A 03/04-5

Legislative Council

Agenda

Wednesday 29 October 2003 at 2:30 pm

I.Tabling of Papers
Subsidiary Legislation / InstrumentsL.N. No.
1.Food Adulteration (Artificial Sweeteners) (Amendment) Regulation 2003225/2003
2.Food and Drugs (Composition and Labelling) (Amendment) Regulation 2003226/2003
3.Chinese Medicine Ordinance (Cap. 549) (Commencement) (No. 2) Notice 2003227/2003
4.Chinese Medicine (Fees) Regulation (Cap. 549 sub. leg. E) (Commencement) (No. 2) Notice 2003228/2003
5.Chinese Medicines Regulation (Cap. 549 sub. leg. F) (Commencement) (No. 2) Notice 2003229/2003
6.Harmful Substances in Food (Amendment) Regulation 2001 (L.N. 148 of 2001) (Commencement) Notice 2003230/2003
7.Public Health (Animals and Birds) (Chemical Residues) Regulation (Cap. 139 sub. leg. N) (Commencement) Notice 2003231/2003
8.Prevention of Child Pornography Ordinance (31 of 2003) (Commencement) Notice 2003232/2003
9.Trade Descriptions (Country of Origin) (Watches) (Amendment) Order 2003233/2003
10.Trade Descriptions (Place of Manufacture) (Piece-Knitted Garments) Notice

234/2003

Other Papers

1. No.14-Audited Statement of Accounts and Auditors' Report for the Fish Marketing Organization for the year ended 31 March 2003
(to be presented by Secretary for Health, Welfare and Food)

2. No.15-Audited Statement of Accounts and Auditors' Report for the Vegetable Marketing Organization for the year ended 31 March 2003
(to be presented by Secretary for Health, Welfare and Food)

3. No.16-Marine Fish Scholarship Fund Trustee's Report and Audited Statement of Accounts and Auditors' Report for the Fund for the year ended 31 March 2003
(to be presented by Secretary for Health, Welfare and Food)

4. No.17-Agricultural Products Scholarship Fund Trustee's Report and Audited Statement of Accounts and Auditors' Report for the Fund for the year ended 31 March 2003
(to be presented by Secretary for Health, Welfare and Food)

5. No.18-The Government Minute in response to the Fifteenth Annual Report of the Ombudsman issued in June 2003
(to be presented by Chief Secretary for Administration, who will address the Council)

6. No.19-Office of the Telecommunications Authority Trading Fund Report 2002/03
(to be presented by Secretary for Commerce, Industry and Technology)


II. Questions

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

The Trade Development Council ("TDC") decided at the end of September this year that it would stage a summer sourcing fair for the toys, gifts and houseware industries, starting from July next year. However, the exhibition period of this fair is very close to that of a similar trade fair conventionally organized by private organizers in October each year. The summer fair has therefore been criticized by the industry as being unnecessary and dealing a blow to the business environment of the private exhibitions industry. In this connection, will the Government inform this Council:
    (a)whether it knows if TDC will reconsider the decision in view of the above criticisms; if TDC will reconsider the decision, of the details; if not, the reasons for that; and

    (b)how the authorities assist private trade fair organizers to play a more active role in promoting the toys, gifts and houseware markets?
Public Officer to reply : Secretary for Commerce, Industry and Technology

2. Hon Michael MAK to ask: (Translation)

It has been reported that a private laboratory was commissioned by a private hospital to conduct Severe Acute Respiratory Syndrome ("SARS") virus tests last month, but the preliminary and final results of the test were inconsistent. In this connection, will the Government inform this Council:
    (a)of the respective numbers of laboratories of public institutions (including those of universities) and those in the private sector that are capable of conducting SARS virus tests at present;

    (b)whether it has issued guidelines to private hospitals and private medical practitioners on the appropriateness of engaging private laboratories to conduct SARS virus tests; if it has, whether such guidelines have been drawn up in accordance with the standards set by the World Health Organization ("WHO"); and

    (c)whether it has issued standardized guidelines to public and private medical institutions specifying how samples should be taken from a patient's body for testing SARS virus and the items to be included in the test; if it has, whether such guidelines have been drawn up in accordance with the standards set by WHO?
Public Officer to reply : Secretary for Health, Welfare and Food

3. Hon LAU Wong-fat to ask: (Translation)

Regarding the arrangements for 24-hour passenger clearance, will the Government inform this Council:
    (a)of the number of cross-border passengers passing through the Lok Ma Chau Control Point each month since the implementation of 24-hour passenger clearance on 27 January this year, and how these figures compare with those in the corresponding period last year;

    (b)of the respective average numbers of passengers arriving and departing via the Control Point each day from midnight to 6:30 am the following morning; and

    (c)whether it plans to implement 24-hour passenger clearance at the control points to be set up at the Shenzhen Western Corridor and the Lok Ma Chau Spur Line Terminal?
Public Officer to reply : Secretary for Security

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

The Central People's Government has decided to apply the United Nations Framework Convention on Climate Change ("UNFCCC") to Hong Kong with effect from 5 May this year and the Kyoto Protocol under UNFCCC will be applicable to Hong Kong when it comes into operation. Both instruments seek to reduce global emissions of greenhouse gas. In this connection, will the Government inform this Council whether it has formulated measures to implement UNFCCC and the Kyoto Protocol; if so, of the relevant details; if not, the reasons for that? Public Officer to reply : Secretary for the Environment, Transport and Works

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

Will the Government inform this Council:
    (a)of the number of cases reported to the Police each month in the past two years alleging that criminals had extorted money from or robbed Hong Kong residents after detaining them in the Mainland, whether most of these alleged crimes took place in the Shenzhen Special Economic Zone, and whether the number of such cases shows an upward trend;

    (b)of the handling procedures followed by the Police upon receipt of a report of such crimes, the circumstances under which they will seek assistance from their Mainland counterparts, and the kind of assistance that the Mainland public security authorities may offer; and

    (c)whether the Police and their Mainland counterparts have jointly examined how to curb such crimes?
Public Officer to reply : Secretary for Security

6. Hon Mrs Selina CHOW to ask: (Translation)

The Government has implemented four funding schemes for small and medium enterprises ("SMEs") since December 2001, namely the SME Business Installations and Equipment Loan Guarantee Scheme, the SME Export Marketing Fund, the SME Training Fund and the SME Development Fund. The authorities have also reviewed the funding schemes and have introduced a number of improvement measures. In this connection, will the Government inform this Council of:
    (a)the number of applications received by the authorities and the amount of grant involved in such applications, under each of the above four funding schemes since their launch, as well as the number of those applications submitted by SMEs in the wholesale and retail trades; and

    (b)the response of SMEs to the above improvement measures?
Public Officer to reply : Secretary for Commerce, Industry and Technology

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

Will the Government inform this Council:
    (a)of the total quantities of illegally imported meat and live pigs seized by the Customs and Excise Department in the past three years, together with a breakdown by the types of meat, as well as the average penalties imposed on those convicted of illegal importation of meat or live pigs;

    (b)of the number of licensees of fresh provision shops (including market stalls) prosecuted for selling illegally imported meat and the sentences imposed on those convicted in the past three years; and

    (c)whether the relevant department(s) will take further measures to intercept the illegal importation of meat and live pigs and prevent the sale of illegally imported meat?
Public Officer to reply : Secretary for Security

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

It has been reported that the Building Committee ("BC") of the Housing Authority endorsed a cost-saving programme in June this year. Under the programme, new public housing ("PH") units will no longer be provided with iron gates; paint instead of tiles will be used for decorating the exterior walls of corridors; and an intelligent energy efficiency system will be adopted for public lighting within the blocks, etc. However, I have learnt that, prior to the endorsement of the said programme, iron gates had already not been provided for the new PH units at Tsz Wan Shan and Tin Shui Wai. In this connection, will the Government inform this Council of:
    (a)details of the measures under the programme which were taken by the Housing Department ("HD") prior to its endorsement by BC, including the names of the estates and number of units involved, the measures taken and the amount of money saved; and

    (b)the rationale of HD for taking the measures mentioned in (a), and the number of complaints lodged by the residents of the affected units?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

It has been reported that the Shanghai Municipal Government and the Civil Aviation Administration of China would jointly set up the Leading Group for the Facilitation of the Development of the Asia Pacific Aviation Hub. The leading group would actively strive for the full liberalization of the fifth freedom traffic rights for passenger and freight services in Shanghai, in order to accelerate Shanghai's development into an Asia Pacific aviation hub. In this connection, will the Government inform this Council whether:
    (a)it has assessed the impact the full liberalization of the fifth freedom traffic rights for passenger and freight services in Shanghai would have on the growth rates of the passenger and freight services of the Hong Kong International Airport; if it has, of the results; if not, the reasons for that; and

    (b)it has considered discussing with the Shanghai Municipal Government the formulation of diversion and collaborative measures between the Hong Kong International Airport and the Shanghai Pudong International Airport; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Economic Development and Labour

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

In July this year, the authorities released the consultant's report on the Technical Feasibility Study on Increasing Interconnection Between the Two Power Companies, which has recommended that the route of the two power companies' new interconnectors should start from Yau Ma Tei Substation, run through the West Kowloon Reclamation, cross the Victoria Harbour under the seabed, and land in the Central-Wan Chai reclamation area. It will then go into the new transformer building and run along Harbour Road to the new Wan Chai Substation. In this connection, will the Government inform this Council:
    (a)of the follow-up actions taken and the progress of the interconnection plan since the release of the above report;

    (b)whether it has assessed how the various possible outcomes of the recent proceedings relating to the Central Reclamation Phase III will impact on the interconnection plan; if it has, of the assessment results, and whether it has drawn up alternative routes for the interconnectors and identified other suitable landing sites for the interconnection cables on Hong Kong Island; and

    (c)whether it has made a final decision on increasing interconnection of power supplies; if it has, of the decision; if not, when such a decision is expected to be made?
Public Officer to reply : Secretary for Economic Development and Labour

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

Will the Government inform this Council of:
    (a)the amount of funding allocated to the Hong Kong Football Association Limited ("HKFA") by the Hong Kong Sports Development Board ("HKSDB") in each of the past five years, and the percentage of such amount in the total funding allocated by HKSDB to various national sports associations each year;

    (b)the existing channels for the authorities to monitor the use of HKSDB's funding by HKFA and the effectiveness of these channels; and

    (c)the specific measures now in place to support and assist in the development of football in Hong Kong, particularly the First Division league matches organized by HKFA and the participating teams, as well as football training for local youths?
Public Officer to reply : Secretary for Home Affairs

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

Regarding the implementation of the harmonisation of pre-primary services from the 2004/05 school year, will the Government inform this Council:
    (a)of the assistance to be rendered to child care bodies ("CCBs") which need to undergo restructuring as a result of the implementation of the harmonisation of pre-primary services, so as to ensure a smooth transition of such bodies;

    (b)as the authorities have indicated that the qualifications of serving and trained child care workers ("CCWs") and kindergarten ("KG") teachers would be recognized by the authorities upon the implementation of the harmonisation of pre-primary services, without the requirement for further qualification assessment or attendance of conversion courses, of the respective numbers of CCWs and KG teachers whose qualifications will and will not be recognized by the authorities; and how the authorities will assist those CCWs and KG teachers whose qualifications are not recognized;

    (c)since the teacher to children ratio for CCBs serving children aged 2 to 3 will be changed from 1:14 to 1:15 to bring it in line with that for CCBs serving children aged 3 to 6, of the estimated number of child care service workers who will consequently lose their jobs, and how the authorities will assist them; and

    (d)whether any operators of CCBs have indicated their decision to cease operating child care services in the light of the implementation of the harmonisation of pre-primary services; if so, of the number of CCBs concerned, whether the overall demand for child care services will be affected, and how the authorities plan to tackle the problems concerned?
Public Officer to reply : Secretary for Health, Welfare and Food

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

I have received a number of complaints against lessees of government land on short-term leases who have not used or managed the land in accordance with the lease conditions, such as abandoning the land for prolonged periods or making unauthorized use of the land. In this connection, will the Government inform this Council of:
    (a)the existing number of short-term leases granted;

    (b) (i)the number of cases in which the lessee surrendered, of his own accord, the leased land to the authorities;

    (ii)the number of cases in which the authorities resumed land on grounds that the lessee had breached the lease conditions; and

    (iii)the respective numbers of warnings issued and prosecutions instituted against lessees who have made unauthorized use of the land

    over the past three years; and

    (c)the number of government staff responsible for monitoring the use of government land by lessees, the number of inspections of the leased land they conduct each year, and the measures in place to ensure that lessees of government land use and manage their land in accordance with the lease conditions?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

In May this year, the Home Affairs Department launched a publicity campaign entitled區區有睇頭，香港樂悠遊to promote the features and attractions in the 18 districts throughout Hong Kong, with a view to attracting local people and tourists to visit the places promoted, and hence boosting the local community economy. However, I have noted that the information on the website specially set up for the campaign ("the dedicated website") is available only in simplified and traditional Chinese but not in English, and the Announcements of Public Interest ("APIs") for the campaign are produced in Cantonese only, with no Putonghua and English versions. In this connection, will the Executive Authorities inform this Council:
    (a)of the reasons for not making the information available also in English on the dedicated website and not producing Putonghua and English versions of the APIs;

    (b)whether they will consider making the information available also in English on the dedicated website and producing the Putonghua and English versions of the APIs; if so, when the relevant webpages and APIs will be available; if not, of the reasons for that; and

    (c)whether the Hong Kong Tourism Board will be invited to publish information about the campaign on its website or provide a hyperlink to connect to the dedicated website, and whether information leaflets for the campaign will be printed in various languages for distribution to tourists; if so, of the time frame for such work; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

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

Regarding the outsourcing of the medical examination service for disciplined services officers, will the Government inform this Council of:
    (a)the disciplined forces using the outsourced service at present;

    (b)the amount of savings achieved from the outsourcing of such service in the past year; and

    (c)the number of complaints lodged against the outsourced service from disciplined services officers in the past year, and the officers' overall evaluation of the service?
Public Officer to reply : Secretary for the Civil Service

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

I have learnt that the marine polluting waste collected by the Tsing Yi Chemical Waste Treatment Centre ("TYCWTC"), if treated with the oil-water separation process and mixed with other oil products, can produce recycled fuel oil. Moreover, the Government requires that recycled fuel oil should be used only as fuel for ocean-going vessels and not for any use on land. The authorities also require that all activities relating to the supply of recycled fuel oil to ocean-going vessels should only take place in Hong Kong. In this connection, will the Government inform this Council:
    (a)of the respective quantities of the marine polluting waste collected by TYCWTC and the recycled fuel oil produced therefrom in each of the past three years;

    (b)as marine polluting waste can produce recycled fuel oil by applying the above treatment process, of the reasons for incinerating such waste in the past;

    (c)of the types and mixing ratios of the oil products added;

    (d)of the reasons for not promoting extensively the fact that ocean-going vessels may benefit from the use of recycled fuel oil;

    (e)whether it knows if the recycled fuel oil has any impact on the power system of ocean-going vessels; and

    (f)how it ensures that recycled fuel oil will be used as fuel for ocean-going vessels only and will not be shipped out of Hong Kong and used for purposes which are not in accordance with the requirements laid down by the Hong Kong authorities?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

Two tram drivers felt unwell and collapsed on the 29th of last month and the first of this month respectively while performing driving duty. In this connection, will the Government inform this Council whether:
    (a)it knows the details of these two incidents;

    (b)it knows if the Hong Kong Tramways Limited has recently introduced new arrangements in respect of the working hours for tram drivers; if so, whether it has assessed if the collapse of the two drivers was due to fatigue caused by the new arrangements; and

    (c)it has discussed with the company ways to avoid the recurrence of similar incidents, so as to safeguard passengers and other road users; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

I have received complaints alleging that a person holding a Green Card issued by the United States ("US") Government participating in the 2000 Legislative Council ("LegCo") Election might have contravened section 37 of the Legislative Council Ordinance (Cap. 542), which stipulates that at a LegCo election, except for elections regarding the 12 specified functional constituencies (the same exception applies below), a candidate must have "no right of abode in any country other than the People's Republic of China". For this matter, I have made several enquiries with the Department of Justice ("D of J"), asking whether holding a Green Card issued by the United States is equivalent to having the right of abode in a foreign country, thereby rendering the holder ineligible for candidature in LegCo elections. However, the Secretary for Justice has refused to answer my enquiry on grounds that giving legal advice to individuals is not a major function of the Department. In this connection, will the Government:
    (a)inform this Council of the reasons other than that given above for the D of J to refuse to answer my enquiry about whether holding a US Green Card is equivalent to having the right of abode in a foreign country, thereby rendering the holder ineligible for candidature in LegCo elections; and

    (b)state unequivocally whether US Green Card holders are defined as persons with the right of abode in a foreign country and whether they are eligible to take part in LegCo elections?
Public Officer to reply : Secretary for Constitutional Affairs

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

At the end of last month, two students from the same secondary school were successively confirmed to have contracted open tuberculosis ("TB"), which is highly infectious. In this connection, will the Executive Authorities inform this Council:
    (a)whether they have taken measures promptly to enhance efforts to prevent the spread and outbreak of TB in the community; if so, of the details of such measures; if not, the reasons for that;

    (b)whether health education programmes on strengthening the prevention of TB will be launched in schools, homes for the elderly and other communities; if so, of the details;

    (c)of the measures in place to cope with the outbreak of TB in the community; and

    (d)whether they have conducted researches on TB and updated the information on the TB germ regularly; if so, whether the information obtained has indicated mutation of the TB germ into a new strain?
Public Officer to reply : Secretary for Health, Welfare and Food

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

The HKSAR Government has reached an agreement with the Central People's Government on the implementation details of "Mainland and Hong Kong Closer Economic Partnership Arrangement" ("CEPA"). In this connection, will the Government inform this Council:
    (a)regarding trading of goods, of the sectors whose manufacturers are expected to be attracted by CEPA to conduct their manufacturing in Hong Kong, with a breakdown by sectors of the posts to be created by such manufacturers;

    (b)regarding trading of services, of the number of overseas organisations expected to be attracted by CEPA to set up companies in Hong Kong, as well as the number of posts to be created accordingly;

    (c)whether it has formulated measures to encourage and help Hong Kong businessmen to develop the domestic market of the Mainland; if so, of the details; if not, the reasons for that; and

    (d)of the measures to expedite the work of assessing the eligibility of enterprises under the definition of "Hong Kong service suppliers"?
Public Officer to reply : Secretary for Commerce, Industry and Technology

*For written reply.

III. Bills

Second Reading (Debate to resume), Committee Stage and Third Reading

Import and Export (Facilitation) Bill 2003 : Secretary for Commerce, Industry and Technology

IV. Motions

  1. Proposed resolution under the District Court Ordinance

    Chief Secretary for Administration to move the following motion:


    2. RESOLVED that, with effect from 1 December 2003, the District Court Ordinance (Cap. 336) be amended in the provisions specified below by repealing "$600,000" wherever it appears and substituting "$1,000,000" -

    (a)section 32(1) and (3);

    (b)section 33(1)(b);

    (c)section 37(2)(i), (ii) and (iv); and

    (d)section 52(1)(a) and (d).

  • Proposed resolution under the Mutual Legal Assistance in Criminal Matters Ordinance

    Secretary for Security to move the following motion:


    • RESOLVED that the Mutual Legal Assistance in Criminal Matters (Netherlands) Order, made by the Chief Executive in Council on 7 October 2003, be approved.

      (The Mutual Legal Assistance in Criminal Matters (Netherlands) Order has been issued on 13 October 2003 under LC Paper No. CB(3) 58/03-04)

    V. Members' Motions

    1. Appointment of a select committee

      Dr Hon LAW Chi-kwong to move the following motion:


      2. That this Council appoints a select committee to inquire into the handling of the Severe Acute Respiratory Syndrome outbreak by the Government and the Hospital Authority in order to examine the performance and accountability of the Government and the Hospital Authority and their officers at policy-making and management levels in that regard; and that in the performance of its duties the committee be authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of that Ordinance.

      Public Officer to attend : Secretary for Health, Welfare and Food

    2. Reducing gas, electricity and water charges

      Hon TAM Yiu-chung:
      3.  (Translation)

      That, as various public transport operators have reduced their fares or offered concessions to passengers, this Council urges the Government to adopt the following measures to further alleviate the burden on the public and the commercial and industrial sectors, and speed up the economic recovery of Hong Kong, thereby promoting employment:

      (a)expeditiously discussing with the gas company and the two power companies and encouraging them to reduce their charges or provide concessions to consumers;

      (b)lowering the permitted rates of return of the two power companies in the interim review on their Schemes of Control; and

      (c)expeditiously consulting with the Government of Guangdong Province on entering into a new agreement on the supply of Dongjiang water and introducing a clause that allows flexibility in the supply of water, and returning to consumers all the savings derived from the purchase of Dongjiang water.

      Amendment to Hon TAM Yiu-chung's motion
      Hon Fred LI:       (Translation)

      To delete "as various" after "That," and substitute with "although individual"; to add "through interchange schemes, not all members of the public have benefited from these concessions; hence" after "public transport operators have reduced their fares or offered concessions to passengers"; to delete "lowering the permitted rates of return" after "(b)" and substitute with "striving to amend the Schemes of Control"; to add ", including the method for calculating their returns," after "of the two power companies"; to delete "on their Schemes of Control" after "in the interim review"; and to add ", as well as exploring other water sources so as to increase the supply of potable water" after "and returning to consumers all the savings derived from the purchase of Dongjiang water".

    Public Officer to attend : Secretary for Economic Development and Labour

  • Expectations for the implementation of policies

    Dr Hon YEUNG Sum:
    •  (Translation)

    That this Council urges the Government to prudently consider the expectations of the Members of this Council for the 2004 Policy Address.

    Public Officer to attend : Chief Secretary for Administration

    Clerk to the Legislative Council