A 03/04-22

Legislative Council

Agenda
Wednesday 17 March 2004 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Patents (General) (Amendment) Rules 200437/2004
2.Registered Designs (Amendment) Rules 200438/2004
3.Trade Marks (Amendment) Rules 200439/2004
4.Intellectual Property (Miscellaneous Amendments) Ordinance 2001 (2 of 2001) (Commencement) Notice 200440/2004
5.Mutual Legal Assistance in Criminal Matters (Philippines) Order (Cap. 525 sub. leg. K) (Commencement) Notice 2004

41/2004
Other Papers

1.No.71-Hong Kong Tourism Board 2002/2003 Annual Report
(to be presented by Secretary for Economic Development and Labour)

2.No.72-Audited Financial Statements and Report on Activities of the Hong Kong Examinations and Assessment Authority for the year ending 31 August 2003
(to be presented by Secretary for Education and Manpower)

II. Questions for Written Replies

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

Will the Government inform this Council:
    (a)of the number of cases reported to the authorities regarding unlawful acts committed by using the camera functions of mobile phones in the past year, whether there is an upward trend for such unlawful acts, and whether the authorities have instituted prosecutions in such cases; if prosecutions have been instituted, of the offences involved and the prosecution results;

    (b)whether there are express provisions prohibiting users of the Leisure and Cultural Services Department's venues, in which changing rooms are provided, from bringing their mobile phones with built-in camera functions into these changing rooms; if so, how such provisions are implemented; if not, the reasons for that; and

    (c)whether the authorities have any plans to monitor the use of the camera functions of mobile phones through legislation or other measures, so as to safeguard privacy and prevent unruly elements from engaging in unlawful activities using such functions?
Public Officer to reply : Secretary for Home Affairs

2. Hon TAM Yiu-chung to ask: (Translation)

I have learnt that, at a meeting with the Owners' Committee of Discovery Park in Tsuen Wan, the Secretary for the Environment, Transport and Works undertook to re-consider the provision of noise enclosures for one of the road sections (i.e. the exit point at Mei Wan Street) of Route 5 Extension passing through Discovery Park, and review the effect of falling objects on road safety. In this connection, will the Government inform this Council:
    (a)whether it has decided to provide noise enclosures for the above road section in order to mitigate the traffic noise; if it has decided to do so, of the timetable and other relevant details of the works; if it has decided otherwise or not yet decided, the reasons for that; and

    (b)of the measures to prevent falling objects from endangering users of the road section concerned, and the amount of expenditure on these measures?
Public Officer to reply : Secretary for the Environment, Transport and Works

3. Hon MA Fung-kwok to ask: (Translation)

Regarding the promotion of and education on the Basic Law, will the Government inform this Council:
    (a)of the amount of public money spent on the promotion and publicity of the Basic Law in each of the past six years; whether certain provisions of the Basic Law have been selected as the focal points in such promotional activities; if so, of the provisions selected;

    (b)whether it has assessed changes in the understanding of the Basic Law among civil servants, employees of subvented organizations and members of the public respectively over the past six years; if it has, of the assessment results; if not, the reasons for that; and

    (c)whether, in conducting consultations on policies involving provisions in the Basic Law, it has assessed the level of understanding of the relevant provisions among members of the public, and whether it has taken corresponding measures to ensure that they understand the contents of the provisions when discussing these policies?
Public Officer to reply : Secretary for Constitutional Affairs

4. Hon Audrey EU to ask: (Translation)

In the 2004 Policy Agenda, the Environment, Transport and Works Bureau proposed to adopt a Public-Private-Partnership ("PPP") approach in the delivery of large scale public works projects. In this connection, will the Government inform this Council:
    (a)of the criteria for determining the types of public works projects to be delivered by way of the PPP approach;

    (b)of the public works projects which will be delivered by way of the PPP approach in the next three years; and

    (c)given that Article 73(3) of the Basic Law stipulates that the Legislative Council shall exercise the powers and functions to approve public expenditure, how it will ensure that the delivery of public works projects by way of the PPP approach will not contravene the spirit of that provision?
Public Officers to reply : Secretary for the Environment, Transport and Works
Secretary for Financial Services and the Treasury

5. Dr Hon LO Wing-lok to ask: (Translation)

It has been reported that the Hospital Authority ("HA") has decided to re-create two director posts responsible for internal/external communications and human resources respectively. In this connection, will the Government inform this Council whether it knows:
    (a)the respective specific responsibilities and the total annual expenditure on the salaries, benefits and performance incentive awards of each of these posts;

    (b)how the establishment of the above posts will enhance the quality of service of public hospitals; and

    (c)if HA will conduct a value-for-money assessment on the above posts; if it will, of the assessment criteria to be adopted?
Public Officer to reply : Secretary for Health, Welfare and Food

6. Hon CHAN Kam-lam to ask: (Translation)

In view of the recent spate of robberies on public light buses and taxis late at night, will the Government inform this Council of:
    (a)the number of reports to the Police on the above cases in the past three years; and

    (b)the concrete measures and plans to curb such crimes?
Public Officer to reply : Secretary for Security

*7. Hon Martin LEE to ask: (Translation)

Will the Government inform this Council of the respective numbers of prosecutions instituted in the past five years by government departments by invoking the relevant provisions of the Air Pollution Control Ordinance, Water Pollution Control Ordinance, Noise Control Ordinance, Waste Disposal Ordinance, Dumping at Sea Ordinance, Environmental Impact Assessment Ordinance, Marine Parks Ordinance and Town Planning Ordinance, the outcome of such prosecutions and the penalties imposed by the court on the convicted? Public Officer to reply : Secretary for the Environment, Transport and Works

*8. Hon Ambrose LAU to ask: (Translation)

It is noted that the airport authorities of Singapore and Guangzhou are actively striving for more air passenger/cargo business, thereby challenging Hong Kong's position as an aviation hub in the Asia Pacific Region. In this regard, will the Government inform this Council:
    (a)of the criteria and procedures adopted by the authorities in vetting and approving applications from overseas airlines for introducing new air services and increasing flight frequencies; the respective numbers of these two types of applications rejected in the past three years and the reasons for rejection, and whether, as a result of the rejection, any overseas airline has excluded Hong Kong from its aviation network; and

    (b)whether it knows the Hong Kong Airport Authority's plans for securing the sustained growth of its air passenger/cargo business and maintaining Hong Kong's position as an aviation hub in the Asia Pacific Region?
Public Officer to reply : Secretary for Economic Development and Labour

*9. Hon Abraham SHEK to ask: (Translation)

I have learnt that the Government plans to construct a temporary heliport at the Golden Bauhinia Square in Wanchai for use by the Government Flying Service. In this connection, will the Government inform this Council:
    (a)of the reasons for constructing a heliport at that location, the estimated construction cost and average number of helicopter flights per day;

    (b)why the heliport is to be used exclusively by the Government Flying Service, and whether it plans to open up the heliport for commercial helicopter flights; and

    (c)whether it has plans to construct a permanent heliport in the vicinity of that location or at another location; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Economic Development and Labour

*10. Hon Howard YOUNG to ask: (Translation)

I have recently received complaints from the public that many vehicles often park on the only vehicular access roads to some housing estates in Repulse Bay and obstruct the access of fire engines or ambulances, and that the surfaces of some of these roads are rugged. They have complained to the departments concerned, but have been told that the authorities cannot offer assistance because these roads are on private land (i.e. private roads). In this connection, will the Government inform this Council:
    (a)of the respective numbers of complaints received by the relevant departments over the past three years about the obstruction of private roads by vehicles and the unrepaired surfaces of private roads;

    (b)how existing legislation regulates the problem of emergency vehicles' access to private roads being blocked by vehicles parked on such roads; and

    (c)whether the departments concerned have advised the relevant owners to carry out repairs on rugged private roads; if they have, of the respective numbers of cases of compliance and non-compliance with the advice by the relevant owners over the past three years; the reasons for non-compliance and how such cases were followed up; if they have not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

Regarding slab-paved pavements, will the Government inform this Council of:
    (a)the total area of slab-paved pavements at present, as well as its percentage in the overall area of pavements in the territory; and

    (b)the frequency of inspections on such pavements conducted by staff of the Highways Department?
Public Officer to reply : Secretary for the Environment, Transport and Works

*12. Hon Henry WU to ask: (Translation)

Will the Government inform this Council, among the persons subject to the enforcement actions taken by the Securities and Futures Commission in the past three years, of the respective numbers of intermediaries and non-intermediaries not prosecuted by the authorities, those against whom prosecutions were successfully instituted or disciplinary actions taken by the authorities; as well as the violation involved in each of these actions? Public Officer to reply : Secretary for Financial Services and the Treasury

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

Will the Government inform this Council:
    (a)of the number of cases received by the Police over the past three years from the public complaining that someone took photos of or peeped at them clandestinely with intent in public places, broken down by months and districts in which such cases occurred, and the number of persons convicted for carrying out such illegal activities, as well as the sentences imposed on them;

    (b)of the means generally used by those who are involved in clandestine photo-taking or peeping with intent; and

    (c)whether it has reviewed if the Police's general practice in preventing and handling such cases and the relevant anti-crime publicity are effective and timely; if it has, of the review results?
Public Officer to reply : Secretary for Security

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

It has been reported that crimes involving information technology ("IT"), particularly those relating to online games, rose substantially in the past year. In this connection, will the Government inform this Council:
    (a)of the number of people arrested for crimes involving IT over the past 18 months and, among them, the number of youngsters who were aged 18 or below;

    (b)whether it has formulated measures or guidelines to strengthen the security level of online games, such as requiring that game systems meet specific security standards or be subject to regular security audits; and

    (c)whether it has formulated measures to strengthen the promotion of "Cyber Ethics" and awareness of information security, so as to educate children and youngsters on the correct attitude and conduct to adopt when using IT, and enhance the level of the public's security awareness in handling day-to-day computer information; if it has, of the details of such measures?
Public Officer to reply : Secretary for Commerce, Industry and Technology

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

The Codes of Practice on the Design and Construction of Lifts and Escalators ("CoP") issued by the Electrical and Mechanical Services Department require that deflector devices (such as brush bristles) be placed between the steps and skirt guards on both sides of escalators to reduce the possibility of trapping the feet or clothing of users. However, escalators installed before 18 March 1994, the date on which the CoP came into effect, are not subject to the requirement. As I have recently received many complaints about injuries arising from the use of escalators without the above devices, will the Government inform this Council:
    (a)of the number of injuries involving the use of escalators in each of the past three years and the respective numbers of such injuries involving escalators installed before the CoP came into effect;

    (b)of the number of escalators which had been installed before the CoP came into effect, and the number of them that are currently fitted with deflector devices; and

    (c)whether it will strengthen the regulation on the construction of escalators and standardize the safety specifications for escalators installed in different periods; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works(in the absence of Secretary for Housing, Planning and Lands)

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

It has been reported that the pedestrian subway at Kowloon Park Drive is underutilized as a result of ambiguous and inadequate directional signs. In this connection, will the Government inform this Council:
    (a)of the number of directional signs provided for the pedestrian subway;

    (b)of the respective numbers of complaints about ambiguous directional signs and requests for more directional signs from the public since the opening of the subway; and

    (c)whether it has assessed if the above directional signs are ambiguous; if the assessment results indicate that they are, the improvement measures in place?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that since the implementation in July last year of the Individual Visit Scheme for individual Mainland residents to come to visit Hong Kong, the number of thefts committed by Mainlanders in Hong Kong has shown an upward trend. The Police plans to set up an anti-theft squad in the Kowloon West Region specially tasked with combating gang thefts or new forms of stealing activities. In this connection, will the Government inform this Council:
    (a)how the number of thefts in various districts in the first six months since the implementation of the Individual Visit Scheme compares with that of the previous six months;

    (b)of the number of Mainlanders holding individual visit endorsements arrested for alleged thefts so far;

    (c)of the details of the Police's plan to set up the anti-theft squad; and (d) whether the Police has redeployed its manpower to cope with these crimes?
Public Officer to reply : Secretary for Security

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

Both the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission ("the Code") and the Management, Supervision and Internal Control Guidelines for Persons Licensed by or Registered with the Securities and Futures Commission ("the Guidelines"), published by the Securities and Futures Commission ("SFC"), provide for the avoidance and disclosure of conflicts of interests by intermediaries and their representatives when carrying on the regulated activities. In this connection, will the Executive Authorities inform this Council whether they know:
    (a)the current number of intermediaries who have complied with the Guidelines' requirement of segregating the research function from the sales, dealing and corporate finance functions in their firms, and their percentage in the total number of intermediaries;

    (b)the measures adopted by SFC to ensure that intermediaries and their representatives strictly comply with the relevant requirements of the Code and the Guidelines;

    (c)the number of cases in the past three years in which SFC took disciplinary actions against intermediaries and their representatives for suspected breaches of the requirements of the Code and the Guidelines and, among such cases, the number of those in which the persons were penalized by civil sanctions or convicted for having engaged in "market misconduct" under the Securities and Futures Ordinance; and (d) the details, including the implementation timetable and the resources required, of SFC's plan to step up investor education with the objective of enhancing investors' awareness of the conflict-of-interest issues relating to securities analysts?
Public Officer to reply : Secretary for Financial Services and the Treasury

*19. Hon TAM Yiu-chung to ask: (Translation)

MTR Corporation Limited ("MTRCL") introduced last year a 10% Introductory Fare Discount concession plan for passengers using any type of the Octopus Card on Mass Transit Railway ("MTR") trains to and from Nam Cheong Station and Mei Foo Station between mid-December last year and the end of March this year. In this connection, will the Government inform this Council whether it knows:
    (a)the respective average daily numbers of passengers who have enjoyed the above discount since the opening of the West Rail, and the total amount of the discount involved; and

    (b)if MTRCL will make the above concession plan a long-term practice and give further concessions so as to alleviate the burden of travelling expenses on passengers and attract more West Rail passengers to change to take MTR trains at these two stations; 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 Henry WU to ask: (Translation)

Will the Government inform this Council of the total number of press releases on enforcement actions issued by the Securities and Futures Commission in each of the past three years, and provide a breakdown of the violation involved in each of the actions set out in these press releases, the legislation or rules breached, the dates when the violations were committed and the disciplinary actions taken, and the dates of issuing the press releases? Public Officer to reply : Secretary for Financial Services and the Treasury

*For written reply.

III. Bills

First Reading
Criminal Procedure (Amendment) Bill 2004

Second Reading (Debate to be adjourned)
Criminal Procedure (Amendment) Bill 2004 : Secretary for Security

IV. Motions
  1. Proposed resolution under the Legal Aid Ordinance

    Chief Secretary for Administration to move the following motion:
    2.

    RESOLVED -

    (a)that the Legal Aid Ordinance (Cap. 91) be amended -

    (i)in section 5(1), by repealing "$169,700" and substituting "$155,800";

    (ii)in section 5A(b) -

    (A)by repealing "$169,700" and substituting "$155,800";

    (B)by repealing "$471,600" and substituting "$432,900"; and

    (b)that this Resolution shall come into operation on a day to be appointed by the Director of Administration by notice published in the Gazette.

  2. Proposed resolution under the Public Finance Ordinance


    3. Secretary for Financial Services and the Treasury to move the motion in Appendix I.

  3. Proposed resolution under the Security and Guarding Services Ordinance

    Secretary for Security to move the following motion:


    4. That the notice, as annexed to this Motion, which specifies the revised criteria that a person must satisfy before the Commissioner of Police may, under the Security and Guarding Services Ordinance, issue to him a permit to do security work, be approved.

    (The annex to the Motion is in Appendix II)

IV. Members' Motions
  1. Respecting and complying with the principles prescribed in the Basic Law

    Hon James TO:
    2.  (Translation)

    That this Council urges the Task Force on Constitutional Development to consult, in a pragmatic manner, the public on concrete proposals of constitutional reform, to avoid unnecessary arguments, causing social polarisation and instability; and to express to the Central Government that the principles prescribed in the Basic Law shall be respected and complied with in implementing constitutional reform.

    Amendment to Hon James TO's motion
    Hon TAM Yiu-chung:     (Translation)

    To delete "consult," after "Task Force on Constitutional Development to" and substitute with "expeditiously clarify,"; to add "with the Central Government the principles and procedure relating to constitutional development, and promote rational discussions among various sectors of the community; and to establish positive and interactive discussions with the Central Government, with a view to formulating, on the basis of respecting and strictly complying with the principles prescribed in the Basic Law, a constitutional development proposal that fully implements the concept of 'One Country, Two Systems' whereby Hong Kong people rule Hong Kong with a high degree of autonomy, so as to develop a democratic and stable situation in Hong Kong and avoid" after "in a pragmatic manner,"; to delete "the public on concrete proposals of constitutional reform, to avoid unnecessary arguments," before "causing social polarisation"; and to delete "; and to express to the Central Government that the principles prescribed in the Basic Law shall be respected and complied with in implementing constitutional reform" after "and instability".

    Public Officers to attend: Chief Secretary for Administration
    Secretary for Constitutional Affairs

  2. Corporate social and environmental responsibility

    Hon CHOY So-yuk:
    3.  (Translation)

    That, in order to enhance Hong Kong's international image and its position as a financial centre and achieve sustainable development, this Council urges the Government to expeditiously develop a partnership relationship with the business sector, public organizations and voluntary agencies, etc, and to discuss with them to jointly formulate effective ways to implement the concept of corporate social and environmental responsibility; at the same time, the Government should direct the public sector to take the lead in implementing the relevant actions and, through extensive education and publicity, raise the public's awareness of corporate social and environmental responsibility as well as give impetus to the corporations concerned to shoulder their responsibility.

    Public Officer to attend : Chief Secretary for Administration

Clerk to the Legislative Council