the relevant penalties?
Public Officer to reply : Secretary for Security

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

It has been reported that the Housing Department ("HD") recently discarded several dozen cartons of unused mosaic tiles in Tai Wo Estate, Tai Po, as signs of "ageing" had been found in these mosaic tiles. These tiles were surplus construction materials handed over to HD by the contractor of the estate for future maintenance of the exterior walls of housing blocks. In this connection, will the Government inform this Council:
    (a)of the extent of "ageing" of such mosaic tiles, and whether they are unusable for interior decoration;

    (b)how long mosaic tiles can normally be kept before becoming unusable; and

    (c)how surplus construction materials handed over by contractors are disposed of by HD?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

The Code for Principal Officials under the Accountability System ("the Code") provides that "there is no obligation on principal officials ("POs") who travel on duty to claim flight awards from airlines. However, if and when such awards are claimed and credited to a PO's mileage account, the PO should report the awards to his bureau/department to facilitate planning for possible use of the awards for subsequent duty travel. For flight awards earned from government passages, the first call on the use of such awards shall be for subsequent duty travel." In this connection, will the Executive Authorities inform this Council:
    (a)of the reasons why POs who travel on duty have no obligation to claim flight awards from airlines; whether it has assessed if this is a waste of public money;

    (b)of the respective departure and arrival dates, destinations and air fares in respect of each duty travel of each PO since the implementation of the accountability system on 1 July; whether the POs have reported to the Administration the mileage earned on each duty travel and the flight awards received as a result; and

    (c)whether or not the POs, in accordance with the provision of the Code, used the flight awards previously earned from government passages when they travelled on duty; if not, of the reasons for that?
Public Officer to reply : Secretary for Constitutional Affairs

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

Depressive illness has been determined by the World Health Organization as the leading cause of disability, and roughly 25% of women in the world can expect to develop such illness at some point during their lifetime. In this connection, will the Government inform this Council:
    (a)of the respective numbers of persons who were diagnosed as having developed depressive illness in each of the past three years, together with a breakdown by the following: gender, age and how their illness was identified;

    (b)of the estimated number of persons in Hong Kong who are suffering from depressive illness but have not yet been diagnosed as such;

    (c)of the services specially provided for women who are suffering from depressive illness and for preventing such illness among women;

    (d)whether it will consider conducting a survey on the situation of depressive illness among the public, especially among women, covering such areas as the number of patients, the problems it brings to the patients, and the implications on the medical services and economy in Hong Kong, and exploring ways for prevention and treatment; and

    (e)whether it plans to take measures to enhance the public's knowledge of and ability to identify depressive illness as well as their acceptance of such patients, to strengthen the basic health and support services, and to enable patients to receive treatment at the earliest opportunity?
Public Officer to reply : Secretary for Health, Welfare and Food

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

In reply to a question I raised at the Legislative Council meeting held on 13 November this year, the Secretary for Home Affairs stated that to facilitate the promotion of sports and recreational pursuits, the Administration had, as at that date, granted 66 land leases at nominal premium to sports associations and non-profit making bodies for developing sports and recreational facilities for the benefit of the community at large. In this connection, will the Government inform this Council:
    (a)whether it knows the amounts of membership fees and monthly charges levied by the relevant associations and bodies on their members, and whether such associations and bodies have imposed any other membership requirements on top of the fees charged; if so, of the details;

    (b)when the current terms of the 66 land leases will expire; and

    (c)when the relevant associations and bodies apply for land lease renewal at nominal premium upon the expiry of the current leases, whether the Administration will take the general public's eligibility for joining as members and using their facilities as one of the considerations in determining the approval or otherwise of the applications; if it will not, how it can ensure that the relevant government land will not be used by only a small number of people?
Public Officer to reply:Secretary for the Civil Service
(in the absence of Secretary for Home Affairs)

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

As there is a lack of comprehensive transport arrangements for some tourist attractions in Hong Kong, visitors have to change public transport several times to visit these spots, which wastes their time and money. In this connection, will the Government inform this Council whether it:
    (a)has considered improving the transport arrangements for travelling to and from the tourist attractions so as to attract more residents and tourists to them; if it has, of the details; if not, the reasons for that;

    (b)has assessed if the current expenses required for travelling to and from tourist attractions are reasonable; if the outcome of the assessment is in the negative, of its plans to lower them; and

    (c)will enhance the service of sight-seeing buses (such as issuing more licences for operators and increasing the number of routes and frequency) to improve the transport arrangements for travelling to and from tourist attractions; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that the Shenzhen authorities will provide 10 additional berths exclusively for containers in the next few years. In this connection, will the Government inform this Council whether:
    (a)it has assessed the impact of the above plan on the operation of the Kwai Chung Container Terminal in Hong Kong; if so, of the outcome; and

    (b)it plans to attract private investors to participate in the construction of new container terminals which operate at lower costs and provide better quality of service, in order to strengthen the competitiveness of the local freight industry; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Economic Development and Labour

*For written reply.

III. Bills

First Reading

Stamp Duty (Amendment) Bill 2002

Second Reading (Debate to be adjourned)

Stamp Duty (Amendment) Bill 2002 : Secretary for Financial Services and the Treasury

IV. Members' Motions
  1. The 70% ceiling for residential mortgage loans
    Hon James TIEN:
    2. (Translation)

    That, as the Government has introduced measures to stabilize the property market, secondary residential property prices have fallen by about 62% from their peak in 1997 and the public's ability in making property loan repayments has increased by about 73% in the same period, thereby considerably reducing the risk of defaults on mortgage loan, this Council asks the Government to adopt measures to assist needy mortgage applicants in securing more conveniently and speedily loans in excess of 70% of the value of their properties, including improving the conditions and procedures for vetting and approving applications under the mortgage insurance scheme or relaxing the guideline for banks on the 70% ceiling for residential mortgage loans, with a view to boosting property transactions, stabilizing the property market, easing deflation and reviving the economy.

    Amendment to Hon James TIEN's motion
    Hon Albert HO:     (Translation)

    To delete "thereby considerably reducing the risk of defaults on mortgage loan," after "the public's ability in making property loan repayments has increased by about 73% in the same period,"; to delete "assist needy mortgage applicants in securing more conveniently and speedily loans in excess of 70% of the value of their properties, including improving" and substitute with "improve"; and to delete "or relaxing the guideline for banks on the 70% ceiling for residential mortgage loans" and substitute with "and examine the possibility of lowering the mortgage insurance premium, in order to assist needy mortgage applicants in securing more conveniently and speedily loans in excess of 70% of the value of their properties".

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

  2. Enacting laws to implement Article 23 of the Basic Law
    Hon James TO:
    3. (Translation)

    That this Council considers that enacting laws according to the proposals in the "Consultation Document on Proposals to implement Article 23 of the Basic Law" will reduce the rights and freedoms enjoyed by the people of Hong Kong and damage the rule of law and "One Country, Two Systems".

    Amendment to Hon James TO's motion
    Hon Mrs Sophie LEUNG     (Translation)

    To delete "this Council considers that enacting" after "That" and substitute with ", as the Government will proceed with the work for enacting"; to delete "the proposals in the 'Consultation Document on Proposals to implement" after "laws according to"; to delete "' will reduce" after "Article 23 of the Basic Law" and substitute with ", this Council urges the Government, in drafting the relevant bill, to fully ensure that"; to add "will not be undermined" after "the rights and freedoms enjoyed by the people of Hong Kong"; to delete "damage" before "the rule of law and 'One Country, Two Systems'"; and to add "will not be damaged" after "the rule of law and 'One Country, Two Systems'".

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