A 04/05-4

Legislative Council

Agenda

Wednesday 20 October 2004 at 2:30pm



I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Import and Export (General) (Amendment) Regulation 2004155/2004
2.Import and Export (Fees) (Amendment) Regulation 2004156/2004
3.Trade Descriptions (Country of Manufacture) (Piece-Knitted Garments) Order157/2004
4.Trade Descriptions (Place of Manufacture) (Piece-Knitted Garments) (Amendment) Notice 2004158/2004
5.Trade Descriptions (Place of Manufacture) (Repeal) Notice 2004159/2004
6.Air Pollution Control (Motor Vehicle Fuel) (Amendment) Regulation 2004160/2004

Other Papers

1.No.13-Urban Renewal Authority
Annual Report 2003-2004
(to be presented by Financial Secretary)

2.No.14-Companies Registry
Annual Report 2003-04
(to be presented by Secretary for Financial Services and the Treasury)

3.No.15-The Land Registry Trading Fund Hong Kong
Annual Report 2003/2004
(to be presented by Secretary for Housing, Planning and Lands)

4.No.16-Report of changes to the approved Estimates of Expenditure approved during the first quarter of 2004-05 (Public Finance Ordinance : Section 8)
(to be presented by Secretary for Financial Services and the Treasury)

5.No.17-The Government Minute in response to the Report No.42 of the Public Accounts Committee dated June 2004
(to be presented by Chief Secretary for Administration, who will address the Council)

II. Questions

1. Hon Emily LAU to ask: (Translation)

On the 14th of last month, the Environmental Protection Department's general ambient air quality monitoring station in Tung Chung recorded a record-high Air Pollution Index ("API") reading as high as 201, indicating a "severe" level of air pollution. A number of green groups have pointed out that the serious air pollution problem has its main source from the pollutants emitted from Mainland plants and coal-fired power stations in both Hong Kong and the Mainland. In this connection, will the Executive Authorities inform this Council whether:
    (a)they have studied the reasons for the deteriorating air quality in Hong Kong; if so, of the results of the study and the improvement measures in place and the effects such measures are expected to bring about;

    (b)they have discussed with the relevant departments in the Mainland ways to solve the problem of emissions within the Pearl River Delta Region, and whether both sides have exchanged views on environment-friendly technologies; if so, of the details of their discussion and exchange as well as the achievements; if not, the reasons for that; and

    (c)they will discuss with the relevant departments in the Mainland to seek co-operation in utilizing renewable energy sources for power generation, so as to reduce environmental pollution and solve the energy shortage problem; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

Regarding the Hospital Authority's ("HA") plan to introduce the Central Drug List, i.e. the Patients' Choice Items Scheme, will the Government inform this Council whether it knows:
    (a)the details of the Scheme, such as the implementation date, its scope and the number of people affected;

    (b)the estimated savings in expenditure to be achieved by implementing the Scheme; and

    (c)the criteria adopted for compiling the above List; whether HA will conduct public consultation before implementing the Scheme, and whether it has considered involving the public in compiling the List?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Since July this year, a number of incidents have occurred successively in the railway system of the MTR Corporation Limited ("MTRCL"), causing disruptions to railway service. In this connection, will the Government inform this Council whether:
    (a)MTRCL has upgraded any major components and devices of its railway system over the past five years in respond to the failures, ageing and operational obstacles of the system, or arising from the need to achieve system unification for various lines; if so, of the details of the upgrading work;

    (b)it knows the methods and procedure adopted by the MTRCL in the routine inspection and maintenance of its railway system, and whether and how such work is monitored by the authorities; and

    (c)in order to press the MTRCL to take a more proactive approach in improving its services, the authorities will, by exercising the power of the Chief Executive in Council under the Mass Transit Railway Ordinance, give instructions to or impose fines on the MTRCL; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

4. Hon LI Kwok-ying to ask: (Translation)

It has been reported that the usage rate of a golf driving range in Shatin, which had been managed by the Hong Kong Sports Development Board ("HKSDB") until its dissolution, has remained low since its opening in 2002 because its opening hours failed to meet public needs and there had been inadequate publicity. In this connection, will the Government inform this Council:
    (a)of the criteria used by HKSDB for determining the opening hours of the driving range, and the respective average usage rates of the driving range on weekdays and holidays in each of the past two years;

    (b)of the details of the revenue and expenses of the driving range in each of the past two years; and

    (c)whether, since the dissolution of HKSDB on the first of this month, it has adopted any arrangements and measures to increase the usage rate of the driving range?
Public Officer to reply : Secretary for Home Affairs

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

The two Provisional Municipal Councils were dissolved on 1 January 2000, leaving behind 169 capital works projects pending funding approval. In this connection, will the Government inform this Council:
    (a)of the respective names of and estimated expenditures on such projects which have received funding approval and those which have not;

    (b)whether it has assessed the social impact of the non-delivery of such projects; if it has, of the assessment results; and

    (c)whether it has set any funding timetable for such projects; if it has, of the details; if not, how the authorities will deal with such projects?
Public Officer to reply : Secretary for Home Affairs
Secretary for Health, Welfare and Food

6. Hon Andrew CHENG to ask: (Translation)

It has been reported that 7 200 persons aged below 18 joined the National Day Carnival organized by the Hong Kong Jockey Club ("HKJC") on 3 October this year and watched horse races at the Sha Tin Racecourse on that day, and reporters spotted that some parents brought their children to the Members' Betting Lounge. In this connection, will the Government inform this Council whether it:
    (a)has assessed if events of this kind will increase young people's interest in gambling; if it has, of the assessment criteria and results; if not, the reasons for that;

    (b)knows if HKJC has assessed if any apparent loopholes exist in its security measures, resulting in children gaining access to the Members' Betting Lounge; and

    (c)will request HKJC not to organize events of this kind in future, in order to prevent more young people from being contaminated by gambling?
Public Officer to reply : Secretary for Home Affairs

*7. Hon Audrey EU to ask: (Translation)

As specialist out-patient service at public hospitals is available only within office hours on weekdays, will the Government inform this Council whether, on the premise of no change in resources and by redeploying doctors to work shift duty, it will consider extending such service to public holidays and evenings, in order to meet the needs of the working people; if it will not, of the reasons for that?

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

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

It has been reported that on 3 September this year, an 81 years old man was knocked down and killed by a vehicle on Prince Edward Road West because he failed to cross the road before the traffic light signal changed. In this connection, will the Government inform this Council:
    (a)of the total number of cases in the past three years in which pedestrians crossing the road were injured or killed for the same reason;

    (b)of the total number of complaints lodged by users of pedestrian crossings about the rapid change of traffic light signals in the past three years; and

    (c)whether it will conduct a territory-wide review to see if the duration of traffic light signals poses any hazard to pedestrians crossing the road; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that trees were cut down and debris was dumped illegally on the government land at Nam Shan Lane, Po Lo Che in Sai Kung for the construction of roads. In this connection, will the Government inform this Council whether:
    (a)any government department has followed up and investigated the incident; if so, of the details and progress of the incident; if not, the reasons for that; and

    (b)it will report to the Legislative Council upon the completion of the investigation; if it will, how the report will be made; if not, the reasons for that?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

Will the Government inform this Council of the following since the implementation of the Marking Scheme for Tenancy Enforcement in Public Housing Estates in 2003:
    (a)the number of public housing tenants who have been awarded penalty points so far, broken down by the names of the public housing estates and the offences involved;

    (b)the number of public housing tenants who have been awarded 10 or more points so far and, among them, the number of tenants whose tenancy has been terminated by the Housing Department after having been awarded 16 points; and

    (c)whether more focussed measures will be introduced to further improve the levels of cleanliness and environmental hygiene in public housing estates; if so, of the details?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

The Administration has established the Link Management Limited ("TML") to manage the real estate investment trust to be set up for the divestment of the Housing Authority's retail and car-parking facilities. In this connection, will the Executive Authorities inform this Council:
    (a)with regard to the divestment plan, of the detailed explanations given directly to the tenants of shops and car parks concerned, and consultations made with the public housing tenants, before the establishment of TML; and

    (b)whether TML will invite the tenants concerned, and not just their representatives, to attend meetings or briefings to exchange views on the business environment, car-parking facilities, rent levels and the operation of the company, etc., and whether TML will issue to the tenants leaflets or pamphlets outlining the arrangements of the divestment plan; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

It has been reported that on the 30th of last month, an elderly man fell from height in Hung Hom and lay near a bus stop. He was certified dead by the ambulance crew at the scene, but his body was left lying for more than two hours on the street before it removed by the workmen of the Food and Environmental Hygiene Department. Many passers-by and passengers waiting at the bus stop were disturbed at the sight of the dead body. Moreover, according to the new guidelines promulgated by the Hospital Authority last month, public hospitals will no longer admit people who have been certified dead by ambulance crew at the scene. In this connection, will the Government inform this Council:
    (a)of the details of the new guidelines;

    (b)whether, upon the implementation of the new guidelines, the waiting time for the removal of bodies of persons certified dead at public places has become longer; if so, whether it has assessed if the relevant arrangements amount to disrespect to the deceased; and

    (c)whether it will review the procedure for handling bodies of persons certified dead at public places, so that the bodies of the deceased will be removed expeditiously?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Regarding complaints about the services provided by beauty or slimming centres, will the Government inform this Council:
    (a)of the total number of such complaints received by the authorities concerned in the past two years;

    (b)of a breakdown by subject matter of the complaint cases mentioned in (a) above and, among these cases, the number of those in which the services provided had caused injuries to the complainants, as well as the total amount of compensation consequently paid by the centres concerned;

    (c)whether complaints involving the misuse of beauty treatment devices have been on the rise over the past two years, and whether it will consider introducing legislation to regulate the use of the beauty treatment devices in question; if it will not, of the reasons for that; and

    (d)as there have been people sustaining injuries as a result of beauty treatment, whether it will issue guidelines to the beauty business, or advise or caution consumers in respect of the risks involved in the course of beauty treatment?
Public Officer to reply : Secretary for Economic Development and Labour

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

It is learnt that out of the 501 polling stations set up for the Legislative Council elections held on 12th of last month, only 287 (i.e. 57%) are fully accessible to mobility-handicapped persons, including wheelchair-bound persons ("accessible polling stations"). In this connection, will the Government inform this Council:
    (a)of the reasons for the authorities' failure to provide accessible polling stations throughout the territory;

    (b)of the measures or arrangements put in place to facilitate mobility-handicapped persons' access to those polling stations which were not fully accessible; and

    (c)given that Article 25 of the International Covenant on Civil and Political Rights provides that every citizen shall have the right and opportunity to vote at periodic elections, whether the authorities have assessed if their failure to provide accessible polling stations throughout the territory, thereby causing inconvenience to mobility-handicapped voters or affecting their motivation to vote, has violated the spirit of the above provision; if they have, of the assessment results?
Public Officer to reply : Secretary for Constitutional Affairs

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

At present, bicycles are the daily means of transport for a large number of residents in Yuen Long (including Tin Shui Wai) and Tuen Mun. Many residents in Tin Shui Wai have told me that the cycling tracks in the district are not connected. Cyclists are forced to ride on the pavements in road sections where cycling tracks are not available, resulting in their violation of the law and posing danger to pedestrians. In this connection, will the Government inform this Council of:
    (a)the number of traffic accidents involving bicycles and the number of cyclists prosecuted in Yuen Long District in each of the past three years; and

    (b)the comprehensive planning of the cycling track works in Yuen Long and Tuen Mun, with illustrations to show the finished and unfinished works respectively, and the completion date of all the works?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

It has been reported that the conversion works on the Tuen Mun Cross-border Ferry Pier, which is scheduled to begin operation in December this year, have not yet commenced as the works plans have not been approved by the Architectural Services Department. As a result, the ferry service between Tuen Mun and Macau scheduled to begin in that month may have to be delayed. In this regard, will the Government inform this Council:
    (a)of the reason for the delay of the works on the pier;

    (b)whether there are penalty clauses in the contract to penalize the persons in charge of the conversion works on account of the delay in commencing the works; if so, of the details; if not, the reasons for that;

    (c)whether there are measures to ensure timely completion of the conversion works on the pier; if so, of the details; if not, the reasons for that; and

    (d)whether there are measures to ensure that the ferry service between Tuen Mun and Macau will begin operation in December this year as scheduled; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

*17. Hon LEE Wing-tat to ask: (Translation)

Regarding residential development projects, will the Government inform this Council:
    (a)of the number of applications made by real estate developers in the past three years for assessment of regrant premium in respect of residential development projects, and the details of each application, including the area and location of the site, as well as the assessed land premium; and

    (b)whether it knows which property development projects above stations along railway alignments are scheduled to be put up for tendering by the two railway corporations in the period between the end of this year and the beginning of the next year, as well as the projected completion dates of these projects?
Public Officer to reply : Secretary for Housing, Planning and Lands

*For written reply.

III. Statements

Consultation Document on Reforming the Academic Systems for Senior Secondary and Higher Education :Secretary for Education and Manpower

IV. Members' Motions
  1. Total smoking ban in workplaces

    Hon Bernard CHAN: (Translation)

    That this Council urges the new Secretary for Health, Welfare and Food to actively expedite the implementation of a total smoking ban in workplaces so as to safeguard public interests and protect the public from the health hazards of passive smoking, and to step up anti-smoking efforts to combat the problem of young smokers.

    Amendments to Hon Bernard CHAN's motion
    (i)Hon Andrew CHENG: (Translation)

    To add "indoor areas of" after "smoking ban in"; to add "and to introduce a bill to the Legislative Council in this session" after "workplaces"; to add "and comprehensive tobacco control" after "anti-smoking"; and to add ", which include imposing a total smoking ban in places such as restaurants, bars and karaoke, with a view to creating a social environment conducive to protecting young people from the harmful effects of tobacco" after "young smokers".

    (ii)Hon Albert Jinghan CHENG: (Translation)

    To add "and, at the same time, take proactive action to expedite the implementation of a total smoking ban in restaurants and air-conditioned indoor public areas" after "young smokers".

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

  2. Enacting a fair competition law

    Hon Fred LI: (Translation)

    That, as a survey conducted by the Consumer Council shows that the management companies of a number of private housing estates have, without giving prior notice to or obtaining the prior consent of the property owners, outsourced the estates' telecommunication services to their associate companies, with the charges of such services being bundled into the management fees, such practices have violated the principle of fair competition and undermined the interests of consumers, this Council urges the Government to thoroughly review the existing policy on fair competition, including the powers and operation of the Competition Policy Advisory Group, and to study the feasibility of enacting a fair competition law so as to safeguard the business environment in Hong Kong.

    Amendments to Hon Fred LI's motion
    (i)Hon TONG Ka-wah: (Translation)

    To delete ", as a survey conducted by the Consumer Council shows that the management companies of a number of private housing estates have, without giving prior notice to or obtaining the prior consent of the property owners, outsourced the estates' telecommunication services to their associate companies, with the charges of such services being bundled into the management fees, such practices have violated the principle of fair competition and undermined the interests of consumers," after "That"; to delete "existing policy on fair competition, including the powers and operation" after "thoroughly review the" and substitute with "function and effectiveness"; to delete ", and to study the feasibility of enacting a fair competition law" after "Competition Policy Advisory Group"; and to delete "safeguard the business environment in Hong Kong" after "so as to" and substitute with "ensure that there is a fairer trading environment in Hong Kong".

    (ii)Hon LEUNG Yiu-chung: (Translation)

    To delete ", such practices have violated" after "being bundled into the management fees" and substitute with ", and as practices violating"; to delete "undermined" after "the principle of fair competition and" and substitute with "contributing to unreasonable market domination also exist in many domains including power supply, gas, petroleum products and supermarkets, thus undermining"; to delete "study the feasibility of enacting" after "the Competition Policy Advisory Group, and to" and substitute with "expeditiously enact"; to add "as well as to set up a fair competition commission," after "a fair competition law"; to delete "the" after "so as to safeguard" and substitute with "fair competition in Hong Kong's"; and to delete "in Hong Kong" after "business environment" and substitute with "and the interests of the public".

    Public Officer to attend : Secretary for Economic Development and Labour

Clerk to the Legislative Council