A 05/06-25

Legislative Council

Agenda

Wednesday 3 May 2006 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
Reserved Commodities Ordinance (Amendment of Schedules 1 and 2) Notice 2006 72/2006

Other Papers

1. No.90 - Audited Statement of Accounts of the Early Retirement Ex-gratia Payment Fund for Aided Primary School Teachers together with the Director of Audit's Report for the year ended 31 August 2005
(to be presented by Secretary for Education and Manpower)

2. Report of the Bills Committee on Public Health and Municipal Services (Amendment) Bill 2005
(to be presented by Hon Fred LI, Chairman of the Bills Committee)

II. Questions

1. Dr Hon Fernando CHEUNG to ask: (Translation)

The Health, Welfare and Food Bureau indicated last year that the Government intended to review the effectiveness of the operation of Integrated Family Service Centres ("IFSCs") one year after the completion of the re-engineering of IFSCs. In this connection, will the Government inform this Council:

    (a) of the exact time for conducting the above review, the criteria for deciding the institute to be appointed for conducting the review, the details of the review, and whether it will discuss with the organizations operating IFSCs the timetable for the review;

    (b) whether the above review will include an assessment on whether the specific services (such as Single Parent Centres and Post-migration Centres) closed during the re-engineering exercise can be completely replaced by services provided by IFSCs; and

    (c) how it will review the various pressures faced by front-line staff in IFSCs, such as overtime work and manpower wastage?
Public Officer to reply : Secretary for Health, Welfare and Food

2. Hon Miriam LAU to ask: (Translation)

On the 9th of last month, a fire ball suddenly burst out of a container carrying plastic materials when a worker was opening its doors. Both he and another worker were seriously burnt. In this connection, will the Government inform this Council:

    (a) of the number of containers onto which plastic materials or waste were loaded or from which such materials or waste were unloaded in Hong Kong, and the number of similar incidents that occurred, in each of the past three years; and

    (b) whether the safety aspects involved in using containers for transporting plastic materials and waste are subject to regulation under existing legislation; if so, of the relevant details; if not, whether legislation will be enacted in this respect?
Public Officers to reply : Secretary for Security
Secretary for Economic Development and Labour

3. Hon Audrey EU to ask: (Translation)

It has been reported that members of the Harbour-front Enhancement Committee ("HEC") have recently been informed by the Government that their term of office will expire at the end of June 2007 so as not to exceed that of the incumbent Secretary for Housing, Planning and Lands. In this connection, will the Government inform this Council:

    (a) of the reasons for HEC members' term of office not being able to exceed that of the relevant director of bureau under the accountability system;

    (b) whether there is any guideline which requires that the term of office of members of an advisory committee must not exceed that of the relevant director of bureau under the accountability system; if there is, whether such requirement applies to all advisory committees; and

    (c) whether the authorities plan to dissolve HEC at the end of June 2007; if so, of the organization to be responsible for advising the Government on the planning, land use and developments along the existing and new harbour-front of Victoria Harbour, and the means to enhance public participation in the planning and design of the harbour-front; and how to ensure that the community will continue participating in the planning of Victoria Harbour?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

In late 2004, the Administration referred to the Labour Advisory Board ("LAB") for examination the subject on implementing the statutory minimum wage in Hong Kong. The Chief Executive stated in last November that the subject would be referred to the Commission on Strategic Development ("CSD") for discussion if LAB could not reach any consensus on it by the middle of this year. In this connection, will the Government inform this Council:

    (a) of the progress of LAB's discussion on implementing the statutory minimum wage;

    (b) as it is stipulated in the provisions of the Trade Boards Ordinance (Cap. 63, Laws of Hong Kong) that, if the Chief Executive in Council is satisfied that the minimum rates of wages being paid to any persons employed in any trade are unreasonably low, he can fix minimum rates of wages for such trade with reference to the inquiry report submitted by the trade board established for this purpose, whether it has informed LAB of the contents of these provisions; if it has, of the views of LAB members; if not, the reasons for that; and

    (c) whether it has made preparations for refering the subject to CSD immediately if LAB fails to reach a consensus on it by the middle of this year, and how much time will be given for CSD to discuss?
Public Officer to reply : Secretary for Economic Development and Labour

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

In recent years, when carrying out building renovation or alternation works, many construction works contractors casually placed cargo compartments at roadsides for use as temporary storage for construction wastes. There have been complaints that such cargo compartments block traffic flow and will likely cause traffic accidents. Moreover, the dust and grit contain therein will easily pollute the environment and pose safety threats to pedestrians. In this connection, will the Government inform this Council:

    (a) of the respective numbers of such complaints received, enforcement and prosecution actions taken by each of the departments concerned, as well as the number of persons convicted and the penalties imposed on them in each of the past three years; and

    (b) whether the Government has implemented any new initiatives to improve the situation since this Council raised a question on the placing of cargo compartments at roadsides in December 2003; if it has, of the details of the initiatives; if not, the reasons for that?
Public Officer to reply : Secretary for Housing, Planning and Lands

6. Hon Martin LEE to ask: (Translation)

As Hong Kong's population is aging, will the Government inform this Council whether:

    (a) it has studied the impacts of extending the retirement age on the local community, economy and labour force, including those on the Mandatory Provident Fund system and the civil service; if so, of the findings; if not, the reasons for that; and

    (b) the Task Force on Population Policy will make any recommendations regarding the extension of the retirement age?
Public Officer to reply : Secretary for Economic Development and Labour

*7. Hon James TO to ask: (Translation)

The Government announced earlier that it would deck over 16 sections of nullahs throughout Hong Kong by three stages, and the works on the first stage have started. However, the decking of Lung Chu Street Nullah at Tai Hang Tung has recently aroused widespread disputes as the works involve felling of rare trees on stone walls. Some green groups opine that the Government should consider alternative works options to prevent rare trees from being sacrificed. In this connection, will the Government inform this Council:

    (a) of the species and numbers of trees which are affected by such works and require relocation, broken down by the 16 decking works;

    (b) whether the authorities will consider replacing those of the 16 decking works which involve relocating precious trees by alternative works options or amending the scope of such works, in order to preserve rare trees; if they will, of the names of the decking works concerned; and

    (c) whether the authorities have assessed, in the past two years, if existing legislation is sufficient for protecting trees; if they have, of the assessment results, and whether they will consider enacting legislation on tree protection; if they will, of the details; if they will not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

The Administration announced in 1991 that subvented tertiary institutions should aim at recovering 18% of costs from tuition from the 1997-98 academic year onward. In this connection, will the Government inform this Council:

    (a) whether the above policy is still in force; if so, how it ensures that the institutions follow the policy when determining tuition; if not, of the time when the policy was changed and the reasons therefor, and whether the new percentage has been announced;

    (b) of the average cost and tuition for each place and the percentage of tuition against the cost in respect of each of the past five years, broken down by academic level and institution; and

    (c) whether the tuition charged in the past five years by the institutions has exceeded the above percentage; if so,

    (i) of the reasons and details regarding the overcharge;

    (ii) whether the relevant institutions have breached the above policy; and

    (iii) whether it will request the relevant institutions to bring the tuition down to the above percentage immediately and return the overcharged amount; if it will, of the details of the request; if not, the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

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

Will the Government inform this Council of:

    (a) the number of applications for installation of street lights in villages in Hong Kong which are being processed currently, and the proposed locations for installation; and

    (b) the estimated time required for completing the assessment of the above applications and the relevant installation works, the annual progress of assessing such applications and implementing the works, as well as the amount of expenditure on such works?
Public Officer to reply : Secretary for Home Affairs

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

Every year, during the Ching Ming, Easter and Chung Yeung holidays as well as on several preceding and following weekends, the Transport Department closes to all vehicular traffic the access road leading to the Junk Bay Chinese Permanent Cemetery. As a result, grave-sweepers have to walk about 1.3 kilometres uphill to the Cemetery. It has been reported that on the day of the Ching Ming Festival this year, thousands of old and young people went to the Cemetery to pay respects to their ancestors, but more than ten of them fell on the way or felt sick in the heat of the day. In this connection, will the Government inform this Council:

    (a) of the average number of visitors to the Cemetery for grave-sweeping on each of the road closure days this year; and

    (b) how it will improve the traffic arrangements for access to the Cemetery, and whether it will consider the suggestions of the local community, such as providing a uphill escalator, a pedestrian link to Tiu Keng Leng MTR Station, or another vehicle access road; if it will consider, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

*11. Hon WONG Ting-kwong to ask: (Translation)

It has been reported that the rail freight volume handled by Hong Kong has been dropping year after year, from 2 200 000 tonnes in 1989 to 210 000 tonnes in 2005. Moreover, the Freight Department of the Kowloon-Canton Railway Corporation ("KCRC") closed six of its Mainland offices earlier this year and only its Shenzhen office has been retained. In this connection, will the Government inform this Council whether:

    (a) KCRC has reviewed the company's persistent yearly drop in rail freight volume; if it has, of the details; if not, the reasons for that;

    (b) KCRC has downsized its freight business; if it has, of the details; and

    (c) it will consider formulating measures to enhance the competitiveness of Hong Kong's rail freight service, including discussing with the State Ministry of Railways the joint development of cross-boundary rail freight service; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

*12. Hon Howard YOUNG to ask: (Translation)

It is learnt that a number of hotels in Hong Kong have started business one after another recently and up to 52 hotels will be opened in Macau in the coming six years, which has prompted a shortage of manpower, particularly the senior management staff, in Hong Kong's hotel industry. In this connection, will the Government inform this Council:

    (a) whether it has assessed the demand and supply of manpower in Hong Kong's hotel industry in the next five years; if it has, of the assessment results; if not, the reasons for that; and

    (b) of the measures in the short, medium and long terms to alleviate the problem of manpower shortage in the hotel industry?
Public Officer to reply : Secretary for Economic Development and Labour

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

It had been reported that the Vice Minister of the State Ministry of Education indicated in Beijing that Hong Kong students enrolled in Mainland universities will pay the same tuition as their Mainland counterparts starting from this autumn. He believed that, with the reduction in the tuition, more Hong Kong students would choose to pursue their studies in the Mainland. In this connection, will the Government inform this Council whether:

    (a) it has conducted any survey on the number of Hong Kong students studying at Mainland universities, the subjects studied, the cities where the universities are located and the post-graduation profile of these students (including returning to Hong Kong or seeking employment in the Mainland, etc) in each of the past five years; if it has, of the survey results; if not, the reasons for that;

    (b) the academic qualifications of Hong Kong graduates from Mainland universities, who return to seek employment in Hong Kong, are recognized by local employers, and whether the academic qualifications of graduates from Mainland universities are recognized as those of the local university graduates when they apply for civil service posts or sit for qualifying examinations of professional qualifications in Hong Kong; if not, the relevant details; and

    (c) it has assessed the impact of the tuition reduction arrangements on Hong Kong students' decision to study at Mainland universities; if so, of the assessment results; whether loans will be provided for Hong Kong students who study in the Mainland; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

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

Some patients with periodontal disease have complained to me that Government dental clinics have refused to provide treatment for such dental disease as it is outside the scope of their services. Regarding services provided under the public medical system, will the Government inform this Council:

    (a) of the existing criteria for determining whether medical services for certain diseases are to be provided in the public medical system;

    (b) whether it has regularly reviewed the above criteria; if it has, of the outcome of the review; if not, the reasons for that; and

    (c) where medical services are not provided for certain diseases under the public medical system, whether the authorities will, through subsidy or other means, help the patients seek treatment from the private medical system; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Health, Welfare and Food

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

With effect from 1 July 2000, a driver is prohibited by law from using any mobile telephone or other telecommunication equipment while holding it in his hand when the vehicle being driven by him is in motion. In this connection, will the Government inform this Council:

    (a) of the number of traffic accidents with casualties in each of the past three years which occurred while the drivers concerned were using mobile telephones held in their hands, and whether there is an upward trend in the number of such accidents;

    (b) of the up-to-date number of people prosecuted so far for breaching the relevant law; and

    (c) whether the Police will step up enforcement in this respect?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that copper fresh water pipes laid in the public area and sheathed with plastic can still be found in certain public housing blocks completed in or before 1996. Such plastic sheathing emits toxic gases when burned, and hence is not in compliance with the current fire safety requirements. In this connection, will the Government inform this Council:

    (a) of the current number of public housing estates with such fresh water pipes, their names as well as the numbers of blocks and households involved in each of the estates;

    (b) whether it will consider immediately removing the plastic sheathing of the existing water pipes to abate the potential fire safety hazards;

    (c) whether the Housing Department will expeditiously replace all such fresh water pipes; if so, of the works schedule; if not, the reasons for that; and

    (d) whether the authorities will consider bringing the buildings of the Housing Authority under the ambit of the Buildings Ordinance, so as to allow the Buildings Department to monitor the building materials used by the former?
Public Officer to reply : Secretary for Housing, Planning and Lands

*17. Hon SIN Chung-kai to ask: (Translation)

Will the Government inform this Council whether Internet Protocol ("IP") addresses are regarded as a type of the "personal data" so defined in the Personal Data (Privacy) Ordinance (Cap. 486); if so, of the justifications; if not, whether the Government will review the Ordinance and adopt measures to prohibit the disclosure of IP addresses to third parties without the authorization of the owners? Public Officer to reply : Secretary for Home Affairs

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

Regarding the specialist out-patient services at public hospitals, will the Government inform this Council whether it knows:

    (a) the ten specialist out-patient services with the longest average waiting time for new cases at present, and the reasons for the relatively longer waiting time required;

    (b) for each of the above ten specialist out-patient services in each of the past three years, the respective numbers of new cases in Hong Kong as a whole and in each hospital cluster, the average and longest waiting time for new cases, the patients' absence rate for scheduled appointments, and the ratio of medical practitioners and nurses to new cases; and

    (c) if the Hospital Authority plans to shorten the relevant waiting time; if so, of the details of the plan?
Public Officer to reply : Secretary for Health, Welfare and Food

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

In reply to my question at the Council meeting on 8 December 2004, the Government advised that it would continue to combat illegal practices employed by debt collection agencies ("DCAs"). However, I have learnt that there is a deteriorating trend in the harassment of members of the public by DCAs in recovering debts. Apart from banks, finance companies and telecommunications companies, recently some beauty service companies and tutorial teachers have also hired DCAs to collect money owed by their customers, causing many people to suffer harassment. In this connection, will the Government inform this Council:

    (a) of the number of cases reported by the public to the police since December 2004 about harassment by DCAs, and how the figure compares to those in the preceding two years;

    (b) whether the authorities will reconsider accepting the Law Reform Commission's recommendations in 2002 on creating an offence of harassment of debtors and others and introducing a statutory licensing system; if so, of the details; if not, the reasons for that; and

    (c) whether it will consider stepping up law enforcement actions to curb the harassing practices of DCAs; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

*20. Dr Hon KWOK Ka-ki to ask: (Translation)

Regarding the control and abuse of drugs containing Codeine, will the Government inform this Council:

    (a) of the quantities of drugs containing not less than 0.2% of Codeine that have been sold by private registered pharmacies, private hospitals, public hospitals or clinics and registered medical practitioners each year since 2001;

    (b) as the authorities amended the legislation in November 2005 to require that pharmaceutical products containing not less than 0.2% of Codeine must be sold in pharmacies under the supervision of registered pharmacists and in their presence, with the support of prescriptions, whether the Department of Health has stepped up the inspection of pharmacies in order to ensure that the drugs concerned are sold according to the above requirement; if it has, of the details of inspection;

    (c) whether research has been conducted on the reasons for the rising trend in the abuse of drug containing Codeine since 2001; and

    (d) of the effectiveness of drug addiction treatment and rehabilitation services operated or funded by the Department of Health, Social Welfare Department, Hospital Authority and non-government organizations for persons who abuse drugs containing Codeine?
Public Officer to reply : Secretary for Health, Welfare and Food

*For written reply.

III.
Bills

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

1. St. Stephen's College Incorporation (Change of Name of the Council of St. Stephen's College and General Amendments) Bill 2005 : Secretary for Education and Manpower

2. Births, Deaths and Marriages (Digital Image) Bill : Secretary for Security

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

IV.
Motions
  1. Proposed resolution under the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and the Hong Kong Court of Final Appeal Ordinance

    Chief Secretary for Administration to move the following motion:

    Resolved that the appointment of -

    (a) Mr Michael McHugh; and

    (b) the Right Honourable Thomas Munro Gault,

    as judges of the Hong Kong Court of Final Appeal from other common law jurisdictions pursuant to section 9 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) be endorsed.

  2. Proposed resolution under the Legal Aid Ordinance

    Chief Secretary for Administration to move the following motion:

    Resolved -

    (a) that the Legal Aid Ordinance (Cap. 91) be amended -

    (i) in section 5(1), by repealing "$155,800" and substituting "$158,300";

    (ii) in section 5A(b) -

    (A) by repealing "$155,800" and substituting "$158,300";

    (B) by repealing "$432,900" and substituting "$439,800"; and

    (b) that this Resolution shall come into operation on a day to be appointed by the Director of Administration by notice published in the Gazette.
V. Members' Motions

  1. The 4 June incident

    Hon Albert HO: (Translation)

    That this Council urges that: the 4 June incident be not forgotten and the 1989 pro-democracy movement be vindicated.

  2. Maintaining the competitive edge of Hong Kong

    Hon TAM Heung-man: (Translation)

    That, as a report on the competitiveness of Chinese cities published earlier indicates that although Hong Kong's overall competitiveness still ranks first within China, its competitive edge is dwindling, this Council urges the Government to face up to this trend and to:

    (a) expeditiously enact a cross-sector fair competition law and set up an independent fair competition commission with real powers to enforce the law;

    (b) formulate a comprehensive manpower policy to attract overseas talents to Hong Kong; and to enhance the quality of education in such areas as tertiary education and language education, so as to train up more local professionals with a view to alleviating the pressure of shortage of talents in Hong Kong;

    (c) perfect the policy on pollution management with a view to improving the air quality and environment in the territory;

    (d) expedite the review of Hong Kong's taxation policy; and

    (e) endeavour to protect Hong Kong people's freedoms in various aspects and uphold the rule of law in Hong Kong,

    so as to further enhance Hong Kong's competitiveness and maintain its competitive edge.

    Amendments to motion
    (i) Hon CHAN Yuen-han: (Translation)

    To add "there are recent concerns that Hong Kong may be marginalized, and" after "That, as"; to add "formulate a multi-faceted strategy for the development of industries and, in addition to developing the financial, tourism and logistics industries, promote other industries that are suitable for development in Hong Kong, such as the manufacturing, agricultural and fisheries, and cultural and creative industries; (b) enhance various measures to encourage the industrial and commercial sectors to increase their investment in innovation and technology; (c) abandon the land policy that over-relies on real estate, so as to create an environment in which various industries can enjoy equal development opportunities in Hong Kong; (d)" after "(a)"; to delete the original "(b)" and substitute with "(e)"; to delete the original "(c)" and substitute with "(f)"; to delete the original "(d)" and substitute with "(g)"; and to delete the original "(e)" and substitute with "(h)".

    (ii) Hon Andrew LEUNG Kwan-yuen: (Translation)

    To delete "its competitive edge is dwindling" after "still ranks first within China," and substitute with "its capacity for economic growth is obviously inadequate among 200 cities in China, and the rapid development of mainland cities has also brought about a series of challenges to Hong Kong; to enhance competitiveness"; to delete "face up to this trend and to" after "this Council urges the Government to" and substitute with "adopt the following measures"; to delete "(a) expeditiously enact a cross-sector fair competition law and set up an independent fair competition commission with real powers to enforce the law;" and substitute with "(a) establishing a regional policy focusing on enhancing Hong Kong's competitiveness, and stepping up the studies on global and national competitiveness and the implementation of relevant policies; (b) strengthening the links and resources integration with the Pearl River Delta and the entire country, including enhancing the division of work and coordination with neighbouring areas; (c) improving the air quality, and perfecting the environment as well as such services as medical, education, housing and transport, and related facilities;"; to delete the original "(b)" and substitute with "(d)"; to delete "formulate" before "a comprehensive manpower policy" and substitute with "formulating"; to delete "overseas talents to" after "to attract" and substitute with "talents from outside"; to delete "to enhance" after "Hong Kong; and" and substitute with "enhancing"; to delete "(c) perfect the policy on pollution management with a view to improving the air quality and environment in the territory; (d) expedite the review of Hong Kong's taxation policy; and" and substitute with "(e) encouraging enterprises to develop creative industries as well as new and high technology, with a view to enhancing the competitiveness of the local manufacturing industry;"; to delete the original "(e)" and substitute with "(f)"; to delete "endeavour to protect" before "Hong Kong people's freedoms" and substitute with "continuing to give play to Hong Kong's original competitive edge, including maintaining a clean and highly efficient government, protecting"; to delete "and uphold" after "in various aspects" and substitute with ", upholding"; and to add "and ensuring social harmony and stability; (g) endeavouring to maintain Hong Kong's simple and low tax regime; and (h) expeditiously enacting a civil fair competition law, and setting up an independent fair competition commission with real powers to enforce the law" after "the rule of law in Hong Kong".

    Amendment to Hon Andrew LEUNG Kwan-yuen's amendment
    Hon SIN Chung-kai:     (Translation)

    To delete "civil" after "(h) expeditiously enacting a" and substitute with "cross-sector".

    (iii) Dr Hon YEUNG Sum: (Translation)

    To add ", and according to the Growth Competitiveness Index rankings published by the World Economic Forum in September last year, Hong Kong's ranking has plunged from the 21st in 2004 to the 28th" after "its competitive edge is dwindling"; to add ", expeditiously implement small class teaching, integrate pre-school education into subsidized education with a view to improving the quality of basic education" after "overseas talents to Hong Kong" ; to add "high-quality" after "train up more"; to delete "and" after "taxation policy;"; and to add "; and (f) expeditiously introduce a democratic political system under which the Chief Executive and all Members of the Legislative Council are returned by universal suffrage, in order to ensure that the Government will pay heed to public opinions and take forward the above policies, thereby creating a business environment that is fair and conducive to the overall development of the community" after "rule of law in Hong Kong".

    (iv) Hon CHAN Kam-lam: (Translation)

    To add "enhance Hong Kong's ability in autonomous innovation and draw up new industrial policies to guide and promote the development of new industries with good potentials, so as to cultivate new areas of growth for Hong Kong's economy; (b)" after "(a)"; to delete "enact" after "expeditiously" and substitute with "study the feasibility of enacting"; to delete "set" after "a cross-sector fair competition law and" and substitute with "setting"; to delete "to enforce the law" after "with real powers" and substitute with "based on extensive consultation with various sectors of the community"; to delete the original "(b)" and substitute with "(c)"; to delete the original "(c)" and substitute with "(d)"; to add "and green conservation" after "perfect the policy on pollution management"; to delete the original "(d)" and substitute with "(e)"; to add "with a view to improving the business environment in the territory" after "Hong Kong's taxation policy"; and to delete the original "(e)" and substitute with "(f)".

    Public Officer to attend : Secretary for Financial Services and the Treasury
Clerk to the Legislative Council