A 06/07-5

Legislative Council

Agenda

Wednesday 1 November 2006 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Banking (Capital) Rules228/2006
2.Banking (Disclosure) Rules229/2006
3.Banking (Specification of Multilateral Development Bank) Notice230/2006
4.Banking (Specification of Public Sector Entity in Hong Kong) Notice231/2006
5.Banking (Amendment) Ordinance 2005 (Commencement) Notice 2006232/2006
6.Prevention of Bribery Ordinance (Amendment of Schedule 1) (Hong Kong IEC Limited) Order233/2006
7.Specification of Arrangements (The Mainland of China) (Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income) Order234/2006
8.Land Survey (Fees Revision) Regulation 2006235/2006
9.Public Health and Municipal Services (Fees and Charges) (Museums) (Amendment) Regulation 2006236/2006
10.Protection of Children and Juveniles (Places of Refuge) (Amendment) Order 2006237/2006
11.Places of Detention (Juvenile Offenders) Appointment (Consolidation) (Amendment) Order 2006238/2006
12.Probation of Offenders (Approved Institution) (Consolidation) (Amendment) Order 2006239/2006
13.Reformatory School (Establishment) (Consolidation) (Amendment) Order 2006240/2006
14.Immigration (Places of Detention) (Amendment) Order 2006241/2006
15.Remand Home (Amendment) Rules 2006242/2006

II. Questions

1. Hon Albert CHAN to ask: (Translation)

Recently, I have received complaints from members of the public about the spraying of pesticides or herbicides (such as Gramoxone) on walkways in the rural areas or in the vicinity of kindergartens. They are worried that these chemicals may pose health hazards to residents (especially young children). In this connection, will the Government inform this Council:
    (a)of the number of complaints received in each of the past three years about the spraying of pesticides or herbicides in unsuitable places, together with a breakdown by districts;

    (b)whether currently there are measures to regulate the spraying of pesticides; if so, of the responsible government department; if not, the reasons for that; and

    (c)whether it will consider strengthening the monitoring of spraying pesticides in order to safeguard public health; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Health, Welfare and Food

2. Hon Tommy CHEUNG to ask: (Translation)

Regarding the impact of implementing five-day work week on the canteens in Government office buildings, will the Government inform this Council:
    (a)of the current number of canteens operated by contractors in Government office buildings; whether the authorities had, before implementing five-day work week, consulted operators of such canteens and assessed the possible impact of the measure on their business turnovers;

    (b)whether it has conducted surveys on how the business turnovers of such canteens after the implementation of five-day work week compare to those before that; if so, of the survey results; and

    (c)whether it will exercise discretion to reduce the rent of the affected canteens to compensate for their losses?
Public Officers to reply :Secretary for Financial Services and the Treasury
Secretary for the Civil Service

3. Hon Frederick FUNG to ask: (Translation)

The Government has proposed the introduction of a Goods and Services Tax ("GST") on the grounds that the existing tax base is very narrow and such a tax will ensure stable revenue. In this connection, will the Government inform this Council:
    (a)whether it has assessed if the disparity in income is one of the causes for the existing narrow tax base; if so, whether it will consider adopting measures to alleviate the disparity in income, instead of adding more types of taxes, in order to broaden the tax base;

    (b)given that based on a 5% tax rate, the revenue to be derived from a GST will account for less than 12% of the Government's total revenue, consumer spending will fall in times of economic downturn (for example, private consumer spending in 2003 fell 14% in comparison with 1997), and the revenue from land sale remains volatile, whether the Government has assessed the actual effect of a GST in stabilizing government revenue, and whether it has assessed if it is reasonable to shift the risk of unstable revenue in times of economic downturn from the Government to members of the public who face wage reductions and unemployment in such times; and

    (c)given that the Financial Secretary said in September this year that when another round of economic downturn set in, the financial deficit would be higher than the $190 billion deficit recorded during the last round, of the basis for his remarks, and whether he has taken into account a recent comment by a credit rating agency that after nearly 10 years of reform, the capability of the banking systems in Asia to withstand attacks has been significantly strengthened, making another financial crisis unlikely?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

In September this year, the Office of The Ombudsman (the Office) published a direct investigation report which points out that the relevant government departments have not effectively executed the administrative measure known as the Mid-Levels Moratorium (the Moratorium) introduced in 1972. Consequently, the residential developments in Mid-Levels have become too intensive, and the traffic congestion problem has worsened. In this connection, will the Government inform this Council:
    (a)whether it has assessed the effectiveness of the administration of the Moratorium; if it has, of the date and specific details of such assessment; if not, the reasons for that;

    (b)whether it has taken into account the Moratorium when drawing up the existing Mid-Levels West Outline Zoning Plan ("OZP") which imposes a plot ratio of around 5 in "Residential Group (B)" zone; if it has, of the details; if not, the reasons for that; and whether it has received any objections to the said OZP on the ground of the Moratorium; and

    (c)whether it will consider accepting the Office's recommendation by adopting appropriate measures "to supplement, strengthen or replace the Moratorium"; if it will, of the specific details of such measures; if not, the reasons for that?
Public Officers to reply :Secretary for the Environment, Transport and Works
Secretary for Housing, Planning and Lands

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

It has been reported that a number of Home Ownership Scheme ("HOS") estates in Hong Kong are more than 20 years old, and the concrete layers of the external walls of buildings in such estates are spalling off. In Hong Nga Court in Lam Tin, for example, cases of concrete spalling off the air-conditioner canopy have started to emerge six years after the estate was completed, and the cumulative number of such cases has reached some 1 000 in three years. In this connection, will the Government inform this Council:
    (a)whether the authorities will consider implementing redevelopment projects for those HOS estates which are old and dilapidated;

    (b)for those old HOS estates where no major repair and maintenance works have ever been carried out, whether assistance will be provided to the owners to facilitate them to carry out regular inspections or repair works; and

    (c)regarding the HOS flats and buildings which are posing safety threats but the owners concerned have refused to carry out repair works, what measures the authorities will adopt to require the owners concerned to repair their flats/buildings?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

In order to encourage developers to introduce green elements in the construction of buildings, the Government has implemented a policy on green and innovative buildings since 2001 to allow green features to be exempted from the calculation of gross floor area of the developments concerned. At the Legislative Council meeting on 26 April 2006, the Administration advised this Council that it would review the effectiveness of the relevant incentives. In this connection, will the Government inform this Council:
    (a)of the progress of the review; and

    (b)whether it will consider introducing other measures to encourage the use of green materials and the provision of green facilities in buildings, such as those concerning energy saving, waste sorting, use of renewable energy and roof greening; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

It has been reported that in view of the economic growth and favourable returns of the Exchange Fund, the Government will allocate funds to expedite the implementation of the outstanding leisure and cultural services ("LCS") projects of the former Municipal Councils ("MCs"), and the costs involved will be around $3 billion. In this connection, will the Government inform this Council:
    (a)whether it plans to use $3 billion to expedite the implementation of the outstanding LCS projects of the former MCs; if so, of the timing for the funding arrangement to be finalized, as well as the details and implementation timetables of the projects concerned; and whether it has estimated the job opportunities that can be created by these projects;

    (b)given that the Government reported to this Council in early 2006 that it would commence planning for 21 LCS projects, whether the LCS projects to be implemented with the above-mentioned funds are among the 21 projects or are entirely new projects; and

    (c)whether the above-mentioned arrangement will set a precedent, and whether the Government will allocate special funds under similar circumstances in future to implement projects to improve people's livelihood or measures to enhance social welfare?
Public Officer to reply : Secretary for Home Affairs

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

In September this year, the cosmetic products of a Japanese brand were found by the Mainland authorities to have contained "chromium" and "neodymium", and the agent concerned decided to suspend the sales of the products in the Mainland. However, after conducting tests and seeking advice from the Department of Health, the Customs and Excise ("C&E") Department has advised that the impact of the two substances on users' health should be minimal under normal use. The C&E Department has also indicated that the cosmetic products concerned of that brand comply with the safety requirements under the Consumer Goods Safety Ordinance, and they will still be allowed to be sold openly in Hong Kong. In this connection, will the Government inform this Council:
    (a)whether different criteria are adopted by Hong Kong and the Mainland authorities in respect of the safety standards and testing methods for cosmetic products; if so, of the reasons for that;

    (b)whether it will consider enacting legislation to require all cosmetic products to have proper labels specifying the application, ingredients, possible adverse reactions and the proper ways of using the products, etc, in order to safeguard consumers' health; if not, of the reasons for that; and

    (c)of the measures in place to ensure that cosmetic products available in the market are all safe for use; whether it will, in the light of the alleged safety problems of cosmetic products mentioned above, review these measures and work out a more effective mechanism to prevent the recurrence of the above situation?
Public Officer to reply : Secretary for Economic Development and Labour

*9. Hon Bernard CHAN to ask: (Translation)

An expatriate student studying at a local university wrote to the press alleging that although it is stated in the prospectus that the medium of instruction for some university courses is English, they are in fact taught in Cantonese or "cocktail language", thus hampering expatriate students' learning. In this connection, will the Government inform this Council whether it knows if the authorities of tertiary institutions:
    (a)have learnt of the above situation, and have conducted investigation to ascertain whether the situation is prevalent;

    (b)have taken measures to ensure that lecturers teach with the medium of instruction as stated in the course prospectus; and

    (c)have taken measures to help students who are not conversant with Cantonese cope with their learning difficulties arising from language problems, and whether more resources will be allocated in this respect?
Public Officer to reply : Secretary for Education and Manpower

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

It has been reported that certain specialist medical services provided by the Tseung Kwan O Hospital are inadequate, making it necessary for residents there to obtain services from the United Christian Hospital in another district. In this connection, will the Government inform this Council:
    (a)of the details of health care services planning for Tseung Kwan O; whether it has reviewed the services to see if they can meet the present and future demand of the district; if it has, of the details of the review; if not, the reasons for that;

    (b)given the Government's past endeavours in promoting Tseung Kwan O as a "Healthy City", of the details of its present efforts in promoting primary health care in Tseung Kwan O, and the current health conditions of the residents there; and

    (c)how it will coordinate the medical services in Tseung Kwan O and its adjacent districts to avoid the Tseung Kwan O's inadequate medical services resulting in an increase in the demand for the medical services provided in its adjacent districts?
Public Officer to reply : Secretary for Health, Welfare and Food

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

It has been reported that some seafood sellers have allegedly used flushing sea water for keeping live seafood. In this connection, will the Government inform this Council:
    (a)as the Food and Environmental Hygiene Department regularly takes water samples from fish tanks of seafood sellers for laboratory tests, whether this measure has been reviewed to see if there are any loopholes; and

    (b)of the number of seafood sellers prosecuted in each of the past three years for keeping live seafood with water the quality of which failed to meet the legal standards?
Public Officer to reply : Secretary for Health, Welfare and Food

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

I have received several complaints about the personal data of medical practitioners published on egazette not being reasonably protected because many of them use their residential addresses as their medical practitioner's registered address, but anyone with an ordinary Internet search engine can find out the personal data of those medical practitioners, such as their registered addresses, by inputting the name of a doctor and "egazette" (the English name of the Gazette on the Internet). In this connection, will the Government inform this Council:
    (a)whether it will request the Registrar of Medical Practitioners to issue a statement each year reminding medical practitioners that they may use their business addresses or post office box numbers instead of their residential addresses as their registered addresses;

    (b)whether it will request Internet search engine companies to stop using and delete the personal data of medical practitioners obtained from the egazette so that the privacy of the medical practitioners concerned can be protected; and

    (c)whether there are ways to guard against abuse of the personal data of medical practitioners contained in the egazette, and whether it will consider amending the Medical Registration Ordinance (Cap. 161) to provide that registered addresses of medical practitioners may not be published in the egazette in order to protect the privacy of medical practitioners?
Public Officer to reply : Secretary for Health, Welfare and Food

*13. Dr Hon Fernando CHEUNG to ask: (Translation)

In 2003, 2004 and 2005, there were two, four and five accidents respectively which involved Light Rail ("LR") passengers falling onto railway tracks. In January and October this year, similar accidents involving blind LR passengers occurred again. Over the years, some organizations have been demanding the Kowloon-Canton Railway Corporation ("KCRC") to provide tactile guide paths and safety gates at LR waiting platforms. In this connection, will the Government inform this Council:
    (a)whether KCRC has regularly reviewed if the existing facilities on LR platforms are sufficient to safeguard the safety of passengers, especially the visually impaired; if it has, of the outcome of the reviews, and the reasons for successive occurrence of accidents involving passengers falling onto railway tracks; if not, the reasons for that; and

    (b)whether KCRC has any plan to provide tactile guide paths and safety gates at LR platforms to prevent the recurrence of such accidents; if it has, of the progress and timetable of such plans; if not, the reasons for that, and the measures adopted by the Government to further enhance passenger safety so as to prevent the recurrence of such accidents?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

The level of local access charge ("LAC") has not been revised since 2001. Some industry players have relayed that the current level of LAC renders effective competition difficult. The Office of the Telecommunications Authority ("OFTA") has advised that regular reviews will be conducted on the level of LAC. It also indicated in its statement on 27 February 2004 that the calculation of LAC should not include local loop costs. In this connection, will the Government inform this Council:
    (a)whether it has any plan to revise the costing methodology of LAC by deducting local loop costs pursuant to the conclusion in the statement in 2004; if it has, of the relevant details; if not, the reasons for that; and whether it has any plan to review afresh the said costing methodology;

    (b)whether it has conducted any internal study on the costing methodology and level of LAC since 2004;

    (c)whether it has any plan to review the level of LAC and make corresponding revisions based on the review outcome, so as to ensure fair and effective competition in the external telecommunications services market; if it has, of the relevant details and schedule; if not, the reasons for that; and

    (d)whether it has reviewed OFTA's performance in fulfilling its above pledge to review regularly the level of LAC; if it has, of the outcome; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce, Industry and Technology

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

Under the dual filing system, the Hong Kong Exchanges and Clearing Limited ("HKEx") has to file copies of the listing applications and disclosure documents, submitted to it by listing applicants and listed issuers, with the Securities and Futures Commission ("SFC"). SFC may, within the period specified, require the relevant persons to supply further information, object to listings or impose conditions on not objecting to listings. In this connection, will the Executive Authorities inform this Council:
    (a)as the Chairman of HKEx proposed last month that the dual filing system be reviewed, whether the authorities know the reasons for his putting forward the proposal;

    (b)of the views of the securities sector on the operation of the dual filing system; and

    (c)whether they have reviewed if there are any implementation problems with the dual filing system, such as double vetting; if so, of the review results; if not, whether they will conduct a review?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

Regarding the implementation of a five-day work week, will the Government inform this Council:
    (a)whether it has studied the effects of implementing a five-day work week on its employees in terms of staff morale, family life, the pattern and amount of spending, the overall economic situation and the quality of public service; if so, of the study results; if not, whether it will conduct such a study;

    (b)of the overtime situation among government employees in the past three years and how the situation has changed with the implementation of a five-day work week, and whether it will monitor the situation; whether it has asked various bureaux and government departments to encourage their staff to leave work on time, so as to avoid their family life being affected by overtime work and thus defeating the intended purpose of a five-day work week;

    (c)whether it knows the number of commercial organizations which have followed the Government in implementing a five-day work week, and its percentage in the total number of commercial organizations;

    (d)whether it has compiled statistics on the number of employees who work a five-day work week and its percentage in the labour force;

    (e)whether it has assessed if an increasing number of organizations are implementing a five-day work week, and whether it will introduce policies and measures to encourage the adoption of a five-day work week by public and private organizations; and

    (f)given that 17 festive days are appointed annually as general holidays under the General Holidays Ordinance, and if any of such festive days falls on a Sunday, then a day preceding or following it will be appointed as a general holiday, and as those organizations adopting a five-day work week usually designate Saturdays as rest days, whether the Government will amend the Ordinance to provide that if any of such festive days falls on a Saturday, then another day (for example, the preceding Friday or the following Monday) will be appointed as a general holiday?
Public Officer to reply : Secretary for the Civil Service

*17. Hon Emily LAU to ask:

A news report revealed that an English language teacher had voluntarily given up his senior teaching post in a secondary school to go to teach in a primary school with much lower salary so that he could, as he said, attend to the language needs of students at an earlier stage of their development. In this connection, will the Executive Authorities inform this Council:
    (a)of the reasons for the pay difference between English language teachers in primary schools and those in secondary schools;

    (b)whether they plan to recruit more experienced teachers to teach in primary schools without requiring them to sacrifice their income such as the teacher in the above case; and

    (c)of the steps that they will take to enhance English language education in primary schools?
Public Officer to reply : Secretary for Education and Manpower

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

At the resumption of the Second Reading debate on the Smoking (Public Health) (Amendment) Bill 2005 in this Council on 19 October this year, the Secretary for Health, Welfare and Food said that the Government would study the feasibility of installing smoking rooms. In this connection, will the Government inform this Council:
    (a)whether it has any evidence to prove the effectiveness of smoking rooms in preventing second-hand smoke from affecting the neighbouring environment;

    (b)whether the above study will be conducted solely by the government departments concerned or undertaken by commissioned consultants;

    (c)of the estimated expenditure on the above study; whether such expenditure would be borne wholly by the Health, Welfare and Food Bureau and whether other services of the departments concerned will be affected by the additional expenditure;

    (d)whether it will invite health care practitioners, anti-smoking groups, academics in building services and other relevant groups to participate in the entire study; and

    (e)whether it will report to this Council on the progress of the study regularly?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Persons born in or before 1927 (i.e. those at or over the age of 79) are required to apply for replacement of their identity ("ID") cards by smart ID cards within the period from 4 September to 11 November this year. Elderly persons who cannot turn up at a Smart Identity Card Centre on account of age (70 years old or over) or infirmity may apply for a Certificate of Exemption (either personally or through a representative). Nevertheless, the applicant is required to return his/her old ID card to the Immigration Department, whilst the Certificate of Exemption cannot be used as a travel document for immigration clearance. In this connection, will the Government inform this Council:
    (a)of the measures to assist the singleton elderly people suffering from ill health or being bedridden to have their ID cards replaced or apply for a Certificate of Exemption; and

    (b)whether it has considered providing, for the elderly people, a free shuttle bus service operating once daily during the above call-up period between designated locations in various districts and Smart Identity Card Centres?
Public Officer to reply : Secretary for Security

*For written reply.

III. Members' Motions

  1. Public service broadcasting for Hong Kong

    Hon SIN Chung-kai: (Translation)

    That this Council notes the Report on the Study of Public Service Broadcasting for Hong Kong and urges the Government to consider the findings therein.

    Public Officer to attend : Secretary for Commerce, Industry and Technology

  2. Minimum wage, standard working hours

    Hon WONG Kwok-hing: (Translation)

    That, as the 2006-2007 Policy Address proposes to launch a Wage Protection Movement for employees in the cleansing and guarding services sectors, but participation in the movement is entirely voluntary and employers who do not participate are not bound by it, this Council urges the Government to expeditiously:

    (a)apply the Trade Boards Ordinance to specify a minimum wage level and the rates of overtime pay, starting with the cleansing and guarding services sectors; and

    (b)regulate the number of working hours, reasonable rest breaks during working hours and the rates of overtime pay, so as to ensure that employees have sufficient time for rest and studies.

    Amendments to motion
    (i)Hon LEUNG Yiu-chung: (Translation)

    To add "while polarization of the job market has occurred," after "That, as"; to add "only" after "the 2006-2007 Policy Address"; to delete ", starting with the cleansing and guarding services sectors" after "the rates of overtime pay" and substitute with "for all trades and industries in Hong Kong"; and to add ", family life" after "sufficient time for rest".

    (ii)Hon Andrew CHENG Kar-foo: (Translation)

    To add "introduce legislation to" after "(b)".

    Public Officer to attend : Secretary for Economic Development and Labour

Clerk to the Legislative Council