A 04/05-8

Legislative Council

Agenda

Wednesday 17 November 2004 at 2:30pm

I. Tabling of Papers
Subsidiary Legislation / InstrumentsL.N. No.
1.Prisons (Amendment) (No. 2) Order 2004174/2004
2.Addiction Treatment Centre (Consolidation) (Amendment) Order 2004175/2004
3.Drug Addiction Treatment Centre (Hei Ling Chau Addiction Treatment Centre) (Amendment) Order 2004176/2004
4.Drug Addiction Treatment Centre (Chi Ma Wan Drug Addiction Treatment Centre) (Repeal) Order177/2004
5.Rehabilitation Centres (Appointment) (Amendment) Order 2004178/2004
6.Training Centre (Consolidation) (Amendment) Declaration 2004179/2004
7.Securities and Futures (Price Stabilizing) (Amendment) Rules 2004180/2004
8.Companies Ordinance (Exemption of Companies and Prospectuses from Compliance with Provisions) (Amendment) Notice 2004181/2004

Other Papers

1. No.21-Report of the Board of Trustees for Sir Edward Youde Memorial Fund for the period from 1 April 2003 to 31 March 2004
(to be presented by Secretary for Home Affairs)

2. No.22-Secretary for Home Affairs Incorporated Audited Statement of Accounts and Auditor's Report for the year ended 31 March 2004
(to be presented by Secretary for Home Affairs)

3. No.23-Hong Kong Science and Technology Parks Corporation Annual Report 2003/2004
(to be presented by Secretary for Commerce, Industry and Technology)

4. No.24-Hong Kong Productivity Council Annual Report 2003/2004
(to be presented by Secretary for Commerce, Industry and Technology)

II. Questions

1. Hon Tommy CHEUNG to ask: (Translation)

It has been reported that upstairs cafes have become increasingly popular in recent years. Quite a number of upstairs cafes are found in Mongkok and Causeway Bay, most of which do not meet the fire installation requirements and safety standards stipulated by law. People in the trade have estimated that up to 80% of these upstairs cafes are unlicensed. In this connection, will the Government inform this Council:
    (a)of the estimated approximate number of upstairs cafes currently operating in Hong Kong and, among them, the approximate number of unlicensed ones as well as their geographical distribution; and

    (b)whether any inspections have been conducted on unlicensed upstairs cafes and prosecutions instituted against them over the past three years; if so, of the number of inspections conducted and their frequency, as well as the number of prosecutions instituted and the penalties imposed on the persons convicted; if not, the reasons for that?
Public Officer to reply : Secretary for Health, Welfare and Food

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

At present, 60% of greenhouse gas ("GHG") emission in Hong Kong comes from power plants. The Secretary for the Environment, Transport and Works informed this Council in October last year that her Bureau would conduct studies with other bureaux and departments on new measures to reduce GHG emission, which include "the role of renewable energy in the electricity market after 2008", "waste-to-energy technology" and "improving the burning efficiency of coal-fired units". In this connection, will the Government inform this Council:
    (a)of the latest progress of the studies on the above three measures; and

    (b)whether it has other proposals to reduce GHG emission by power plants?
Public Officer to reply : Secretary for the Environment, Transport and Works

3. Hon CHEUNG Hok-ming to ask: (Translation)

With the population in Tung Chung New Town growing continuously, its demand for medical services has increased correspondingly. As there is a serious shortage of medical consultation services after dark and late at night in the district, the local residents who fall sick or suffer from acute illnesses late at night need to go to Princess Margaret Hospital in Kwai Chung for consultation and the travelling time is not less than 30 minutes. In this connection, will the Government inform this Council:
    (a)how it will follow up and solve the problem of shortage of such services late at night in the district;

    (b)whether it will consider providing round-the-clock such services at the Tung Chung Health Centre in the short term, so as to alleviate the demand of Tung Chung residents for such services; and

    (c)when the siting of Tung Chung Hospital will be finalized and when the construction of the hospital is expected to commence at the earliest and, before the completion of the hospital, whether the authorities will, in the light of the population changes in Tung Chung, review annually the demand of the local residents for medical services?
Public Officer to reply : Secretary for Health, Welfare and Food

4. Hon Patrick LAU Sau-shing to ask: (Translation)

Will the Government inform this Council whether it has any plans to plant trees and set up pedestrian boulevards in the central areas of the 18 districts of Hong Kong; if so, of the progress made in implementing such plans in these districts, as well as the specific proposals and timetables for fully implementing the relevant plans; if not, the reasons for that? Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that the Police is planning to gradually reduce or even cease the deployment of police officers to schools as School Liaison Officers ("SLOs") in order to save resources. In this respect, will the Government inform this Council:
    (a)of the respective numbers of primary and secondary school cases dealt with by SLOs each year since 2001, and the current average ratio of SLOs to students;

    (b)of the annual expenditure on the School Liaison Programme, the estimated amount saved per year after downsizing or cancelling the Programme and the percentage of the estimated savings against the total annual expenditure of the Police Force; and

    (c)whether the Police has assessed the impact of downsizing or cancelling the Programme on the prevention of campus violence and juvenile crimes; if it has, of the results; if not, the reasons for that?
Public Officer to reply : Secretary for Security

6. Hon Daniel LAM Wai-keung to ask: (Translation)

It is learnt that in some remote areas, there are inadequate public toilets and many of them are unhygienic and smelly aqua privies ("APs"). In this connection, will the Government inform this Council:
    (a)of the implementation timetable for the plan proposed at the end of last year to convert 100 APs into flushing toilets;

    (b)whether it has any long-term plans to convert all APs into flushing toilets in various districts of the New Territories and outlying islands, particularly Lamma Island and Tai O; and

    (c)whether it has plans to provide additional public toilets in areas frequented by visitors, such as Yuen Long, Sai Kung, exits of the Tung Chung MTR Station, Lamma Island and South Lantau; if so, of the timetable of the construction programme?
Public Officer to reply : Secretary for Health, Welfare and Food

*7. Hon Vincent FANG Kang to ask: (Translation)

In September this year, a Hong Kong businessman participating in an international shoe fair held in Dusseldorf of Germany was detained by the local police and was stripped naked and searched amid allegations of copyright infringement. All his exhibition items were also confiscated. The businessman was only allowed to take bail and leave Germany upon the intervention of the Bonn Office of the Embassy of the People's Republic of China in the Federal Republic of Germany. In this connection, will the Government inform this Council:
    (a)whether the Government's Economic and Trade Offices ("ETOs") in Geneva or Brussels provided immediate assistance to that businessman; if so, of the details of the assistance; if not, the reasons for that;

    (b)of the assistance rendered by the Government's ETOs overseas to those Hong Kong businessmen who are mal-treated in the course of trade activities conducted in cities where ETOs have been set up, and in what ways the Government will provide assistance to those Hong Kong businessmen who are mal-treated in other places; and

    (c)whether it knows if the Hong Kong Trade Development Council ("TDC") will provide assistance to those Hong Kong businessmen who are mal-treated in the course of overseas trade activities which are not organized by TDC; if it will, of the details of the assistance; if not, the reasons for that?
Public Officer to reply :Secretary for Economic Development and Labour
(in the absence of Secretary for Commerce, Industry and Technology)

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

It has been reported that an analgesic drug known as Vioxx was earlier confirmed as increasing the risk of heart attack and stroke in users, thus leading to an extensive recall initiated by the drug company concerned. However, the drug in question, which has been widely administered by medical practitioners in public hospitals and private clinics throughout Hong Kong, is still given to quite a number of patients after the drug company has announced the recall. In this connection, will the Government inform this Council whether the Hospital Authority and the Department of Health have:
    (a)followed up the recall of the drug and instructed medical practitioners to stop giving it to their patients;

    (b)instructed medical practitioners who have already given the drug to their patients to follow up the recall in order to prevent their patients from taking it further; and

    (c)established procedures to ensure that frontline medical practitioners are provided with clear guidelines for handling similar incidents involving questionable drugs?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Regarding the sick leave certificates issued by Chinese medicine practitioners ("CMPs"), will the Government inform this Council:
    (a)whether the government departments concerned and the Labour Advisory Board have discussed the reference guide on issuance of sick leave certificates by registered CMPs issued by the Chinese Medicine Council of Hong Kong in December last year; if they have, of their conclusions;

    (b)whether the authorities are studying legislative amendments to give statutory status to the sick leave certificates issued by CMPs; if so, of the progress of the study; if not, the reasons for that; and

    (c)as some employers worry that when sick leave certificates have acquired statutory status, they may be issued by CMPs indiscriminately, how the authorities will address these employers' concern?
Public Officer to reply : Secretary for Economic Development and Labour

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

It has been reported that the Government is planning to allow talented children and their families from the Mainland and overseas to apply for residence in Hong Kong, with a view to alleviating the ageing problem of the local population. In this connection, will the Government inform this Council:
    (a)of the number of such children it plans to admit per year, as well as their age and nationality requirements;

    (b)how the tuition payable by such talented children for studies in Hong Kong will compare to that paid by local children; and

    (c)of the measures to ensure that such talented children will stay in Hong Kong for development when they grow up?
Public Officer to reply : Secretary for Education and Manpower

*11. Hon Daniel LAM Wai-keung to ask: (Translation)

In the light of the outcome of stage 1 of the feasibility study and preliminary site investigation for land formation and infrastructure works for the prison development plan at Hei Ling Chau ("HLC"), the Government has pointed out that given strong public objection, it has decided to shelve the project for the time being and will explore alternative options to address the problem of prison overcrowding. In this connection, will the Government inform this Council:
    (a)whether the plan to build a prison complex at HLC is shelved temporarily or scrapped for good, and whether strong public objection will be a consideration in the selection of sites for new prisons in the future;

    (b)whether planning has been made for the future development of HLC since the shelving of the above plan; and

    (c)given that the Government has explored the redevelopment of the Lo Wu Correctional Institution in place of the HLC prison complex development plan, whether the redevelopment plan has been implemented, and what corresponding measures will be formulated to address the pressure on the law and order in the areas in the vicinity of the penal institution due to a several-fold sharp increase of the inmate population?
Public Officer to reply : Secretary for Security

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

Regarding traffic accidents involving public light buses ("PLB") in the past three years, will the Government provide a breakdown of such accidents by the number of years the PLB drivers concerned had held the relevant driving licence at the time of the accident as well as the causes of the accidents, and whether it has studied, in respect of traffic accidents attributable to various causes, the respective correlations between the relevant driving experience of PLB drivers and the incidence of accident; if so, of the conclusions drawn? Public Officer to reply : Secretary for the Environment, Transport and Works

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

With regard to cases in which residents in certain remote areas of Hong Kong cannot have clear reception of local free television programmes, will the Government inform this Council:
    (a)of the places in the territory with poor reception of free television programmes at present;

    (b)currently, in determining whether it should recommend the Broadcasting Authority to direct television stations to construct new television transposers, one of the criteria adopted by the Office of the Telecommunications Authority is that over 2 000 persons of the population within a radius of 3 kilometres of the location have television reception problems, whether the authorities will consider lowering the population requirement; if not, of the reasons for that; and

    (c)as it is learnt that some areas of the Guangdong Province can receive Hong Kong's free television programmes, whether the authorities know the reasons for that, and why, on the other hand, remote areas within the boundaries of Hong Kong cannot get good reception of such television programmes?
Public Officer to reply :Secretary for Economic Development and Labour
(in the absence of Secretary for Commerce, Industry and Technology)

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

It has been reported that the Unites States ("US") Department of Justice has earlier announced the biggest ever initiatives to combat piracy, recommending the deployment of Federal Bureau of Investigation agents and prosecutors in the US Consulate General in Hong Kong and US embassies in many countries where piracy is rampant, so as to follow up actions against piracy. In this connection, will the Government inform this Council whether:
    (a)it has followed up the above recommendation; if so, of the details; if not, the reasons for that;

    (b)it has assessed the seriousness of piracy activities in Hong Kong; if so, of the results, and whether they have shown that such activities are as rampant as described in the relevant US Government report; and

    (c)it has plans to further step up the actions against piracy; if so, of the details; if not, the reasons for that?
Public Officer to reply :Secretary for Economic Development and Labour
(in the absence of Secretary for Commerce, Industry and Technology)

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

It has been reported that as Southeast Asian countries are offering better quality goods at cheaper prices than Hong Kong, the local tourist industry has been under pressure in recent years. In this connection, will the Government inform this Council:
    (a)of the rates of increase/decrease in the number of inbound tourists from territories other than the Mainland in the past three years;

    (b)whether it has received any complaints about the lack of tourist attractions in Hong Kong in the past two years; if so, of the relevant details; and

    (c)of the measures it will take in the coming year to enhance the attractiveness of Hong Kong as a tourist destination?
Public Officer to reply : Secretary for Economic Development and Labour

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

Regarding the disposal of flats built under the Hunghom Peninsula Private Sector Participation Scheme and the Kingsford Terrace Private Sector Participation Scheme, will the Government inform this Council:
    (a)in deciding to sell the flats at Hunghom Peninsula, how it assessed the possible impact of that decision on environmental protection;

    (b)in putting up the flats at Kingsford Terrace for sale in the future, whether it will impose requirements such as prohibiting the demolition or reconstruction of the flats;

    (c)if the authorities will impose such requirements but did not do so when selling the flats at Hunghom Peninsula, whether the Secretary for Housing, Planning and Lands, being the principal official for this policy area, will shoulder the responsibility for such an omission; if he will, of the details; if not, the reasons for that; and

    (d)if the authorities will not impose such requirements, how they can ensure that the flats at Kingsford Terrace will not be demolished or reconstructed after they have been sold?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

Regarding the application of the object positioning technologies ("OPT"), will the Executive Authorities inform this Council:
    (a)of the current application of OPT in the Civil Aid Service, the Highways Department and the Transport Department;

    (b)whether the Automatic Vehicle Location System of the Third Generation Mobilizing System of the Fire Services Department as well as the Third Generation Command and Control Communication System of the Hong Kong Police Force, which have made use of OPT, can be implemented as scheduled; if not, of the reasons for that and how the difficulties concerned are to be solved;

    (c)whether the Digital Trade and Transportation Network System being developed by the Hong Kong Logistics Development Council has made use of OPT; if not, of the reasons for that;

    (d)whether they have studied the positive and negative overseas experience in the development and application of OPT; if so, of the results;

    (e)whether they have studied the merits of applying OPT to the mass transit system, the logistics sector and staff deployment in the disciplined services in Hong Kong; if so, of the results; if not, the reasons for that; and

    (f)whether they will collaborate with community organizations in examining, from a holistic, multi-faceted and more open-minded perspective the impacts of the application of OPT on the economic development and high-tech industries in Hong Kong, as well as the difficulties to be encountered in applying OPT and the solutions to such difficulties; if so, of the details; if not, the reasons for that?
Public Officer to reply :Secretary for Economic Development and Labour
(in the absence of Secretary for Commerce, Industry and Technology)

*18. Hon Emily LAU to ask:

The Central Policy Unit ("CPU") commissioned the Mercado Solutions Associates Ltd to conduct a survey on the number of persons who participated in the procession held on April 11 this year in protest against the decision of the Standing Committee of the National People's Congress on the election of the Chief Executive and Members of the Legislative Council in 2007 and 2008 by universal suffrage. In this connection, will the Executive Authorities inform this Council:
    (a)of the amount of money paid to the company for conducting the survey; and

    (b)given that the company has been severely criticized by some members of the public as under-counting the number of participants in the said procession, of the reasons for CPU's commissioning the company last month to do a survey with a contract value of $1 million?
Public Officer to reply : Chief Secretary for Administration

*19. Hon Abraham SHEK to ask: (Translation)

It has been reported that the housing units in Tin Chak Estate and Fu Tai Estate built by the Housing Department ("HD") for use under the Housing for Senior Citizens Scheme ("HSC") at the end of 2000 and the beginning of 2001 respectively have been left vacant for more than three years due to poor response. The estimated rental forgone amounted to about $7 million. HD has stated that the HSC units in Fu Tai Estate were leased out and converted into a home for the aged in April this year, while those in Tin Chak Estate, which have all along not been taken up, were re-assigned as public rental housing in September this year for allocation to non-elderly applicants. In this connection, will the Government inform this Council:
    (a)of the number of HSC units under HD in each of the past five years, their vacancy rates and the names of estates where such units are located;

    (b)whether it has reviewed the reasons for the high vacancy rate of HSC units; if so, of the review results; if not, the reasons for that; and

    (c)given that the housing demand of the elderly will be increasingly pressing as the population ages, whether the authorities will consider constructing more HSC units, providing relevant additional ancillary facilities, relaxing the eligibility criteria for admission to such units, refurbishing such units regularly, and offering rent allowance to attract low-income senior citizens to apply for such units; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

Regarding in-service recruitment exercises conducted by government departments, will the Government inform this Council:
    (a)of the government departments which have conducted in-service recruitment exercises since 2000; the titles of the posts, the number of vacancies and the terms of employment involved; and the government departments facing staff loss as a result of such recruitment exercises;

    (b)of the government departments which have implemented and are planning to conduct in-service recruitment exercises between now and 31 March 2006; and the titles of the posts, the number of vacancies, the terms of employment and the recruitment dates involved;

    (c)of the number of complaints received in relation to in-service recruitment exercises launched by government departments since 2000; the departments and posts involved, the reasons for and outcome of these complaints;

    (d)of the reasons and criteria for conducting in-service recruitment exercises by government departments, the departments and posts for which such exercises may be conducted, and details of the relevant guidelines in this respect; and

    (e)whether it has conducted a comprehensive review on matters such as the effectiveness, pros and cons and fairness of in-service recruitment arrangements made by government departments; if it has, of the results; if not, the reasons for that?
Public Officer to reply : Secretary for the Civil Service

*For written reply.

III. Members' Motions

  1. Expectations for Policy Address

    Dr Hon YEUNG Sum: (Translation)

    That this Council urges the Government to prudently consider the expectations of the Members of this Council for the 2005 Policy Address.

    Public Officer to attend : Chief Secretary for Administration

  2. Enhancing the safety of railway and road traffic

    Hon Andrew CHENG: (Translation)

    That this Council expresses regret about the frequent disruptions or delays that have occurred in recent months in the railway services provided by the MTR Corporation Limited and the Kowloon-Canton Railway Corporation, which affected railway commuters; furthermore, as the recent spate of serious traffic accidents involving public light buses (PLBs) have caused casualties, the safety of school buses has long been a matter of public concern, and the excessively long working hours of drivers of franchised buses have also aroused public concern about the safety of buses, this Council urges the Government to adopt the following measures to enhance the safety of railway and road traffic:

    in respect of the safety of railway -

    (a)to appoint an independent investigation body to conduct independent investigations into the disruptions or delays that occurred between July and October 2004 in the two railway corporations' train services;

    (b)to study amendments to the Mass Transit Railway Ordinance and the Kowloon-Canton Railway Corporation Ordinance to stipulate clear criteria in respect of defaults by the two railway corporations, and to introduce a demerit points system for disruptions or delays in train services, whereby penalties may be imposed on the railway corporations concerned when the demerit points they incur exceed the prescribed limit within a specified period;

    (c)to comprehensively review the impact of outsourcing maintenance works on the train services provided by the two railway corporations;

    in respect of the safety of road traffic -

    (d)to amend the Road Traffic (Driving-offence Points) Ordinance to increase the driving-offence points (DOP) for the offence of "failing to comply with traffic signals" under the DOP system;

    (e)to install red light cameras at all traffic black spots which have a high incidence of red light jumping;

    (f)to explore the feasibility of installing countdown displays on the traffic signal system;

    in respect of the safety of PLBs -

    (g)to study legislative amendments to require the mandatory installation on all PLBs of a speed display device with recording function;

    (h)to study the conversion of all red minibuses to green minibus operation so as to facilitate the regulation of their operation;

    in respect of the safety of school buses -

    (i)to explore the feasibility of installing seat belts for all school buses; and

    in respect of the safety of franchised bus operation -

    (j)to consider revising the Guidelines on Working Schedule for Bus Drivers issued by the Transport Department, which should include the following:

    (i)the maximum hours of duty (including all breaks) per day should be reduced from not exceeding 14 hours to 10 hours;

    (ii)the hours of driving duty per day should be reduced from not exceeding 11 hours to eight hours;

    (iii)the timing of meal breaks for drivers should not deviate from the normal biological clock of human beings; and

    (iv)duty schedules should be issued to drivers at least seven days in advance.

    Amendments to Hon Andrew CHENG's motion
    (i)Hon Miriam LAU: (Translation)

    To delete "as" after "furthermore," and substitute with "in view of"; to delete "involving public light buses (PLBs) have caused casualties, the safety of school buses has long been a matter of public concern, and the excessively long working hours of drivers of franchised buses have also aroused public concern about the safety of buses" after "serious traffic accidents"; to add "immediately press the two railway corporations to make every effort to raise the safety and reliability of their services, work in concert and in co-operation with the transport industry to" after "this Council urges the Government to"; to delete "the following" after "adopt" and substitute with "comprehensive"; to delete all the words and punctuations after "safety of railway and road traffic" and substitute with ", and conduct effective publicity and education activities to enhance road users' awareness of safety, thereby reducing the incidence of accidents".

    (ii)Hon LAU Kong-wah: (Translation)

    To delete "the following" after "to adopt" and substitute with "vigorous"; to add "to increase the penalties in this regard, strengthen its monitoring work to ensure the safe operation of public transport operators, step up publicity and education and improve the road safety facilities, so as" after "measures"; to add ", and such measures should include the following" after "railway and road traffic"; to add "(d) to strictly monitor the improvement works undertaken by the two railway corporations, issue written warnings to the railway corporations concerned in the event of successive railway failures, demanding them to expeditiously and thoroughly rectify the problem of frequent railway failures and, where necessary, impose penalties on the railway corporations concerned by exercising the powers conferred by law;" after "provided by the two railway corporations;"; to delete the original "(d)" and substitute with "(e)"; to delete the original "(e)" and substitute with "(f)"; to delete "which have a high incidence of" after "all traffic black spots" and substitute with "where"; to add "has been spotted" after "red light jumping"; to delete the original "(f)" and substitute with "(g)"; to delete the original "(g)" and substitute with "(h)"; to add "as well as an external indicator light to enable monitoring by law enforcement officers" after "recording function"; to delete the original "(h)" and substitute with "(i)"; to add "through the offer of incentives," after "green minibus operation"; to add "(j) to consider tightening up the conditions for issuing the PLB driving licence and raising to five years the requirement of three years for which an applicant should have held a private car driving licence;" after "the regulation of their operation;"; to delete the original "(i)" and substitute with "(k)"; to delete "and" after "seat belts for all school buses;"; to delete the original "(j)" and substitute with "(l)"; and to add "; in respect of publicity and education - (m) to organize large-scale road safety campaigns to enhance road users' awareness of road safety; in respect of road safety facilities - (n) to install additional traffic signs or road markings on the road sections containing traffic pitfalls so as to alert motorists; and (o) to provide more pedestrian aids on the road sections where traffic is heavy to ensure safety" after "seven days in advance".

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

Clerk to the Legislative Council