A 09/10-29

Legislative Council

Agenda

Wednesday 26 May 2010 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Inland Revenue (Double Taxation Relief on Income from Aircraft Operations) (The Republic of the Fiji Islands) Order55/2010
2.Securities and Futures (Levy) (Amendment) Order 201056/2010
3.Food Business (Amendment) Regulation 201057/2010
4.Frozen Confections (Amendment) Regulation 201058/2010
5.Milk (Amendment) Regulation 201059/2010
6.Public Health and Municipal Services (Fees) (Amendment) Regulation 201060/2010
7.Sweeteners in Food (Amendment) Regulation 201061/2010
8.Telecommunications (Determining Spectrum Utilization Fees by Auction) (Amendment) Regulation 201062/2010
9.Telecommunications (Designation of Frequency Bands subject to Payment of Spectrum Utilization Fee) (Amendment) Order 201063/2010
10.Dangerous Drugs Ordinance (Amendment of Second Schedule) Order 201064/2010
11.Solicitors (Professional Indemnity) (Amendment) Rules 201065/2010
12.Merchant Shipping (Local Vessels) (Typhoon Shelters) Regulation (Amendment of Schedule) Notice 201066/2010
13.Tate's Cairn Tunnel Ordinance (Amendment of Schedule) Notice 201067/2010
14.Copyright (Amendment) Ordinance 2007 (Commencement) Notice 201068/2010

Other Paper

1.No. 96-Report of the Committee on Members' Interests on a complaint against Mr LEUNG Kwok-hung in relation to his conduct in claims for reimbursement of operating expenses
(to be presented by Hon Mrs Sophie LEUNG, Chairman of the Committee on Members' Interests, who will address the Council)

2.Report No. 11/09-10 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Miriam LAU, Chairman of the House Committee)

II. Questions

1. Prof Hon Patrick LAU to ask: (Translation)

Some members of the public have complained to me that several trees located at the junction of Conduit Road and Kotewall Road have been felled for no reason, leaving behind only the base part of the tree trunks which look like "graves", with the soil around the roots of the trees covered by cement. According to the staff of the Leisure and Cultural Services Department, the trees were felled to safeguard public safety, as their health conditions were unsatisfactory. Yet, the staff did not undertake to replant trees at the original location. In this connection, will the Government inform this Council:
    (a)whether it is required under the existing policy that to preserve the original green landscaping, the government departments concerned are required to replant trees of similar quantities and sizes within a specified period of time at the original locations where trees were felled, and whether the authorities have formulated guidelines focusing on handling trees of unsatisfactory health conditions, with a view to monitoring the process of tree assessment and removal, and ensuring the complete removal of sick trees, thereby preventing the remaining tree trunks or roots as well as problematic soil from affecting the health conditions of the trees nearby, and preventing the remains of tree trunks from hindering the planting of new trees and affecting green landscaping; if such guidelines have been formulated, of the details; if not, the reasons for that;

    (b)whether the government personnel responsible for assessing the health conditions of trees must possess specified professional qualifications or have received training in specific skills, so as to prevent healthy trees from being felled by mistake; and

    (c)given that some members of the public have pointed out that at present, quite a number of trees along the roads have been trimmed down to their main trunks, and yet double deck buses generally do not run on those roads, of the reasons for the authorities to trim such trees?
Public Officer to reply : Secretary for Development

2. Hon Tommy CHEUNG to ask: (Translation)

Automatic teller machines ("ATMs") fraud cases which had quietened down for several years occurred again at the end of April this year, affecting around 100 customers of two banks and causing a total loss of some $300,000 to at least 12 customers. The Hong Kong Monetary Authority ("HKMA") issued a circular to all authorized institutions as early as October 2003 to advise them to take precautionary measures such as installing closed-circuit televisions and keypad covers, so as to enhance the security of ATMs. Yet, it has been reported that some of the banks have not even installed keypad covers after the lapse of seven years and have only recently indicated that they would complete the installation work as soon as possible. This incident has aroused concern about the security of ATMs. In this connection, will the Government inform this Council:
    (a)of the banks' implementation of the various measures recommended by HKMA in 2003 to enhance the security of ATMs, as well as the progress;

    (b)whether HKMA will impose any sanction on those banks which have not yet installed keypad covers in accordance with its recommendation after the lapse of seven years; if so, of the details; if not, the reasons for that; and

    (c)given that it has been reported that HKMA received reports on the aforesaid incident from the bank concerned on 23 April (Friday), and yet it did not contact the bank concerned to obtain further information until 26 April (Monday), whether such situation was attributed to the implementation of the five-day week initiative by government departments; if so, whether it will review the handling of the matter; if not, why HKMA did not contact the banks concerned as early as possible?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

Regarding the implementation of the Mandatory Provident Fund ("MPF") system, will the Government inform this Council:
    (a)whether it knows the number of complaints received by the Mandatory Provident Fund Schemes Authority in the past three years about employers defaulting on MPF contributions and the total amount involved, as well as the number of cases filed to the court last year for recovering from employers contributions in arrears which were allowed and the total amount recovered;

    (b)whether it knows the current charging rates of various registered MPF schemes, broken down by type of fund, i.e. aggressive funds, mixed assets funds and capital preservation funds, etc.; and

    (c)given that the MPF system has been implemented for more than nine years, whether the authorities will conduct a comprehensive review of the MPF system?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

The MTR Corporation Limited ("MTRCL") will close down its rail freight business on 16 June this year mainly because the demand for cross-boundary rail freight service between Hong Kong and the Mainland has been dropping persistently. In this connection, will the Government inform this Council whether:
    (a)it knows the cross-boundary rail freight throughput in the past three years and its percentage share in the market of cross-boundary freight business;

    (b)it has assessed the impact of the closure of MTRCL's rail freight business on the operation of the trading and freight transport sectors, in particular those trading companies which have been using cross-boundary rail freight service for a long time; and

    (c)it knows if MTRCL has consulted the trading and freight transport sectors before making the aforesaid decision of closing down the business concerned; if such consultation has been conducted, of the details; if not, the reasons for that; given that some members of the trading sector have relayed to me their hope that MTRCL will continue to operate cross-boundary rail freight business, whether the authorities will urge MTRCL to reconsider acceding to the views of the sector?
Public Officer to reply : Secretary for Transport and Housing

5. Hon Audrey EU to ask:

On 7 May 2010, the Secretary for Justice said that universal suffrage had to comply with the principles of "universality" and "equality". The Hong Kong Bar Association stated on 18 November 2009 that the existing functional constituency ("FC") elections fail to comply with the legal principles of universality and equality. On the same day, the Law Society of Hong Kong stated that retention of functional constituencies is inconsistent with the ultimate goal of universal and equal suffrage. In this connection, will the Government inform this Council whether it has assessed:
    (a)how FC elections can comply with the criterion of being equal in terms of voting right, the right to stand for election and the weighting for the vote;

    (b)how FC elections can comply with the criterion of being universal and equal in terms of the right to stand for election even if all voters may vote in FC elections; and

    (c)how FC elections can comply with the criterion of being equal in terms of the weighting for each vote even if all voters may vote in FC and geographical constituency elections?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

6. Hon Paul TSE to ask: (Translation)

In recent years, whenever incidents which affected personal safety, such as natural disasters or political coups, etc., happened in popular tourist destinations for Hong Kong people, quite a number of travellers called the Travel Industry Council of Hong Kong ("TIC"), Security Bureau ("SB") and me in a panic enquiring matters relating to withdrawal from package tours or postponing the departure of package tours. Members of the public often mistakenly regarded TIC as a government organization, but after they had learnt that TIC was only a trade association of travel agencies not subject to any regulation, they all expressed frustration and queried why there is no regulation by the Government. Moreover, travellers often complain that TIC is controlled by large travel agencies and only looks after the interests of large travel agencies, often acting contrary to SB's decisions which are made in the interests of the public. TIC also neglects the Outbound Travel Alerts ("OTAs") of SB, and even though accidents caused by natural disasters, etc. are not covered by travel insurance, TIC still insists the departure of package tours, ignoring the personal safety of members of the public travelling outside Hong Kong. In this connection, will the Government inform this Council:
    (a)whether it had, in the past three years, explained to the public that TIC was only a trade association in nature, and that its decision on the departure of package tours was not the Government's decision and position;

    (b)when TIC's decision on departure of package tours is not in line with the OTAs issued by SB, and travel insurance may not provide the relevant coverage, how the travellers should act; in case the travellers have departed under such circumstances and encounter accidents, whether the travel agency concerned, TIC and SB are liable to compensation; and

    (c)whether it has assessed if the aforesaid situation of causing confusion and uncertainties to the public is directly related to TIC's management being controlled and monopolized by large travel agencies, as well as TIC's neglect of or lack of Government regulation; of the Government's policies and measures to ensure that when TIC makes its decision in relation to departure of package tours, it is required to take into account the interest of the public and take the OTAs issued by SB seriously?
Public Officer to reply : Secretary for Commerce and Economic Development

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

I have received a case of request for assistance. The person involved in the case was born outside Hong Kong, entered Hong Kong illegally and has since resided here for over 20 years. During this period, he never left Hong Kong and was issued a Hong Kong Permanent Identity Card. Besides, all his younger siblings are Hong Kong permanent residents who were born in Hong Kong. Last year, he applied to the Immigration Department ("ImmD") for naturalization as a Chinese national, but his application was rejected by ImmD. In accordance with Article 7 of the Nationality Law of the People's Republic of China, foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who are near relatives of Chinese nationals, have settled in China or have other legitimate reasons may be naturalized upon approval of their applications. In this connection, will the Government inform this Council:
    (a)of the respective number of applications for naturalization as a Chinese national received by ImmD in each of the past five years and, among them, the respective numbers of those which were approved and rejected;

    (b)of the reasons based on which ImmD may reject naturalization applications; and

    (c)whether ImmD knows the respective number of stateless persons in Hong Kong in each of the past five years?
Public Officer to reply : Secretary for Security

*8. Dr Hon Samson TAM to ask: (Translation)

Regarding information security when using Wi-Fi facilities at government premises in Hong Kong, will the Government inform this Council:
    (a)whether the Government has examined the encryption security of the wireless network access points at all government premises in Hong Kong each year since 2008; if it has, of the details; if not, the reasons for that;

    (b)whether it had received in the past three years complaints from members of public who used Wi-Fi facilities at the aforesaid premises that their data were stolen for the purposes of conducting illegal activities; if it had, of the number of complaints and follow-up actions; and

    (c)what new publicity and educational activities the authorities have organized to further enhance public awareness of the security when using Wi-Fi facilities at the aforesaid premises?
Public Officer to reply : Secretary for Commerce and Economic Development

*9. Hon Jeffrey LAM to ask: (Translation)

The Census and Statistics Department conducted a small-scale test survey from 21 December last year to 14 January this year to test the questionnaire design and operational arrangements for the 2011 Population Census ("11C") and consult households' views on related arrangements. In this connection, will the Government inform this Council:
    (a)of the outcome of the aforesaid test survey and the modifications to be made to the questionnaire design and operational arrangements of 11C;

    (b)how the current questionnaire design and statistical content of 11C differ from those of the last Population Census, and whether it will further add new statistical items;

    (c)how it will protect the privacy of the data collected from the households by self-enumeration via the Internet and ensure the accuracy of the data they enumerate; and

    (d)how it will publicize 11C to remind the households to check carefully the identity of enumerators and protect the personal safety of enumerators when conducting face-to-face interviews?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

Recently, some members of the public have relayed to me that quite a number of East Rail Line ("ERL") passengers, in particular mainland tourists, were required to pay a surcharge of $500 when they travelled First Class because they had not paid a premium in advance as they were not aware of the stipulation. Those passengers who refused to pay the surcharge would be led out of the compartment immediately. As such, these members of the public worry that such a system may arouse suspicion of reaping money, thus affecting the reputation of Hong Kong. In this connection, will the Government inform this Council whether it knows:
    (a)the total amount of surcharge which passengers travelling First Class on ERL were required to pay in the past three years because they had not paid the premium and the information on those passengers, including their age distribution as well as the ratio of tourists to local residents among them, etc.;

    (b)apart from the notices on the platforms and in the compartments, whether the MTR Corporation Limited ("MTRCL") has other ways at present to inform passengers that a premium has to be paid in advance for travelling First Class on ERL; whether it has assessed if the relevant publicity is adequate, and whether it will step up publicity in this regard;

    (c)the existing procedures for requiring the aforesaid passengers to pay the surcharge; whether ticket inspectors will give a warning or reminder beforehand; whether there is any discretionary mechanism in place for handling cases involving offenders who are elderly passengers or tourists;

    (d)the average number of staff members deployed by MTRCL daily to perform ticket inspection duties and the percentage of such number in the average daily manpower for maintaining services on the platforms and in the compartments; as well as the frequency of ticket inspections conducted;

    (e)the criteria based on which MTRCL determined the surcharge level of $500 initially; for how long such an amount has been in force; why MTRCL does not follow the practice of certain overseas railway corporations and allow passengers who have forgotten to buy tickets or pay the premium to pay the fare difference on the spot; and

    (f)given that some members of the public worry that the aforesaid surcharge system may affect the reputation of Hong Kong, whether MTRCL will assess and review the system?
Public Officer to reply : Secretary for Transport and Housing

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

Under the Sex Discrimination Ordinance (Cap. 480), educational institutions have the responsibility to prevent sexual harassment and to avoid creating a sexually hostile environment in schools. Some members of the education sector have pointed out that the implementation of gender mainstreaming in education policies directly affects the promotion of gender equality and combat of sexual harassment in schools. In this connection, will the Government inform this Council:
    (a)whether the authorities have put in place any measure to monitor the elimination of sex discrimination (including sexual harassment) by educational institutions; if they have, of the contents of the measures; if not, the reasons for that;

    (b)of the latest situation regarding the usage of the Brief Outline on the Policy on Preventing Sexual Harassment provided by the Education Bureau ("EDB") for reference by schools; whether EDB has monitored its utilization rate; how EDB promotes the understanding of sexual harassment and the related policies among teachers and students in schools;

    (c)of the respective numbers of universities, secondary schools, primary schools, kindergartens and special schools which have formulated policies on preventing sexual harassment at present; whether EDB will provide assistance to educational institutions which have not formulated policy on preventing sexual harassment; if it will, of the ways to provide assistance;

    (d)whether schools have relayed to EDB the complaints received on sex discrimination and sexual harassment; if they have, of the number of complaints received in each of the past five years; whether the authorities had followed up such complaints; if they had, of the number and the contents of substantiated complaints, and among them, the number of persons who had been punished and the forms of punishment; if follow-up actions had not been taken, the reasons for that; and

    (e)whether the authorities have applied the Gender Mainstreaming Checklist to education policies; if they have, of the names and contents of areas of concern of such policies; if they have not, the reasons for that and whether they have assessed if the non-application of the checklist violates the policy on gender equality; if such policy has been violated, how EDB handles the matter?
Public Officer to reply : Secretary for Education

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

Some villagers of Choi Yuen Tsuen ("CYT") in Shek Kong have relayed to me that because of the works of the Hong Kong Section of Guangzhou-Shenzhen-Hong Kong Express Rail Link, they have to move out of the village but they hope to resite the whole village. They have pointed out that apart from identifying sites for resiting, another major problem connected with the resiting of CYT is the huge expenses involved, such as the expenses on construction materials, engineering, surveying and construction, etc., as well as professional technical support. In this connection, will the Government inform this Council:
    (a)apart from the special ex-gratia rehousing package approved by the Finance Committee of this Council and the allowance granted by the Agriculture, Fisheries and Conservation Department under the agricultural resite policy, whether other resources are available to assist CYT villagers in resiting the village; if so, of the details; if not, the reasons for that;

    (b)regarding the support offered to CYT villagers for resiting the whole village, whether the authorities will provide them with professional technical support, including support in such areas such as engineering, surveying and construction, etc.; if so, of the details; if not, the reasons for that; and

    (c)of the commitments of the authorities in providing the infrastructural facilities involved in resiting CYT, such as water and electricity supply, public lighting systems, public roads and other public facilities?
Public Officer to reply : Secretary for Transport and Housing

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

Regarding the driving offences of drink driving, drug driving, dangerous driving and dangerous driving causing death, will the Government inform this Council of the following since 2007:
    (a)the respective numbers of traffic accidents involving the aforesaid offences each year and, among such accidents, the respective numbers of cases in which the drivers involved were convicted (set out in the table below); and

    Year Number of traffic accidents
    Drink driving Drug driving Dangerous driving Dangerous driving causing death
    2007



    2008



    2009



    2010
    (January to present)



    Total




    Year Number of cases in which the drivers involved were convicted
    Drink driving Drug driving Dangerous driving Dangerous driving causing death
    2007



    2008



    2009



    2010
    (January to present)



    Total




    (b)among the cases in (a) in which the drivers involved were convicted, broken down by year and offence, of:

    (i)the highest and lowest penalties imposed;

    (ii)the number of drivers who attended and completed the driving improvement course after being convicted; and

    (iii)the number of drivers who, after being convicted, were involved again in traffic accidents related to any of the aforesaid driving offences, and the number of such accidents; among such accidents, the number of cases in which the drivers were convicted again and the highest and lowest penalties imposed on them?
Public Officer to reply : Secretary for Transport and Housing

*14. Hon CHAN Hak-kan to ask: (Translation)

A member of the trade has criticized that although the healthcare system in Hong Kong comprises both Chinese and Western medicines, the Government has not attached importance to the development of Chinese medicine and does not have holistic planning and comprehensive policies on promoting its development. As a result, it was not able to raise the general level of Chinese medicine, and it is difficult to attract new blood. In this connection, will the Government inform this Council:
    (a)whether, after establishing public Chinese medicine clinics ("CMCs") in each of the 18 districts in Hong Kong, the authorities will further increase the number of CMCs, so as to meet public demand and provide Chinese medicine practitioners ("CMPs") with more job and training opportunities;

    (b)given that public CMCs mainly provide outpatient service at present, whether the authorities will consider setting up public specialist CMCs; if they will, of the details, including the number of clinics, their locations and the specialist services to be provided, etc.; if not, the reasons for that;

    (c)when it will conduct a new round of assessment of the future demand on the manpower of CMPs;

    (d)given that the salaries of those CMPs working in public CMCs are currently determined by the non-governmental organizations ("NGOs") which operate the CMCs concerned, whether the authorities will follow the system for determining the salaries of other healthcare personnel and set a pay scale for CMPs for reference of or to be followed by the NGO operators concerned;

    (e)apart from practising in local public CMCs, of the measures in place to assist local university graduates in attaching to the Chinese medicine hospitals or CMCs on the Mainland; and

    (f)whether it will reconsider setting up a Chinese medicine hospital as a base for training talents in Chinese medicine and research and development of Chinese medicine; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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

Regarding the nine new proposals to regulate the sales of first-hand private residential properties announced by the Financial Secretary earlier, will the Government inform this Council:
    (a)given that the new proposals include requiring developers to comply with the guidelines of the Real Estate Developers Association of Hong Kong ("REDA") in selling uncompleted and completed first-hand private residential properties, yet among the 13 sets of published sales guidelines, only two sets have Chinese versions while the remaining ones are in English only, whether it knows the reasons for that, and whether the authorities will require all sales guidelines issued by REDA to have Chinese versions;

    (b)whether it knows if all developers (including non-REDA members) are required to comply with REDA's sales guidelines; if not, the respective developers who are required and not required to comply, and what penalties REDA will impose on those developers who are required to comply with the sales guidelines but are found to have violated the guidelines; whether the Compliance Committee under REDA is responsible for monitoring the sales of completed first-hand private residential properties; the number of complaints received by the Committee in the past three years, the contents and results of such complaints as well as the penalties imposed;

    (c)given that the new proposals include requiring that more units should be included in the first price list, and for small-scale development, the minimum number of units to be included is 30 units or 30% of the total number of units available for sale, whichever is the higher, whereas for large-scale development, the minimum number of units to be included is 50 units or 50% of the total number of units available for sale, whichever is the higher, of the respective definitions of small-scale development, large-scale development and units available for sale; whether the authorities will consider adopting the number of units available for pre-sale set down in the approved Consent Scheme on the pre-sale of uncompleted first-hand residential properties ("the Consent Scheme") as the definition of units available for sale; if they will not, of the reasons for that; whether they will consider requiring that the small-scale development cannot be sold in batches and, if the large-scale development is sold in batches, a third requirement is to be added on the number of units to be included in the first price list, apart from the aforesaid two requirements concerning the first price list, i.e. the provision of a price list of at least a certain percentage (for example 30%) of the units of the entire development, whichever of the three is the higher, so as to prevent the situation of, for example, if only 100 units of a large-scale development with 2 000 units in total are to be sold in the first batch, the first price list is required to include 50 units only;

    (d)given that the new proposals require that developers should concurrently upload the sales brochures onto their web sites, yet it has been learnt that important terms in land leases and deeds of mutual convenant contained in most of the existing sales brochures do not have Chinese versions, whether the authorities will consider requiring that important terms in the land leases and deeds of mutual convenant contained in all sales brochures should have Chinese versions;

    (e)given that saleable areas of units sold are not specified in existing Preliminary Agreements for Sale and Purchase ("ASPs"), whether the authorities will consider exercising regulation by requiring the specification of saleable areas and other areas of units sold in Preliminary ASPs;

    (f)whether the authorities will consider adding the requirement that developers are to make public, within 24 hours after the signing of Preliminary ASPs, records of ASPs, including regular updates of transaction information such as the ASPs signed, transactions completed or cancelled, as well as the areas and prices of the units concerned, etc.;

    (g)whether the authorities will consider including in the requirements under the Consent Scheme the eight enhanced measures launched by the Urban Renewal Authority recently to increase the transparency of the sales procedures of redeveloped buildings, or requesting REDA to include such measures into their sales guidelines; and

    (h)given that the newly revised proposals allow developers not to make public the price list at least three days in advance of the commencement of sale when selling a whole block of building or a whole phase of several buildings, how the authorities ensure that after the developer has resold a whole block of building or a whole phase of several buildings, the new buyer will, when selling individual units to any persons, comply with the newly proposed requirement of making public the price list at least three days in advance of the commencement of sale, the requirements under the Consent Scheme or REDA's sales guidelines?
Public Officer to reply : Secretary for Transport and Housing

*16. Dr Hon David LI to ask:

Will the Government inform this Council of the number of serving civil servants by salary group in each of the past five years, and the respective numbers of those who had resigned and retired in that year (set out in the table below)?

Number of civil servants
by salary group		 (year)
Serving Retired Resigned
Officers at Directorate Pay Scale


Officers at Master Pay Scale (Points 45-49)


Officers at Master Pay Scale (Points 34-44)


Officers at Master Pay Scale (Points 26-33)


Officers at Master Pay Scale (Points 10-25)


Officers at Master Pay Scale (Points 0-9)


Total


    Public Officer to reply : Secretary for the Civil Service

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

    The Employees Retraining Board ("ERB") has relaxed the eligibility criteria of employees retraining courses to cover persons aged 15 or above since 2007, and has planned to gradually increase the number of training places to 200 000. Yet, I have recently received complaints from some organizations that although the number of training places has been increased, ERB, when vetting and approving applications for becoming training bodies, favours one more than another and often rejects the applications submitted by some small-scale organizations. In this connection, will the Government inform this Council if it knows:
      (a)whether the qualifications for becoming a training body include the scale of the applicant organization; and

      (b)the number of organizations which applied for becoming training bodies in each of the past three years and, among them, the number of those whose applications were rejected, the reasons for rejection, and the list of the rejected organizations?
    Public Officer to reply : Secretary for Labour and Welfare

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

    Regarding the number and locations of 3-coloured waste separation bins, will the Government inform this Council:
      (a)of the respective current total numbers of 3-coloured waste separation bins (and other waste separation bins) placed in various places throughout Hong Kong and dustbins placed on streets by the Government and their respective ratios, broken down by 18 District Council districts;

      (b)of the respective current total numbers of 3-coloured waste separation bins (or other waste separation bins) currently placed in shopping centres, housing estates, commercial buildings and government buildings throughout Hong Kong, broken down by 18 District Council districts;

      (c)of the respective quantities of wastes collected from those waste separation bins and dustbins in (a) in each of the past three years;

      (d)whether it will encourage the placing of more 3-coloured waste separation bins (and other waste separation bins) in shopping centres, railway stations and commercial buildings; if so, of the details; if not, the reasons for that; and

      (e)given that dustbins and waste separation bins are placed together in many places around the world (including Taiwan and Europe) to tie in with the waste disposal behaviour and habit of their citizens, whether the authorities will consider following such a practice when reforming the design of waste separation bins?
    Public Officer to reply : Secretary for the Environment

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

    The Chief Executive announced earlier at the Question and Answer Session of this Council that a five-month consultation would be conducted on subsidizing home ownership and an account would be given in the Policy Address to be delivered in October this year. In its press release issued subsequently, the Government further indicated that extensive consultation on a series of important subjects (including the target for assistance and the fairness of providing publicly-funded subsidies, etc.) would be conducted through various channels in the coming months. In this connection, will the Government inform this Council:
      (a)of the detailed and specific format and channels for conducting the aforesaid consultation; whether they are different from the modes of consultation on other various issues conducted previously by the Government; if so, of the reasons for that;

      (b)of the criteria based on which the authorities determined the consultation topics; how they ensure the consultation's objectivity and independence, as well as maintaining comprehensiveness and objectivity when analyzing the pros and cons of the issues to avoid drawing up leading questions and analyses of the consultation becoming biased; whether they will consider inviting independent academic institutions to undertake the consultation work; if not, of the reasons for that; and

      (c)whether the authorities will, at the same time, consider conducting an in-depth and extensive consultation on the established land and housing policies comprehensively, focusing on the deficiencies and inadequacies of the existing policies and formulating stable, fair and sustainable long-term plans for the related social policies; if they will, of the details; if not, the reasons for that?
    Public Officer to reply : Secretary for Transport and Housing

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

    Article 9 of the Convention on the Rights of Persons with Disabilities ("the Convention") stipulates that "States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas". The authorities have installed barrier-free facilities throughout Hong Kong, yet some organizations have pointed out that certain facilities are not user-friendly to persons with disabilities ("PWDs"). For example, wheelchair-bound people have to get pass stairs of a dozen or so steps before reaching public toilets for PWDs, and tactile guide paths at a bus station lead blind people to bump into railings. In this connection, will the Executive Authorities inform this Council:
      (a)which government departments are responsible for providing public toilets for PWDs, tactile guide paths for the visually impaired as well as other barrier-free facilities, and what procedures have to be gone through; whether they have assessed the reasons behind the aforesaid mistakes; if they have, of the outcome; whether they will review the relevant procedures and avoid inconvenience being caused to PWDs due to incompatibility between the work of different government departments; and

      (b)given that the Rehabilitation Advisory Committee and the Commissioner for Rehabilitation ("C for R") are responsible for promoting the Convention and monitoring its implementation, whether there is any mechanism at present to enable C for R to effectively monitor if various government departments have complied with the provisions of the Convention; of the powers and duties of C for R in respect of the installation of barrier-free facilities to ensure that the installation of such facilities is appropriate and meets the needs of PWDs?
    Public Officer to reply : Secretary for Labour and Welfare

    * For written reply

    III. Members' Motions

    1. Proposed resolution under the Fugitive Offenders Ordinance

      Hon James TO to move the following motion:

      RESOLVED that in relation to the Fugitive Offenders (South Africa) Order, published in the Gazette as Legal Notice No. 43 of 2010 and laid on the table of the Legislative Council on 5 May 2010, the period for repealing an order referred to in section 3(3) of the Fugitive Offenders Ordinance (Cap. 503) be extended under section 3(5) of that Ordinance to the meeting of 23 June 2010.

    2. Proactively implementing the Framework Agreement on Hong Kong/ Guangdong Co-operation

      Hon Jeffrey LAM to move the following motion: (Translation)

      That, witnessed by state leaders, the Governments of Hong Kong and Guangdong have signed the Framework Agreement on Hong Kong/Guangdong Co-operation which defines the direction of joint socio-economic development in both places and the major initiatives for 2010; in this connection, this Council urges the SAR Government to formulate and implement the specific policies and measures outlined in the Framework Agreement as early as possible, so as to build an international financial centre with Hong Kong taking the lead with its financial systems, build a modern services base, build a world-class modern economic circulation sphere, develop a high quality green living area which incorporates a regional environment protection regime, and support Hong Kong-invested enterprises in opening up the Mainland domestic market.

      Amendments to the motion
      (i)Dr Hon Samson TAM to move the following amendment: (Translation)

      To add "in April this year," after "That,"; and to add "complement the training of talents, promote technology and innovation, develop high-end industries," after "regime,".

      (ii)Hon Cyd HO to move the following amendment: (Translation)

      To add "in order to promote cross-boundary co-operation between Hong Kong and Guangdong, and as" after "That,"; to delete "to formulate and implement" after "SAR Government" and substitute with ", in discussing policies or cross-boundary projects involving the co-operation of the two places, to make public the relevant information as early as possible and ensure that Hong Kong people must be consulted; in formulating"; and to delete "outlined in the Framework Agreement as early as possible" after "measures" and substitute with "as well as the relevant legislative proposals for the implementation of the Framework Agreement, the authorities must ensure that the human rights and freedom of Hong Kong people are not jeopardized".

      Amendment to Hon Cyd HO's amendment
      Hon Andrew LEUNG to move the following amendment:       (Translation)

      To delete "ensure that Hong Kong people must be consulted" after "as early as possible and" and substitute with "consult the relevant industries as well as give an account to the public".

      (iii)Hon WONG Kwok-kin to move the following amendment: (Translation)

      To delete "," after "That" and substitute with "the contacts and trade between Hong Kong and the Mainland have become more frequent since the reunification, and"; and to add ", so that Hong Kong's market population and geographical scope of services can be expanded to the Pearl River Delta metropolitan circle, thereby facilitating the promotion of a diversified range of industries and economy in Hong Kong and making available more quality job opportunities for Hong Kong people; at the same time, the SAR Government also has to provide those Hong Kong people who, because of the Framework Agreement, have to work and live on the Mainland or travel frequently between the two places over a long period of time with adequate support and personal protection, such as assistance in distress, legal services, emergency medical services as well as welfare protection, etc., with a view to catering for the closer and more integrated way of living and development between Hong Kong and Guangdong in the future" immediately before the full stop.

      (iv)Hon Miriam LAU to move the following amendment: (Translation)

      To add "as" after "That,"; to delete "and support" after "regime," and substitute with "expeditiously set up a Dongguan Liaison Unit under the Hong Kong Economic and Trade Office in Guangdong, and strengthen support for"; and to add "; furthermore, the SAR Government should also submit progress reports on the implementation of the Framework Agreement on a regular basis" immediately before the full stop.

      (v)Hon Emily LAU to move the following amendment: (Translation)

      To add "with the ever-increasing economic, social and cultural exchanges between Hong Kong and Guangdong, and as" after "That,"; to add ", while upholding the principles of 'One Country, Two Systems and a high degree of autonomy'," after "SAR Government"; and to add ", and that it should ensure the free flow of information between Hong Kong and Guangdong, which includes allowing Hong Kong journalists to cover news freely in Guangdong, so as to implement the provisions in the Framework Agreement relating to information flow, and while improving the business environment, it should enable Hong Kong businessmen to have reasonable legal protection should they be detained by the Mainland authorities, including the right to be visited by the SAR government officials and their lawyers, so that they can have access to fair legal treatment and trial; furthermore, this Council urges the Central Government to respect the right of the Chinese nationals in Hong Kong to freely travel to and from the Mainland and reinstate the right of those Hong Kong residents and Members of the Legislative Council who have been barred from entering the Mainland to return to their hometown, so as to enhance civilian and official exchanges between Hong Kong and Guangdong to further promote the implementation of the Framework Agreement" immediately before the full stop.

      Public Officer to attend : Secretary for Constitutional and Mainland Affairs

    3. Report on the collapse of the building at 45J Ma Tau Wai Road

      Ir Dr Hon Raymond HO to move the following motion: (Translation)

      That this Council notes the Report on the collapse of the building at 45J Ma Tau Wai Road, To Kwa Wan, Kowloon - K.I.L. 8627 on 29 January 2010.

      Amendments to the motion
      (i)Dr Hon Priscilla LEUNG to move the following amendment: (Translation)

      To delete "this Council notes the Report on the collapse of the building" after "That" and substitute with ", regarding the accident involving the collapse of the building"; to add "which took place" after "K.I.L. 8627"; and to add ", this Council notes that the Buildings Department released an investigation report on 26 April 2010, but is gravely dissatisfied that the report has failed to explain in detail the causes and circumstances leading to the collapse of the building and to give a clear account of the responsibility issue regarding the collapse of the building, and demands the Buildings Department to further submit a more comprehensive and detailed final report expeditiously" immediately before the full stop.

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

      To add ", as a rare and serious incident of a building collapsing suddenly under normal natural circumstances has occurred in Hong Kong for the first time," after "That"; and to add ", and urges that, in addition to the Development Bureau, other relevant government departments should also step up collaboration to implement crisis prevention and monitoring measures on building safety, and achieve synergy to help improve the maintenance and management of old-type and aged buildings, including: (a) to allocate more resources to support the work on maintenance of old buildings, building management and redevelopment of old districts; (b) to review the Buildings Department's manpower deployment to step up regular inspections and safety oversight of old buildings, and explore ways to implement an efficient collapse alert system for old buildings, thereby safeguarding the life and property of the public; (c) to comprehensively review and increase the manpower resources for the liaison officers responsible for building matters in the Home Affairs Department, so as to effectively improve the support, education, training and co-ordination in respect of building maintenance and management; (d) to upgrade the standard of the property management trade and expeditiously study the establishment of a licensing and supervisory regime for property management companies, with a view to improving the work quality of property management personnel in building maintenance and management; (e) to further expand and expedite the skills training for and registration of personnel engaged in building repair works; (f) to support the Urban Renewal Authority in stepping up efforts to promote the redevelopment of old districts; (g) to allocate more resources to improve the legal advice and mediation services for building management and maintenance; and (h) the Independent Commission Against Corruption must, in the light of the upward trend of corruption cases arising from building management and maintenance works, further enhance the promotion of and education on corruption prevention in building management and maintenance works, raise the awareness of integrity and standard of conduct among the personnel of the trade, and rigorously combat corruption crimes in the field of building management and maintenance, thereby ensuring the quality of building management and maintenance works" immediately before the full stop.

      (iii)Hon Frederick FUNG to move the following amendment: (Translation)

      To delete "this Council notes" after "That" and substitute with ", regarding"; and to add "released last month, this Council demands the relevant government departments to further investigate and pursue the responsibility issue regarding the incident expeditiously, with a view to restoring justice to the families of the deceased and injured, and review and improve the existing relevant rules and legislation, so as to prevent the recurrence of similar tragedies" immediately before the full stop.

      (iv)Hon Starry LEE to move the following amendment: (Translation)

      To delete "this Council notes" after "That" and substitute with ", as"; and to add "released by the Government on 26 April 2010 has only provided technical explanations of the causes leading to the collapse of the building, but failed to clarify issues such as the origin of the incident and who should be held responsible etc., this Council urges the Administration to expedite the investigation progress and publish the final report expeditiously to enable the public to know the truth of the incident; at the same time, this Council also urges the Government to give an undertaking to adopt the following measures to improve the condition and management of old buildings when releasing the final report: on building maintenance, (a) to expeditiously co-ordinate the various subsidy and loan schemes to provide one-stop services and perfect the relevant schemes, so as to assist more owners with financial difficulties; (b) to enhance regulation of renovation works which involve structural alterations, and carry out extensive publicity and education work to enhance public awareness of the effect of structural alteration to units on building safety, and encourage the public to provide information on works involving structural alterations to facilitate the Government in early detection of illegal structural alteration works, so as to avoid the building structure being affected; (c) focusing on water seepage problems of ceilings of old buildings, to review the existing practice of using colour dyes as the main testing tool and improve the relevant follow-up procedures of government departments, so as to enhance processing efficiency; (d) to expedite the clearance procedures for handling unauthorized building works, and enhance the exercising of powers conferred on the Building Authority under section 22 of the Buildings Ordinance, in particular focusing on old and notably dilapidated buildings, to enter into units of such buildings to inspect whether there are unauthorized building works that may affect the building structure, so as to ensure building safety; and should serious cases of inter-linked unauthorized building works be detected, the Government should take the initiative to assist the affected owners in carrying out rehabilitation works together and then share the costs among the owners, so as to avoid continuous potential hazards in the building structure and safeguard building safety; on improving building management, (e) to actively assist owners of old buildings in organizing owners' corporations or hiring management companies, including exploring the engagement of the Hong Kong Housing Society or other non-government organizations to act as agents and let these organizations to take over the management work or hire management companies, so as to assist the residents in resolving management and maintenance problems; (f) to review the existing Building Management Ordinance, so as to alleviate the problem of inefficiency in building management of 'one building with multiple owners' corporations' and 'multiple buildings with one owners' corporation'; (g) to set up a 'building affairs tribunal' to resolve the existing problems of lengthy building management disputes, expensive legal costs, etc.; (h) to actively examine the creation of a commissioner for management of old buildings to co-ordinate the existing work of various departments, so as to avoid fragmented administration of such departments; (i) to expeditiously implement a licensing scheme for property management companies to improve the quality of such management companies; (j) to establish a mechanism for modifying unreasonable provisions in the deeds of mutual covenant, so as to assist owners in managing the buildings more effectively; and (k) to actively consider establishing an approval mechanism to assist small property owners under sub-deeds of mutual covenant in obtaining the right to deal with building management problems covered by sub-deeds of mutual covenant" immediately before the full stop.

      (v)Hon Miriam LAU to move the following amendment: (Translation)

      To add ", after nearly three months since the incident involving the collapse of a building occurred at Ma Tau Wai Road, To Kwa Wan," after "That"; and to add ", but is gravely dissatisfied that the Administration has still failed to give a clear account of the responsibility issue regarding the incident of the collapse of the building and to put forward improvement proposals to prevent the recurrence of similar incidents; this Council urges the Administration to expeditiously investigate who should be held responsible for the incident, and put forward improvement proposals to prevent the recurrence of similar incidents" immediately before the full stop.

      (vi)Hon James TO to move the following amendment: (Translation)

      To add ", and urges the Government to expeditiously give a clear account of the responsibilities of the various parties involved in this incident, strengthen regulation of and provide assistance to facilitate the maintenance and management of old buildings, so as to safeguard the life and property of the public, including: (a) to enhance regulation of renovation works which involve structural alterations, penalize the non-complying contractors, carry out extensive publicity and education work to enhance public awareness of the effect of structural alteration to units on building safety, and encourage the public to provide information on works involving structural alterations to facilitate the Government in early detection of illegal structural alteration works, so as to avoid the building structure being affected; (b) to expedite the clearance procedures for handling unauthorized building works, penalize the property owners who have failed to comply with the removal orders, and enhance the exercising of powers conferred on the Building Authority under section 22 of the Buildings Ordinance to enter into units of such buildings to inspect whether there are unauthorized building works that may affect the building structure or partitioned flats, so as to ensure building safety; and should serious cases of inter-linked unauthorized building works be detected, the Government should take the initiative to assist the affected owners in carrying out rehabilitation works together and then share the costs among the owners, so as to avoid continuous potential hazards in the building structure which threaten building safety; (c) to allocate additional funding to 'Operation Building Bright', and relax the restrictions on application and terms of funding support for various building maintenance subsidy and loan schemes, so as to assist more owners with financial difficulties in carrying out building maintenance works; (d) to actively assist owners of old buildings in organizing owners' corporations or engaging the Hong Kong Housing Society or other non-government organizations to act as agents, and where necessary, co-ordinating with the owners of the old buildings nearby to hire management companies together, so as to assist the residents in resolving management and maintenance problems; (e) to establish a mechanism for modifying unreasonable provisions in the deeds of mutual covenant, so as to assist owners in managing the buildings more effectively; (f) to actively consider establishing an approval mechanism to assist small property owners under sub-deeds of mutual covenant in obtaining the right to deal with building management problems covered by sub-deeds of mutual covenant; (g) to set up a 'building affairs tribunal' to resolve the existing problems of lengthy building management disputes, expensive legal costs, etc.; and (h) to implement a licensing scheme for property management companies to improve the quality of such management companies" immediately before the full stop.

      Public Officers to attend :Secretary for Home Affairs
      Secretary for Development

    Clerk to the Legislative Council