A 03/04-30

Legislative Council

Agenda

Wednesday 2 June 2004 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
1.Probation of Offenders (Approved Institution) (Consolidation) (Amendment) Order 2004100/2004
2.Deposit Protection Scheme Ordinance (7 of 2004) (Commencement) Notice 2004101/2004
3.Fixed Penalty (Criminal Proceedings) (Amendment) Regulation 2004103/2004
4.Declaration of Change of Titles (Civil Engineering Department, Territory Development Department, Director of Civil Engineering and Director of Territory Development) Notice 2004104/2004
5.Legal Tender Notes Issue Ordinance (Amendment of Schedule) Notice 2004105/2004


Other Papers

1.No.89-Audited Statement of Accounts of the Director of Social Welfare Incorporated together with the Director of Audit's Report for the year ended 31 March 2003
(to be presented by Secretary for Health, Welfare and Food)

2.Special Report of the Select Committee to inquire into the handling of the Severe Acute Respiratory Syndrome outbreak by the Government and the Hospital Authority ── Unauthorized Disclosure of Information
(to be presented by Dr Hon LAW Chi-kwong, Chairman of the Select Committee)


II. Questions

1. Hon James TO to ask: (Translation)

On the 6th of May this year, the Financial Services and the Treasury Bureau issued guidelines to require that, when procuring services that involve the employment of a large number of unskilled workers, government departments and trading funds should ensure that the remunerations offered to these workers by contractors are not lower than at the market rates. Regarding the extension of such measure to public bodies and public corporations, as classified by the Home Affairs Bureau, will the Government inform this Council whether:
    (a)it knows the number and the total value of service contracts that involved the employment of a large number of unskilled workers awarded by each public body and public corporation in each of the past three years, and the total numbers of unskilled workers involved;

    (b)it knows the remuneration currently offered to unskilled workers by service contractors of these institutions, and how it compares to that of similar posts in the market; and

    (c)it will propose to public bodies and public corporations that they should follow the Government's practice of stipulating in service contracts that service contractors shall offer unskilled workers remuneration not lower than at the market rates?
Public Officers to reply: Secretary for Financial Services and the Treasury
Secretary for Economic Development and Labour

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

As early as 1998, the Administration reserved a site at Tai Ho, Lantau for the construction of the North Lantau Hospital and forecast that the project would be completed in 2007. However, the project has not yet been implemented. Regarding the provision of medical services to people on Lantau, will the Government inform this Council:
    (a)of the reasons for not yet implementing the North Lantau Hospital construction project, together with a detailed list of the relevant work performed in the past six years by the government departments concerned, as well as the latest estimated project completion date;

    (b)of the respective projected numbers of residents and transient population on Lantau (including tourists and outsiders working there) as well as their sum at the end of each of the next five years; and

    (c)whether it will provide 24-hour emergency medical services on Lantau to cope with the demand before the commissioning of the said Hospital; if so, of the time when such services will start; if not, the reasons for that?
Public Officer to reply : Secretary for Health, Welfare and Food

3. Hon Martin LEE to ask: (Translation)

Will the Government inform this Council:
    (a)of the number of claims for compensation received so far in respect of the Central Reclamation Phase III ("CRIII"), as well as the nature and amount of each claim, and the percentage of the amount in relation to the value of the contract concerned;

    (b)whether it will undertake not to allow the redevelopment or conversion of the buildings on the existing waterfront into high-rise buildings upon completion of the reclamation project and construction of the new waterfront; if so, of the details of the undertaking; if not, the reasons for that; and

    (c)whether it will consider holding an open competition in respect of the design of the above new waterfront and appointing private sector organisations to manage the new reclamation area; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

It has been reported that a real estate developer has submitted to the Chief Executive's Office ("CE's Office") a development proposal for Sham Chung, which has subsequently been forwarded to the Tourism Commission for action. The Commission has sought and received the views of the Environment, Transport and Works Bureau, the Home Affairs Bureau, the Lands Department and the Planning Department on the proposal. In this connection, will the Government inform this Council:
    (a)of the views of the above bureaux and government departments, and the details of the follow-up actions taken by the Commission;

    (b)whether it will consider including Sham Chung in the outline zoning plan, or designating the area as a site of special scientific interest or a conservation area; if so, of the details of its consideration; if not, the justifications for that; and

    (c)of the number of proposals submitted by real estate developers to the CE's Office in the past three years, together with the details of such proposals, including the developers involved, the locations, sizes and intended land uses of the sites concerned, the responsible government departments and the reasons for submitting such proposals to the CE's Office?
Public Officer to reply : Secretary for the Environment, Transport and Works

5. Hon Albert HO to ask: (Translation)

Regarding the appointments of members of the Equal Opportunities Commission ("EOC"), will the Government inform this Council:
    (a)since the authorities have stipulated that the term of office of non-official members of advisory or statutory bodies should not be more than six years and each person should not serve as a member on more than six boards or committees, of the incumbent EOC members who have been appointed for more than six years and those who are serving on more than six boards or committees, and the justifications for the Government's deviation from the above stipulation in appointing them;

    (b)whether it has assessed the impact of last month's appointments of EOC members on the reputation of EOC; if it has, of the assessment results; if not, the reasons for that; and

    (c)whether it has any plans to appoint persons belonging to the ethnic minorities as EOC members, to tie in with the policy against racial discrimination?
Public Officer to reply : Secretary for Home Affairs

6. Hon Audrey EU to ask:

It was reported that the Home Affairs Bureau indicated in May this year that it would postpone the publication of the consultation paper on the legislative proposals for the racial discrimination law. In this connection, will the Government inform this Council:
    (a)of the specific reasons for postponing the publication of the above consultation paper; and

    (b)when it will publish the consultation paper and introduce the relevant bill into the Legislative Council?
Public Officer to reply : Secretary for Home Affairs

*7. Dr Hon David LI to ask:

Will the Government inform this Council:
    (a)of the total number of smart identity cards that have been issued since the commencement of the Hong Kong Smart Identity Card Replacement Exercise and, among them, the number of those provided with an e-Cert digital certificate which is free for the first year;

    (b)of the total costs to the Post Office for providing such free offer, including those for account administration and renewal promotion; and

    (c)whether the Administration has any means of tracking the usage rate of the e-Cert; if so, of the rate to date; and the expected renewal rate for the e-Cert after expiry of the free offer?
Public Officer to reply : Secretary for Commerce, Industry and Technology

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

Section 37 of the Road Traffic (Construction and Maintenance of Vehicles) Regulations prohibits any person from installing any visual display unit which enables the display of television programmes or stored visual images at any point of a motor vehicle visible to the driver whilst in the driving seat. In this connection, will the Government inform this Council of the following in the past two years:
    (a)the annual numbers of traffic accidents which occurred while the drivers concerned were watching television programmes or stored visual images shown on such equipment;

    (b)the annual numbers of vehicle owners prosecuted for breaching the above stipulation; and

    (c)whether it has publicized the above stipulation among vehicle owners; if so, of the details of the publicity work; if not, whether it will consider launching such a publicity campaign?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

It is reported that recently the steel gate at the entrance to the lobby of Tin Yee House in Tin Ping Estate, Sheung Shui suddenly collapsed and injured a female resident. Although a member of the relevant District Council had already informed the Housing Department ("HD") in 2000 that defects were found in the design of the hinges of the steel gate at the entrance to the blocks in that housing estate, HD did not follow up the issue when the flats of that housing estate were sold under the Tenants Purchase Scheme in 2002. Moreover, after the occurrence of a number of incidents relating to the steel gates at the entrances to the blocks of various public housing estates last year, HD said that it would examine the steel gates in all public housing estates in Hong Kong. In this connection, will the Government inform this Council:
    (a)why HD had not followed up the issue;

    (b)whether it had examined the steel gates at the entrances to the blocks of that housing estate before the above steel gate incident in Tin Ping Estate; and

    (c)whether the steel gate in the incident mentioned in (b) had been installed before or after the sale of the flats of the housing estate concerned by HD; if it had been installed before the sale, of the party responsible for its repair and maintenance?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

It is reported that the Business Operating Environment ("BOE") Index for local small and medium-sized enterprises recently published by the Hong Kong Productivity Council reveals a drop in the BOE Index for the services industry. Moreover, most of the enterprises in the services industry are pessimistic about their business prospects. In this connection, will the Government inform this Council:
    (a)whether it knows the reasons for the drop in the above index; and

    (b)of the short-term and long-term measures to restore the confidence of the services industry in the economic outlook?
Public Officer to reply : Secretary for Commerce, Industry and Technology

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

In his 2003 Policy Address, the Chief Executive stated that in the course of cutting spending, the Government "will make full use of this opportunity to reduce the size of government, re-defining its responsibilities, ...... re-prioritise the provision of public services and give full play to market forces." In this connection, will the Government inform this Council:
    (a)of the specific efforts it has made so far to re-define its responsibilities and re-prioritise the provision of public services, as well as the results achieved; and

    (b)whether it has comprehensively assessed the types of public services which can be provided by the market and the arrangements to be made in respect of such services to give full play to market forces; if it has, of the assessment results as well as the details and the timetable of the relevant arrangements; if not, the reasons for that?
Public Officer to reply : Financial Secretary

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

It is reported that recently a hotel allegedly failed to provide accommodation for more than ten travel agents as scheduled after receiving their deposits. The travel agents concerned suffered losses as a result, and jointly reported the alleged fraud to the police. In this connection, will the Government inform this Council:
    (a)whether it knows the number of existing hotels in Hong Kong which are not members of the Hong Kong Hotels Association or the Federation of Hong Kong Hotel Owners;

    (b)how it will monitor the hotels mentioned in (a) in order to avoid a similar occurrence and protect the interests of travel agents and consumers; and

    (c)whether it will consider requiring all hotels to be registered with corporations with credibility before operation, and to provide proof of financial soundness before the issuance or renewal of their licence; if it will, of the details of the requirement; if not, the reasons for that?
Public Officer to reply : Secretary for Economic Development and Labour

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

I have received complaint from a member of the public alleging that the Immigration Department ("ImmD") failed to treat all applicants fairly in the recruitment exercise for Immigration Assistants conducted last year. In this connection, will the Government inform this Council whether:
    (a)in screening applicants for further consideration, ImmD had imposed on some applicants additional requirements which were not listed in the recruitment advertisement (such as working experience of three years or more for applicants whose educational qualifications were below university level); if it had, of the additional requirements imposed and whether it has assessed the fairness of such practice;

    (b)ImmD has laid down guidelines to deal with cases in which most applicants possess educational qualifications higher than the minimum requirements; if it has, of the details of the guidelines;

    (c)ImmD has implemented measures to ensure recruitment is conducted in a fair, open and just manner; and

    (d)in the light of changes in the labour market in recent years, ImmD has reviewed the entry requirements for all ranks; if it has, of the results of the review; if not, the reasons for that?
Public Officer to reply : Secretary for Security

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

Regarding the demand and supply of niches for placing the ashes of the deceased, will the Government inform this Council:
    (a)of the number of applications received by the Food and Environmental Hygiene Department ("FEHD") for placing the ashes of the deceased in the niches of columbariums managed by FEHD in each of the past three years, the average waiting time of each application and the fees involved;

    (b)whether the demand and supply of public niches are reviewed regularly; if so, of the time and result of the last review; if not, the reasons for that; and

    (c)of the current legislation and measures for regulating the operation of columbariums in private premises?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Regarding the interpretation by the Standing Committee of the National People's Congress ("NPCSC") of Article 7 of Annex I and Article III of Annex II to the Basic Law and its decision on issues relating to the methods for selecting the Chief Executive ("CE") in the year 2007 and for forming the Legislative Council ("LegCo") in the year 2008, will the Government inform this Council:
    (a)when CE was aware of the above interpretation and decision and their contents, and when he read the texts of the relevant interpretation and decision;

    (b)whether CE had communicated with the officials of the Central Authorities before submitting the report to NPCSC on whether there is a need to amend the above two methods; if so, of the names and ranks of the officials involved and the contents of the communications; and

    (c)whether CE had urged the Central Government or the NPCSC not to interpret the provisions of the Basic Law too readily, and not to rule out at this stage the selection of CE in the year 2007 and the election of all LegCo Members in the year 2008 by universal suffrage without fully seeking the views of the people of Hong Kong on constitutional reform beforehand?
Public Officer to reply : Secretary for Constitutional Affairs

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

Will the Government inform this Council of:
    (a)the respective numbers of staff of the Radiographic Technician or Radiographer grades employed by the Department of Health and the Hospital Authority ("HA") as at the end of each of the past six years, with a breakdown of the figures by their ranks;

    (b)the numbers of new and known patients serviced by HA Radiographers in each of the past six years, and the average waiting time of patients; and

    (c)the number of staff of the above two grades permitted to retire early under the two rounds of Voluntary Retirement Scheme and the Voluntary Early Retirement Scheme implemented by the Government and HA respectively, and whether recruitment will be held by the authorities concerned to fill the vacancies?
Public Officer to reply : Secretary for Health, Welfare and Food

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

I have recently received a number of complaints alleging that in recent years, some Mainland people stole the local fishermen's boats and engaged in other criminal activities at places near the South Lantau coast after entering the Hong Kong waters illegally by boat. In this connection, will the Government inform this Council:
    (a)of the total number of crimes in South Lantau reported to the authorities over the past three years which were allegedly committed by illegal immigrants, together with a breakdown by categories of crimes;

    (b)of the current respective lengths of time normally required for the Police to arrive at the scene by sea and on land after receiving crime reports from South Lantau residents; and

    (c)whether it has measures and sufficient Police manpower to curb the crimes committed by illegal immigrants in South Lantau?
Public Officer to reply : Secretary for Security

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

It has been reported that in the Hong Kong Housing Authority ("HA") Customer Service Centre at Lok Fu, only the Public Rental Housing Applications Section on the second floor is still in operation, while most of the other three floors have been left vacant. In this connection, will the Government inform this Council whether it knows:
    (a)the total vacant areas and the gross yearly rental value of such areas on the basis of market rent;

    (b)the duration of and the reasons for the vacancy; and

    (c)the ways HA will resolve the above vacancy problem?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

It has been reported that the Administration plans to redevelop the Prince of Wales Hospital ("PWH"), which was commissioned in 1984. In this connection, will the Executive Authorities inform this Council:
    (a)of the designed lifespan of the PWH;

    (b)of the reasons for the Administration's plan to redevelop the PWH, and whether they relate to the design of the building, the construction materials used or the workmanship; if so, of the details concerned; and

    (c)as regards whether to proceed with the options of redeveloping the PWH or of renovating it, whether the relevant authorities have compared the pros and cons of these two options in terms of the capital and recurrent expenditure involved, cost effectiveness, environmental impact, duration of the project, as well as the implications on patients and the teaching activities of the Medicine Faculty of the Chinese University of Hong Kong; if so, of the detailed comparison results; if not, whether they will make such a comparison before implementing the redevelopment plan, and consult the Legislative Council, relevant district councils and members of the public on the redevelopment plan?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Regarding the ridership of West Rail and East Rail, will the Government inform this Council:
    (a)of the reasons for the current lower-than-expected ridership for West Rail;

    (b)of the percentage of cross-boundary passenger trips taken with East Rail in the total number of such trips by public transport in each of the past three years; and

    (c)whether it knows the measures the Kowloon-Canton Railway Corporation will take to increase the ridership for West Rail and East Rail?
Public Officer to reply : Secretary for the Environment, Transport and Works

*For written reply.

III. Motions
  1. Proposed resolution under the Mutual Legal Assistance in Criminal Matters Ordinance

    Secretary for Security to move the following motion:
    2.

    RESOLVED that the Mutual Legal Assistance in Criminal Matters (Ukraine) Order, made by the Chief Executive in Council on 9 December 2003, be approved.

    (The Mutual Legal Assistance in Criminal Matters (Ukraine) Order has been issued on 27 December 2003 under LC Paper No. CB(3) 273/03-04)

  2. Proposed resolution under the Mutual Legal Assistance in Criminal Matters Ordinance

    Secretary for Security to move the following motion:
    3.

    RESOLVED that the Mutual Legal Assistance in Criminal Matters (Singapore) Order, made by the Chief Executive in Council on 9 December 2003, be approved.

    (The Mutual Legal Assistance in Criminal Matters (Singapore) Order has been issued on 27 December 2003 under LC Paper No. CB(3) 273/03-04)
IV. Members' Motions
  1. Urging the Government to defend freedom of the press and freedom of speech

    Hon Albert CHAN:
    2.  (Translation)

    That, as hosts of personal-view programmes have recently successively told the media that they are under pressure, and individual hosts have even taken themselves off the air, this Council expresses grave concern about this and is worried that freedom of the press and freedom of speech in Hong Kong are at stake; this Council urges the Government to take measures to defend such freedoms.

    Amendment to Hon Albert CHAN's motion
    Hon LAU Kong-wah:     (Translation)

    To delete "this Council expresses grave concern about this and is" after "individual hosts have even taken themselves off the air," and substitute with "and some members of the public are"; to delete ";" after "at stake" and substitute with ","; to add "expresses grave concern about this and" after "this Council"; to add "expeditiously find out the truth of these incidents and" after "urges the Government to"; and to add "to keep ensuring that members of the media are free from threats of violence, so as" after "take measures".

    Amendments to Hon LAU Kong-wah's amendment

    (i)Hon Andrew CHENG: (Translation)

    To delete "some members of" after "off the air, and"; to add "at large" after "the public"; to delete "keep ensuring" after "take measures to" and substitute with "ensure"; to add "and their families" after "members of the media"; and to add "harassment and" after "are free from".

    (ii)Hon Tommy CHEUNG: (Translation)

    To add "to smooth out their worries and" after "take measures".
    Public Officers to attend: Secretary for Home Affairs
    Secretary for Security

  2. Safeguarding the rights and benefits of public servants and staff of outsourced government services

    Hon LEUNG Fu-wah:
    3.  (Translation)

    That, as the largest employer in Hong Kong, the Government of the Special Administrative Region should set an example of a good employer to ensure that all employees of the Government and subvented organizations as well as contract staff of outsourced government services are under reasonable labour protection; to this end, this Council urges the Government to:

    (a)strictly enforce the requirements of the Basic Law concerning protection of the rights and benefits of public servants;

    (b)safeguard the rights and benefits of public servants newly recruited after 1 June 2000 in accordance with the principles of fair and reasonable treatment;

    (c)draw up a reasonable and appropriate public servants establishment;

    (d)enhance the protection for contract staff employed on non-civil service contract terms and staff of subvented organizations in regard to their posts, pay and benefits; and

    (e)strictly monitor government contractors to ensure that they adopt the average wages of similar trades published in the Census and Statistics Department's Quarterly Report of Wages and Payroll Statistics as the standard of minimum allowable wage for non-skilled workers involved in outsourced government services, and fully enforce this requirement.

Amendment to Hon LEUNG Fu-wah's motion
Hon Andrew CHENG: (Translation)

To add "and to extend it to the outsourced services contracts of public organizations and public corporations" after "and fully enforce this requirement".

Public Officers to attend : Secretary for the Civil Service
Secretary for Financial Services and the Treasury
Clerk to the Legislative Council