A 05/06-34

Legislative Council

Agenda

Wednesday 5 July 2006 at 11:00 am



I. Tabling of Papers

1.No. 95-Hong Kong Trade Development Council Annual Report 2005/06
(to be presented by Secretary for Commerce, Industry and Technology)

2.No. 96-Independent Commission Against Corruption Complaints Committee Annual Report 2005
(to be presented by Hon Tommy CHEUNG, who will address the Council)

3.No. 97-Independent Commission Against Corruption Hong Kong Special Administrative Region Annual Report 2005
(to be presented by Hon SIN Chung-kai, who will address the Council)

4.No. 98-Airport Authority Hong Kong Annual Report 2005/2006
(to be presented by Financial Secretary)

5.No. 99-Report of the Independent Police Complaints Council 2005
(to be presented by Hon Alan LEONG Kah-kit, who will address the Council)

6.No. 100-The Eighteenth Annual Report of The Ombudsman, Hong Kong (June 2006)
(to be presented by Chief Secretary for Administration)

7.Report of the Panel on Manpower 2005/2006
(to be presented by Hon LAU Chin-shek, Chairman of the Panel, who will address the Council)

8.Report of the Panel on Home Affairs 2005/2006
(to be presented by Hon Tommy CHEUNG, Chairman of the Panel, who will address the Council)

9.Report of the Panel on Security 2005/2006
(to be presented by Hon James TO, Chairman of the Panel, who will address the Council)

10.Report of the Panel on Constitutional Affairs 2005/2006
(to be presented by Dr Hon LUI Ming-wah, Chairman of the Panel, who will address the Council)

11.Report of the Panel on Food Safety and Environmental Hygiene 2005/2006
(to be presented by Hon Fred LI, Chairman of the Panel, who will address the Council)

12.Report on Women in Poverty by the Subcommittee to Study the Subject of Combating Poverty
(to be presented by Hon Frederick FUNG, Chairman of the Subcommittee)

II. Questions

1. Hon Andrew LEUNG Kwan-yuen to ask: (Translation)

In connection with environmentally-friendly fuel for vehicles and the introduction of electric-petroleum hybrid saloon cars ("hybrid saloons") by the Government, will the Government inform this Council:
    (a)of the latest progress of the commissioning test and the preliminary data on repair and maintenance and operational efficiency of hybrid saloons;

    (b)as motor car dealers have received an increasing number of enquiries about hybrid saloons over the past year, and various brands of hybrid saloons are available in the market for the public to choose from, whether the Government has any plans to introduce policies or measures as soon as possible to encourage the public to use this type of environmentally-friendly vehicles; and

    (c)whether it will introduce new policies such as permitting the use of such environmentally-friendly alternative fuels as ethanol gasoline on motor vehicles and exempting them from motor spirit duty, in order to encourage oil companies to introduce environmentally-friendly fuels so that environmentally conscious drivers will have another option?
Public Officer to reply: Secretary for the Environment, Transport and Works

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

The Hong Kong Government announced on 9 June this year that, provided normal immigration requirements are met, holders of a valid "Mainland Travel Permit for Taiwan Residents" with a valid entry/exit endorsement for the Mainland may, apart from transiting Hong Kong, also visit Hong Kong and stay for up to seven days. In this connection, will the Government inform this Council whether it will consider relaxing the immigration requirements for Chinese nationals with a foreign right of abode, including the People's Republic of China passport holders residing in such countries as Japan and the Philippines, so that they may be treated in the same way as Taiwan residents; if it will, of the details of the relevant entry arrangement and the timetable for implementation; if not, the reasons for that?

Public Officer to reply: Secretary for Security

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

Early last month, an old lady was allegedly killed by her husband. It was reported that the Social Welfare Department ("SWD") had been handling the case of this couple since 2000, and that the victim had turned to the Police for assistance a few times. In connection with the handling of this case by various government departments, will the Government inform this Council:
    (a)whether SWD staff had taken active intervention measures in the past six years, such as proposing to the victim that she moved to another public rental housing unit under the conditional tenancy scheme, and of the date on which SWD staff last contacted the couple;

    (b)of the number of times the Police received reports from the victim, and how the Police handled the case each time; and

    (c)whether SWD staff had recommended to the Housing Department ("HD") that the victim be granted compassionate rehousing so that she could live away from her husband, and the criteria adopted by SWD for deciding whether or not to make the recommendation; the date on which HD staff first contacted the couple about splitting their household, how HD handled the splitting application, and whether HD will review the relevant policy?
Public Officer to reply: Secretary for Health, Welfare and Food

4. Hon Audrey EU to ask: (Translation)

The design objectives and planning visions of the new Central Harbourfront announced by the Planning Department at the end of May this year include, among other things, the construction of a 400-metre long nine-storey shopping groundscraper, a 28-storey commercial building and an 18-storey hotel. In this connection, will the Government inform this Council:
    (a)of the total gross floor area of these buildings, and the floor area to be built on the land from the new reclamation;

    (b)of the anticipated traffic volume to be generated upon the occupation of these buildings; and

    (c)as the former Chief Executive promised at a Council meeting in October 2004 that any new reclaimed land would be used only to a limited extent for low-density commercial use, such as sight-seeing points and catering facilities, whether the authorities have assessed if the construction of these buildings is in line with that promise, if they have, of the assessment results; if not, the reasons for that?
Public Officer to reply: Secretary for Housing, Planning and Lands

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

It has been reported that some studies have found that eucalypts are ineffective in retaining subsoil water and conserving soil, poor in self-regeneration, inhospitable to the local species planted on foreign lands and easily turn lands barren; and the areas surrounding the upstream of Dongjiang are densely planted with eucalypts. In this connection, will the Government inform this Council of:
    (a)the areas in Hong Kong where eucalypts are planted, and whether such trees have adversely affected the vegetation and ecology there;

    (b)the ecological benefits and harms caused by eucalypts, and whether the authorities will consider excluding eucalypts from their future afforestation programmes; and

    (c)the measures taken by the authorities to monitor if the pesticides for eucalypts have affected the quality of Dongjiang water supplied to Hong Kong?
Public Officer to reply: Secretary for the Environment, Transport and Works

6. Hon CHAN Kam-lam to ask: (Translation)

According to the information from the Census and Statistics Department, the number of Mainland women who gave birth in public hospitals in Hong Kong increased from some 8 700 in 2003-04 to 12 300 in 2004-05, and its percentage in the total number of child deliveries in public hospitals increased from 25% to 31% correspondingly. In this connection, will the Government inform this Council:
    (a)whether all the children born in Hong Kong to these Mainland women have applied for the Hong Kong Certificate of Registration of Birth over the past two years;

    (b)whether it has assessed the impact on our society such as housing and education needs etc, of an increasing number of children born in Hong Kong to Mainland parents; if it has, of the impact; and

    (c)whether it will take measures to prevent Mainland women from coming to Hong Kong for child birth?
Public Officer to reply: Secretary for Security

*7. Hon Jeffrey LAM Kin-fung to ask: (Translation)

The Hong Kong Monetary Authority ("HKMA") and the People's Bank of China held a seminar in Beijing earlier to explore ways for reforming China's financial system and enhancing its financial services under the country's Eleventh Five-Year Plan. In this connection, will the Government inform this Council:
    (a)as the Governor of the People's Bank of China has advised that subject to further enhancement of cross-border cooperation in financial infrastructure, the renminbi ("RMB") business in Hong Kong is expected to expand within this year, including settlement of cross-border trading transactions, of the supporting measures the Government will implement to complement the enhancement of cooperation between the two places in this respect; and

    (b)as the Chief Executive of HKMA has advised that the financial infrastructure of Hong Kong, including its transaction, payment, clearance and custodian systems, allows multi-dimensional participation at the wholesale, retail, international and local levels both directly and indirectly through intermediaries, whether the Government has any plans to encourage the participation of all parties concerned; if so, of the details?
Public Officer to reply: Secretary for Financial Services and the Treasury

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

In the past, because of the Government's redevelopment projects, many shops in retail links and open-air bazaars with special characteristics in Hong Kong, such as the "Cloth Alley" of Wing On Street, the "Bird Street" of Hong Lok Street and the "Wedding Card Street" of Lee Tung Street, dispersed upon their relocation or closed down, resulting in Hong Kong losing many of such retail links and bazaars. In this connection, will the Government inform this Council:
    (a)of the number of existing retail links and open-air bazaars with special characteristics in Hong Kong, their names and locations;

    (b)whether it knows if the current redevelopment projects or town plans involve relocation or demolition of the above retail links and bazaars, including the "Sports Shoe Street" in the older district of Sai Yee Street and Fa Yuen Street at Mong Kok, and whether there are plans to retain such retail links and open-air bazaars with special characteristics; and

    (c)how shops operating in such retails links and bazaars affected by redevelopment projects will be resettled?
Public Officer to reply: Secretary for Housing, Planning and Lands

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

It was reported that the persistent torrential rain in May and June this year had caused serious flooding in many rural areas in the New Territories (NT), and the residents in those areas had to call the Police for assistance. In this connection, will the Government inform this Council:
    (a)in respect of each of the past four years, of the respective numbers of cases in which residents in the nine regions in NT had to call the Police for assistance due to flooding, the locations and the flooding situation involved in such cases, and the respective longest and shortest time taken by the rescue teams of the relevant government departments to arrive at the scenes in those regions (please set out the information separately according to the nine regions in NT);

    (b)whether the time taken by the above-mentioned rescue teams to arrive at the scenes met the performance targets set by their respective departments; if not, of the reasons for the delays;

    (c)whether there were cases in which rescue operations were delayed due to unsatisfactory rural roads;

    (d)whether it is necessary to provide the departments responsible for rescue operations with additional funding, manpower and equipment in order to avoid the late arrival of rescue teams at the scenes; and

    (e)whether other measures are in place to ensure that the rescue teams arrive at the scenes in accordance with the performance targets set by their respective departments?
Public Officer to reply: Secretary for Security

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

It has been reported that the United States Environmental Protection Agency has launched a five-year programme offering loans to business operators in the Pearl River Delta ("PRD") region, including those from Hong Kong who set up their plants there, for purchasing machinery or implementing emission reduction measures for the purpose of reducing pollution and conserving energy, while the annual costs saved as a result can be used to repay the loans. In this connection, will the Government inform this Council:
    (a)whether it knows the details of the above programme and the response of the business sector;

    (b)whether it will implement measures to tie in with the programme; and

    (c)whether it will, in the light of this programme, implement the measures to improve air quality as proposed in the motions passed by the Legislative Council on 15 December 2004 and 7 December 2005 respectively, including providing tax relief on depreciation of the relevant systems for business operators from Hong Kong who have installed air pollution control systems in their plants in the PRD region?
Public Officer to reply: Secretary for the Environment, Transport and Works

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

Early last month, two elderly men allegedly murdered their wives. One of the victims was a woman in the Mainland married to a Hong Kong resident, and the other had sought Police's assistance on numerous occasions. In this connection, will the Government inform this Council:
    (a)as the authorities have introduced a number of measures to implement the recommendations made by the Review Panel on Family Services in Tin Shui Wai in its report in respect of the Tin Shui Wai family tragedy which occurred in April 2004, whether the authorities have, in the light of these two cases, reviewed these measures to identify possible areas for improvement;

    (b)whether it will follow the practice of the United Kingdom by establishing a mechanism for professionals to review incidents of domestic violence, with a view to enhancing the effectiveness and efficiency of the work done by various parties to tackle domestic violence;

    (c)among the persons coming from the Mainland to Hong Kong to join their spouses, of the number of those who received marriage or family counselling services last year, how the percentages of divorce or separation among these persons compare to those of the persons of other categories, and whether the authorities will consider strengthening the support for families involving cross-border marriages; and

    (d)of the number of retirees who received marriage counselling services last year, whether the authorities will look into the pressure faced by the retired elderly in relation to their livelihood, families, psychology and social life, as well as the factors triggering domestic violence, and explore means to improve support services?
Public Officer to reply: Secretary for Health, Welfare and Food

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

About promoting the development of creative industries, will the Government inform this Council:
    (a)of the respective numbers of applications received and approved under the DesignSmart Initiative last year, and the amount granted;

    (b)of the subsidy schemes other than the DesignSmart Initiative which are available for application by persons engaged in creative industries (such as artists and inventors), so that they can launch their creative products in the market; and

    (c)as the cultural department of Shenzhen has recently proposed to set up a "Shenzhen-Hong Kong Entertainment Economic Zone" to attract Hong Kong companies engaged in creative and cultural industries to the Mainland, whether the authorities have evaluated the impact of such proposal on Hong Kong's creative industries?
Public Officer to reply: Secretary for Commerce, Industry and Technology

*13. Hon MA Lik to ask: (Translation)

Some ethnic minorities have complained to me that certain notices put up by government offices are in Chinese only, which they cannot understand. They also encounter difficulties when seeking emergency services from frontline staff, such as police officers or nurses, who indicate that they do not speak English. In this connection, will the Government inform this Council:
    (a)whether it has received any complaints in the past two years from the public about the failure of government departments or frontline staff to provide services or information in English; if it has, of the number of cases received in each year and their details, and whether any government officers have ever refused to provide services on the ground of their inability to speak English;

    (b)of the circumstances under which notices put up or released to the public are written in Chinese only, and the policy and guidelines on assisting ethnic minorities in accessing government information;

    (c)of the percentage of frontline staff, in particular those providing emergency services, who are not competent enough to communicate with others in English;

    (d)whether it has drawn up any measures to provide English language training for such frontline staff and to encourage them to communicate with ethnic minorities in English; if so, of the details; and

    (e)whether it will set up a telephone helpline for ethnic minorities who encounter difficulties in the course of seeking government services?
Public Officer to reply: Secretary for the Civil Service

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

At the meeting of the Panel on Administration of Justice and Legal Services on 27 March 2006, the Government indicated that no studies would be carried out into the proposals on limitation of liability during the remainder of the Chief Executive ("CE")'s term of office. However, according to a circular issued in June by the Hong Kong Institute of Certified Public Accountants, at a meeting with the President of the Institute, CE was positive to the proposed systems of limited liability partnerships and proportionate liability. In this connection, will the Government inform this Council:
    (a)whether it has changed its position in March 2006 on the reform on professional liability system; if so, of its current position;

    (b)whether it will refer the subject to the Central Policy Unit, Commission on Strategic Development or other relevant advisory bodies for deliberation; if so, of the details and timetable; if not, the reasons for that; and

    (c)whether it will hold regular discussions with the accounting, legal and other professional service sectors on the subject; if so, of the schedule of such discussions; if not, the reasons for that?
Public Officer to reply: Secretary for Financial Services and the Treasury

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

Regarding the development of a new cruise terminal in South East Kowloon, will the Government inform this Council:
    (a)of the estimated cost as well as the earliest commencement and completion dates of developing the new cruise terminal on a self-financing basis; when the authorities will decide and announce if such an approach will be adopted;

    (b)whether the authorities will consider adopting alternative development approaches in delivering the project, such as by way of open tender or public-private partnership; and

    (c)of the measures to ensure that the berthing fees charged by a new private-funded cruise terminal are reasonable and competitive?
Public Officer to reply:Secretary for Financial Services and the Treasury
(in the absence of Secretary for Economic Development and Labour)

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

Hong Kong is now facing competition from other places in attracting Mainland visitors, and the number of Mainland visitors to Hong Kong during the Labour Day Golden Week this year fell short of expectation. Moreover, new tourism facility projects put forward by the Government, such as the cruise terminal, spa resort and fisherman's wharf, are yet to be materialized. In this connection, will the Government inform this Council whether it will expedite the development of tourism infrastructure so as to maintain the competitive edge of Hong Kong's tourism industry; if so, of the details of the development plan; if not, the reasons for that?

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

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

Will the Government inform this Council of the following items brought to credit in April in each of the financial years from 1997-98 to 2006-07:
    (a)total amount of Government revenue;

    (b)revenue from salaries tax; and

    (c)the top four items, apart from salaries tax, of revenue in that month and their respective amounts?
Public Officer to reply: Secretary for Financial Services and the Treasury

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

It has been reported that since around mid-May this year, in accordance with instructions given by the Fire Services Communication Centre through the Third Generation Communication and Mobilising System, ambulances have been conveying all the sick and wounded in areas around Shek Kip Mei of Sham Shui Po District to the Accident and Emergency ("A&E") Department of Queen Elizabeth Hospital ("QEH"), rather than the nearer Caritas Medical Centre, for medical treatment. In this connection, will the Government inform this Council:
    (a)of the current average daily number of the sick and wounded in Sham Shui Po District conveyed by ambulances to the A&E department of QEH for medical treatment, and how the figure compares with that prior to the adoption of the above practice;

    (b)of the impact of the above practice on the deployment of ambulances in Kowloon West Division and the A&E services at QEH; and

    (c)whether it will revise the divisional delineations under which A&E departments of public hospitals admit the sick and wounded in Kowloon West Division; if so, of the criteria to be adopted for revising the delineations; if not, the reasons for that?
Public Officer to reply: Secretary for Security

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

Regarding operational safety of non-franchised buses, will the Government inform this Council whether:
    (a)there has been an upward trend in the numbers of traffic accidents involving non-franchised buses and the resultant casualties in the past three years;

    (b)it has assessed if the current safety equipment for passengers in non-franchised buses is adequate; and

    (c)the authorities will, by making reference to the existing regulations regarding safety equipment on public light buses, consider introducing legislation to require that all passenger seats installed on newly-registered non-franchised buses are high-back seats fitted with seat belts; if not, the reasons for that?
Public Officer to reply: Secretary for the Environment, Transport and Works

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

Regarding the compilation and application of poverty indicators, will the Government inform this Council:
    (a)as the authorities have not, contrary to their estimation in the end of March this year, made available in the latter part of April the whole set of updated poverty indicators covering the fourth quarter of 2005 and the whole year, of the current progress of the work in this respect; the reasons for their failure to make available the relevant information as estimated; and when such information is expected to be available;

    (b)whether it will compile poverty indicators on a district basis and release the current preliminary data;

    (c)whether it will consult the public on the scope and specific figures covered by poverty indicators, with a view to compiling such indicators in different areas; and

    (d)whether it will formulate policies to deal with the situation in which the poverty indicators reflect that poverty is worsening?
Public Officer to reply: Financial Secretary

*For written reply.

III. Bills

First Reading

1. Rail Merger Bill

2. Prevention of Cruelty to Animals (Amendment) Bill 2006

Second Reading (Debates to be adjourned)

1.Rail Merger Bill :Secretary for the Environment, Transport and Works

2.Prevention of Cruelty to Animals (Amendment) Bill 2006 :Secretary for Health, Welfare and Food

IV. Motions

Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for Security to move the following motion:

Resolved that the Security and Guarding Services (Fees) (Amendment) Regulation 2006, published in the Gazette as Legal Notice No. 104 of 2006 and laid on the table of the Legislative Council on 24 May 2006, be amended -

(a)by repealing section 2;

(b)in section 3(1), by adding "to the Security and Guarding Services (Fees) Regulation (Cap. 460 sub. leg. A)" after "Schedule 2".

V. Members' Motions

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

    Hon Mrs Sophie LEUNG to move the motion in the Appendix.

  2. Women in poverty

    Hon Frederick FUNG: (Translation)

    That this Council endorses the Report on Women in Poverty by the Subcommittee to Study the Subject of Combating Poverty and urges the Government to implement the recommendations therein.

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

  3. Fully conserving the "Government Hill"

    Hon Fred LI: (Translation)

    That, as the Government Secretariat on Lower Albert Road in Central District blends in with the surrounding cultural heritage and green areas to form a comprehensive "Government Hill" planning zone, and the open area outside the Main Wing of the Government Secretariat has also witnessed the development of social campaigns in Hong Kong, captured the collective memory of Hong Kong's civil society and bears great significance to Hong Kong in terms of history, architecture and the public's sentiments, this Council urges the Government to:

    (a)conserve the existing Government Secretariat compound and undertake not to develop the compound for commercial use, so as to preserve the original environment and ambience of the "Government Hill" and its environs;

    (b)in keeping with the principle of heritage conservation, fully consult the public on the future use of the existing Government Secretariat;

    (c)conserve the trees and plants in the "Government Hill" and its vicinity so that the area will remain a city lung in Central District; and

    (d)conduct a study on converting some of the offices in the existing Government Secretariat into a government museum, to give effect to the function of conserving our heritage.

    Amendments to motion
    (i)Hon CHEUNG Hok-ming: (Translation)

    To delete "comprehensive" after "green areas to form a"; to delete "the open area outside the Main Wing of the Government Secretariat has also witnessed the development of social campaigns in Hong Kong, captured the collective memory of Hong Kong's civil society and bears great significance to Hong Kong in terms of history, architecture and the public's sentiments" after " 'Government Hill' planning zone, and" and substitute with "there is wide public concern about the future development planning for the 'Government Hill' after the completion of the new government headquarters"; and to delete ": (a) conserve the existing Government Secretariat compound and undertake not to develop the compound for commercial use, so as to preserve the original environment and ambience of the 'Government Hill' and its environs; (b) in keeping with the principle of heritage conservation, fully consult the public on the future use of the existing Government Secretariat; (c) conserve the trees and plants in the 'Government Hill' and its vicinity so that the area will remain a city lung in Central District; and (d) conduct a study on converting some of the offices in the existing Government Secretariat into a government museum, to give effect to the function of conserving our heritage" after "this Council urges the Government to" and substitute with "expeditiously conduct extensive consultation on the matter, with a view to formulating a package of planning proposals which is supported by the community and in line with the principle of sustainable development".

    (ii)Hon Alan LEONG Kah-kit: (Translation)

    To add "follow the best international practice in conserving sites of cultural value and expeditiously conduct a serious study on the historical and cultural values of the 'Government Hill', and to establish extensive consultation channels and structured public participation procedures with a view to affirming the historical and cultural values of the 'Government Hill'; at the same time, the Government should" after "this Council urges the Government to"; to add "expeditiously consider applying to the Town Planning Board for changing the land use of the 'Government Hill' and rezoning it as a 'cultural heritage area' under the category of 'other specified uses', and" after "(a)"; to delete "(b) in keeping with the principle of heritage conservation, fully consult the public on the future use of the existing Government Secretariat;"; to delete the original "(c)" and substitute with "(b)"; and to delete the original "(d)" and substitute with "(c)".

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

  4. That this Council do now adjourn

    Dr Hon KWOK Ka-ki: (Translation)

    That this Council do now adjourn for the purpose of debating the following issue: Preventive and control measures adopted and emergency assistance provided to the trades by the Administration with regard to the repeated occurrence of human infection of avian influenza in the Mainland.

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

Clerk to the Legislative Council