A 07/08-35

Legislative Council

Agenda

Wednesday 2 July 2008 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Official Languages (Alteration of Text under Section 4D) (Advocate and Advocacy) Order	178/2008
2.	Public Health and Municipal Services (Markets) Declaration 2008	179/2008
3.	Market (Cessation of Application of the Public Health and Municipal Services Ordinance) Declaration 2008	180/2008
4.	Public Health and Municipal Services (Cessation of Designation as Public Market) Order 2008	181/2008
5.	Public Health and Municipal Services Ordinance (Amendment of Tenth Schedule) Order 2008	182/2008
6.	Public Health and Municipal Services (Markets) (No. 2) Declaration 2008	183/2008
7.	Domestic Violence (Amendment) Ordinance 2008 (Commencement) Notice	184/2008
8.	Food Business (Amendment) Regulation 2008	185/2008

Other Papers

1.	No. 101	-	Hong Kong Trade Development Council Annual Report 2007-2008
(to be presented by Secretary for Commerce and Economic Development)
2.	No. 102	-	Hong Kong Export Credit Insurance Corporation Annual Report 2007-2008
(to be presented by Secretary for Commerce and Economic Development)
3.	No. 103	-	Clothing Industry Training Authority Annual Report 2007
(to be presented by Secretary for Labour and Welfare)
4.	No. 104	-	Independent Commission Against Corruption Hong Kong Special Administrative Region Annual Report 2007
(to be presented by Hon CHAN Kam-lam, who will address the Council)
5.	No. 105	-	Report of the Independent Police Complaints Council 2007
(to be presented by Dr Hon LUI Ming-wah, who will address the Council)
6.	No. 106	-	Independent Commission Against Corruption Complaints Committee Annual Report 2007
(to be presented by Hon TSANG Yok-sing, who will address the Council)
7.	Report of the Finance Committee on the examination of the Estimates of Expenditure 2008-2009
(to be presented by Hon TAM Yiu-chung, Chairman of the Finance Committee, who will address the Council)
8.	Report of the Panel on Commerce and Industry 2007-2008
(to be presented by Hon Vincent FANG Kang, Chairman of the Panel, who will address the Council)
9.	Report of the Panel on Housing 2007-2008
(to be presented by Hon LEE Wing-tat, Chairman of the Panel, who will address the Council)
10.	Report of the Panel on Security 2007-2008
(to be presented by Hon LAU Kong-wah, Chairman of the Panel, who will address the Council)
11.	Report of the Panel on Constitutional Affairs 2007-2008
(to be presented by Dr Hon LUI Ming-wah, Chairman of the Panel, who will address the Council)
12.	Report of the Panel on Food Safety and Environmental Hygiene 2007-2008
(to be presented by Hon Tommy CHEUNG, Chairman of the Panel, who will address the Council)
13.	Report of the Panel on Financial Affairs 2007-2008
(to be presented by Hon CHAN Kam-lam, Chairman of the Panel, who will address the Council)
14.	Report of the Panel on Education 2007-2008
(to be presented by Hon TSANG Yok-sing, Chairman of the Panel, who will address the Council)
15.	Report of the Panel on Welfare Services 2007-2008
(to be presented by Dr Hon Fernando CHEUNG, Chairman of the Panel, who will address the Council)
16.	Report of the Panel on Economic Development 2007-2008
(to be presented by Hon Jeffrey LAM Kin-fung, Chairman of the Panel, who will address the Council)
17.	Report of the Panel on Health Services 2007-2008
(to be presented by Hon LI Kwok-ying, Chairman of the Panel, who will address the Council)
18.	Report of the Panel on Environmental Affairs 2007-2008
(to be presented by Hon Audrey EU, Chairman of the Panel, who will address the Council)
19.	Report of the Subcommittee to Examine the Implementation in Hong Kong of Resolutions of the United Nations Security Council in relation to Sanctions
(to be presented by Hon Margaret NG, Chairman of the Subcommittee, who will address the Council)
20.	Report of the Bills Committee on Statute Law (Miscellaneous Provisions) Bill 2008
(to be presented by Hon Margaret NG, Chairman of the Bills Committee)
21.	Report of the Bills Committee on Fixed Penalty (Smoking Offences) Bill
(to be presented by Hon Andrew CHENG, Chairman of the Bills Committee)
22.	Report of the Bills Committee on West Kowloon Cultural District Authority Bill
(to be presented by Hon Mrs Selina CHOW, Chairman of the Bills Committee)

II. Questions

1. Hon TAM Yiu-chung to ask: (Translation)

Last month, a serious accident occurred at MTR Kwai Fong Station where a passenger awaiting trains on the platform was hit by a train, resulting in one death and four injuries. In this connection, will the Government inform this Council if it knows:

(a)	whether the MTR Corporation Limited ("MTRCL") has specific plans for advancing the retrofitting works of automatic platform gates ("APGs") at the 8 at-grade and aboveground stations of the pre-merger MTR system; if so, of the respective completion dates of the retrofitting works at those stations; if not, the reasons for that; and
(b)	the measures taken by MTRCL to enhance the protection for passengers on the platforms before completion of the above APG retrofitting works?

Public Officer to reply : Secretary for Transport and Housing

2. Hon Vincent FANG Kang to ask: (Translation)

Twelve non-staple food trade associations have relayed to me that starting from 1 June this year, the Agriculture, Fisheries and Conservation Department ("AFCD") has substantially increased the rentals for stalls in its Cheung Sha Wan and Western Wholesale Food Markets by 11.42%. The trade associations have alleged that AFCD has not only failed to honour the undertaking it made when relocating the traders to these markets that future rentals would be adjusted with reference to the Consumer Price Index (A), but has also taken the lead in pushing up food prices. AFCD explained to the traders that as the costs for the outsourced cleaning and security services of these markets had increased, the rentals had to be raised according to "the user pays" principle. In this connection, will the Government inform this Council:

(a)	of the rates of adjustment made to rentals for stalls this year for the four wholesale food markets under the Food and Health Bureau ("FHB"); whether these wholesale markets raised their rentals at the same time and at the same rate; and of the numbers of cleaning and security staff of these wholesale markets as well as the changes in their salaries in the past three years;
(b)	of the reasons for outsourcing the cleaning and security work of the above wholesale markets and the costs of outsourcing involved; whether the contracts concerned have stipulated the salary levels of the staff concerned; whether the cleaning and security work of public markets, which are also under FHB's purview and are managed by the Food and Environmental Hygiene Department, has been outsourced; if not, of the reasons for that, and how the costs for the cleaning and security work of such markets compare with the above outsourcing costs of the wholesale markets; and
(c)	of the occupancy rate of the stalls at the above wholesale markets and the number of entrants in the past three years; among these entrants, the respective numbers of traders engaged in non-staple food wholesaling and processing at the markets and customers entering the markets to make their purchases; and whether FHB has new plans to further attract more retailers to make their purchases at the markets?

Public Officer to reply : Secretary for Food and Health

3. Hon Emily LAU to ask: (Translation)

At its Session in December last year, the Standing Committee of the National People's Congress ("NPCSC") decided that the selection of the Chief Executive ("CE") and the election of the Legislative Council ("LegCo") in 2012 should not be implemented by the method of universal suffrage ("dual universal suffrage"). NPCSC did not make any specific undertaking to implement dual universal suffrage in 2017 and 2020. When seeking re-election in March last year, CE indicated that he would put forward an ultimate proposal for implementing universal suffrage. However, when attending the Question and Answer Session of this Council on 15 May this year, CE stated that the electoral system of functional constituencies, with modifications, could be in line with the principles of universal and equal suffrage, and could also be regarded as falling within the meaning of universal suffrage. In this connection, will the Executive Authorities inform this Council:

(a)	given that the Human Rights Committee of the United Nations had pointed out in its concluding observations published in 1995 that "the concept of functional constituencies, which gives undue weight to the views of the business community, discriminates among voters on the basis of property and functions. This clearly constitutes a violation of Articles 2, paragraph 1, 25(b) and 26" of the International Covenant on Civil and Political Rights ("ICCPR"), and the Committee also recommended that immediate steps should be taken by the authorities to ensure that the electoral system should be put in conformity with Articles 21, 22 and 25 of ICCPR, whether the authorities will consider afresh abolishing all functional constituency seats of LegCo, so that the electoral system for LegCo election will be in conformity with ICCPR;
(b)	how the authorities will convince the people of Hong Kong and the international community that the nomination system for future CE election will comply with the standards of the above international covenant, and that the requirement in Article 45 of the Basic Law regarding the nomination of CE election candidates by a nominating committee will not be used as a screening mechanism to exclude people who are not accepted by those in power from standing for CE election; and
(c)	how the authorities will convince the people of Hong Kong that they will draw up the proposals on the methods for selecting the fifth CE in 2017 and forming the seventh term LegCo in 2020 in accordance with the "ultimate proposal for implementing universal suffrage" mentioned by CE last year?

Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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

The rainstorm on the seventh of last month caused serious destruction to a vast area on Lantau, especially the area around Tai O, and brought about disastrous consequences to the road traffic, fresh water supply as well as the dwellings of the residents. Many residents criticized that the Government's contingency and relief measures were extremely inadequate. In this connection, will the Government inform this Council:

(a)	of what time on that day and through what channels the Government learnt of the extent of the damage caused to various facilities on Lantau and the situation of the affected residents; and the specific contingency measures immediately taken by the Government to support the affected residents when it learnt of the situation of the disaster; and
(b)	whether it has assessed if the contingency and relief measures taken by the authorities on the day of the rainstorm were adequate and effective; of the experience learnt and improvements to be made by them?

Public Officers to reply

:

Secretary for Home Affairs Secretary for Security

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

It has been reported that the "Shenzhen-Hong Kong Joint Preliminary Planning Study on Developing the Liantang/Heung Yuen Wai Control Point" is nearing completion and the internal study conducted by the Hong Kong Government to tie in with the development of the Liantang/Heung Yuen Wai boundary control point (the new BCP) is in its final stage. Both the Shenzhen Municipal Government and the Hong Kong Government expect that specific development details of the new BCP will be finalized in the latter half of the year. In this connection, will the Government inform this Council of:

(a)	the positioning and functions of the new BCP;
(b)	its preliminary idea about the road alignment of the new BCP within Hong Kong's territory; and
(c)	the links which will be established between the new BCP and other places within the existing Frontier Closed Area (such as Sha Tau Kok)?

Public Officer to reply : Secretary for Development

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

Will the Government inform this Council:

(a)	of the current total number of public housing estate ("PHE") blocks which do not have lifts installed, together with a table setting out the names of the PHEs where such housing blocks are situated, the age of such housing blocks and the number of units involved;
(b)	whether it will reconsider providing lifts in the PHE blocks which do not have lifts installed at present to facilitate the mobility of the elderly, disabled persons and other mobility-handicapped residents in PHEs; if so, of the details; if not, the reasons for that; and
(c)	whether the Government will, upon receipt of applications for transfer from the elderly, disabled persons and other mobility-handicapped residents who are currently living in PHE blocks without lifts, assist them in transferring to other housing blocks with lifts in the same PHEs or PHEs in the same district?

Public Officer to reply : Secretary for Transport and Housing

*7. Hon LEE Cheuk-yan to ask: (Translation)

Regarding the employment statistics compiled by the Census and Statistics Department, will the Government provide the statistics, in each of the past three years, on the number of employed persons and their average hours of work during the seven days before enumeration, broken down by industry group and occupation (please provide the statistics using the tables below)?

(a)

By industry group: Industry group Gender Number of employed persons ('000) Average hours of work during the seven days before enumeration (Hours) Hours of work during the seven days before enumeration (Hours) Less than 35 35 to 48 49 to 60 Over 60 Sub-total Clothing and footwear Male Female Both Sexes Other manufacturing industries Male Female Both Sexes Foundation and superstructure Male Female Both Sexes Decoration and maintenance Male Female Both Sexes Wholesale trade Male Female Both Sexes Retail trade Male Female Both Sexes Import / export trades Male Female Both Sexes Restaurants / hotels Male Female Both Sexes Transport and storage Male Female Both Sexes Communications Male Female Both Sexes Financing Male Female Both Sexes Insurance Male Female Both Sexes Real estate Male Female Both Sexes Business services Male Female Both Sexes Public administration Male Female Both Sexes Education, medical and other health services Male Female Both Sexes Welfare and community services Male Female Both Sexes Other services Male Female Both Sexes Other industries Male Female Both Sexes Total Male Female Both Sexes

(b)

By occupation: Occupation Gender Number of employed persons('000) Average hours of work during the seven days before enumeration (Hours) Hours of work during the seven days before enumeration (Hours) Less than 35 35 to 48 49 to 60 Over 60 Sub-total Managers and administrators Male Female Both Sexes Professionals Male Female Both Sexes Associate professionals Male Female Both Sexes Clerks Male Female Both Sexes Service workers and shop sales workers Male Female Both Sexes Craft and related workers Male Female Both Sexes Plant and machine operators and assemblers Male Female Both Sexes Elementary occupations (i) including foreign domestic helpers (ii) excluding foreign domestic helpers Male Female Both Sexes Male Female Both Sexes Other occupations Male Female Both Sexes Total (i) including foreign domestic helpers (ii) excluding foreign domestic helpers Male Female Both Sexes Male Female Both Sexes

Public Officer to reply : Secretary for Financial Services and the Treasury

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

Will the Government inform this Council if it knows:

(a)	the number of staff employed on fixed-term contracts ("FTC") by each University Grants Committee ("UGC")-funded institution in each of the past three years and, among them, the respective numbers of those who had been employed on fixed-term contracts for more than six years;
(b)	among the serving FTC staff of each UGC-funded institution, the highest number of contract renewals granted (together with the number of years for which the relevant staff have been employed) and the longest duration of employment (together with the number of contract renewals granted to the relevant staff);
(c)	whether UGC-funded institutions have established a mechanism whereby FTC staff may be offered substantive appointment after they have been employed for a certain number of years or have been granted a certain number of contract renewals; if there are such mechanisms, of the details; if not, the reasons for that;
(d)	whether UGC-funded institutions have set any limit on the proportion of FTC staff who may be offered substantive appointment; if so, of the proportion;
(e)	whether UGC-funded institutions have set a ratio of substantive staff to FTC staff; if so, of the ratio; if not, the reasons for that; and
(f)	whether UGC has formulated guidelines stipulating the ratio of substantive staff to FTC staff in UGC-funded institutions and that FTC staff may be offered substantive appointment after they have been employed for a certain number of years or they have been granted a certain number of contract renewals; if it has, of the details of the guidelines; if not, the reasons for that?

Public Officer to reply : Secretary for Education

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

Regarding the provision of lifts and escalators by the Government in public areas, will the Government inform this Council:

(a)	of the total number of Government-managed footbridges and pedestrian subways which had been retrofitted with lifts or escalators in the past three years, together with the information on the locations and commencement/completion dates of each of these projects, broken down by the facility provided; and whether it has any plan to provide such facilities at other Government-managed footbridges and subways; if it has, of the information on the above items for each of these projects, broken down by the facility to be provided;
(b)	given that it has recently been reported that there are members of the public criticizing that the provision of lifts by the Government at a footbridge at Shelter Street in Causeway Bay, where the pedestrian flow is low, is a waste of public money, but the Highways Department has explained that the project aims at providing barrier-free access for the public; yet the Government refused to provide lifts on Waterloo Road Hill in 2006 on the ground that the estimated daily usage of such lifts in terms of pedestrian flow was low, whether the Government has any plan to draw up new criteria for providing lifts or escalators in public areas; if it has, of such criteria; if not, whether it will review the existing criteria;
(c)	given that some residents of Whampoa area have relayed to me that the Government, despite its earlier announcement to provide lifts at two footbridges in Tsim Sha Tsui East, had refused to provide lifts at the section of the footbridge at Hung Hom Road opposite Whampoa Garden on the ground of inadequate resources, whether the Government will consider allocating additional resources to expedite the provision of such lifts, so as to accelerate the progress of providing barrier-free access; and
(d)	given that the Government will conduct several surveys on mitigation of traffic noise, and will draw up plans and timetables for the projects concerned, whether the Government will make similar arrangements for handling the projects of the provision of lifts and escalators in public areas, in order to facilitate the public in monitoring the work of the Government in providing barrier-free access?

Public Officer to reply : Secretary for Transport and Housing

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

It has been reported that the computer trade, with the support of the Environmental Protection Department, launched a territory-wide computer recycling programme in January this year. The target of the programme was to recover 50 000 items of computer equipment annually in the first two years of implementation. Almost half a year has lapsed since the pragramme was launched, but only about 10 000 items of computer equipment have been recovered, with merely some 250 items can be refurbished for subsequent donation, which have fallen far short of the target. In this connection, will the Government inform this Council:

(a)	whether it will assist the computer trade in improving the recovery of computer equipment, including providing additional collection points and stepping up publicity efforts; if it will, of the details; if not, the reasons for that;
(b)	whether it knows the respective numbers of computer equipment recovered and disposed of at landfills in each of the past three years, as well as the numbers hitherto this year; and
(c)	given that the above recycling programme depends on the voluntary recovery of computer equipment by the trade, whether the authorities will consider making, through legislation, the recovery of computer equipment by the trade mandatory, if the result of the programme is still not satisfactory after it has been implemented for one year; if they will, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for the Environment

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

It has been learnt that applicants for legal aid and Comprehensive Social Security Assistance ("CSSA") must pass both the income and assets tests, and the "cash values" of insurance policies held by them will be calculated as part of their assets. In this connection, will the Government inform this Council:

(a)	besides legal aid and CSSA, which of the loan schemes (such as the Financial Assistance Scheme for Post-secondary Students which provides tuition subsidy for tertiary students) and social assistance schemes (such as the Transport Support Scheme) offered by the Government or public organizations for members of the public at present require that applicants must pass the assets tests before they are granted loans or allowances; please list the names of such schemes, broken down by whether or not the above "cash values" are included in the calculation of the applicants' assets;
(b)	given that at present, the insured parties have to pay interests to the insurance companies concerned when they withdraw the "cash values" from their policies, therefore, unlike other assets, such "cash values" cannot be readily converted into cash to meet the needs of the livelihood of their holders, whether the Government will consider reviewing the methods adopted for the above subsidy schemes offered to members of the public (especially those providing legal aid and CSSA) for calculating the applicants' assets, and disregarding "cash values" in the calculation; and
(c)	given that several health care financing options mentioned in the Healthcare Reform Consultation Document involve proposals for members of the public taking out insurance, whether the Government has, when putting forward such options, taken into account the impact of the above "cash values" on members of the public when they apply for the assistance schemes concerned, and consulted the public in this regard?

Public Officer to reply : Secretary for Financial Services and the Treasury

*12. Hon SIN Chung-kai to ask:

On 17 April 2008, PCCW-HKT Telephone Limited ("PCCW") submitted an application to the Telecommunications Authority ("TA") to increase the Fixed-Mobile Interconnection Charge ("FMIC"), which is the interconnection charge payable by a mobile network operator ("MNO") to a fixed network operator ("FNO"), by 25%, i.e. from 4.36 cents per minute to 5.45 cents per minute. The application was deemed, according to the provisions of the fixed carrier licence of PCCW, to be approved as TA did not arrive, within 30 days from receipt of the application, at a definitive view that the tariff increase would, or would not, contravene the competitive provisions in the Telecommunications Ordinance (Cap. 106). The new FMIC was effective from 1 June 2008. In this connection, will the Government inform this Council:

(a)	of PCCW's justifications for its application to increase the FMIC, and the reasons why TA did not follow its past practice of consulting the affected parties before the new tariff was adopted;
(b)	whether it has assessed if the FMIC increase had contravened the spirit of section 7(L) of Telecommunications Ordinance regarding predatory pricing, given that PCCW's market share in fixed-network services is reportedly 70%; if it is assessed so, whether it is contemplating any measure to overturn the decision of TA; if it is assessed otherwise, the reasons for that;
(c)	given TA's policy of removing regulatory barriers to fixed-mobile convergence in Hong Kong, whether it has assessed the impact which the increased FMIC will have on the competitive position of MNOs vis-?-vis FNOs;
(d)	whether TA had considered and reached a view on the potential impact of the increased FMIC on the charges payable by customers of MNOs; and
(e)	whether TA had considered and reached a view on whether the other FNOs would follow PCCW's lead and increase their FMIC?

Public Officer to reply : Secretary for Commerce and Economic Development

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

The Computer Recycling Programme ("CRP") which is supported by the Environmental Protection Department was launched in January this year. Under CRP, used computers are collected and the better quality ones are donated to the needy through a charitable organization, while the rest are given to the recycler appointed under CRP for dismantling so as to recover useful parts and materials for recycling purpose. However, it has been reported that the only appointed recycler of CRP has not yet obtained the relevant licence for disposing of computer kinescopes, and that the company has been granted tenancy of the EcoPark in Tuen Mun concurrently. In this connection, will the Government inform this Council:

(a)	of the respective quantities of each type of computer products collected under CRP so far and, among them, the respective percentages of those which have been sent to the charitable organization for onward donation to the needy, those already dismantled and those which have not yet been disposed of;
(b)	whether the above recycler has applied for the relevant licence for disposing of computer kinescopes; if so, of the progress of the application; of the reasons why the authorities approved the appointment of such recycler as the recycler of CRP and granted it tenancy of the EcoPark; as well as the measures in place to prevent those companies which have not obtained the relevant licences from being awarded government contracts related to environmental protection; and
(c)	whether, in the past three years, the authorities had assessed if the Waste Disposal Ordinance (Cap. 354), which has been in force since 1980, is outdated and studied overseas legislation in this respect; whether the authorities will amend the relevant legislation to require that organizations which dispose of toxic computer parts must have the relevant licences, so as to protect the health of those working in the relevant trades and the general public?

Public Officer to reply : Secretary for the Environment

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

Regarding traffic accident black spots ("TABSs"), will the Government inform this Council:

(a)	of the location of each TAB, as well as the number of traffic accidents and resultant casualties at each TAB in each of the past three years; which of these TABS do not involve road sections with road junctions;
(b)	of the expressways and the road sections without road junctions at which a greater number of traffic accidents or resultant casualties occurred over the past three years;
(c)	whether it has made reference to the criteria and practices adopted in developed countries for classifying TABSs; and
(d)	whether traffic sign posts have been erected at all TABSs to remind drivers to drive with care; if not, of the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

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

It is learnt that prisoners who request Chinese medical treatments will be allowed to receive such treatments only if they can provide the Correctional Services Department with a report by toxicologists proving that the Chinese medicine proposed to be taken will not have adverse interactions with the treatments being administered to them by the medical officers at the penal institution. In this connection, will the Government inform this Council whether:

(a)	any prisoner had been allowed to receive Chinese medical treatments in the past three years; if so, of the number of such prisoners; if not, the reasons for that; and
(b)	it will provide assistance to prisoners to facilitate them in receiving Chinese medical treatments; if it will not, of the reasons for that?

Public Officer to reply : Secretary for Security

*16. Hon SIN Chung-kai to ask:

On 27 April 2007, the Telecommunications Authority ("TA") issued a statement announcing that it would, subject to a two-year transition period, de-regulate the Fixed-Mobile Interconnection Charge ("FMIC") arrangement by withdrawing the regulatory guidance in favour of a structure for payment of FMIC based on the Mobile Party's Network Pays ("MPNP") methodology. TA has stated that in the future primary reliance will be placed on negotiated outcomes between the fixed and mobile network operators, with TA intervening only if agreement cannot be reached. In this connection, will the Government inform this Council:

(a)	whether TA plans to withdraw the regulatory guidance on MPNP at the end of the transition period as scheduled;
(b)	whether it has assessed if TA's allowing PCCW-HKT Telephone Limited ("PCCW") to increase its FMIC with effect from 1 June 2008 is consistent with the policy of de-regulating the current FMIC arrangement; if it is assessed so, of the reasons for that;
(c)	whether it has assessed if PCCW's decision to increase its FMIC tariff without prior notice or consultation with other telecommunications operators is consistent with TA's preference for negotiated outcomes; and
(d)	whether TA will provide assurances that the deadline of 27 April 2009 for withdrawal of the regulatory guidance on MPNP will not be deferred?

Public Officer to reply : Secretary for Commerce and Economic Development

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

It has been reported that at the end of May this year, a female domestic helper was suspected of theft and was strip-searched by a policewoman at her employer's dwelling. On the other hand, the authorities stated in their letter dated 12 June to the Panel on Security of this Council that the new guidelines and procedures for conducting searches of detainees would make it explicit and clear that "a search involving the removal of underwear should not be conducted as a matter of routine but only in circumstances with strong justification", and that "a search involving the removal of clothing should be conducted with proper regard to the privacy and dignity of the detained person and in accordance with our human rights obligations". The authorities said that they would provide a copy of the new guidelines and information on the improved arrangements to the Panel at the end of June, and implement the new guidelines and the improved procedures in July. In this connection, will the Executive Authorities inform this Council:

(a)	whether they have investigated why the policewoman mentioned above strip-searched the female domestic helper at the her employer's dwelling, including whether the policewoman conducted the strip search "as a matter of routine";
(b)	of the details of the new guidelines and procedures;
(c)	what measures the Police will take to ensure that all police officers are aware of and will comply with the new guidelines and procedures; and
(d)	whether the Police will take disciplinary actions against those police officers who have not complied with the new guidelines and procedures in conducting body searches; if so, of the details?

Public Officer to reply : Secretary for Security

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

In January this year, the authorities recommended that studies be conducted on the development of Integrated Waste Management Facilities ("IWMF") with incineration as the core technology, on the grounds that the capacity of the three existing strategic landfills will be exhausted in the next four to eight years. In this connection, will the Government inform this Council:

(a)

whether it has assessed the effectiveness of the current work of the authorities in promoting the reduction, reuse and recycling of waste; if so, of the assessment outcome; and whether it will consider further enhancing the work in the above three areas, and consider levying waste disposal fees, in order to reduce waste generation and the pressure on landfills; and

(b)

given that it has been reported that an enterprise had proposed converting cement plants into incineration facilities and pointed out that, in terms of construction costs and waste-handling capacity, such proposal was better than the Government's proposal to build the above IWMF in Tsang Tsui or Shek Kwu Chau, whether the authorities have assessed the feasibility of the enterprise's proposal; if so, of the assessment outcome, and whether the authorities will consider consulting the public on this proposal, other proposals put forward by the community and its own proposals at the same time, so as to enable discussion by the community?

Public Officer to reply : Secretary for the Environment

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

Regarding the handling of vacant units in public rental housing ("PRH") estates, will the Government inform this Council:

(a)	of the number of vacant PRH units at the end of each of the past three years, broken by the reasons for such units being left vacant and, among them, the number of those allocated to Waiting List applicants within 12 months since they were vacant, as well as the number of units which have been vacant for three years or more, broken down by districts;
(b)	whether it has assessed the cost incurred and the average quantity of construction waste generated in removing the furnishings of each vacated unit;
(c)	of the annual expenditure incurred by the authorities on refurbishing vacated units; and
(d)	whether the authorities will review the existing relevant requirements, with a view to minimizing the construction waste generated in removing the furnishings of vacated units and saving the costs of refurbishing them?

Public Officer to reply : Secretary for Transport and Housing

*For written reply.

III. Bills

Second Reading (Debates to resume), Committee Stage and Third Reading
1.	Statute Law (Miscellaneous Provisions) Bill 2008	:	The Secretary for Justice
2.	Fixed Penalty (Smoking Offences) Bill	:	Secretary for Food and Health
3.	West Kowloon Cultural District Authority Bill	:	Secretary for Home Affairs
4.	Supplementary Appropriation (2007-2008) Bill	:	Secretary for Financial Services and the Treasury

IV. Motions

1.	Proposed resolution under the Pharmacy and Poisons Ordinance Secretary for Food and Health to move the following motion: RESOLVED that the following Regulations, made by the Pharmacy and Poisons Board on 6 June 2008, be approved -
	(a)	the Pharmacy and Poisons (Amendment) (No. 3) Regulation 2008; and
	(b)	the Poisons List (Amendment) (No. 3) Regulation 2008.
	(The two Regulations were issued on 13 June 2008 under LC Paper No. CB(3) 733/07-08)
2.	Proposed resolution under the Interpretation and General Clauses Ordinance Secretary for the Environment to move the motion
	(Contents of the motion are contained in LC Paper No. CB(3) 815/07-08 issued on 27 June 2008)

V. Members' Motions

1. Proposed resolution under the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region
   
   Hon Miriam LAU to move the following motion:
   
   RESOLVED that the amended terms of reference and list of corresponding bureaux/bodies set out in the Schedule, as recommended by the House Committee, be approved in respect of the existing 18 Panels formed by resolutions made and passed by this Council at its meetings of 8 July 1998, 20 December 2000, 9 October 2002 and 11 July 2007; and that the amendments so approved shall take effect on the day when the 2008-2009 session of the Council begins.

   (The aforesaid Schedule was issued on 17 June 2008
   under LC Paper No. CB(3) 753/07-08)

2. Report of the Subcommittee to Study Issues Relating to the Provision of Boarding Places, Senior Secondary Education and Employment Opportunities for Children with Special Educational Needs
   
   Dr Hon Fernando CHEUNG: (Translation)
   
   That this Council endorses the Report of the Subcommittee to Study Issues Relating to the Provision of Boarding Places, Senior Secondary Education and Employment Opportunities for Children with Special Educational Needs, and urges the Government to implement the recommendations therein.
   
   

   Public Officers to attend

   :

   Secretary for Education Secretary for Labour and Welfare

   
   

3. Proactively promoting waste recovery and recycling
   
   Hon Vincent FANG Kang: (Translation)
   
   That, as the amount of waste generated in Hong Kong continues to increase, in which there are a lot of recyclable and useful materials, yet the Hong Kong Government has no dedicated department responsible for waste recovery and no policy to encourage the recycling industries to recycle local waste, resulting in a large quantity of useful materials being dumped at landfills; together with the imminent passage of the Product Eco-responsibility Bill, which contains no proposal on complementary measures to recover and recycle plastic bags, this Council urges the Government to:
   
   

   (a)	review the effectiveness of the relevant Ordinance one year after the imposition of levy on plastic bags, including the quantity of plastic bags reduced, recovered and recycled;
   (b)	establish a dedicated department under the Environment Bureau to formulate a policy on recovery of recyclable waste, and enhance its collaboration with the Food and Environmental Hygiene Department, which is responsible for handling refuse, to implement separate recovery of recyclable waste;
   (c)	provide incentives or appropriate assistance to waste collectors, and regulate the recovery trades and promote their development; and
   (d)	provide incentives in terms of taxation or land, etc. to attract advanced local or international waste recycling trades to invest in the waste recycling industries in Hong Kong, so as to process the waste generated locally by recycling as far as practicable, thereby reducing the waste ultimately dumped at landfills, promoting the sustainable development of the Hong Kong economy, and creating job opportunities.

   
   

   Amendments to motion
   (i)	Hon CHOY So-yuk: (Translation) To delete ", as" after "That" and substitute with "Hong Kong's economy and population keep growing, coupled with the proliferation of consumerism,"; to delete "in Hong Kong" after "the amount of waste generated"; to delete "the Hong Kong Government has no dedicated department responsible for waste recovery and no policy to encourage the recycling industries to recycle local waste" after "yet" and substitute with "Hong Kong has no clear policy and effective measures to implement separate recovery and reuse of waste in a comprehensive manner"; to delete "establish a dedicated department under the Environment Bureau to formulate a policy on recovery of recyclable waste, and enhance its collaboration with the Food and Environmental Hygiene Department, which is responsible for handling refuse, to implement separate recovery of recyclable waste;" after "(b)" and substitute with "establish a dedicated department and allocate more resources to consolidate an administrative framework related to waste handling and recovery which will be responsible for running a follow-through work process from source separation, material recovery, waste collection to waste disposal, and at the same time enhancing the efficiency of waste handling and recovery; (c) expeditiously implement the legislative work for other products mentioned in the Product Eco-responsibility Bill so as to reduce waste generation and increase incentives to recover waste, and promote the industrial activities relating to the recovery and reuse of resources; (d) expeditiously implement the 'variable rate charging scheme for refuse' to fully achieve the polluter-pays principle, so that the public would undertake their own eco-responsibilities, and through economic incentives, encourage the public to proactively participate in waste separation and recovery, with a view to ultimately pursuing the objective of waste avoidance at source; (e) device an effective mechanism for bulk recovery of food waste, set up more facilities for recovery and reuse of food waste, review the present land use restrictions to encourage private organizations to engage in industries related to the recovery and reuse of food waste, and procure fertilizers converted from locally recovered food waste by the Government for use on plants grown in gardens and on roadsides;"; to delete the original "(c)" and substitute with "(f)"; to add "proactively examine the feasibility of implementing a licensing regime for waste collectors, so as to" after "waste collectors, and"; to delete "and promote their development; and" after "regulate the recovery trades" and substitute with ", thereby minimizing the disturbance of the trades to the public and promoting the development of the recovery trades;"; to delete the original "(d)" and substitute with "(g)"; to add ", expand the scope of 'EcoPark' and improve the infrastructural facilities and leasing conditions" after "taxation or land, etc."; and to add "; (h) formulate a green procurement policy with the Government taking the lead in requiring all departments and contractors to comply with it, so as to provide steady outlets for green products; implement a green certification and labelling system, as well as establish a database to facilitate the Government, private organizations and the public to identify when procuring such products; and (i) adopt effective measures to appropriately address the problem of illegal dumping, so as to minimize improper disposal of recyclable materials" immediately before the full stop.
   (ii)	Hon SIN Chung-kai: (Translation) To add "the landfill capacity in Hong Kong is inadequate and" after "That, as"; to delete "in Hong Kong" after "the amount of waste generated" and substitute with "locally"; to add "and other materials" after "recycle plastic bags"; to delete "and" after "promote their development;" and to add "; and (e) proceed with the legislative work on the producer responsibility schemes for vehicle tyres, packaging materials, beverage containers, electrical and electronic equipment and rechargeable batteries in the next two legislative sessions" immediately before the full stop.
   (iii)	Hon Audrey EU: (Translation) To delete "has no dedicated department responsible for waste recovery and no" after "the Hong Kong Government" and substitute with "departments work separately in handling waste and has no effective"; to add "electrical and electronic equipment, packaging materials, beverage containers and rechargeable batteries, etc," after "recycle plastic bags,"; to add "expeditiously introduce the producer responsibility schemes and related bill for items such as electrical and electronic equipment, packaging materials, beverage containers and rechargeable batteries, so as to give this Council sufficient time for scrutiny; (c) use the proceeds from the levy on plastic bags to set up a green fund to encourage waste reduction and recovery work; (d) " after (b)"; to delete the original "(c)" and substitute with "(e)"; and to delete the original "(d)" and substitute with "(f)".

   
   Public Officer to attend : Secretary for the Environment

4. Motion for the adjournment of the Council
   
   Hon Tommy CHEUNG: (Translation)
   
   That this Council do now adjourn for the purpose of debating the following issue: Predicament faced by the live poultry trade.
   
   Public Officer to attend : Secretary for Food and Health

Clerk to the Legislative Council