A 05/06-4

Legislative Council

Agenda

Wednesday 26 October at 11:00 am,
Thursday 27 October and Friday 28 October 2005 at 9:00 am on each day

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Road Traffic (Driving Licences) (Fee Reduction) Regulation 2005170/2005
2.Road Traffic (Registration and Licensing of Vehicles) (Fee Reduction) Regulation 2005171/2005
3.Road Traffic (Village Vehicles) (Fee Reduction) Regulation 2005172/2005
4.Road Traffic Ordinance (Amendment of Schedule 5 - Charge Revision) Order 2005173/2005
5.Road Traffic (Reduction of Fee for Designation of Driving School) Order 2005174/2005
6.Hong Kong Science and Technology Parks Corporation Ordinance (Amendment of Schedule 1) Notice 2005175/2005


Other Papers

1.No.14-Audited Statement of Accounts and Auditors' Report for the Fish Marketing Organization for the year ended 31 March 2005
(to be presented by Secretary for Health, Welfare and Food)

2.No.15-Audited Statement of Accounts and Auditors' Report for the Vegetable Marketing Organization for the year ended 31 March 2005
(to be presented by Secretary for Health, Welfare and Food)

3.No.16-Marine Fish Scholarship Fund Trustee's Report and Audited Statement of Accounts and Auditors' Report on the Fund for the year ended 31 March 2005
(to be presented by Secretary for Health, Welfare and Food)

4.No.17-Agricultural Products Scholarship Fund Trustee's Report and Audited Statement of Accounts and Auditors' Report on the Fund for the year ended 31 March 2005
(to be presented by Secretary for Health, Welfare and Food)

5.No.18-Urban Renewal Authority Annual Report 2004-2005
(to be presented by Financial Secretary)

6.No.19-Office of the Telecommunications Authority Trading Fund Report 2004/05
(to be presented by Secretary for Commerce, Industry and Technology)

7.No.20-Hong Kong Council on Smoking and Health Annual Report 2004-2005
(to be presented by Secretary for Health, Welfare and Food)

8.No.21-Hongkong Post Annual Report 2004/05
(to be presented by Secretary for Economic Development and Labour)


II. Questions for Written Replies

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

With regard to the operation of Hong Kong Disneyland ("HKD") which opened on the 12th of last month, will the Government inform this Council:
    (a)of the average daily attendance of HKD in its first month of operation, and how this compares to the forecast attendance; if the attendance is unsatisfactory, how the relevant authorities will step up promotion of HKD;

    (b)of the respective percentages of local residents, Mainland tourists and overseas tourists among the visitors to HKD;

    (c)of the number of complaints from visitors so far received by the relevant authorities, details of these complaints as well as follow-up actions taken;

    (d)of the total number of breakdowns of the amusement rides in HKD since its opening, details and causes of such breakdowns, and whether they have resulted in any injuries to visitors; and

    (e)whether the HKD authorities will consider offering annual passes at a concessionary price; if not, the reasons for that?
Public Officer to reply: Secretary for Economic Development and Labour

2. Hon Ronny TONG Ka-wah to ask: (Translation)

In March last year, the Competition Policy Advisory Group ("COMPAG") wrote to invite academics of local tertiary institutions to submit proposals on a consultancy study which aimed at examining the impact on the competition situation of the large real estate developers' practices of using the housing estates they build as platforms for expanding their cross-sector businesses. COMPAG has not yet released the findings of the study, nor reported on its progress. In this connection, will the Government inform this Council:
    (a)whether the study has been completed;

    (i)if so, of the findings of the study; the reasons for COMPAG not releasing them nor reporting on the relevant details in its report; how the Administration follows up the findings; and

    (ii)if not, the reasons for that; the current progress of the study, the expected time of its completion and the release of its findings; and

    (b)if the study has never been conducted or was terminated, of the reasons for that?
Public Officer to reply: Secretary for Economic Development and Labour

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

The revised proposals for single parent recipients under the Comprehensive Social Security Assistance ("CSSA") Scheme made by the Health, Welfare and Food Bureau in July this year require that single parents and other child carers on CSSA with the youngest child aged 12 to 14 must actively participate in the Mandatory Employment Assistance Programme or Intensive Employment Assistance Projects. Non-active participation and failure to meet the requirement of seeking at least part-time employment will result in a deduction of $200 from the CSSA payment. The authorities intend to implement the proposals on 1 April 2006. In this connection, will the Government inform this Council whether:
    (a)it has clearly defined the criterion of "to seek at least" stated in the requirement; if it has, of the details of this criterion, if not, the reasons for that;

    (b)any mechanism is in place to ensure that the remuneration (in terms of wages and working hours) of the jobs allocated to the above CSSA recipients is at a reasonable level; if so, of the details of the mechanism; and

    (c)it has assessed the impact of the proposals to compel as many as 18 000 such CSSA recipients to join the job market on the existing workforce; if it has, of the details and outcome of the assessment?
Public Officer to reply: Secretary for Health, Welfare and Food

4. Hon Andrew CHENG to ask: (Translation)

Since July this year, the Kowloon-Canton Railway Corporation ("KCRC") has arranged for broadcasts of TV news and advertisements in the train compartments of its East Rail, West Rail and Ma On Shan Rail. In this connection, will the Government inform this Council:
    (a)of the total number of complaints received so far by the relevant authorities about excessive volume of such broadcasts, and the outcome of such complaints;

    (b)whether it will advise KCRC to make such broadcasts in the mute mode in order not to disturb passengers; if so, of the details; if not, the reasons for that; and

    (c)of KCRC's estimate of the annual revenue to be generated from such broadcasts, and the accounts in which such revenue will be reflected?
Public Officer to reply: Secretary for the Environment, Transport and Works

5. Hon MA Lik to ask: (Translation)

Will the Government inform this Council of:
    (a)the number of cases of claims against the primary and secondary schools whose actions caused personal injuries and the amount involved in each of the past four years;

    (b)the details of insurance cover currently taken out by primary and secondary schools for the avoidance of loss arising from such claims, and the authorities' guidelines in this respect; and

    (c)the criteria currently adopted by the authorities as well as primary and secondary schools for deciding on the sum insured; how primary and secondary schools will deal with the deficiency in the sum insured to meet claims; and how the authorities will assist them?
Public Officer to reply: Secretary for Education and Manpower

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

It has been reported that although the number of Mainland enterprises listed in Hong Kong is growing, their main businesses are carried out in the Mainland, and their management and the largest portion of their assets are located outside Hong Kong. Furthermore, since China is not yet a signatory to the Multilateral Memorandum of Understanding of the International Organization of Securities Commission, the local monitoring authorities have difficulties in finding evidence when such companies are suspected of malpractices. Hence the regulatory work of the Securities and Futures Commission and the Stock Exchange of Hong Kong are adversely affected. Even if the local monitoring authorities have obtained relevant evidence, law enforcement officers in the Mainland are often reluctant to come to Hong Kong to give evidence. Moreover, there is no extradition law between the Mainland and Hong Kong to provide for the extradition of suspects to stand trials in Hong Kong. In this connection, will the Government inform this Council:
    (a)how the authorities address such problems as finding evidence, securing witnesses to come to Hong Kong to give evidence and extraditing suspects in the process of combating the malpractices of the above companies in order to safeguard the interests of Hong Kong investors and to maintain Hong Kong's reputation as an international financial centre; and

    (b)given that the local monitoring authorities have proposed to strengthen the regulation on sponsors by requiring them to take up the same responsibilities as the management of listed companies in relation to the contents of the prospectus so as to reduce the risks to Hong Kong shares caused by the listing of poorly managed Mainland enterprises, whether the authorities have assessed the feasibility of the proposal and if it will be supported by the industry; if they have, of the assessment results?
Public Officer to reply: Secretary for Financial Services and the Treasury

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

Will the Government inform this Council whether it knows:
    (a)the total expenses on staff remuneration of the Hospital Authority ("HA") in each of the past five years; together with the number of staff and amount of expenses on staff remuneration for each rank; and

    (b)the respective ranks at management level and those in the frontline healthcare staff category under HA's existing human resources structure?
Public Officer to reply: Secretary for Health, Welfare and Food

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

Recently, a number of parents approached my office for assistance. They said that their children had been receiving Higher Disability Allowance ("HDA") for a number of years but the Social Welfare Department ("SWD") had suddenly said that their children had been living in school dormitories, which was against the requirement that recipients of such allowance must not be receiving care in a government or subvented residential institution. SWD therefore asked them to return the overpaid allowance they had received. In one case, a parent was asked by SWD to return $160,000. In this connection, will the Government inform this Council:
    (a)of the number of cases over the past five years in which SWD asked HDA recipients to return the overpaid allowance because it had discovered that their residential status had breached the above requirement, broken down by whether they have lived in school dormitories, serviced hostels or hospitals, and the amount involved in each case; and

    (b)among such cases, of the number of recipients whose families had to apply for Comprehensive Social Security Assistance because they had to return the overpaid allowance to SWD?
Public Officer to reply: Secretary for Health, Welfare and Food

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

I have received many complaints from the public about mosquito infestation in Hong Kong Disneyland ("HKD"). They point out that as only non-fruit-bearing trees have been planted in HKD, few birds frequent the place, which does not help control the mosquito problem. In this connection, will the Government inform this Council of:
    (a)the number of trees planted in HKD at present, with a breakdown by their species and whether they are fruit-bearing;

    (b)the preventive measures adopted in HKD against mosquito infestation; and

    (c)the number of complaints by visitors to HKD authorities about mosquito bites so far, and the details of the complaints?
Public Officer to reply: Secretary for Economic Development and Labour

10. Hon LEUNG Yiu-chung to ask: (Translation)

Currently, visitors to Hong Kong Disneyland ("HKD")can use the Mass Transit Railway, franchised buses, non-franchised buses and taxies, but not green and red minibuses. In this connection, will the Government inform this Council:
    (a)whether the present public transport arrangements can effectively cater to the flows of visitors travelling to and from HKD;

    (b)of the reasons for forbidding some public transport service operators from operating routes to and from HKD; whether it has assessed if this practice is fair, and if it will result in relatively high fares for trips to and from HKD; if so, of the outcome of the assessment; if not, the reasons for that; and

    (c)whether it plans to change the decision so as to enhance competition, offer visitors to HKD more choices and create additional job opportunities; if so, of the details of the plan; if not, the reasons for that?
Public Officer to reply: Secretary for the Environment, Transport and Works

11. Hon Albert CHAN to ask: (Translation)

Recently, I have received many complaints from elderly persons that they had been caught by law enforcement officers and fined $1,500 when they left rubbish in public places inadvertently. As they have limited means and many of them even have to live on Comprehensive Social Security Assistance ("CSSA"), they have difficulty in paying the fine. Furthermore, it has been reported that if CSSA recipients decline to pay the fine on grounds of inadequate means, the authorities may subject them to community service orders ("CSOs") in lieu. Should the persons concerned feel aggrieved, they may request the Food and Environmental Hygiene Department to refer their cases to the court for adjudication. In this connection, will the Government inform this Council:
    (a)of the number of fixed penalty notices ("FPNs") issued, and the total amount of fines collected, in each of the years since the fixed penalty was raised at the end of June 2003, as well as the number of cases in which FPNs were issued to recipients of CSSA or Old Age Allowance over 60 years old; and

    (b)whether it will consider encouraging the court to make CSOs on elderly littering offenders of limited means in lieu of the fixed penalty; if so, of the details; if not, the reasons for that?
Public Officer to reply: Secretary for Health, Welfare and Food

12. Hon Frederick FUNG to ask: (Translation)

Regarding the health care expenditure and demand for public and private out-patient services in Hong Kong, will the Government inform this Council:
    (a)of the respective percentages of expenditures on private, public and overall health care services in the Gross Domestic Product ("GDP") in the past five years, and whether the authorities have compared these figures to those of other developed countries or regions; if so, of the results; if the results show that Hong Kong's figures are lower than those in other countries or regions, the reasons for that;

    (b)of the percentage of the expenditure on primary health care in the total public health care expenditure in each of the past five years; if these figures have shown a downward trend, the reasons for that; whether it is partly attributable to the Government not accepting the view that primary health care can help to reduce public demand for the more expensive secondary and tertiary health care services;

    (c)as the authorities have pointed out, in the consultation paper on the future service delivery model for the health care system, that if the existing service models are not reformed, the estimated percentage of the expenditure on health care services in the tax revenue will increase from the current 22% to more than 50% by 2033, of the relevant assumptions and statistics on which this estimate is based, and the respective estimated percentages of expenditures on private, public and overall health care services in GDP by then; and

    (d)how the total number of attendances at private specialist and general clinics in the past five years compares to that at public specialist and general clinics?
Public Officer to reply: Secretary for Health, Welfare and Food

13. Hon Emily LAU to ask:

Will the Executive Authorities inform this Council of the following over the past three years:
    (a)the total number of asylum seekers whom the Office of the United Nations High Commissioner for Refugees ("UNHCR") interviewed at the Hong Kong International Airport and, among them, the number of those who were under 18 years old;

    (b)the number of cases in which the Office of the UNHCR made decisions on the asylum seekers' applications shortly after receiving them at the airport; and

    (c)the respective numbers of such cases in which refugee status was refused and granted and, among them, the respective numbers of those involving applicants under 18 years old?
Public Officer to reply: Secretary for Security

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

Will the Government inform this Council:
    (a)whether the authorities have received complaints about stench emitted from refuse collection points ("RCPs") and landfills in the past three years; if so, of a breakdown of such complaints involving off-street RCPs, village-type RCPs and landfills, as well as the details of how they have followed up these complaints;

    (b)whether it has assessed the health implications for people exposed to such stench for a long time; of the mitigation measures taken by the authorities in this regard, and how they monitor the performance of the personnel concerned to ensure that they implement these measures in an earnest manner; and

    (c)as it has been reported that the concentrations of volatile organic compounds at a number of RCPs in various districts in Kowloon and Hong Kong are generally on the high side, whether the authorities will consider establishing safety standards for outdoor concentrations of these substances; if so, of the details; if not, the reasons for that?
Public Officer to reply: Secretary for the Environment, Transport and Works

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

Regarding the disposal of valuable gifts received by the Government, will the Government inform this Council:
    (a)of the number of valuable gifts presented by Mainland provincial and municipal governments as well as foreign governments to the Hong Kong Special Administrative Region Government since the reunification with China and, among these gifts, the number of those given to congratulate Hong Kong on the reunification;

    (b)of the existing site(s) for keeping these gifts; and

    (c)whether it will follow the Macao Special Administrative Region Government's practice of setting up an exhibition gallery dedicated to displaying the reunification gifts for viewing by the public; if not, the reasons for that?
Public Officer to reply: Chief Secretary for Administration

16. Hon Ronny TONG Ka-wah to ask: (Translation)

Last December, the authorities decided to appoint a consultancy firm to study the competition situation of the auto-fuel market in Hong Kong, with a view to finding out whether the local oil companies had engaged in any anti-competitive practices. In February this year, the Administration advised that it had started work on recruiting the consultancy firm, and would report the findings of the study to this Council and the public. In this connection, will the Government inform this Council of:
    (a)the name of the appointed consultancy firm, reasons for selecting it, and its relevant experience;

    (b)the total consultancy fee, responsibility of the consultancy firm and the methodology adopted for the study; and

    (c)the progress of the study and the anticipated timing for releasing the findings?
Public Officer to reply: Secretary for Economic Development and Labour

17. Hon Andrew CHENG to ask: (Translation)

Regarding the drugs sold in Hong Kong, will the Government inform this Council:
    (a)whether the language used in the labels and product description of drugs is subject to regulation by existing legislation and administrative arrangements;

    (b)among those drugs which may be sold in the absence of pharmacists or without doctors' prescription, of the number and percentage of those carrying labels and product description in Chinese;

    (c)whether it has assessed the extent of inconvenience caused to users by drugs not carrying labels and product description in Chinese, and if the lack of such labels and description has led to improper use of drugs; and

    (d)whether legislative amendments will be introduced to stipulate that all drugs must carry labels and product description in Chinese; if so, when such amendments will be introduced; if not, the reasons for that, and the measures in place to help patients and their family members who can read Chinese only to understand the information about the drugs to be taken?
Public Officer to reply: Secretary for Health, Welfare and Food

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

It has been reported that the number of cases in which travellers brought in excessive quantities of duty-free cigarettes has been on the rise, from 158 cases in 2002 to 268 cases last year. The Customs and Excise Department ("CED") therefore plans to try out the "Red/Green Channel System" in November this year at the airport and various land boundary control points, in order to check whether members of the public have brought in excessive quantity of duty-free cigarettes or liquors at customs clearance. In this connection, will the Government inform this Council:
    (a)of the trial period of the above new customs clearance practice;

    (b)of the estimated expenditure on publicity and installation of the system;

    (c)of the details of the anticipated reduction in the manpower of CED upon the introduction of the new system;

    (d)how it will ensure that those members of the public who have brought in excessive quantities of duty-free cigarettes or liquors will voluntarily use the "Red Channel" for customs clearance; and

    (e)whether it knows the experience and effectiveness of using the "Red/Green Channel System" by law-enforcement departments in the Mainland and overseas?
Public Officer to reply: Secretary for Financial Services and the Treasury

19. Hon Frederick FUNG to ask: (Translation)

It has been reported that in recent years bus stops erected on the roadside in urban areas by franchised bus companies have become bigger in size and occupy larger areas on the pavements, and many of them are installed with illuminated advertisement boxes and other advertising decorations which obstruct the pavements and the view, causing inconvenience to pedestrians and operators of nearby shops. In this connection, will the Government inform this Council:
    (a)of the number of complaints received by the authorities in the past three years about the size of and installations at bus stops, and whether the authorities and the bus companies have followed up these complaints;

    (b)whether, in addition to their building structure and electrical installations, the design and size, etc, of bus stops erected by franchised bus companies are also regulated by the authorities, and whether they have assessed the impact of these bus stops on pedestrians and shop operators; and

    (c)whether it will regulate the installation of illuminated advertisement boxes and other advertising decorations by franchised bus companies at their bus stops to earn advertising revenue, and whether appropriate fees will be imposed on them so as to prevent the public places occupied by bus stops from being used by bus companies to make profits?
Public Officer to reply: Secretary for the Environment, Transport and Works

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

On 13 July this year, 188 large trees in Tai Lam Country Park were found to have been sawn down. In this connection, will the Government inform this Council:
    (a)of the latest progress of the Police's investigation into the incident;

    (b)of the number of staff members now deployed by the Agriculture, Fisheries and Conservation Department to patrol various country parks; together with a list of the average area patrolled by each staff member in each country park; and

    (c)whether it has stepped up patrols in country parks after the incident; if it has, of the details and whether this measure will be a long-term practice; if it has not, the reasons for that?
Public Officer to reply: Secretary for the Environment, Transport and Works

III. Members' Motions
    Motion of Thanks
    Hon Miriam LAU:     (Translation)

    That this Council thanks the Chief Executive for his address.

    Amendments to motion
    (i)Hon LEE Wing-tat: (Translation)

    To add "and, at the same time, urges the Chief Executive and the Government to expeditiously propose a timetable for the election of the Chief Executive and all members of the Legislative Council by universal suffrage, and to put forward concrete proposals on the relevant democratization processes including the abolition of the appointed and ex-officio seats in district councils, cancelling corporate votes in functional constituencies of the Legislative Council as well as expanding the electorate base and democratic elements in the Election Committee, so as to respond to the public's strong aspirations for democratic elections by universal suffrage and the establishment of an accountable government" after "his address".

    Amendment to Hon LEE Wing-tat's amendment
    Hon TAM Heung-man:     (Translation)

    To delete "and, at the same time" after "the Chief Executive for his address"; to add "but as the proposed methods regarding constitutional development set out in the Fifth Report of the Constitutional Development Task Force, which the Chief Executive called on the community and this Council to support, fail to take democracy forward to meet the public's aspirations for elections by universal suffrage, this Council will not support them and" before "urges the Chief Executive"; and to add "and a roadmap" after "propose a timetable".

    (ii)Dr Hon Fernando CHEUNG: (Translation)

    To add ", but as the address is inadequate regarding the effort to help the poor and fails to respond to the aspirations of the public, this Council expresses deep regret and urges the Chief Executive to expeditiously formulate a comprehensive policy on poverty alleviation so as to narrow the gap between the rich and the poor" after "his address".
Public Officers to attend are listed in the Appendix Clerk to the Legislative Council