A 09/10-17

Legislative Council

Agenda

Wednesday 3 February 2010 at 11:00 am

I. Tabling of Papers

1.No. 65-Report by the Controller, Government Flying Service on the Administration of the Government Flying Service Welfare Fund and the audited financial statements for the year ended 31 March 2009 together with the Director of Audit's report
(to be presented by the Secretary for Security)

2.No. 66-Report by the Commissioner of Correctional Services of Hong Kong Incorporated on the Administration of the Correctional Services Department Welfare Fund for the year ended 31 March 2009
(to be presented by the Secretary for Security)

3.No. 67-Report of the Public Accounts Committee on the Reports of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2009 and the Results of Value for Money Audits (Report No. 53)
(February 2010 - P.A.C. Report No. 53)
(to be presented by Dr Hon Philip WONG, Chairman of the Public Accounts Committee, who will address the Council)

4.Report No. 4/09-10 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Miriam LAU, Chairman of the House Committee)

5.Report of the Bills Committee on Occupational Deafness (Compensation) (Amendment) Bill 2009
(to be presented by Dr Hon PAN Pey-chyou, Chairman of the Bills Committee)

II. Questions

1. Hon Fred LI to ask: (Translation)

The Government announced on 13 January this year that the Chief Executive ("CE") had accepted the recommendation of the Selection Board and appointed Mr LAM Woon-kwong, the former Director of CE's Office, as the Chairperson of the Equal Opportunities Commission ("EOC") for a term of three years. Moreover, in August last year, the Committee on the Elimination of Racial Discrimination of the United Nations ("the Committee") considered the report of the Hong Kong Special Administrative Region ("HKSAR") in accordance with the International Convention on the Elimination of all Forms of Racial Discrimination, and recommended in its concluding observations that the HKSAR should adopt "an equality plan with a view to ensuring the effective implementation of the law and that the Equal Opportunities Commission be strengthened". In this connection, will the Executive Authorities inform this Council:
    (a)given that many civic society organizations consider that the Chairperson of EOC must have commitment, in-depth knowledge and ample experience in promoting equal opportunities, whether the authorities have assessed if Mr LAM has met these requirements; if the assessment result is in the affirmative, of the track record of Mr LAM's actual work experience in this regard; and whether the authorities have considered if he can cooperate effectively with the civic society which promotes equal opportunities;

    (b)whether they have assessed if the appointment of a former politically appointed principal official under the accountability system as the Chairperson of EOC will affect the image of EOC, which should be independent, fair and impartial, and if it will cause the public to lose confidence that EOC can handle complaints against the authorities concerned in a proactive and impartial manner; and

    (c)how the authorities interpret the Committee's recommendation that HKSAR should adopt "an equality plan with a view to ensuring the effective implementation of the law and that the Equal Opportunities Commission be strengthened", and what new measures they will take to respond to this recommendation?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

2. Hon James TO to ask: (Translation)

According to recent media reports, Mr ZHOU Yongjun, a leader of the June 4th democracy movement, was arrested and detained by the Hong Kong Police Force upon arrival in Hong Kong from the United States via Macao in September 2008. He was then removed by the authorities to the Mainland where he was detained. Recently, he was convicted by a mainland court of the offence of "financial fraud" and was sentenced to nine years' imprisonment. The reports cited the Government's response that visitors who did not possess valid travel documents and were refused entry would usually be repatriated to their places of origin and, before removal, the person concerned had the right to indicate the destination to which he wished to be removed or to lodge an appeal against the removal. In this connection, will the Government inform this Council:
    (a)of the Police's reasons for arresting and detaining Mr ZHOU Yongjun;

    (b)of the Government's justifications and legal basis for removing Mr ZHOU Yongjun to the Mainland; before removing Mr ZHOU Yongjun, whether the authorities had allowed him to indicate the destination to which he wished to be removed, or to lodge an appeal against his removal; and

    (c)whether Mr ZHOU Yongjun was removed to the Mainland at the request of the mainland authorities; whether, in deciding to remove Mr ZHOU Yongjun to the Mainland, the authorities had considered that he might be subject to political prosecution because of his capacity as a leader of the June 4th democracy movement?
Public Officer to reply : Secretary for Security

3. Hon Vincent FANG to ask: (Translation)

I have separately received requests for assistance from manufacturers, importers, wholesalers and retailers of various goods, who pointed out that the types and numbers of counterfeit goods sold on the market are on the increase. In this connection, will the Government inform this Council:
    (a)of the number of cases of counterfeit goods being seized by the Customs and Excise Department in the past three years, the types of counterfeited goods seized, the number of persons convicted, and the maximum penalty imposed on them;

    (b)whether there are, apart from the Customs and Excise Department, other government departments which are responsible for investigating if the goods sold on the market are "No Fakes"; if so, of the circumstances under which such government departments will take enforcement actions; and

    (c)whether the Government will step up measures to ensure that the goods sold on the market are "No Fakes"; whether the Government has any plan to commit more resources to enhance publicity that the goods sold in Hong Kong are genuine, so as to safeguard Hong Kong's reputation as a "Shoppers' Paradise"?
Public Officer to reply : Secretary for Commerce and Economic Development

4. Hon KAM Nai-wai to ask: (Translation)

At the Question and Answer Session of this Council last month, the Chief Executive ("CE") said that he would strengthen communication with young people. However, he did not go out of the Legislative Council Building immediately to talk to those young people who were on a fast in protest against the allocation of funds for constructing the Hong Kong section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link, as suggested by some Members of this Council, and said that he would look for an appropriate occasion to communicate with them. In this connection, will the Government inform this Council:
    (a)whether it has assessed when the appropriate time is for CE and the principal officials under the accountability system to directly communicate with young people; if it has, of the results, as well as through what means and with which groups of young people they will communicate;

    (b)of the respective numbers of members of the Commission on Youth who were born before 1950, between 1950 and 1959, 1960 and 1969, 1970 and 1979, and in 1980 or after; of the criteria and standards for appointing these members by the Government; whether the Government has assessed the effectiveness of the work of the Commission in the past five years; if it has, of the results, including those issues of wide public concern on which the Commission had consulted young people, and the youth matters on which it had given its views to the Government; and

    (c)whether it has assessed the effectiveness of the activities which were organized in the past three years for the purpose of receiving the views of young people, such as youth forums, youth councils and youth summits; if it has, of the results and the issues on which the aspirations and wishes of young people had been heard, as well as the future plan to receive more widely and seriously the views of young people on government policies?
Public Officer to reply : Secretary for Home Affairs

5. Hon Emily LAU to ask: (Translation)

On the 15th of last month, a spokesperson of the Hong Kong and Macao Affairs Office of the State Council said: "Recently, individual social groups in Hong Kong have announced that they would conduct a 'five geographical constituencies referendum campaign' under the theme of 'implementation of genuine universal suffrage and abolition of functional constituencies as soon as possible'. We express grave concern about this." The spokesperson also commented: "Conducting such so called 'referendum' in any form in the Hong Kong Special Administrative Region ("HKSAR") in respect of its future constitutional development does not conform with the legal status of HKSAR. It is also a fundamental contravention of the Basic Law of HKSAR and the relevant decision of the Standing Committee of the National People's Congress". In this connection, will the Executive Authorities inform this Council:
    (a)whether they have made enquiries with the Central Government and conducted any study locally on which provisions in the Basic Law the de facto referendum campaign promoted by the civic community has contravened; if they have, of the details;

    (b)given that the Basic Law does not prohibit civic referendum activities whereas the Central Government considers the aforesaid activity a contravention of the Basic Law, whether they have studied if activities not stipulated as legal under the Basic Law are all illegal; if such a study has been conducted, of the outcome; and of the criteria adopted by the authorities for determining whether an activity contravenes the Basic Law; and

    (c)what measures the SAR Government will take in response to the Central Government's comment that the aforesaid referendum activity has contravened the Basic Law?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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

It has been reported that a number criminal cases involving young people which occurred recently are related to triad gangs. In this connection, will the Government inform this Council:
    (a)of the number of young people aged below 18 who were convicted of criminal offences in each of the past three years, with a breakdown by the category of the offence; among them, the respective proportions of young people who were attending and had dropped out of schools at the time when they committed the crimes, as well as the proportion of those involved in crimes related to triad gangs;

    (b)given that there are at present only 85 liaison officers under the School Liaison Officer Scheme, which was implemented by the Police to prevent primary and secondary school students from committing crimes, and each officer has to be responsible for following up 14 schools on average, whether the authorities had, in the past three years, assessed the effectiveness of the Scheme; if they had, of the outcome; whether the Police will consider enhancing manpower to the extent that one liaison officer will be responsible for one school only; if they will not, of the reasons for that; and

    (c)whether the Government will consider amending the law to raise the relevant penalties so as to deter and combat juvenile crimes?
Public Officer to reply : Secretary for Security

*7. Dr Hon PAN Pey-chyou to ask: (Translation)

Some organizations have relayed to me earlier that the Government currently employs a group of staff who work for less than 18 hours per week, and their terms of employment in the aspects of salary, benefits, holidays and number of working days, etc. are worse than those for non-civil service contract staff. Regarding the terms of employment of the aforesaid staff, will the Government inform this Council:
    (a)of the current number of the aforesaid staff employed by the Government, with a breakdown by government department and post;

    (b)among the staff mentioned in paragraph (a):

    (i)of the number of those continuously employed on contract terms, with a breakdown by year of continuous service (i.e. less than one year, and groups of three years each thereafter up to seven years or above); and

    (ii)of the number of those employed on an hourly rate basis, with a breakdown by hourly rate (i.e. less than $18, and groups of five dollars each thereafter up to $33 or above); and

    (c)whether the Government has, apart from the Mandatory Provident Fund Scheme, provided any employee benefit to the aforesaid staff at present; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Civil Service

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

According to the findings of a survey conducted earlier on residential care homes for the elderly ("RCHEs") by an elderly association, 90% of the elderly and over 90% of their family members responding to the survey are in favour of introducing a professional grading system on the performance of private RCHEs, so as to enhance the transparency of RCHEs in the market. Under the existing arrangement of the Comprehensive Social Security Assistance ("CSSA") Scheme, the CSSA payments for elderly recipients staying in RCHEs will be deducted if they receive contributions from their family members to meet part of the home fees. The findings of the survey also reveal that elderly people consider that the authorities need to review the arrangement so that more elderly people can afford to stay in private RCHEs, and then the quality of such institutions can be upgraded comprehensively. In this connection, will the Government inform this Council:
    (a)whether it will introduce a professional grading system on the performance of private RCHEs to enhance their transparency, so as to facilitate the public in choosing elderly services; if so, of the details; if not, the reasons for that;

    (b)whether it will review the aforesaid arrangement of the CSSA Scheme so that elderly recipients staying in private RCHEs will be allowed to receive financial support from their family members to cover part of the home fees without their CSSA payments having to be deducted; if so, of the details; if not, the reasons for that;

    (c)whether inspections of RCHEs have been stepped up after the elder abuse incident in a private RCHE in Sheung Shui, so as to prevent the recurrence of such incidents; if so, of the details; if not, the reasons for that; and

    (d)of the number of elder abuse cases uncovered during inspections of private RCHEs by the Social Welfare Department ("SWD") in the past three years, as well as the follow-up actions taken by SWD and the results of such actions?
Public Officer to reply : Secretary for Labour and Welfare

*9. Hon Andrew CHENG to ask: (Translation)

It has been reported that the Hospital Authority ("HA") sought funding of over $10 million from the Food and Health Bureau last year for renovating the Conference Hall in the HA Building, and HA indicated that as the works was an internal administrative matter, the details would not be made public. It has also been reported that Tuen Mun Hospital had spent around $1 million on renovating a conference room. Regarding monitoring internally by HA and by the Executive Authorities of the improvement works carried out in the premises under HA and its hospitals, will the Government inform this Council:
    (a)whether it knows the total number of renovation and improvement works projects carried out in the hospitals under HA in each of the past three years, and the percentage of those involving facilities which will be used directly by patients;

    (b)whether it knows the hospital, premises, works items, reasons for carrying out the project and the amount of/estimated expenditure involved in each of the improvement works projects carried out or completed last year and those which have been approved but not yet commenced, as well as the name(s) of the committee(s) or post title(s) of the staff concerned which/who gave approval;

    (c)whether it knows if prior approval of the HA Board had been obtained for the aforesaid renovation works for the Conference Hall of the HA Building; and the mechanism for approving expenditure at different levels of HA (including the HA Head Office, cluster and hospital levels); and if there are any express requirement that the management must obtain approval from the authorities concerned (including the HA Board) for expenditures exceeding a certain amount; if so, of the details; and

    (d)whether the Audit Department plans to conduct an audit review on the decision-making processes as well as the autonomy and accountability of the management in the allocation and use of funds by HA and its hospitals; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

*10. Hon IP Wai-ming to ask: (Translation)

Will the Government inform this Council whether it knows the respective numbers of self-employed persons engaged in the construction, catering and manufacturing industries who had taken out employees' compensation insurance and had joined mandatory provident fund schemes in each of the past 10 years; if it does not know, whether the authorities will collect the relevant data expeditiously?

Public Officer to reply : Secretary for Labour and Welfare

*11. Hon Miriam LAU to ask: (Translation)

It has been reported that the utilization rates of quite a number of government multi-storey car parks under the Transport Department ("TD") are persistently on the low side. In this connection, will the Government inform this Council:
    (a)of the respective utilization rates of the various government multi-storey car parks under TD at present;

    (b)apart from the parking standards stipulated in the Hong Kong Planning Standards and Guidelines, whether the authorities have considered other factors in deciding on the number of parking spaces required to be provided in various districts; if they have, of the details; if not, the reasons for that;

    (c)whether the authorities had, in the past two years, looked into the causes for the persistently low utilization rates of government multi-storey car parks; if they had, of the results; if not, whether they will conduct the relevant study;

    (d)whether the authorities will re-assess the respective parking requirements of different categories of vehicles in various districts in Hong Kong, so as to ascertain the actual parking requirements in various districts and if their supply of parking spaces is sufficient; if they will; of the details; if not, the reasons for that;

    (e)whether the authorities will adopt new measures to attract more users to those government multi-storey car parks with persistently low utilization rates (e.g. providing hourly or monthly parking spaces with parking fees lower than those in private car parks, or introducing parking schemes with longer rental periods, or relaxing the restrictions for parking medium and heavy vehicles at government multi-storey car parks); and

    (f)given that some members of the transport industry have relayed to me that there is a shortage of parking spaces for medium and heavy vehicles in many districts, whether the authorities will consider altering or rebuilding some of the government multi-storey car parks with low utilization rates, so as to increase the number of such parking spaces; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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

It has been reported earlier that a survey conducted by a childhood vaccines concern group has indicated that more than 30% of the parents interviewed did not know that the Government had started to provide free pneumococcal catch-up vaccinations for children under two years old since September last year, more than 60% of the parents interviewed said that they had not yet taken their children to Maternal and Child Health Centres for such vaccination, and more than 80% of the parents interviewed considered that the Government's publicity work was insufficient. Moreover, the concern group has also pointed out that at present, the Government focuses its publicity work on the Childhood Influenza Vaccination Subsidy Scheme, and it suggests that the Government should at the same time enhance publicity on the various vaccinations as well as simplify the procedure for making appointments for vaccinations. In this connection, will the Government inform this Council:
    (a)of the respective numbers of children vaccinated through the Childhood Pneumococcal Vaccination Programme and the Childhood Influenza Vaccination Subsidy Scheme since the implementation of the two schemes on 1 September and 19 October last year respectively; how such numbers compare with the originally expected numbers; the respective numbers of vaccinations already disposed of at present and those expected to be disposed of after the expiry of the two schemes; and

    (b)whether the authorities have assessed if parents will be confused by the need to arrange for their children to receive a number of vaccinations within the same period; if the assessment outcome is in the affirmative, whether the authorities will consider making improvements (including enhancing publicity on the effectiveness of the vaccinations concerned, simplifying the procedure for making appointments for vaccinations, adding more locations for vaccinations and extending the office hours to facilitate parents in bringing their children to receive vaccinations after work)?
Public Officer to reply : Secretary for Food and Health

*13. Hon LEE Wing-tat to ask: (Translation)

In the middle of last month, a traffic accident occurred when a kindergarten pupil and his parent were crossing the road near his school in Ho Sheung Heung in Sheung Shui, resulting in one dead and the other seriously injured. Regarding the safety of pedestrians in the vicinity of kindergartens and primary schools in rural areas ("rural schools"), will the Government inform this Council:
    (a)of the number of traffic accidents which occurred in the vicinity of rural schools in the past three years, as well as the casualties involved;

    (b)of the number of rural schools without railings or road-crossing facilities outside their entrances and along the pavements in the vicinity; and

    (c)how the Transport Department and the Education Bureau will coordinate with each other and what road safety improvement measures will be taken, including whether speed humps will be added to the carriageways in the vicinity of rural schools to slow down vehicles, so as to protect the safety of the pupils, parents and teaching staff of the kindergarten involved in the aforesaid accident as well as other rural schools?
Public Officer to reply : Secretary for Transport and Housing

*14. Dr Hon LAM Tai-fai to ask: (Translation)

At the meeting of this Council on 20 January of this year, I raised an oral question regarding the Arrangement between the Mainland of China and the Hong Kong Special Administrative Region for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income ("Arrangement") signed by the authorities of the Mainland and Hong Kong on August 21, 2006. In connection with the reply given by the Secretary for Financial Services and the Treasury, will the Government inform this Council:
    (a)whether it will request the Inland Revenue Department ("IRD") to record the annual number of Hong Kong residents who have to pay tax on the Mainland because they have worked on the Mainland for more than 183 days in any 12-month period and have applied to IRD for tax exemption in Hong Kong; if it will, when it will commence the work; if not, the reasons for that;

    (b)of the number of times the authorities have conveyed to the mainland authorities concerned since the implementation of the Arrangement the views of members of the trade in Hong Kong that the 183-day threshold should be relaxed, as well as the contents of the views, the name of the mainland authorities and the dates of meetings between the two parties;

    (c)given that the mainland authorities concerned are of the view that the 183-day threshold has worked well all along and they see no sufficient justifications for changing it at present, whether it knows the details of "sufficient justifications"; if not, whether it will request the mainland authorities concerned to give further explanation;

    (d)whether it knows if the 183-day threshold is also adopted in the agreements on avoidance of double taxation signed among the member states of the European Union for allocation of taxing rights; if it does, of the titles of such agreements; if not, the reasons for that;

    (e)since the implementation of the Arrangement:

    (i)whether any mainland resident employed in Hong Kong and was present in Hong Kong for more than 183 days in any 12-month period has informed IRD of his inability to pay tax or the need to apply for deferring tax payment; if so, of the respective numbers of cases involved, reasons for their inability to pay tax, total amount of taxes involved in each case and the amount of taxes in default; and

    (ii)whether any Hong Kong resident employed on the Mainland and was present on the Mainland for more than 183 days in any 12-month period has informed IRD or the offices of the HKSAR Government on the Mainland of his inability to pay tax on the Mainland; if so, of the respective numbers of cases involved, reasons for their inability to pay tax, total amount of taxes involved in each case and the amount of taxes in default;

    (f)whether there is any measure or mechanism in place to assist the Hong Kong residents in (e)(ii) to apply to the mainland authorities concerned for deferring tax payment and to appeal to the mainland authorities concerned against the assessed amount of tax;

    (g)whether it has assessed the respective numbers of Hong Kong residents who will be present on the Mainland for more than 183 days each year after the implementation/commissioning of the "one-hour quality living sphere" programme, Hong Kong Section of Guangzhou-Shenzhen-Hong Kong Express Rail Link and Hong Kong-Zhuhai-Macao Bridge; if it has, of the details; if not, the reasons for that;

    (h)how the authorities at present establish through the immigration records that the presence of Hong Kong residents on the Mainland is for work, so as to determine whether such persons are working on the Mainland for more than 183 days;

    (i)whether it has assessed if the 183-day threshold will hamper the aspirations of Hong Kong residents to conduct business, work or reside on the Mainland, and whether it is contradictory to the original intention of the Hong Kong-Guangdong economic integration policy; if it has, of the details; of not, the reasons for that;

    (j)of the total number of submissions requesting for the relaxation of the 183-day threshold received by the authorities since the implementation of the Arrangement, and of the number of days for the relaxed threshold suggested in most of these submissions;

    (k)whether it will conduct a territory-wide survey of members of the various trades on the implementation of the Arrangement, so that it can obtain and put forward sufficient justifications to request the mainland authorities concerned to relax the existing 183-day threshold; if it will, when such a survey will be conducted; if not, the reasons for that;

    (l)whether it has assessed the impact of relaxing the existing 183-day threshold to at least 260 days, or even removing such a threshold, on the tax revenue and economic development of the Mainland and Hong Kong; if it has, of the details; if not, whether it will consider making such an assessment; and

    (m)whether it has assessed if the 183-day threshold has been enforced effectively since the implementation of the Arrangement; if the assessment result is in the affirmative, of the details; if the assessment result is in the negative, the reasons for that, and whether it will propose to the mainland authorities concerned removing the 183-day threshold?
Public Officer to reply : Secretary for Financial Services and the Treasury

*15. Hon CHEUNG Kwok-che to ask: (Translation)

Regarding the mental health services provided by the Hospital Authority ("HA"), will the Government inform this Council whether it knows in the past two years:
    (a)the following annual figures of the psychiatric specialist out-patient clinics of public hospitals and mental hospitals under HA:

    (i)the respective numbers of persons aged five or below, six to 12 and 13 to 19 (children and youths ("C&Ys")) treated at the aforesaid specialist out-patient clinics and; among them, the number of new cases involved, and the respective numbers of C&Ys diagnosed as having mental health problems;

    (ii)the respective average waiting time and attendances for cases for first appointment and scheduled appointments (including urgent and non-urgent cases) of psychiatric specialist out-patient services for C&Ys and adults;

    (iii)the number of admissions of C&Ys to mental hospitals;

    (iv)the respective numbers of C&Y mental illness cases handled by the aforesaid specialist out-patient clinics and mental hospitals, with a breakdown by the type of illness (e.g. schizophrenia, depression, anxiety and other emotional illnesses, etc.); and

    (v)the percentage of C&Ys and adult out-patients of psychiatric specialist out-patient who did not turn up for follow-up consultations (including urgent and non-urgent cases);

    (b)the respective numbers of admissions of C&Ys with mental health problems to half-way houses, supported hostels and long-stay care homes each year;

    (c)the number of cases handled under the Child and Adolescent Mental Health Community Support Project, as well as the number of psycho-educational activities held and the hours of consultation service provided each year; and

    (d)the respective numbers of psychiatrists and clinical psychologists in public medical institutions who provided services for C&Ys with mental health problems?
Public Officer to reply : Secretary for Food and Health

*16. Hon Paul TSE to ask: (Translation)

It has been reported that the situation of taxi drivers deceiving travellers by various illegal practices (including deceptively claiming that fares are in US dollars, activating the meters before picking up passengers as well as overcharging luggage fees and tunnel fees, etc.) is not uncommon in recent years. There was even an incident which occurred in December last year of a taxi driver allegedly detaining a few travellers after an argument with them over overcharging, which seriously undermines the reputation of Hong Kong's tourism industry. In this connection, will the Government inform this Council:
    (a)of the number of complaints received by the authorities about taxi drivers allegedly deceiving travellers by various illegal practices in each of the past three years; of the usual procedure for handling such complaints by the authorities upon receipt of the complaints, as well as the time usually needed for handling the complaints; where the investigation work of the complaints concerned can only be completed after the travellers have departed from Hong Kong, whether the authorities will inform such travellers of the investigation result;

    (b)given that quite a number of travellers only make short stays in Hong Kong, whether the authorities have set up an express mechanism for handling travellers' complaints, so as to properly handle complaints similar to the aforesaid situations; if they have, of the details; if not, whether they will do so as soon as possible; and

    (c)whether it will increase the penalty on taxi drivers who used the aforesaid illegal practices to deceive travellers, and enhance inspection and prosecution work, so as to create deterrent effect; if it will, of the specific details?
Public Officer to reply : Secretary for Transport and Housing

*17. Hon Starry LEE to ask: (Translation)

It has been reported that during an anti-narcotics operation of the Police before Christmas last year, it was uncovered that a bar on an upper floor of a building in Tsim Sha Tsui had violated the licensing conditions, as about 400 customers had gathered in that bar which is allowed to serve only 49 customers. Some members of the trade have pointed out that some operators of entertainment establishments violated the licensing conditions for the sake of profits, and it is common that the number of people in an entertainment establishment exceeds the limit. The consequence would be unthinkable should an accident occur. At present, quite a number of entertainment establishments are located on the upper floors of composite buildings, which are for both commercial and residential purposes. The safety of such establishments is regulated by various ordinances, including the Fire Safety (Commercial Premises) Ordinance (Cap. 502), the Fire Safety (Buildings) Ordinance (Cap. 572) as well as the Karaoke Establishments Ordinance (Cap. 573) and its subsidiary legislation. In this connection, will the Government inform this Council of:
    (a)the number of entertainment establishments in composite buildings in each District Council district in Hong Kong, together with a breakdown by the type of entertainment establishment; and

    (b)the number of routine inspections carried out by the authorities of the entertainment establishments in (a) in each of the past three years, together with a breakdown by the type of entertainment establishment; among such inspections, the respective numbers of those which uncovered that the numbers of people in the establishments exceeded the maximum numbers of people stipulated in the licensing conditions and the establishments had violated the aforesaid ordinances; the usual number of people in excess of the limit; the respective number of prosecutions instituted by the authorities in respect of these two types of situations, as well as the number of cases in which the persons involved were convicted and the usual penalties?
Public Officer to reply : Secretary for Food and Health

*18. Hon Mrs Regina IP to ask: (Translation)

It has been reported that a magazine recently published on its front cover some sexy photographs taken clandestinely of a female university student in her home, which has enraged quite a number of members of the public and many of them, in particular women, consider such act an insult to women and infringement of privacy. In this connection, will the Government inform this Council of the policies and legislation in place at present to sanction such act?

Public Officer to reply : Secretary for Constitutional and Mainland Affairs

*19. Hon KAM Nai-wai to ask: (Translation)

It has been reported that members of the public have to pay an environmental levy of 50 cents for each plastic bag taken from registered retailers when shopping at their retail outlets since the implementation of the Environmental Levy Scheme for Plastic Shopping Bags in July 2009, and the number of plastic bags distributed by supermarkets and convenience stores has significantly reduced by 80% to 90%, while the total amount of levy income collected by the Government in the first three months was over $6 million. Regarding the implementation of mandatory producer responsibility schemes for various products, will the Government inform this Council:
    (a)of the total amount of levy income expected to be collected in the first year of the implementation of the aforesaid Scheme; how the Government will dispose of the income, whether it will use such income for waste and pollutant treatment so as to give effect to the "polluters pay" principle, as well as use it for carrying out other environmental protection work (e.g. paying for the operating expenses of landfills, subsidizing the recycling industry and promoting environmental protection);

    (b)whether the Government will formulate any policy and measure to encourage the recovery of plastic shopping bags; if so, of the details; if not, the reasons for that; and

    (c)whether the Government will implement mandatory producer responsibility schemes for products such as vehicle tyres, glass containers, drink containers, electrical and electronic products, and rechargeable batteries; if so, of the details and the timetable; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

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

Closed circuit television ("CCTV") cameras have been installed by various law enforcement departments such as the Hong Kong Police Force, etc. in many public places, and such camera systems are also installed in certain private properties and public rental housing ("PRH") estates. In this connection, will the Executive Authorities inform this Council:
    (a)whether they know the total number of CCTV cameras installed by government departments and public organizations in various districts throughout Hong Kong, with a breakdown by the name of department and organization, as well as the 18 District Council districts;

    (b)regarding the installation of CCTV cameras in private properties and PRH estates by government departments and public organizations, whether the authorities have formulated policies to specify the criteria for installing these camera systems, time for dismantling and the government department(s) from which approval must be sought prior to installation; if they have, of the details; if not, how they ensure that the number of such cameras will not exceed the minimum number required for security purpose;

    (c)whether at present, there are internal codes of practice for compliance by government departments, which stipulate that upon installation of CCTV cameras, the various responsible departments must notify the nearby residents of the locations of these camera systems, the persons authorized to view the video tapes, the conditions under which the video tapes can be passed to a third party, the storage and destruction of video tapes, and other specific arrangements; if so, of the details; if not, whether it will draw up such codes of practice expeditiously; and

    (d)whether the Office of the Privacy Commissioner for Personal Data will draw up guidelines on the installation of CCTV camera system commonly known as "sky eyes" and similar devices, so as to ensure that privacy of members of the public is also protected while government departments are preventing crimes?
Public Officer to reply : Secretary for Security

* For written reply

III. Bills

First Reading

1.Companies (Amendment) Bill 2010

2.Business Registration (Amendment) Bill 2010

3.Buildings (Amendment) Bill 2010

Second Reading (Debates to be adjourned)

1.Companies (Amendment) Bill 2010:Secretary for Financial Services and the Treasury

2.Business Registration (Amendment) Bill 2010:Secretary for Financial Services and the Treasury

3.Buildings (Amendment) Bill 2010:Secretary for Development

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

(Bill originally scheduled for Second Reading (Debate to resume), Committee Stage and Third Reading at last Council meeting)

1.Inland Revenue (Amendment) (No. 2) Bill 2009:Secretary for Financial Services and the Treasury

Secretary for Financial Services and the Treasury to move a Committee stage amendment

(The amendment was issued on 20 January 2010
under LC Paper No. CB(3) 381/09-10)

(Bills scheduled for Second Reading (Debates to resume), Committee Stage and Third Reading at this Council meeting)

2.Toys and Children's Products Safety (Amendment) Bill 2009:Secretary for Commerce and Economic Development

3.Occupational Deafness (Compensation) (Amendment) Bill 2009:Secretary for Labour and Welfare

Secretary for Labour and Welfare to move Committee stage amendments

(The amendments were issued on 1 February 2010
under LC Paper No. CB(3) 415/09-10)


IV. Members' Motions

(Motion originally scheduled to be moved at last Council meeting)
  1. Select Committee to inquire into the interference with the professionalism of social workers on the part of the Secretary for Home Affairs and District Officer (Islands)

    Hon CHEUNG Kwok-che to move the following motion: (Translation)

    That this Council appoints a select committee to inquire into whether TSANG Tak-shing, Secretary for Home Affairs, and LAM Saint-kit, District Officer (Islands), failed to promote harmony among community organizations during 2008 and 2009, and Secretary TSANG Tak-shing, before understanding the real facts, exerted pressure on the President of the Hong Kong Young Women's Christian Association and interfered with the operation of the profession of social workers, and based on the results of the above inquiry, to make recommendations on preventing government officials from interfering with the professional work of social workers; and that in the performance of its duties the committee be authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of that Ordinance.

    Public Officer to attend : The Chief Secretary for Administration
(Motion scheduled to be moved at this Council meeting)
  1. Motion for the adjournment of the Council

    Hon Starry LEE: (Translation)

    That this Council do now adjourn for the purpose of debating the following issue: the collapse of a building on Ma Tau Wai Road on 29 January 2010, and how to enhance the safety of old buildings immediately to prevent the recurrence of similar tragedies.

    Public Officer to attend : Secretary for Development
(Motion originally scheduled to be moved at last Council meeting)
  1. Promoting the development of fishing activities

    Hon WONG Yung-kan to move the following motion: (Translation)

    That, as fishing is both a sport and a leisure activity, which has the characteristics of having diversified ways of participation and being suitable for people of various age groups, it has attracted many enthusiasts; and the rapid development of fishing-related industries has caused governments worldwide to formulate policies to develop local fishing activities; Hong Kong, being surrounded by the sea and with convenient transport, has the advantages for developing fishing activities, and the number of fishing enthusiasts has also continued to increase in recent years, yet due to the lack of appropriate policies, the development of fishing activities in Hong Kong is subject to many restrictions; as such, this Council urges the Government to formulate effective measures to promote the development of fishing activities in Hong Kong, which include:

    (a)to relax the existing restrictions on angling at fish rafts and fish ponds, so that the operators can provide more diversified services to cater for the needs of the public;

    (b) to relax the existing restrictions on passenger capacity of fishing vessels and, provided that safety standards are met, allow fishermen to operate an additional business of carrying passengers to go angling at sea;

    (c)to organize systematic training courses and set up a knowledge bank, so that fishing enthusiasts have the opportunities to acquire the knowledge of fishing skills, safety management and marine conservation, etc.;

    (d)to step up publicity on reservoir angling and provide more comprehensive facilities to attract more members of the public as well as tourists to engage in such leisure activity;

    (e)to provide additional resources to improve the conservation of marine resources, enhance the environment of the harbourfront, and increase facilities and safety equipment which are conducive to fishing activities, so as to facilitate fishing enthusiasts to enjoy angling on shore;

    (f)to encourage and assist in the organization of local and international fishing competitions to promote fishing activities, and to promote the beautiful coastal environment of Hong Kong to other places;

    (g)to study the establishment of a fishing licensing system with a view to striking a balance between the conservation of marine resources and promotion of the sustainable development of fishing activities; and

    (h)to study co-operating with the Pearl River Delta region to achieve better development and conservation of the entire waters, so as to facilitate the development of fishing activities.

    Public Officer to attend : Secretary for Food and Health
(Motions scheduled to be moved at this Council meeting)
  1. Alleviating poverty and helping the disadvantaged with care and concern

    Hon TAM Yiu-chung to move the following motion: (Translation)

    That, at the Question and Answer Session of the Legislative Council on 14 January this year, the Chief Executive Donald TSANG Yam-kuen said that improving people's livelihood was the Government's priority task, and that alleviating the difficulties of low-income earners and promoting the economic development of Hong Kong to create more employment opportunities was most important in its policy implementation; as such, this Council urges the Government to take measures to alleviate poverty, help the disadvantaged and relieve the burden of the people, so as to build a more harmonious society, including:

    (a)to offer subsidies to needy school children for their participation in extra-curricular activities, and introduce an 'extra-curricular activities grant for needy school children';

    (b)to provide subsidies on Internet access charges for poor school children to relieve the burden of academic expenses;

    (c)for the purposes of encouraging more schools to participate in the voluntary school drug testing scheme in the future and equipping the schools early with the necessary manpower, to allocate additional resources to facilitate the provision of 'two school social workers for each school' and employment of more teaching assistants in all secondary schools in Hong Kong;

    (d)to provide more career counselling and support for young people, enhance training and attract them to join those industries with competitive edge, including creative, information technology and environmental protection industries, so as to improve their employment situation;

    (e)to introduce a long-term territory-wide transport subsidy scheme and simplify the application procedure concerned, so as to reduce the transport costs for low-income earners working across districts;

    (f)to abolish the absence limit in respect of application for Old Age Allowance, and allow the elderly to receive Disability Allowance and Old Age Allowance concurrently;

    (g)to continue to increase the number of subsidized residential care homes for the elderly, provide more residential and care home support for them, and enhance community care services at the same time;

    (h)to improve medical services for the elderly by increasing the value of elderly healthcare vouchers to $1,000 per elderly person per year and lowering the eligible age to 65;

    (i)to introduce 'recreation and sports vouchers for the elderly', and provide them with free access to facilities under the Leisure and Cultural Services Department such as exhibition halls and public swimming pools, so as to enrich their cultural life;

    (j)to set up a 'subsidy system for carers of persons with disabilities', and provide a monthly allowance of $1,000 to the family of each person with disabilities;

    (k)to introduce additional 'chronically ill dependant allowance' and 'allowance for private medical insurance contributions', and to raise the ceiling of tax deduction in respect of elderly residential care expenses and various types of salary tax allowances in respect of dependent family members;

    (l)to introduce a 'training scheme for fishermen during the fish moratorium' to provide training courses for the affected fishermen, and to grant them an appropriate amount of subsidy to cover part of their living expenses during the moratorium period;

    (m)to relieve the burden of post-secondary students to repay loans by improving the financial assistance scheme for post-secondary students, replacing the means-tested loans with interest-free loans and lowering the annual interest rate for non-means-tested loans to 2.5%;

    (n)to enhance the land supply policy to stabilize property prices, resume the construction of HOS flats on an appropriate scale and extend the home loan interest deduction period, so as to relieve the pressure of housing expenses on the people;

    (o)to introduce rates relief measures to reduce the levying rates or to waive the payment;

    (p)to freeze various government fees and charges affecting people's livelihood for a year; and

    (q)to strictly control increase in charges by public utilities.

    Amendments to the motion
    (i)Hon Frederick FUNG to move the following amendment: (Translation)

    To add "as the problem of disparity between the rich and the poor is aggravating in Hong Kong, the grassroots people lack room for development and their opportunities for upward mobility are impeded; furthermore," after "That,"; to delete "and" after "a year;"; and to add "; (r) to increase the construction of public housing flats, so as to improve the living conditions of the grassroots people and increase the relevant employment opportunities; (s) to pay one month's rent for public housing tenants to relieve their financial burden; (t) to strengthen support for social enterprises, so as to create more employment opportunities for the disadvantaged; and (u) for the purpose of solving the problem of disparity between the rich and the poor in the long run, the Government to set up a high-level committee to comprehensively review the existing mode of economic and social developments, and formulate omni-directional strategy and measures to help the grassroots" immediately before the full stop.

    (ii)Hon WONG Kwok-hing to move the following amendment: (Translation)

    To add "given that" after "That,"; to add ", such as setting a reasonable carer-to-resident manpower ratio for residential care homes" after "care home support for them"; to delete "and" after "a year;"; and to add "; (r) to allocate a funding of $3.3 million to maintain the operation of the small library in Yat Tung Estate, with a view to providing support for some 40 000 residents in this exceptionally remote and impoverished public housing estate, in particular support to children and young people in their learning and studies, so as to solve the problem of inter-generational poverty; (s) government departments to step up efforts to employ more permanent staff, make every effort to minimize the provision of manpower through employment agencies, and enhance the monitoring of employment terms and remuneration packages offered by the employment agencies, so as to reduce in their best endeavours any exploitation by the intermediaries; and (t) to re-launch the Home Starter Loan Scheme and increase the amount for home loan interest deduction, so as to help sandwich class people who are 'snails without a shell' (in particular working young couples) to acquire their homes" immediately before the full stop.

    Amendment to Hon WONG Kwok-hing's amendment
    Hon LEE Wing-tat to move the following amendment:     (Translation)

    To add "on condition that there is a sufficient supply of private residential housing," after "(t)".

    (iii)Hon WONG Sing-chi to move the following amendment: (Translation)

    To add "at present, the disparity between the rich and the poor is serious in the society, and" after "That,"; to add "various trades as well as" after "to join"; to add "and benefit more unemployed people" after "districts"; to add "increase the number of subsidized places for the elderly, extend the opening hours of day care centres for the elderly," after "care homes for the elderly,"; to delete "and" after " 'chronically ill dependant allowance' " and substitute with ", consider introducing"; to add "and in considering the provision of such allowances, the Government should concurrently study the impact of developing a private medical insurance system on the overall healthcare system, the regulation of private medical insurance systems in overseas countries, as well as the feasibility of implementing a central medical insurance system in Hong Kong in the long run;" after " 'allowance for private medical insurance contributions',"; to delete "and" after "for a year;"; and to add "; (r) to expeditiously implement a 'universal retirement protection scheme' whereby all citizens aged 60 or above are eligible for receiving an 'old age pension', so as to ensure that the elderly will be able to maintain a reasonable standard of living; and (s) targeting at the existing bus services, to implement sectional fares and interchange concessions" immediately before the full stop.

    (iv)Hon Paul CHAN to move the following amendment: (Translation)

    To add "(o) to allow owner-occupiers to claim full deduction of the home loan interest paid for their properties, and to re-launch the Home Starter Loan Scheme;" after "expenses on the people;"; to delete the original "(o)" and substitute with "(p)"; to delete the original "(p)" and substitute with "(q)"; and to delete the original "(q)" and substitute with "(r)".

    Amendment to Hon Paul CHAN's amendment
    Hon Miriam LAU to move the following amendment:     (Translation)

    To add "of non-luxury residential properties" after "to allow owner-occupiers"; and to add ", so as to help people with genuine needs to acquire their homes" before "; (p) to introduce rates relief measures to reduce the levying rates or to waive the payment;".

    Public Officer to attend : Secretary for Labour and Welfare
  1. Formulating a comprehensive youth policy

    Hon CHEUNG Kwok-che to move the following motion: (Translation)

    That, in the face of persistently high unemployment rate among the youth, shrinking opportunities for social mobility and the increasingly serious inter-generational poverty problem, coupled with the unclear objectives of the youth services provided by various government bureaux, in particular the lack of opportunity for the youth to participate in social development, this Council urges the Government to immediately consult the youth through various channels to formulate a comprehensive and forward-looking youth policy, and coordinate the work of the relevant bureaux and executive departments, so as to consolidate the existing youth services to meet their needs; in addition, the Government should provide a platform for the youth to participate in social affairs, respect and listen to the views and needs of the youth, so as to enable them to actively participate in social development and establish their goals in life.

    Amendments to the motion
    (i)Dr Hon Joseph LEE to move the following amendment: (Translation)

    To add "as the recent spate of social incidents have aroused public concern about the 'post-eighties' generation, and" after "That,"; and to add ", and promote youth empowerment so that their aspirations and dynamics can be transformed positively and properly into a driving force for social development" immediately before the full stop.

    (ii)Hon IP Wai-ming to move the following amendment: (Translation)

    To delete "in the face of" after "That," and substitute with "as Hong Kong is facing"; and to delete "and" after "youth policy," and substitute with "in particular, to formulate integrated policies on vocational training and employment, so as to consolidate various existing measures which assist the youth in seeking jobs, and update the apprenticeship system to tie in with the transformation of economic structure, so as to provide the youth with another avenue to vocational training apart from mainstream education, and at the same time".

    (iii)Hon KAM Nai-wai to move the following amendment: (Translation)

    To add "the youth are the future of our community, yet" after "That"; to add "the development potential of the youth is subject to many constraints;" after "to participate in social development,"; to delete "and" after "youth policy," and substitute with "which encompasses different areas such as subsidizing university education, providing assistance in employment and training, and enhancing social services and leisure and cultural measures, so as to enable the youth to utilize their creativity and vitality, develop an international outlook, establish proper values, strive for social justice and equality, stay away from gambling, drugs and compensated dating, etc., as well as"; and to add "which includes providing for a self-nominating process to enable youth representatives to recommend themselves for joining advisory committees and statutory bodies, and" after "social affairs,".

    (iv)Hon Ronny TONG to move the following amendment: (Translation)

    To delete "in the face of" after "That," and substitute with "as 'post-eighties' youngsters have actively participated in a number of major social campaigns recently to fight for justice and express views, coupled with the"; to delete "coupled with" after "poverty problem," and substitute with "and"; and to delete "and coordinate the work of the relevant bureaux and executive departments, so as to consolidate the existing youth services to meet their needs; in addition, the Government should provide a platform for the youth to participate in social affairs, respect and listen" after "youth policy," and substitute with "face up to the political and social aspirations of the youth, abandon the patriarchal governance philosophy, abandon nepotism in administration, commence a dialogue with the youth in various policy areas, including constitutional reform, infrastructural planning, conservation, poverty alleviation, economic development, educational reform, etc., actively review the deficiencies in the existing governance system and administration, stop keeping under surveillance and suppressing the activities of youth dissidents, and at the same time provide a platform to respect and listen carefully".

    (v)Hon CHAN Hak-kan to move the following amendment: (Translation)

    To delete "in the face of" after "That," and substitute with "in view of the"; and to add "; and in response to the above aspirations, this Council urges the Government to consider implementing concrete measures, including: (a) various principal government officials and bureaux to take the initiative to collect views on the Internet and maintain regular exchanges with the youth on the Internet, so as to understand their views on the Government's administration; (b) to designate a Youth Participation Week each year to organize youth activities or forums etc., so as to increase their opportunities to participate in social affairs; (c) government advisory bodies should include more youth representatives; (d) to strengthen moral education and education on national identity, and assist the youth in achieving comprehensive development in various aspects such as values, attitudes towards life, psychological qualities, leadership and cultural skills, etc.; (e) to alleviate post-secondary students' loan repayment burden by lowering the annual interest rate for student loans, and to make changes to the effect that the interest under the loan schemes will be calculated after a student has secured employment; (f) to strengthen training, various types of employment counselling and support for the youth, so as to enhance the competitiveness of the youth and alleviate their unemployment problem; (g) to make good use of the Hong Kong offices on the Mainland to actively collect information of the Mainland on employment situation and legislation and regulations, etc., and to launch a Mainland internship programme for the youth, so as to assist young people who intend to work on the Mainland in seeking jobs or setting up businesses there; and (h) to alleviate the difficulties encountered by the youth in buying their own homes through re-launching the Home Starter Loan Scheme and resuming the provision of a suitable quantity of Home Ownership Scheme flats " immediately before the full stop.

    (vi)Hon Paul TSE to move the following amendment: (Translation)

    To add ", and actively consider creating in the Legislative Council a 'youth seat' with sufficient representativeness" after "the existing youth services".

    Public Officer to attend : Secretary for Home Affairs
Clerk to the Legislative Council