A 03/04-1
Legislative Council
Agenda
Wednesday 8 October 2003 at 2:30 pm
I. Tabling of Papers| Subsidiary Legislation / Instruments | L.N. No.
|
|---|
| 1. | Road Traffic (Temporary Reduction of New Territories Taxi Fares) Regulation 2003 (Repeal) Regulation | 187/2003
|
| 2. | Road Traffic (Temporary Reduction of New Territories Taxi Fares) (No. 2) Regulation 2003 (Repeal) Regulation | 188/2003
|
| 3. | Legislative Council (Amendment) Ordinance 2003 (25 of 2003) (Commencement) Notice 2003 | 189/2003
|
| 4. | Specification of Public Office | 192/2003
|
| 5. | Practising Certificate (Solicitors) (Amendment) Rules 2003 | 193/2003
|
| 6. | Fire Services (Amendment) Ordinance 2003 (7 of 2003) (Commencement) Notice 2003 | 194/2003
|
| 7. | Betting Duty (Amendment) Ordinance 2003 (29 of 2003) (Commencement) Notice 2003 | 195/2003
|
| 8. | Aerial Ropeways (Operation and Maintenance) (Amendment) Regulation 2003 (L.N. 122 of 2003) (Commencement) Notice 2003 | 196/2003
|
| 9. | Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 2003 | 197/2003
|
| 10. | Declaration of Markets Notice (Amendment) Declaration 2003 | 198/2003
|
| 11. | Rules of the High Court (Amendment) Rules 2003 (Repeal) Rules | 199/2003
|
| 12. | Tax Reserve Certificates (Rate of Interest) (No. 3) Notice 2003 | 200/2003
|
| 13. | Foreign Lawyers Practice (Amendment) Rules 2003 (L.N. 111 of 2003) (Commencement) Notice 2003 | 201/2003
|
| 14. | Import and Export (General) Regulations (Amendment of Seventh Schedule) (No. 6) Notice 2003 | 202/2003
|
| 15. | Tax Reserve Certificates (Rate of Interest) (No. 4) Notice 2003 | 203/2003
|
| 16. | Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 3) Order 2003 | 204/2003
|
| 17. | Statutes of the University of Hong Kong (Amendment)(No. 3) Statute 2003 | 205/2003
|
| 18. | Declaration of Change of Title (The Hong Kong Society of Notaries) Notice 2003 | 206/2003
|
| 19. | Airport Authority Ordinance (Map of Restricted Area) Order (Cap. 483 sub.leg. G) (Commencement) Notice 2003 | 207/2003
|
| 20. | Air Passenger Departure Tax Ordinance (Amendment of Second Schedule) Order 2003 | 208/2003
|
| 21. | Matrimonial Causes (Amendment) Rules 2003 | 209/2003
|
| 22. | Import and Export (General) Regulations (Amendment of Seventh Schedule) (No. 7) Notice 2003 | 210/2003
|
| 23. | Copyright (Amendment) Ordinance 2003 (27 of 2003) (Commencement) Notice 2003 | 211/2003
|
| 24. | Dutiable Commodities (Amendment) Regulation 2003 (L.N. 136 of 2003) (Commencement) Notice 2003 | 212/2003
|
| 25. | Statutes of The Chinese University of Hong Kong (Amendment) (No. 2) Statute 2003
| 213/2003
|
Other Papers
| 1.No.1- | Report by the Trustee of the Customs and Excise Service Children's Education Trust Fund for the year ending 31 March 2003, together with the Director of Audit's Report and the Audited Statement of Accounts
|
(to be presented by Secretary for Security)
|
| 2.No.2- | Summary of the Statement of Accounts of the Customs and Excise Service Welfare Fund, together with the Director of Audit's Report and the Audited Statement of Accounts
|
(to be presented by Secretary for Security)
|
| 3.No.3- | The Legislative Council Commission Annual Report 2002-2003
|
| (to be presented by Chairman of The Legislative Council Commission)
|
II. Questions
1. Hon Howard YOUNG to ask:
The Government set up a $3.5 billion Loan Guarantee Scheme in April as one of the relief measures for four industries, namely, tourism, catering, retail and entertainment, which had been badly hit by the atypical pneumonia epidemic. In this connection, will the Government inform this Council:
| (a) | of the respective numbers of applications received and approved in respect of each industry;
|
| (b) | of the number of borrowers who closed down their business after having secured loans; and
|
| (c) | whether it has assessed the effectiveness of the Scheme; if it has, of the outcome of its assessment?
|
Public Officer to reply
: Secretary for Economic Development and Labour
2. Dr Hon YEUNG Sum to ask: (Translation)
Will the Government inform this Council whether it will conduct public consultation on the review of the political system by the end of this year; if not, when it will commence the consultation exercise and when it plans to announce the outcome of the exercise?
Public Officer to reply
: Secretary for Constitutional Affairs
3. Hon CHOY So-yuk to ask: (Translation)
I have recently received many complaints about the increasing number of on-street prostitutes hanging around Sunbeam Theatre, North Point. In soliciting business from passers-by, these prostitutes have not only caused nuisance to the "kaifong" but have also affected the social atmosphere of the district. I have learnt that the Police conducted a raid operation in August this year, but the situation there recurred soon after the operation. In this connection, will the Government inform this Council whether:
| (a) | more effective actions will be taken to combat the increasingly rampant on-street soliciting activities; if so, of the details; if not, the reasons for that; and
|
| (b) | it is a priority task for the Police to combat on-street soliciting activities; if not, of the priority of the Police's task concerned?
|
Public Officer to reply
: Secretary for Security
4. Ir Dr Hon HO Chung-tai to ask: (Translation)
Will the Government inform this Council:
| (a) | of the total number of fixed penalty notices issued since the fixed penalty for littering was increased to $1,500 on 26 June this year, and the percentage of notices issued to tourists;
|
| (b) | of the aggregate amount of fixed penalties not paid by the tourists served with the said notices before their departure, as at the end of September this year; and
|
| (c) | whether it has received complaints from tourists that the authorities have not promoted awareness of the new penalty for littering; and whether the Government will enhance awareness of the penalty among tourists?
|
Public Officer to reply
: Secretary for Health, Welfare and Food
5. Hon LAU Kong-wah to ask: (Translation)
Regarding the crackdown on illegal workers, will the Government inform this Council of the following in the past 12 months:
| (a) | the number of crackdown operations against illegal workers, the effectiveness of such operations, and the respective numbers of employers and illegal workers convicted;
|
| (b) | the average manpower from the Police and Immigration Department deployed in each crackdown operation against illegal workers, and whether the Government has reviewed the adequacy of the manpower deployed; and
|
| (c) | whether prosecutions have been instituted against those who arranged for Mainland tourists or illegal entrants to work in Hong Kong; if not, of the reasons for that?
|
Public Officer to reply
: Secretary for Security
6. Hon NG Leung-sing to ask: (Translation)
Will the Government inform this Council:
| (a) | of the annual number of accident and emergency service calls the Government Flying Service responded to in the past two years, together with a breakdown by conditions of patients, as well as the number of non-injury cases;
|
| (b) | whether it knows if the Hospital Authority has issued to the health care personnel specific guidelines on the circumstances in which such accident and emergency services may be used; if so, of the details of the guidelines; and
|
| (c) | whether it has assessed if there has been any abuse of the accident and emergency services provided by the Government Flying Service; if the assessment result is in the affirmative, whether the Government has formulated measures to prevent such abuse and, if so, of the details of the measures; if the assessment result is in the negative, the justifications for that?
|
Public Officer to reply
: Secretary for Security
*7. Ir Dr Hon HO Chung-tai to ask: (Translation)
Regarding the issue of air-conditioning in markets/cooked food centres, will the Government inform this Council:
| (a) | of the total number of public markets/cooked food centres without air-conditioning systems in the territory, and apart from seven of these markets/cooked food centres which will be retrofitted with air-conditioning systems, whether there are plans to retrofit air-conditioning systems for the remaining markets/cooked food centres; if so, of the details;
|
| (b) | as lessees of stalls in 19 public markets/cooked food centres have been consulted on the retrofitting of air-conditioning projects, whether stall lessees of other public markets/cooked food centres without air-conditioning systems had been consulted on the retrofitting works, or made requests for such works in the past three years; if so, of the percentage of lessees supporting the retrofitting works and agreeing to pay the recurrent air-conditioning charges among all stall lessees in the markets/cooked food centres concerned; and
|
| (c) | if the percentage mentioned in item (b) above falls short of the 85% required by the authorities, of the authorities' measures, broken down by market/cooked food centre, to address the issue of air-conditioning in the markets/cooked food centres concerned?
|
Public Officer to reply
: Secretary for Health, Welfare and Food
*8. Hon LEUNG Yiu-chung to ask: (Translation)
Regarding the cessation of the production and sale of Home Ownership Scheme ("HOS") flats, will the Government inform this Council:
| (a) | whether there are any HOS sites that are left unattended after construction works have commenced due to the authorities' decision to cease the production of HOS flats; if so, of the number of sites involved and the remedies to be made by the authorities;
|
| (b) | whether due to the change in HOS policy, the authorities have failed to fulfil their contractual obligation of providing the lists of eligible HOS applicants to developers of the Private Sector Participation Scheme within 20 months after consent notices for pre-sale of uncompleted flats and Letters of Satisfaction have been granted; if so, of the respective numbers of such cases and the flats involved and, among them, the respective numbers of those cases brought to the court by the developers and the flats involved; and
|
| (c) | whether the authorities have assessed the aforesaid situations before deciding to cease the production and sale of HOS flats; if so, of the assessment results; if not, the reasons for that?
|
Public Officer to reply
: Secretary for Housing, Planning and Lands
*9. Hon SIN Chung-kai to ask: (Translation)
Will the Government inform this Council:
| (a) | of the total number of projects approved under "Head 710 - Computerisation" of the Capital Works Reserve Fund since the financial year 1999-2000 to the present; and the respective numbers of projects commenced in each financial year; and
|
| (b) | among the projects approved under the above Head, of those which have been completed, which are yet to commence, which have been completed ahead of schedule and which are behind schedule, and the reasons for their lagging behind schedule?
|
Public Officer to reply
: Secretary for Commerce, Industry and Technology
*10. Dr Hon LAW Chi-kwong to ask: (Translation)
The World Health Organization ("WHO") has advised that vaccination is the primary means to prevent influenza and recommended that governments should provide such vaccinations for the elderly and other high risk groups. In this connection, will the Government inform this Council:
| (a) | of the number of elderly persons (i.e. those aged 60 or above) who were given influenza vaccinations by the Department of Health last year, and its percentage in the elderly population; whether it will provide influenza vaccination for all elderly persons and other high risk groups as recommended by WHO; if so, of the costs required; if not, the reasons for that;
|
| (b) | whether it has statistics on the amount of public health care expenditure incurred in treating influenza and its complications and the number of deaths caused by such diseases each year and assessed, on the basis of these figures, the cost-effectiveness of providing vaccinations for all elderly persons and other high risk groups; if so, of the assessment results; and
|
| (c) | whether it knows the percentage in the total population of those persons who have received influenza vaccination this year; whether it has formulated specific guidelines and programmes to be implemented by public and private medical institutions, for increasing the vaccination coverage and taking measures to ensure an adequate supply of vaccine?
|
Public Officer to reply
: Secretary for Health, Welfare and Food
*11. Hon James TO to ask: (Translation)
According to the current Kowloon Southern Link ("KSL") project of the Kowloon-Canton Railway ("KCR"), there will be four stations along the rail line, starting at Nam Cheong Station in Sham Shui Po, running through West Kowloon Station in Jordan and Canton Road Station in Tsim Sha Tsui, and terminating at East Tsim Sha Tsui Station. The distance between Nam Cheong Station and West Kowloon Station, which covers the stretch of Mong Kok West, is longer when compared to those between other stations. That stretch now mainly accommodates four residential estates, namely Charming Garden, Park Avenue, Central Park and Hoi Fu Court, and is very densely populated, but transportation from there to Tsim Sha Tsui has always been inadequate. In this connection, will the Government inform this Council:
| (a) | although the KCR Corporation has indicated that the piece of vacant land adjacent to Hong Kong Management Association David Li Kwok Po College at Hoi Ting Road in Mong Kok West has been reserved for the construction of a community centre, it is not suitable for constructing a KSL station, whether the Government will ask the KCR Corporation to consider constructing the station on the vacant land with the community centre on top of it; and
|
| (b) | whether the KCR Corporation has conducted a feasibility study on construction of a station beneath the above vacant land; if it has, of the findings; if it has not, the reasons for that?
|
Public Officer to reply
: Secretary for the Environment, Transport and Works
*12. Hon Albert CHAN to ask: (Translation)
In reply to my question on 3 July last year, the Administration indicated that it had implemented a series of measures to effectively reduce the impact of aircraft noise on residents. However, I learn that during the period between 11 pm in the evening and 7 am in the following morning, aircraft noise is causing nuisance to residents living in many of the newly completed housing estates, including the Caribbean Coast, the Seaview Crescent and Park Island, thus making it difficult for residents to fall asleep. In this connection, will the Government inform this Council of:
| (a) | the number of flights with aircraft noise levels which exceeded 75 decibels during the above hours, as recorded at the Caribbean Coast, the Seaview Crescent and Park Island in the past 15 months, and their take-off and landing times; and
|
| (b) | the measures the Administration will take to minimise the nuisance caused by aircraft noise to residents living in the above estates, including measures such as plans to prohibit aircraft from using the eastern runways at the airport for taking-off and landing and using the north-eastern flight path during the said hours?
|
Public Officer to reply
: Secretary for Economic Development and Labour
*13. Hon Emily LAU to ask: (Translation)
It has been reported that the Administration procured by tender 13 000 rounds of 1.5-inch CS cartridge after the great march on 1 July this year. Such cartridge, coupled with the 9 400 new style riot helmets procured by tender before that, represented the largest quantity of anti-riot gear procured since Hong Kong's reunification. In this connection, will the Executive Authorities inform this Council:
| (a) | of the reasons for replacing the existing stock of anti-riot gear;
|
| (b) | whether the march on 1 July was one of the reasons for the Administration's decision to procure a large quantity of anti-riot gear; if so, of the details of its considerations;
|
| (c) | how the newly procured riot helmets differ from the existing stock in terms of functions;
|
| (d) | whether the newly procured CS cartridge is more powerful than that of the existing stock; if so, whether the guidelines on the use of anti-riot gear will be tightened up; if such guidelines will not be tightened up, of the reasons for that;
|
| (e) | of the circumstances under which the newly procured anti-riot gear will be used; and
|
| (f) | of the amount of public expenditure incurred in such procurement?
|
Public Officer to reply
: Secretary for Security
*14. Hon Henry WU to ask: (Translation)
Will the Government inform this Council:
| (a) | of the follow-up action to be taken and the procedures and time normally required by various departments concerned upon the lifting of the entry/exit restriction on a particular person; and the number of cases in which such follow-up procedures took longer time in the past three years and the respective reasons for that;
|
| (b) | whether it has received, in the past three years, any complaints about the Immigration Department's failure to update the information in its boundary control point computer systems, which affected or caused delays to the departure or entry of persons whose entry/exit restrictions had been lifted; if so, of the number of such complaints and the causes of such situations; whether it compensates those persons who suffer pecuniary loss because of such delays; if so, of the details; if not, the reasons for that; and
|
| (c) | whether it plans to review the follow-up procedures mentioned in item (a) above; if it has, of the details and time frame of the plans concerned; if not, the reasons for that?
|
Public Officer to reply
: Secretary for Security
*15. Hon Andrew CHENG to ask: (Translation)
Regarding betting on football matches conducted by the licensed football betting conductor, will the Government inform this Council:
| (a) | of the total amount of football bets received by the conductor since it started to accept such bets;
|
| (b) | of the total amount of provisional payments the conductor has paid to the Government so far;
|
| (c) | whether the conductor has placed hedging bets with authorized overseas bookmakers since it started to accept football bets; if so, of the amount of hedging bets placed on each occasion;
|
| (d) | of the respective numbers of operations carried out by the Police against illegal football betting activities between August and September in 2002 and the corresponding period in 2003;
|
| (e) | of the total number of persons who have received treatment for pathological gambling behaviour since the conductor started to accept football bets; and
|
| (f) | whether it will consider discussing with the conductor the possibility of allocating additional resources and setting up more counselling centres to help pathological gamblers in Hong Kong?
|
Public Officer to reply
: Secretary for Home Affairs
*16. Hon YEUNG Yiu-chung to ask: (Translation)
Although a large number of surplus teachers and fresh graduates of the Hong Kong Institute of Education ("HKIEd") have indicated that it is difficult to secure a teaching post, I have received complaints that some schools have employed untrained university graduates as "permitted teachers" in the current school year. In this regard, will the Government inform this Council:
| (a) | whether there are any "permitted teachers" among the new teachers in the current school year; if so, of the details and the follow-up measures taken by the authorities;
|
| (b) | of the number of teaching vacancies available for application in Hong Kong in the current school year; the number of surplus teachers who have yet to secure a teaching post at present, and the employment situation of the fresh graduates of HKIEd; and
|
| (c) | how long has the over-supply of teachers existed; the supply and demand of teachers during that period, broken down by school year; and the measures taken by the authorities to prevent the recurrence of a surplus of teachers?
|
Public Officer to reply
: Secretary for Education and Manpower
*17. Hon Howard YOUNG to ask:
In view of the extensive power breakdowns in New York and London this summer, will the Government inform this Council whether:
| (a) | it has assessed or will assess the probability of such an occurrence in Hong Kong;
|
| (b) | it has reviewed, in collaboration with the two electricity companies, the reliability of Hong Kong's electricity supply systems, in order to ensure that there are adequate safeguards against blackouts and that emergency measures have been formulated to minimize economic losses arising from blackouts; and
|
| (c) | there are adequate backup power generators installed in public hospitals, the airport, the railway and tram systems to sustain normal operations during a blackout?
|
Public Officer to reply
: Secretary for Economic Development and Labour
*18. Hon LEUNG Yiu-chung to ask: (Translation)
Will the Government inform this Council of:
| (a) | the current number of Mainlanders serving sentences in Hong Kong and, among them, the number of those who were sentenced for offences under the Immigration Ordinance, broken down by gender, offence committed and term of imprisonment;
|
| (b) | the current average daily cost of detaining a Mainlander in Hong Kong; and
|
| (c) | the progress of the discussion between the Administration and the Mainland authorities concerned on the arrangement for the repatriation of Mainland prisoners to serve their sentences in their places of origin?
|
Public Officer to reply
: Secretary for Security
*19. Hon Albert CHAN to ask: (Translation)
At present, many mortgage agreements in respect of "negative-equity residential properties" were signed before the Asian financial turmoil. The mortgage rates were set at the best lending rate ("BLR") plus 1% or 2% in many of these agreements. Given that the mortgage rates of most new loans in recent years have been set at rates lower than "BLR minus 2%", owners of properties with the previous mortgage agreements have asked the mortgagee banks to reduce the mortgage rate. However, banks often require the owners to first repay an amount equivalent to the shortfall of the negative-equity, before they will consider reducing the mortgage rates. As many owners are unable to pay the amount, they have to continue to repay the loan instalments at the high rates originally agreed upon. In this connection, will the Government inform this Council of:
| (a) | the annual number of "repossessed flats" on sale in the market in the past three years;
|
| (b) | the measures the Government has in place to help "negative-equity property" owners in relieving the burden on mortgage interests and restructuring their debts;
|
| (c) | the number, in each of the past three years, of "negative-equity property" owners who had mortgage rates reduced by their mortgagee banks, and the magnitude of the reduction; and
|
| (d) | the current number of residential mortgage agreements the mortgage rates of which are still above BLR?
|
Public Officer to reply
: Secretary for Financial Services and the Treasury
*20. Hon Henry WU to ask: (Translation)
According to the Securities and Futures Ordinance (Cap. 571), which commenced operation on April 1 this year, intermediaries who were already registered before the commencement of the Ordinance may, within the two-year transitional period, continue to carry on the regulated activities allowed by their registrations, and apply for a new licence issued under the Ordinance. In this connection, will the Government:
| (a) | inform this Council whether it knows the current number of courses on intermediary qualifying examinations which are recognized by the Securities and Futures Commission;
|
| (b) | set out in table form the organizing institution, fees, contact hours, commencement date and timetable of each of these courses, and the appropriate qualifying examinations to be taken after completing these courses;
|
| (c) | set out in table form the respective organizing institutions, fees, examination dates and time, examination structure and format, as well as the entry requirements, of the various intermediary qualifying examinations;
|
| (d) | compare the fees for the above courses and licence application with those in the Mainland; and
|
| (e) | compare the fees for various courses, examinations and licence application with those prior to the commencement of the Ordinance?
|
Public Officer to reply
: Secretary for Financial Services and the Treasury
*For written reply.
IIA. Statements
Legislative Programme 2003/04
: Chief Secretary for Administration
III. Bills
Second Reading (Debate to resume), Committee Stage and Third Reading | Supplementary Appropriation (2002-2003) Bill | : | Secretary for Financial Services and the Treasury
|
IV. Motions
Proposed resolution under the Air Passenger Departure Tax Ordinance
Secretary for Financial Services and the Treasury to move the following motion:
RESOLVED that with effect from the day immediately following the expiry of 3 months from the date on which this Resolution is passed the First Schedule to the Air Passenger Departure Tax Ordinance be amended in item 1 by repealing "$80" and substituting "$120".
V. Members' Motions
- Calling on the Chief Executive Mr TUNG Chee-hwa to step down
Hon Emily LAU: (Translation)
That, as there has been retrogression in human rights, the rule of law and economic development in Hong Kong and democratization of the political system has remained stagnant under the administration of the Chief Executive Mr TUNG Chee-hwa, prompting the public to make repeated demands for him to step down, this Council calls on Mr TUNG to take the responsibility and resign in accordance with the wishes of the people.
| Public Officers to attend | : |
Chief Secretary for Administration
Financial Secretary
Secretary for Justice
Secretary for Housing, Planning and Lands
Secretary for Education and Manpower
Secretary for Health, Welfare and Food
Secretary for the Civil Service
Secretary for Home Affairs
Secretary for Economic Development and Labour
Secretary for the Environment, Transport and Works
Secretary for Financial Services and the Treasury
Secretary for Constitutional Affairs
Secretary for Security
Secretary for Commerce, Industry and Technology
|
- Facing up to the transport needs of people with disabilities
Hon LEUNG Yiu-chung: (Translation)
That this Council expresses strong dissatisfaction with the failure of the government departments concerned to face up to the transport needs of people with disabilities and give full effect to the relevant motion passed by this Council in the 2002-03 session, and demands the Administration to act immediately to press various public transport operators to offer half-fare concessions to people with disabilities and to improve their facilities so as to reduce the barriers to them, as well as to expeditiously improve the Rehabus service.
Public Officer to attend: Secretary for the Environment, Transport and Works
Clerk to the Legislative Council
