Council Meeting ( Agenda ) 26 November 2003

A 03/04-9

Legislative Council

Agenda

Wednesday 26 November 2003 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Amusement Game Centres (Fees) (Amendment) Regulation 2003	250/2003
2.	Summary Disposal of Complaints (Solicitors) Rules	251/2003
3.	Tung Chung Cable Car Ordinance (20 of 2003) (Commencement) Notice 2003	252/2003

Other Paper

1.	No.25 -	Report on the Administration of the Immigration Service Welfare Fund prepared by the Director of Immigration Incorporated in accordance with Regulation 12(b) of the Immigration Service (Welfare Fund) Regulation
(to be presented by Secretary for Security)
2.	No.26 -	Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 2002-2003
(to be presented by Secretary for Health, Welfare and Food)
3.	No.27 -	Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2003
(to be presented by the President)
4.	No.28 -	Report No. 41 of the Director of Audit on the results of value for money audits - October 2003
(to be presented by the President)
5.	No.29 -	Accounts of the Government for the year ended 31 March 2003
(to be presented by Secretary for Financial Services and the Treasury)
6.	No.30 -	Office of the Privacy Commissioner for Personal Data, Hong Kong Annual Report 2002-2003
(to be presented by Secretary for Home Affairs)
7.	No.31 -	Ocean Park Corporation Annual Report 2002-2003
(to be presented by Hon Henry WU, who will address the Council)
8.	Report of the Bills Committee on Hong Kong Examinations and Assessment Authority (Amendment) Bill 2003
(to be presented by Hon Cyd HO, Chairman of the Bills Committee)

II. Questions

1. Hon LEE Cheuk-yan to ask: (Translation)

Regarding waste disposal, will the Government inform this Council:

(a)	of the progress and effectiveness of the pilot scheme on the separate collection of wet and dry wastes launched by the Administration this year;
(b)	whether it has made a comparison of the various waste disposal methods, such as landfilling, incineration and recovery, in terms of their costs, requisite technologies, numbers and types of jobs that can be created, as well as their impact on sustainable development; if so, of the results of the comparison; and
(c)	of the measures to promote the development of the waste recovery industry, with a view to creating more jobs for the grass roots?

Public Officer to reply : Secretary for the Environment, Transport and Works

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

Regarding the use of public rental housing ("PRH") flats for prostitution, will the Government inform this Council of:

(a)	the number of such cases reported to the authorities in each of the past three years;
(b)	the number of Notices to Quit issued in the past three years to tenants of PRH flats on grounds that their flats were used for prostitution; and
(c)	the measures it will adopt to eradicate the use of PRH flats for prostitution?

Public Officer to reply : Secretary for Housing, Planning and Lands

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

I have learnt that 45 234 Mainlanders came to settle in Hong Kong last year, with an average of only 124 people per day, which is far below the daily quota of 150 One-way Exit Permits ("OEPs"). Moreover, the relevant authorities in the Mainland require that, for those residents in Guangdong Province who may come to Hong Kong this year on OEPs for reunion with their spouses, they must have been separated from their spouses in Hong Kong before 30 June 1996, i.e. they have to be separated for more than six and a half years before their reunion in Hong Kong is permitted. In this connection, will the Government inform this Council:

(a)	of the respective numbers of Certificate of Entitlement ("C of E") issued by the authorities each year between 1998 and 2002 and in the first half of 2003, and the average number of holders of C of E who came to settle in Hong Kong each day;
(b)	whether it has striven to obtain from the Central Government the authority to vet and approve the applications by Mainlanders for settlement in Hong Kong; if it has, of the results; if not, the reasons for that; and
(c)	whether it has considered negotiating with the Central Government an increase of the sub-quota for people from the Mainland coming to Hong Kong for reunion with their spouses among the daily quota of 150 OEPs, so as to shorten the duration of their separation?

Public Officer to reply : Secretary for Security

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

Regarding spending on education, will the Government inform this Council:

(a)	of its education expenditure as a percentage of the Gross Domestic Product in each of the past five years; and
(b)	whether the authorities will reduce the respective fundings for pre-primary education, primary and secondary education, special education, post-secondary education and tertiary education for each of the school years from 2004 to 2008; if so, of the respective rates of and the reasons for the reduction?

Public Officer to reply : Secretary for Education and Manpower

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

Regarding chilled meat, will the Government inform this Council:

(a)	of the total quantities of chilled meat (including poultry) imported into Hong Kong in the past three years, together with a breakdown by the type and source of meat;
(b)	of the number of licensees of fresh provision shops (including market stalls) prosecuted for not storing chilled meat for sale in a chiller and the sentences imposed on those convicted in the past three years; and
(c)	whether, apart from inspections of fresh meat shops, the relevant departments will take other measures to stop shop owners from misleading consumers into taking chilled meat for fresh meat by not storing the former in a chiller?

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

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

Will the Government inform this Council of the following in respect of the financial year 2002-03:

(a)	the name and contract period of each infrastructure project for which contract has been awarded by the authorities, as well as whether the project concerned is Category A, B or C project;
(b)	except for the contracts for the infrastructure projects contained in the quarterly reports on the contracts awarded by the authorities on major capital works projects, the price of each contract for the infrastructure projects mentioned in (a) above and the total contract prices; and
(c)	the names and total estimated expenditure of the infrastructure projects that were shelved?

Public Officer to reply : Secretary for the Environment, Transport and Works

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

Regarding the red-yellow-green alert system introduced in all public hospitals throughout the territory by the Hospital Authority (HA) since September this year, will the Government inform this Council whether:

(a)	it knows if any individual hospital clusters have decided not to operate the above alert system; if so, whether HA knew and agreed to the decision beforehand;
(b)	it knows if various clusters have, since the introduction of the alert system, acted differently as regards when a particular alert colour should be raised;
(c)	it knows if HA has modified or abandoned the alert system in the light of its actual implementation in various hospitals; if so, of the details; and
(d)	the Health, Welfare and Food Bureau has discussed or followed up the implementation of the alert system with HA; if so, of the details?

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

*8. Hon Bernard CHAN to ask: (Translation)

It has been reported that the recent appearance of a crocodile at Yuen Long has aroused public concern about people secretly keeping and then abandoning ferocious pets. In this connection, will the Government inform this Council whether there is legislation to regulate and guard against the import and keeping of ferocious pets by the public or shops; if so, of the details, and whether the authorities have issued warnings to or instituted prosecutions against members of the public or shops for importing and keeping ferocious pets; if there is no legislation, whether the authorities will consider enacting such legislation? Public Officer to reply : Secretary for Health, Welfare and Food

*9. Hon LI Fung-ying to ask: (Translation)

To ensure that the Protection of Wages on Insolvency Fund will not be abused, the Government has adopted a series of initiatives, including the formation of an inter-departmental task force to proactively investigate allegations of fraud, illegal practice, theft and conspiracy by employers. In this connection, will the Government inform this Council:

(a)	of the number of reported cases received each year by the authorities about suspected abuse of the above Fund since the establishment of the inter-departmental task force and in the three years before the establishment, broken down by trade and number of employers involved;
(b)	of the number of convictions among the cases mentioned in (a) above and the amounts of fines imposed; and
(c)	whether it has assessed the effectiveness of the inter-departmental task force; if it has, of the results?

Public Officer to reply : Secretary for Economic Development and Labour

*10. Question withdrawn.

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

Regarding school planning, will the Government inform this Council:

(a)	of the numbers of classes, school places and students in primary and secondary day schools in each of the past three years, at present and in the next two years, broken down by school zones and grades;
(b)	of the specific details of the school construction plan in each of the past three years, at present and in the next five years, including the number of schools constructed, their names (if named already), types, the kinds of courses and the number of places they provide, broken down by school zones;
(c)	whether the variations in student population growth in individual school zones have given rise to an over-supply of school places in individual zones, and whether the authorities have formulated appropriate measures to solve the problems arising from inaccurate school planning; if they have, of the details; and
(d)	of the justifications for the authorities' plan to construct new school premises in zones where there are class reductions, and the ways to tackle the problem of a deteriorating imbalance in school places as a result of the construction of such new school premises?

Public Officer to reply : Secretary for Education and Manpower

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

Will the Government inform this Council of:

(a)	the respective numbers of civil servants who were promoted, together with a breakdown by their grades and ranks after promotion; and
(b)	the respective numbers of promoted civil servants filling vacancies which arose from the two rounds of the voluntary retirement schemes ("VRS"), together with a breakdown by VRS and the grade and rank of the vacancies in each of the past five years and so far this year?

Public Officer to reply : Secretary for the Civil Service

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

It has been reported that upon the completion of the Phase One works of Kwai Chung Park in 1992, it was handed over to the Environmental Protection Department for restoration because of the landfill gas problem. Although the restoration works were completed three years ago, the Park is still not open to the public by the Leisure and Cultural Services Department on grounds that there is a plan to further develop the Park. In this connection, will the Government inform this Council:

(a)

of the latest progress of the planning work for Kwai Chung Park - Further Development Project; and

(b)

whether the total area of the existing open spaces in the Kwai Chung Planning Zone meets the relevant standards stipulated in the Hong Kong Planning Standards and Guidelines; if not, of the deviation, and whether the completed parts and facilities of the Park will be open to the public as soon as possible so as to provide more open space in the district; if certain works have to be carried out before the Park can be open to the public, of the details of the works, as well as the cost and time required?

Public Officer to reply : Secretary for Home Affairs

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

Regarding traffic accidents involving franchised buses, will the Government inform this Council:

(a)	of the number of the above-mentioned traffic accidents in each of the past three years, broken down by district, bus company, passenger casualty, pedestrian casualty, age of the bus and experience of the driver; and, among them, the number of accidents involving five or more casualties each year, and the details of each accident, including the date, location, information mentioned in the above breakdown (except district) and cause of the accident;
(b)	how Hong Kong compares to other countries or regions in respect of the number of the above-mentioned traffic accidents;
(c)	whether it has conducted detailed analysis of the above-mentioned traffic accidents that occurred in Hong Kong in recent years, covering such aspects as whether the accidents were related to the number of bus-drivers employed, their working hours, the roster systems and overall management of the bus companies; if it has, of the results of the analysis; if not, the reasons for that;
(d)	whether the authorities have discussed with the franchised bus companies measures to reduce the number of the above-mentioned traffic accidents; if they have, of the results and whether both sides have devised new bus safety measures; if not, the reasons for that; and
(e)	how the authorities will act on the policy level to further protect the safety of franchised bus passengers in the light of the serious traffic accidents involving franchised buses that occurred one after another in recent months?

Public Officer to reply : Secretary for the Environment, Transport and Works

*15. Dr Hon Eric LI to ask: (Translation)

Will the Government inform this Council whether it knows:

(a)	the number of research project grant applications approved by the Research Grants Council of Hong Kong ("the Council") which were directly related to government policies and economic affairs (such as the Basic Law, public finance and review of the tax regime etc.), the sum of grants involved and its percentage in the total amount of grants approved by the Council; and
(b)	among all research project grant applications received by the Council, the number of those in which local academics and professionals were engaged,
in the past three years?

Public Officer to reply : Secretary for Education and Manpower

*16. Hon Kenneth TING to ask: (Translation)

Will the Government inform this Council whether it knows:

(a)	whether many factories in the industrial estates managed by the Hong Kong Science and Technology Parks Corporation ("the Corporation") have ceased production; if so, of the details;
(b)	the Corporation's strategy to better utilize the land in the industrial estates, such as offering premium concessions and relaxing the land lease restrictions, so as to encourage and promote the establishment of factories in the industrial estates by environmental protection and logistics industries; and
(c)	whether the corporation is currently processing applications from companies engaged in environmental protection and logistics industries for leasing the land in the industrial estates; if so, of the number of companies involved in these applications and the progress of the Corporation's processing of the applications concerned?

Public Officer to reply

Secretary for Economic Development and Labour
(in the absence of Secretary for Commerce, Industry and Technology)

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

In reply to my question on 22 May 2002, the Administration advised that it had adopted a number of measures to curb the proliferation of Mikania micrantha in rural areas. However, it is learnt that Mikania micrantha is still spreading at an appalling speed, blocking other plants from sunlight and causing the withering of many plants by strangling them. In this regard, will the Government inform this Council:

(a)	of the locations and the total area where Mikania micrantha proliferated last year;
(b)	of the measures to prevent Mikania micrantha from damaging trees; and
(c)	whether it will draw up more effective measures to curb the proliferation of Mikania micrantha; if it will, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for the Environment, Transport and Works

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

In reply to my question on the polling hours for elections in overseas countries on 15 October, the Secretary for Constitutional Affairs advised that the polling hours in Australia, Canada, Germany, Japan, New Zealand, the Netherlands and the United States are shorter than those in Hong Kong, and these countries have special arrangements, such as advance polling and postal polling, to facilitate electors' voting. In this connection, will the Executive Authorities inform this Council:

(a)	of the details of the arrangements adopted by the countries mentioned above to facilitate electors' voting;
(b)	of an assessment of the pros and cons of the arrangements;
(c)	whether they will consider adopting such arrangements; if so, when such arrangements will be adopted; if not, of the reasons for that; and
(d)	whether they have studied other arrangements to facilitate electors' voting that are suitable for adoption in Hong Kong; if so, of the details of such arrangements; if not, the reasons for that?

Public Officer to reply : Secretary for Constitutional Affairs

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

It is learnt that there is an upward trend in recent years in the number of cases in which Mainland women overstayed in Hong Kong after entering the territory on Exit-entry Permit for Travelling to Hong Kong and Macao (commonly known as "two-way exit permits"), and gave birth during the overstaying period. In this connection, will the Government inform this Council:

(a)	of the measures to curb this trend; whether actions will be stepped up to arrest and repatriate pregnant Mainland women overstaying in Hong Kong;
(b)	whether childbirth by Mainland women in Hong Kong has put a strain on manpower and other resources in public hospitals; and
(c)	whether it knows if the relevant Mainland authorities have stipulated that two-way exit permits should not be issued to women whose pregnancy has reached a certain number of weeks; whether it will discuss with the relevant Mainland authorities so that they will be more prudent in vetting and approving applications for two-way exit permits from pregnant women?

Public Officer to reply : Secretary for Security

*20. Hon LEE Cheuk-yan to ask: (Translation)

Regarding the latest statistics on the cases of the "low earnings" category under the Comprehensive Social Security Assistance ("CSSA") Scheme, will the Government inform this Council of:

(a)	the total number of household members (excluding the applicants) in such CSSA cases, together with a breakdown by gender and age profile (in groups each covering 5 years);
(b)	a breakdown of such cases by the applicants' gender, age profile (in groups each covering five years), educational levels and employment earnings (in groups each covering $500), as well as the trades they are engaged in, their positions, the amounts of CSSA payments they receive each month (in groups each covering $500) and the numbers of months they have been receiving CSSA payments consecutively; and
(c)	the number of CSSA cases transferred from other categories to the "low earnings" category?

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

*For written reply.

III. Bills

First Reading Hong Kong Sports Development Board (Repeal) Bill
Second Reading (Debate to be adjourned)
Hong Kong Sports Development Board (Repeal) Bill	:	Secretary for Home Affairs
Second Reading (Debate to resume), Committee Stage and Third Reading
Hong Kong Examinations and Assessment Authority (Amendment) Bill 2003	:	Secretary for Education and Manpower

IV. Motions

Proposed resolution under the Factories and Industrial Undertakings Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Economic Development and Labour to move the motion

CB(3) 133/03-04

Proposed resolution under the Factories and Industrial Undertakings Ordinance

Secretary for Economic Development and Labour to move the following motion:

(a)	the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear)(Amendment) Regulation 2003;
(b)	the Factories and Industrial Undertakings (Suspended Working Platforms)(Amendment) Regulation 2003; and
(c)	the Factories and Industrial Undertakings (Loadshifting Machinery)(Amendment) Regulation 2003,
made by the Commissioner for Labour on 28 May 2003, be approved.
	(The three Regulations have been issued on 6 November 2003 under LC Paper No. CB(3) 134/03-04)

V. Members' Motions

West Kowloon Cultural District development project

Hon WONG Sing-chi:

Amendments to Hon WONG Sing-chi's motion

(i)

Hon Albert HO: (Translation)

To delete "comprehensively review" after "That this Council urges the Government to" and substitute with "temporarily shelve"; to delete "extend the deadline for submission of development proposals," after "the West Kowloon Cultural District development project,"; to add "afresh" after "and openly and thoroughly consult"; and to add "; the Government should also consider setting up a statutory body to co-ordinate and implement the relevant plan" after "so as to formulate a development and operation plan that is open, fair and proper".

(ii)

Hon MA Fung-kwok: (Translation)

To add "consider the 'software' contents before planning the cultural facilities," after "That this Council urges the Government to comprehensively review the West Kowloon Cultural District development project,"; to delete "and" after "extend the deadline for submission of development proposals,"; to delete "so as to formulate" after "the public and relevant organizations," and substitute with "and uphold the 'people-oriented', 'partnership' and 'community-driven' principles put forward by the Culture and Heritage Commission for the West Kowloon development in formulating"; and to add "; and in the process of development, the Government should also facilitate a partnership between developers and the cultural sector, so as to allow the latter to participate in the planning and future operation of the facilities in the district" after "a development and operation plan that is open, fair and proper".

: Chief Secretary for Administration

Credibility of the Equal Opportunities Commission

Hon Fred LI:

Amendments to Hon Fred LI's motion

(i)	Hon Andrew CHENG: (Translation)
	To add "regrets that the Secretary for Home Affairs, Dr Hon Patrick HO Chi-ping, has mishandled the 'Michael WONG Kin-chow incident', and" after "That this Council"; and to delete "from the 'Michael WONG Kin-chow incident' " after "urges the Chief Executive and the HKSAR Government to learn the lesson" and substitute with "therefrom".
(ii)	Hon LEE Cheuk-yan: (Translation)
	To add "and, before appointing the Chairperson of the Equal Opportunities Commission in future, to arrange for the proposed appointee to attend hearings of the Legislative Council and answer questions from Members" after "That this Council urges the Chief Executive and the HKSAR Government to learn the lesson from the 'Michael WONG Kin-chow incident' ".
(iii)	Hon Emily LAU: (Translation)
	To add "remove all those Equal Opportunities Commission members whose behaviour has impaired the credibility of the Commission, so as to" after "and take expeditious measures to".

Public Officer to attend

Secretary for Home Affairs

Clerk to the Legislative Council

Legislative Council

Agenda Wednesday 26 November 2003 at 2:30 pm

Agenda

Wednesday 26 November 2003 at 2:30 pm