A 04/05-27

Legislative Council

Agenda

Wednesday 4 May 2005 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Road Traffic (Registration and Licensing of Vehicles) (Amendment) Regulation 200558/2005
2.Tax Reserve Certificates (Rate of Interest) (No. 3) Notice 200559/2005
3.Legal Practitioners (Amendment) Ordinance 1998 (Commencement) Notice 200560/2005

Other Paper

Report of the Subcommittee to Study the Eastern Harbour Crossing Ordinance (Amendment of Schedule) Notice 2005

(to be presented by Hon LAU Kong-wah, Chairman of the Subcommittee, who will address the Council)

IA. Addresses

Hon WONG Kwok-hing, Hon Andrew CHENG and Hon Miriam LAU to address the Council respectively on Eastern Harbour Crossing Ordinance (Amendment of Schedule) Notice 2005, which is subsidiary legislation laid on the Table of the Council on 6 April 2005.

II. Questions

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

Some Members have received a number of complaints alleging that the applications by former or incumbent Taiwan officials for entry into Hong Kong for academic and cultural exchanges or making personal visits often meet with procrastination or other difficulties. In this connection, will the Government inform this Council:
    (a)of the number of entry applications involving former or incumbent Taiwan officials that have been reported to the Central People's Government for approval in accordance with the Basic Principles and Policies of the Central People's Government on the handling of Taiwan-related Matters in Hong Kong after 1997 announced by former Vice-Premier QIAN Qichen in 1995, (generally known as "QIAN's Seven-point Principles"), over the past three years, and of the criteria adopted by the Hong Kong authorities for determining whether the activities of individual Taiwan Officials in Hong Kong are official contacts, or academic exchanges or visits in their personal capacity;

    (b)whether it has briefly explained the reasons for refusal to the Taiwan residents who were refused entry into Hong Kong; if it has, of the reasons for such refusal in the past three years; and

    (c)whether it will, in the light of the experience of the Macao authorities in handling the entry applications by Taiwan residents, consider adopting the measure of granting visa-on-arrival to Taiwan visitors, so as to promote exchanges between Hong Kong and Taiwan?
Public Officers to reply :Secretary for Security
Secretary for Constitutional Affairs

2. Hon TAM Heung-man to ask: (Translation)

The Hong Kong Institute of Certified Public Accountants has made a submission to the Government proposing a reform in professional liability to fortify Hong Kong's position as a global financial centre. In this connection, will the Government inform this Council:
    (a)whether it has considered the accounting profession's proposal to implement a proportionate liability system; if it has, of the progress made in implementing the system; if not, the reasons for that;

    (b)whether it will amend the Companies Ordinance to repeal the provision which prohibits auditors from contractually limiting liability to clients in respect of audit work; if it will, of the time for making the amendment; if not, the reasons for that; and

    (c)whether it will consider implementing a limited liability partnership system; if it will, of the time for implementation; if not, the reasons for that?
Public Officer to reply :Secretary for Financial Services and the Treasury
Secretary for Justice


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

In view of the continued increase in the amount of voluntary contributions to the Mandatory Provident Fund Scheme ("MPFS"), will the Government inform this Council:
    (a)of the number of persons making voluntary contributions and the amount of such contributions in the past three years, as well as the total amount of voluntary contributions directly made to the trustees without involving employers since the implementation of MPFS;

    (b)as the payment of voluntary contributions and the accrued benefits attributable to such contributions do not fall within the regulatory purview of the Mandatory Provident Fund Schemes Authority, whether the authorities have any plan to review the relevant policy so as to tighten the regulation of voluntary contributions, thereby safeguarding the interests of the contributors; and

    (c)whether the voluntary contributions directly made to the trustees without involving employers are currently covered by the MPFS Compensation Fund; if they are, whether the authorities will increase the Compensation Fund's existing reserve of $900 million; if they are not, whether the authorities have any plan to put such contributions under the coverage of the Compensation Fund?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

Regarding the employment of disabled persons, will the Government inform this Council:
    (a)of the number of disabled persons employed on non-civil service contract ("NCSC") terms in various government departments as at 31 December 2004;

    (b)whether it knows the respective numbers of disabled persons employed by various public-funded universities, the Hospital Authority, the Airport Authority and the two railway companies in the past three years, and the respective percentages of such employees in the overall employees of these organizations; and

    (c)whether it will stipulate that government departments should employ a certain percentage of disabled persons when recruiting NCSC staff, as well as the policies to encourage the organizations mentioned above to employ more disabled persons?
Public Officer to reply:Secretary for the Civil Service
Secretary for Health, Welfare and Food


5. Hon Abraham SHEK to ask:

In his 2004 Policy Address, the former Chief Executive admitted that the "regulatory regime in some areas has become excessively tight and detailed, leading to frustration among business people", and in this year's Policy Address, he said that the Subgroup on Business Facilitation had identified two sectors for review, the real estate/construction sector being one of them, with a view to rationalizing the regulatory regimes and simplifying the licensing procedures concerned. Regarding the review, will the Government inform this Council:
    (a)whether it has drawn up any timetable and objectives; if so, of the details; if not, the reasons for that; and

    (b)of the official who will be in charge?
Public Officer to reply :Financial Secretary
Secretary for the Environment, Transport and Works

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

Concerning the introduction of new measures to reduce various pollutions, will the Government inform this Council:
    (a)whether the government departments concerned study which of the new technologies developed overseas to tackle various pollutions, in particular air pollution and sewage, are suitable for introduction into Hong Kong; if so, of the new technologies these departments studied over the past three years, and those they plan to introduce in the next three years; and

    (b)as the Scheme of Control Agreements signed between the authorities and the two power companies will expire in 2008, of the clauses the Administration intends to include in the new agreements with a view to reducing the emission of pollutants from power plants?
Public Officer to reply : Secretary for the Environment, Transport and Works

*7. Hon CHIM Pui-chung to ask: (Translation)

Regarding the criticism against Radio Television Hong Kong that its broadcast of horse racing programmes is "vying with the private sector for profits", will the Government inform this Council whether other government departments have reviewed if their services involve "vying with the private sector for profits"; if they have, of the review results; if the review results reveal no such competition, how the authorities can prevent the occurrence of such phenomenon?
Public Officer to reply:Secretary for Financial Services and the Treasury
(in the absence of Secretary for Commerce, Industry and Technology)

*8. Hon Alan LEONG Kah-kit to ask: (Translation)

In approving the development plan of Wu Chung House, the Town Planning Board ("TPB") required the developer of the building ("the Developer") to construct a pedestrian walkway ("the Walkway") at Wu Chung House across Queen's Road East and connecting Inland Lot No. 7781. Such requirement is also stipulated in the land lease conditions and the planning permission for Wu Chung House. However, since the completion and occupation of Wu Chung House in 1992, the Walkway has not yet been constructed. In reply to my question at the Council meeting on 20 April 2005, the Government pointed out that as the construction of the Walkway was proposed by the Developer who undertook to commence the construction works upon completion of the land exchange procedures for a large hotel project, it was therefore stipulated in the land lease that "The portion of the pedestrian walkway to be constructed across Queen's Road East to Inland Lot No. 7781 shall be completed within 12 months from the date of handover to the Grantee of Inland Lot No. 7781 by the Government". In this regard, will the Government inform this Council:
    (a)in deciding to approve the development plan of Wu Chung House, whether TPB had considered the planning merits anticipated to be brought about by the completion of the Walkway, the improvements to the environment, pedestrian flow and road traffic, as well as other additional benefits to the local community;

    (b)whether it has assessed if the Developer, after being granted the development right of Wu Chung House, may decide unilaterally to terminate or suspend discussions with the Government on the land exchange arrangements for the above hotel development project; whether the construction of the Walkway will be terminated or postponed as a result of the Developer's decision, and the Government's strategies for handling such situation; if it has, of the assessment results; if not, the reasons for that; and

    (c)of the actions taken by the Buildings Department and relevant government departments, in issuing the occupation permit and certificate of compliance for Wu Chung House, to ensure that the scheme plan to develop Wu Chung House complied with all the requirements under section 16 of the Town Planning Ordinance, and whether they had consulted the Planning Department, the Lands Department and the Transport Department on the application; if they had, of the replies from those departments; if not, the reasons for that?
Public Officer to reply : Secretary for Housing, Planning and Lands

*9. Dr Hon Joseph LEE Kok-long to ask: (Translation)

It has been reported that since February this year, there have been over 500 incidents of tiles falling off from walls of lift lobbies and corridors in public housing and Home Ownership Scheme ("HOS") buildings in Tin Shui Wai. Many residents say that they have lodged numerous complaints with the Housing Department ("HD") but such incidents have continued to take place. In this connection, will the Government inform this Council:
    (a)of the number of relevant complaints received by HD from residents in the district in the past two months, with breakdowns by the progress of the repair works and the estimated completion time;

    (b)of the respective numbers of tile de-bonding incidents in individual public housing/HOS estates in the district in the past two months, and the details of such incidents, including the locations of occurrence as well as the areas and extents of the de-bonding;

    (c)of the respective numbers of tile de-bonding incidents in individual public housing/HOS estates in the district in the past five years; the average monthly number of such incidents, the average time taken to complete the repair works, and the time lapse from the completion of the building concerned to the occurrence of the first tile de-bonding incident in each public housing/HOS estate;

    (d)whether HD has arranged inspections for signs of loose tiles in the common areas of those buildings at regular intervals and during humid weather; if it has, of the schedule; and

    (e)whether it has analyzed the causes of continual tile de-bonding in those buildings and formulated measures to solve the problem; if so, of the results of the analyses and details of the measures?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

In her statement on the term of the new Chief Executive on 12 March this year, the Secretary for Justice pointed out that the Basic Law was the interface between two systems under one country, and it was unavoidable that the Mainland organs and legal sectors and the local institutions and legal sectors would sometimes have different interpretations of the provisions of the Basic Law. Given the common goal of preserving the stability and prosperity of Hong Kong, there should not be any difference that could not be resolved through mutual understanding, empathetic accommodation and frank communication. Moreover, continuing dialogue and communication were the best means by which a consensus on the implementation of the Basic Law by legal professionals of the two jurisdictions could be cultivated. The Government of the Hong Kong Special Administrative Region would endeavour to achieve this. In this connection, will the Government inform this Council whether it has studied if:
    (a)the authorities' current interpretation of the provisions of the Basic Law, other than those relating to the term of office of the Chief Executive, is different from their previous interpretation, and if the literal meaning of such provisions contradicts the legislative intent;

    (b)the authorities' interpretation of such provisions of the Basic Law is different from that of the Central People's Government; and

    (c)in implementing such provisions of the Basic Law, some circumstances have arisen which had not been envisaged at the time these provisions were drafted; if it has studied the above and the results indicate the existence of the situations described in (a) to (c), of the provisions concerned and the authorities' measures to address the situations; if it has not, the reasons for that and, given that the authorities have to conduct the above study before engaging in communication and dialogue with the Mainland on those provisions which are interpreted differently in Hong Kong and in the Mainland, whether the absence of such study is consistent with the authorities' endeavour to cultivate, through communication, a consensus between the two jurisdictions on the implementation of the Basic Law?
Public Officer to reply : Secretary for Justice

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

Recently I have received complaints from the public that illegal posting of advertisements in public places is rampant, adversely affecting the cityscape. In this connection, will the Government inform this Council:
    (a)of the number of complaints about illegal posting of advertisements in public places received by the authorities in each of the past three years;

    (b)of the respective numbers of prosecutions instituted for illegal posting of advertisements and those resulting in the conviction of offenders in each of the past three years, as well as the fines imposed and the legal costs involved; and

    (c)whether there are measures to ameliorate the problem of illegal posting of advertisements in public places; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Health, Welfare and Food

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

It has been reported that it has become a common phenomenon among university students to plagiarize assignments and hire "ghostwriters" to do the assignments for them. Some university students hired other persons to do their assignments throughout the three-year studies and escaped notice. They even graduated with high scores. In this connection, will the Government inform this Council whether it knows:
    (a)the numbers of cases in the past three years involving plagiarism and hiring of "ghostwriters" by students of various local universities, and whether the students involved were punished; if so, of the details;

    (b)the guidelines issued by local universities to their teaching staff on handling cases involving such practices, and the details of the relevant monitoring mechanism; and

    (c)the measures adopted by local universities to improve the situation?
Public Officer to reply : Secretary for Education and Manpower

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

Regarding the Air Quality Objectives ("AQOs"), will the Executive Authorities inform this Council:
    (a)given that the Secretary for the Environment, Transport and Works advised this Council on 10 November last year that "considerations such as the prevailing exposure levels, technical feasibility, source control measures, abatement strategies, and social, economic and cultural conditions should be taken into account when setting air quality standards for a particular place", whether the Administration will review the AQOs, adopted since 1987, based on such considerations; if so, of the scope and timetable of the review; if not, the difficulties in carrying out a review based on such considerations (particularly social, economic and cultural conditions);

    (b)given that the percentages of time at which Hong Kong air complied with the short-term AQOs were 94% and 86% in 2003 and 2004 respectively, whereas those which complied with the long-term AQOs during the same periods were 62% and 15% respectively, of the reasons for the discrepancies between the percentages of time which complied with short-term AQOs and those complied with long-term AQOs;

    (c)of the measures to help members of the public to distinguish between long-term and short-term AQOs; and

    (d)of the respective total numbers of times in 2003 and 2004 at which "the hourly average concentration of sulphur dioxide" and "the daily average concentration of respirable suspended particulates", as recorded by the monitoring stations of the Environmental Protection Department, exceeded the relevant standards set by the AQOs, as well as the follow-up actions taken when such standards were exceeded?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

With respect to the processing of New Territories small house applications by the Lands Department, will the Government inform this Council:
    (a)of the average time taken to process such applications;

    (b)of the number of processed applications in each of the past three years, broken down by the number of years taken to process them, as well as the reasons for the longer processing time in some cases;

    (c)of the existing staff establishment for processing such applications in various District Lands Offices ("DLOs"); and

    (d)whether staff of the DLOs concerned have complained or reflected to the authorities that their offices are understaffed for processing such applications, and whether the authorities have reviewed the staffing resources in this respect?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

In April 2003, the fees for medical services provided by public hospitals were adjusted upwards, together with enhancement of the Medical Fee Waiver Mechanism, under which public hospital patients who could not afford the medical fees may apply to the medical social workers ("MSWs") stationed in the hospitals for waiver of fees. In this connection, will the Executive Authorities inform this Council:
    (a)of the total amount of medical fees waived since April 2003;

    (b)whether guidelines on the execution of the waiver mechanism have been issued to MSWs; if so, of the contents of such guidelines;

    (c)of the measures in place to monitor the execution of the waiver mechanism by MSWs; and

    (d)of the appeal channels available to patients whose applications have been rejected?
Public Officer to reply : Secretary for Health, Welfare and Food

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

With respect to the maintenance of franchised buses, will the Government inform this Council whether it knows:
    (a)the number of cases last year in which franchised bus services were interrupted due to breakdowns of buses in service; if so, please provide a breakdown by month, the franchised bus company involved and bus route;

    (b)the number of complaints received from the public by the authorities concerned last year about buses breaking down while in service, and the actions taken to follow up such complaints;

    (c)the procedure and timetables for bus maintenance currently adopted by the various franchised bus companies;

    (d)if the franchised bus companies have instructed their bus captains to check their buses for proper functioning before pulling them out to provide service; if they are required to do so, of the details; and

    (e)the respective numbers of buses withdrawn from service by the various franchised bus companies last year for reasons that they had reached the specified service age, or their maintenance costs were too high?
Public Officer to reply : Secretary for the Environment, Transport and Works

*17. Hon CHIM Pui-chung to ask: (Translation)

Will the Government inform this Council of its current short, medium and long term plans in corporatizing government departments, merger of bureaux and departments and outsourcing of government services etc., together with the implementation timetables of such plans? Public Officer to reply : Chief Secretary for Administration

*18. Hon CHAN Yuen-han to ask: (Translation)

Regarding the statistics on the Comprehensive Social Security Assistance ("CSSA") Scheme, will the Government inform this Council of the following figures over the past ten years:
    (a)the number of CSSA cases at the end of each year, together with a breakdown by their categories (old age, permanent disability, temporary disability/ill health, single parent family, low earnings, unemployment and others), and, in respect of each category:

    (i)the number of recipients;

    (ii)the annual CSSA expenditure and its growth rate; and

    (iii)the percentage of the CSSA expenditure in the overall CSSA expenditure of that year; and

    (b)the number of CSSA recipients at the end of each year, together with a breakdown by their sex, ethnicity, the age group (below 15, 15 to 24, 25 to 34, 35 to 44, 45 to 59 and 60 or above) to which they belonged and the local administration district in which they lived, and, in respect of each group of recipients:

    (i)the annual CSSA expenditure and its growth rate; and

    (ii)the percentage of the annual CSSA expenditure in the overall CSSA expenditure of that year?
Public Officer to reply : Secretary for Health, Welfare and Food

*19. Hon Abraham SHEK to ask:

Under the Land (Miscellaneous Provisions)(Amendment) Ordinance 2003, which came into operation on 1 April 2004, holders of excavation permits ("XPs") or emergency XPs, known as permittees, may nominate their contractors as nominated permittees ("NPs"), subject to the Authority's approval and the consent of the contractors to the nomination and their agreements to comply with the conditions in XPs. In this connection, will the Government inform this Council:
    (a)of the number of cases, since 1 April 2004, in which permit conditions have been breached, together with a breakdown of such cases by the nature of breaches, whether nominations of NPs were made, whether the offenders were permittees or NPs, and the fines imposed on the offenders;

    (b)of the respective numbers of XPs issued and nominations of NPs received by the Authority since 1 April 2004, together with a breakdown by types of applicants (public utilities, private developers etc); and

    (c)whether it will carry out a review on the nomination requirements; if it will, of the timing of the review; if it will not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that, to prepare for the World Trade Organization ("WTO") services negotiations in the Sixth Ministerial Conference of WTO to be held in December this year, 148 WTO Members (including Hong Kong) are required to submit by May this year lists of initial requests for other Members to open their markets and initial offers of commitments to open their own markets. In this connection, will the Government inform this Council:
    (a)of the details of the above lists of initial requests and offers of commitments submitted by the Hong Kong authorities; and

    (b)whether it will consider seeking public views on the lists and offers mentioned in (a); if not, the reasons for that?
Public Officer to reply:Secretary for Financial Services and the Treasury
(in the absence of Secretary for Commerce, Industry and Technology)

*For written reply.

III. Bills

First Reading

1. Revenue (Personalized Vehicle Registration Marks) Bill 2005

2. Public Health and Municipal Services (Amendment) Bill 2005

Second Reading (Debates to be adjourned)

1.Revenue (Personalized Vehicle Registration Marks) Bill 2005 :Secretary for Financial Services and the Treasury

2.Public Health and Municipal Services (Amendment) Bill 2005 :Secretary for Health, Welfare and Food

IV. Motions

Proposed resolution under the Pharmacy and Poisons Ordinance

Secretary for Health, Welfare and Food to move the following motion:

RESOLVED that the following Regulations, made by the Pharmacy and Poisons Board on 9 April 2005, be approved -
    (a)the Pharmacy and Poisons (Amendment) Regulation 2005; and

    (b)the Poisons List (Amendment) Regulation 2005.

    (The two Regulations have been issued on 14 April 2005
    under LC Paper No. CB(3) 497/04-05)

V. Members' Bills

First Reading

Federation of Hong Kong Industries (Amendment) Bill 2005

Second Reading (Debate to be adjourned)

Federation of Hong Kong Industries (Amendment) Bill 2005 : Hon Andrew LEUNG Kwan-yuen

VI. Members' Motions

  1. Proposed resolution under the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

    Hon TSANG Yok-sing to move the motion in the Appendix.

  2. Reviewing the protection of wages on insolvency system

    Hon TSANG Yok-sing: (Translation)

    That this Council urges the Government to expeditiously review the protection of wages on insolvency system and related legislation, so as to safeguard employees' rights and benefits and prevent abuse of the Protection of Wages on Insolvency Fund by employers.

    Amendments to motion
    (i)Hon Andrew CHENG: (Translation)

    To add "streamline the application procedures for the Protection of Wages on Insolvency Fund, and step up prosecution against those employers who deliberately default on payment of wages to their employees," after "related legislation,".

    (ii)Hon LEE Cheuk-yan: (Translation)

    To add "which includes studying the establishment of a security deposit system and requiring employers to reserve funds for severance payments and long service payments payable to their employees in future," after "related legislation,".

    (iii)Hon WONG Kwok-hing: (Translation)

    To add "and, at the same time, step up enforcement and prosecution, as well as to study the imposition of a security deposit system targeted at employers who repeatedly evade their responsibilities for the legal interests of their employees or on industries with more cases of abuse" after "related legislation".

    Public Officer to attend :Secretary for Financial Services and the Treasury
    (in the absence of Secretary for Economic Development and Labour)

  3. Opposing Japan's textbooks distorting history

    Hon LAU Kong-wah: (Translation)

    That this Council strongly condemns the recent approval by Japan's Ministry of Education, Culture, Sports, Science and Technology of the history textbooks for secondary schools written by a right-wing group, which brazenly distort the historical facts of Japan's invasion of its neighbouring countries during the Second World War and embellish Japan's acts of aggression, and also strongly demands the Japanese Government to totally abandon militarism, face up to the historical facts, and offer its sincere apologies and reasonable compensation to the countries and people who were subjected to its invasion during the Second World War.

    Amendments to motion
    (i)Hon Albert HO: (Translation)

    To add "fulfil its post-war responsibilities, i.e." after "strongly demands the Japanese Government to"; to delete "abandon" after "totally" and substitute with "abandoning"; to delete "face" after "militarism," and substitute with "facing"; to delete "and offer" after "up to the historical facts," and substitute with "disclosing all the information on the war crimes it committed when invading its neighbouring countries during the Second World War, compiling history textbooks that are faithful to historical facts, ceasing to pay official homage to the Yasukuni Shrine, making"; to add "confession and" after "its sincere"; to delete "and reasonable compensation" after "apologies"; and to add ", and offering reasonable compensation to the war crimes victims; and, until the Japanese Government has fulfilled the above responsibilities, this Council resolutely opposes Japan becoming a permanent member of the United Nations Security Council (UNSC), and urges the Government of the SAR to request the Central Government to exercise its right of veto to forestall Japan becoming a permanent member of the UNSC" after "during the Second World War".

    (ii)Hon James TIEN: (Translation)

    To delete "face" after "totally abandon militarism," and substitute with "including facing"; and to delete "and offer" after "up to the historical facts," and substitute with "ceasing the unlawful occupation of the Diaoyutai Islands and the oil and natural gas fields in the East China Sea which are within the territory of our country, and offering".

Clerk to the Legislative Council