A 10/11-3

Legislative Council

Agenda

Wednesday 20 October 2010 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / Instruments		No.
1.	Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (Republic of Hungary) Order	L.N. 124/2010
2.	Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income and Capital) (Republic of Austria) Order	L.N. 125/2010
3.	Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains) (United Kingdom of Great Britain and Northern Ireland) Order	L.N. 126/2010
4.	Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (Ireland) Order	L.N. 127/2010
5.	Specification of Arrangements (The Mainland of China) (Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income) (Third Protocol) Order	L.N. 128/2010
6.	Waterworks (Amendment) Regulation 2010	L.N. 129/2010
7.	Clubs (Safety of Premises) (Exclusion) (Amendment) Order 2010	L.N. 130/2010
8.	Deposit Protection Scheme (Representation on Scheme Membership and Protection of Financial Products under Scheme) (Amendment) Rules 2010	L.N. 131/2010
9.	Companies (Amendment) Ordinance 2010 (Commencement) Notice 2010	L.N. 132/2010
10.	United Nations (Anti-Terrorism Measures) Ordinance (Commencement) Notice 2010	L.N. 133/2010
11.	United Nations (Anti-Terrorism Measures) (Amendment) Ordinance 2004 (Commencement) Notice 2010	L.N. 134/2010
12.	Second Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences	S.S. No. 5 to Gazette No. 41/2010

Other Papers

1.	No. 5	-	The Land Registry Trading Fund Hong Kong Annual Report 2009-10
(to be presented by the Secretary for Development)
2.	No. 6	-	Occupational Safety and Health Council Annual Report 2009/2010
(to be presented by the Secretary for Labour and Welfare)
3.	No. 7	-	Protection of Wages on Insolvency Fund Board Annual Report 2009-10
(to be presented by the Secretary for Labour and Welfare)
4.	No. 8	-	Environment and Conservation Fund Signed and audited financial statements together with the report of the Director of Audit and report of the Trustee on the Administration of the Fund for the year ended 31 March 2010
(to be presented by the Secretary for the Environment)
5.	No. 9	-	West Kowloon Cultural District Authority Annual Report 2009/10
(to be presented by the Financial Secretary)
6.	No. 10	-	Customs and Excise Service Welfare Fund Signed and audited financial statements and the report of the Director of Audit for the year ended 31 March 2010
(to be presented by the Secretary for Security)
7.	No. 11	-	Consumer Council Annual Report 2009-2010
(to be presented by the Secretary for Commerce and Economic Development)
8.	No. 12	-	The Government Minute in response to the Reports of the Public Accounts Committee No. 53A and No. 54 of June and July 2010
(to be presented by the Chief Secretary for Administration, who will address the Council)
9.	No. 13	-	The Legislative Council Commission Annual Report 2009-2010
(to be presented by the President of the Legislative Council)
10.	Report No. 2/10-11 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. Hon Tanya CHAN to ask: (Translation)

Under the law, some statutory bodies and overseas organizations are eligible to be registered as electors for the Legislative Council functional constituencies ("FCs"), and thus be also eligible to be registered as voters for the subsectors of the Election Committee ("EC"), which is responsible for electing the Chief Executive. In this connection, will the Government inform this Council:

(a)	of the information on the statutory bodies and overseas organizations which are currently registered as electors for the Legislative Council FCs or voters for the subsectors of EC, including their names and the constituencies or subsectors to which they belong;
(b)	of the justification for such organizations to be eligible to become electors for the Legislative Council FCs, and whether the Government will consider amending the relevant legislation to change such a situation; if it will, of the detailed plan for the relevant work; if not, the reasons for that; and
(c)	given that some members of the statutory bodies are appointed by the Government, if the Government has assessed whether or not allowing statutory bodies to become electors for the Legislative Council FCs has left the public to think that administrative agencies interfere with the legislature through elections, and may even breach the provisions of the Basic Law; if the assessment result is in the affirmative, whether the Government will amend the legislation; if the assessment result is in the negative, of the reasons for that?

Public Officer to reply : Secretary for Constitutional and Mainland Affairs

2. Hon Paul TSE to ask: (Translation)

Regarding the progress of tourism development projects and conservation of rural areas with tourism value, will the Government inform this Council:

(a)	given the Government's decision to incorporate some areas of the Clear Water Bay Country Park into the proposed extension of South East New Territories Landfill and the press reports about the damage caused by property developers in rural areas such as Sai Wan and Pak Lap in Sai Kung have aroused grave public concern, whether the Government has considered formulating mandatory measures to conserve rural areas with tourism value; of the Government's specific plans for tourism development sites at present in addition to the tourism attractions and facilities already planned for construction or under construction;
(b)	given that the Panel on Economic Development of this Council passed a motion at its meeting on 27 April 2009 requesting the Government to review afresh the decision to abandon the "Fisherman's Wharf" project and reconsider whether this project should continue to be implemented, of the Government's present stance, as well as the specific development plans; and
(c)	of the latest progress of the development of the Bruce Lee memorial hall project; when the hall is expected to be open to the public; whether the authorities will start afresh the selection of a building cluster with cultural traditions which awaits revitalization to be the site for "the Jao Tsung-I Academy/Hong Kong Cultural Heritage" project, with a view to developing the Academy into a tourism attraction which suits both refined and popular tastes?

Public Officers to reply

:

Secretary for Commerce and Economic Development Secretary for Development Secretary for the Environment

3. Hon WONG Sing-chi to ask: (Translation)

The Hospital Authority ("HA") has implemented the Drug Formulary by phases since 2005 under which two categories of drugs need to be purchased by patients at their own expenses. One category which comprises drugs proved to be of significant benefits is provided with a safety net, whereby patients may be partially or fully subsidized for their drug expenses through the Samaritan Fund after passing the household income test. The other category is not provided with a safety net and some drugs necessary for the treatment of cancers belong to this category. Furthermore, in the second stage public consultation document on healthcare reform published this month, the authorities have proposed that a commitment of $50 billion be made to encourage sustained public participation in the Health Protection Scheme ("HPS"). In this connection, will the Government inform this Council:

(a)	whether it knows the number of patients who were subsidized through the Samaritan Fund for drug purchases in the past 12 months, as well as the respective amounts subsidized and paid by themselves; of the number of types of drugs for treating cancers under the self-financed items without safety net, as well as the number of patients who purchased these drugs at their own expenses and the amount of drug expenses incurred;
(b)	of the principle based on which the authorities refuse to pay for patients' drug expenses and require patients to self-finance expensive drugs on the ground of insufficient resources on the one hand but propose on the other hand the use of public money and resources to subsidize members of the public to take out private-run medical insurance from insurance companies in order to obtain services which are better than those offered by the public healthcare system; whether HPS will benefit patients who need to purchase expensive drugs at their own expenses at present; if so, of the details; and
(c)	given that the revenue from land sales for the Government has increased substantially this year, and the Democratic Party has proposed the Government to allocate $10 billion to establish a Medicines Subsidy Fund, from which the investment income each year will be allocated to HA to increase its financial commitment for drug expenses, whether the authorities have studied the proposal; if they have, of the outcome of the study; if not, the reasons for that?

Public Officer to reply : Secretary for Food and Health

4. Hon Frederick FUNG to ask: (Translation)

It has been reported that the problem of obesity in Hong Kong is very serious, with the obesity rate among school children rising from 16.7% in the 1996-1997 school year to 22.2% in the 2008-2009 school year, representing a drastic increase of 5.5 percentage point within a decade; and it seems that the various healthy lifestyle campaigns launched by the Government all these years were not effective. For example, 171 primary schools participated in the "EatSmart@school.hk" campaign implemented in 2009, but the number of accredited schools was minimal; moreover, the obesity or overweight rate among the people in Hong Kong remains high at 40%, coming close to the level of 60% in the countries in Europe and America, which poses higher risks of chronic diseases and a heavy burden on long-term healthcare expenditure. In this connection, will the Government inform this Council:

(a)

of the overall strategy currently employed by the Government to promote a healthy lifestyle among the people, including healthy eating and sports for all, etc.; apart from the assessment of food consumption patterns of primary students conducted in 2008, whether the authorities had reviewed, in past five years, the efficacy of the various initiatives and campaigns implemented to promote a healthy lifestyle and people's eating habits; if they had, of the outcome and the reasons for the failure or success of the initiatives and campaigns; if not, whether the authorities will conduct a review; and

(b)

whether the authorities will set short-term and medium-term targets for reducing the obesity or overweight rate among the people in Hong Kong to a low level, and adopt enhanced, or even mandatory, measures to reverse the current high calories, high fat and high sugar eating environment in Hong Kong and to develop a habit of regular exercise, so as to achieve those targets, e.g. regulating advertisements and publicity of junk food, prohibiting schools from selling junk food, requiring lunch box suppliers in schools to provide healthy menu, banning the sale of junk food and beverages through vending machines in public places and government facilities managed by the authorities (e.g. parks, games halls and office buildings of government departments, etc.), encouraging schools and employers to provide students and employees with more opportunities for exercise, and establishing more sports facilities?

Public Officer to reply : Secretary for Food and Health

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

It was reported that a social worker in Hong Kong who travelled to Macao for leisure on the 1st of this month was refused entry by the Macao immigration authorities for the reason that she posed a threat to the stability of its internal security, violating the Internal Security Law of the Macao Special Administrative Region ("SAR"). The social worker was a member of the executive committee of the Student Christian Movement of Hong Kong after her graduation, and is now a social worker of the Concerning CSSA Review Alliance, and her work mainly concerns livelihood of the people. Moreover, she participated in the 1 July march twice, the 1 May march once, as well as the sharing session on the "Five Geographical Constituencies Referendum" in Hong Kong. Regarding the issue of Hong Kong residents being refused entry by the Macao authorities, will the Government inform this Council:

(a)	whether it has ascertained from the Macao authorities if they have set a policy of refusing the entry of Hong Kong residents who work for the aforesaid groups or organizations or have participated in the aforesaid activities as such persons pose a threat to the stability of internal security of Macao; if it has not so ascertained from the Macao authorities, of the reasons for that;
(b)	whether the Government and the Macao authorities have formulated a notification mechanism for cases of Hong Kong residents being refused entry by the Macao authorities; whether there are existing procedure or guidelines for providing assistance to Hong Kong residents who have been refused entry by the Macao authorities and following up such cases; and
(c)	whether it has compiled statistics on the total number, since the reunification of Macao, of Hong Kong residents being refused entry by the Macao authorities; if it has, of the details; whether it will communicate with the Government of Macao SAR regarding such incidents, so as to avoid similar incidents from happening again?

Public Officer to reply : Secretary for Security

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

Will the Government inform this Council:

(a)	of the respective numbers of elderly single persons, non-elderly single persons and families currently waiting for public rental housing ("PRH"), with a breakdown by the waiting time;
(b)	of the number of PRH flats to be provided for the above two types of single-person applicants in each of the next five years, with a breakdown by District Council district; and
(c)	whether the authorities have new measures to provide more PRH flats for these single-person applicants so as to shorten their waiting time; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

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

Regarding the reply given by the Secretary for Financial Services and the Treasury on 7 July this year to my question on the "depreciation allowance for machinery and plants", will the Government inform this Council:

(a)	of the specific scope and timetable of the study conducted by the Joint Liaison Committee on Taxation on whether Hong Kong manufacturers might continue to be entitled to depreciation allowance in Hong Kong for their machinery after restructuring their business from "contract processing" to "import processing" on the Mainland (including when the study is expected to be completed and submitted to the Government);
(b)	whether it knows the number of Hong Kong manufacturers who were not entitled to depreciation allowance for their machinery after restructuring their business to "import processing" on the Mainland in each of the past three years; and
(c)	whether the authorities will formulate new measures to assist Hong Kong manufacturers in solving their problem of not being entitled to depreciation allowance for their machinery after upgrading and restructuring their business on the Mainland?

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

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

From time to time in recent years, I have received complaints from residents of the Stonecutters Island and the Yau Ma Tei Typhoon Shelter areas about odours frequently coming from the sea water. Moreover, although government officials said at the meeting of the Panel on Environmental Affairs ("EA Panel") of this Council on 25 January this year that an analysis of the water quality at the outfalls of the Stonecutters Island Sewage Treatment Works ("SCISTW") indicated that the residual chlorine content was within acceptable limits, it was recently reported in a weekly magazine that the outcome of the tests and investigation conducted by it showed that the sewage discharged from SCISTW and the operation of the West Kowloon Refuse Transfer Station ("WKTS") had led to water and air pollution in the district, and the hydrogen sulphide content in the air of the district had exceeded the standards of certain states of the United States. In this connection, will the Government inform this Council:

(a)	focusing on the investigation outcome in the aforesaid report, whether the authorities had, in the past five years, conducted similar studies; if they had, of the outcome; if not, whether they will conduct such studies; whether they will re-examine if the operations of SCISTW and WKTS have led to air or water pollution in the West Kowloon district, and whether they will re-assess the impact of such facilities on the health of members of the public;
(b)	whether the Environmental Protection Department ("EPD") has regularly monitored the contents of air pollutants (including hydrogen sulphide, etc.) in the vicinity of the aforesaid two facilities; if it has, of the locations of the monitoring points; of the relevant data obtained in each of the past three years, and whether such data exceeded any international standards;
(c)	of the monitoring results of the marine monitoring stations set up by EPD around the aforesaid West Kowloon waterfront in each of the past three years; whether it had detected any deterioration in the water quality and conducted relevant investigations to ascertain if the odours from the sea water are related to water quality;
(d)	of the number of complaints received by the authorities in each of the past three years about the air or water quality near SCISTW, WKTS or the Yau Ma Tei Typhoon Shelter/the West Kowloon waterfront, and among them, the number of such complaints which had been substantiated; whether government departments such as EPD and the Marine Department, etc. had prosecuted or penalized the persons or organizations involved; if they had, of the penalties imposed;
(e)	whether the Government had, in the past three years, carried out regular inspections on illegal connection of sewers for discharging sewage in the West Kowloon district; if it had, of the number and locations of sewers which were proved to be illegally connected but have not yet been removed so far, as well as the number and locations of sewers which illegally discharged sewage into the harbour; and whether the Government has any plan to remove all the illegal sewers;
(f)	focusing on the current odour problem in the West Kowloon district, what improvement plans the Government has, including whether it has carried out any dry weather flow interceptions works in respect of the odour problem at the Yau Ma Tei Typhoon Shelter, and whether it has implemented any environmental measure for the operations of SCISTW and WKTS;
(g)	given that in its "Harbour Area Treatment Scheme (HATS) Stage 2A Environmental Impact Assessment Study ? Investigation" report submitted in June 2008, the Drainage Services Department ("DSD") recommended enclosing or covering all the identified odour sources in the preliminary treatment works and SCISTW and discharging them into the atmosphere after treatment, when such recommendation can be implemented; given that the authorities stated at the meeting of EA Panel of this Council on 5 July 2005 that in the event that the water quality objectives could not be met due to an increase in the population during the implementation of HATS Stage 2, consideration would be given to proceeding to secondary sewage treatment, whether the Government has studied the feasibility of providing secondary sewage treatment; and
(h)	according to the information of the Leisure and Cultural Services Department, a large flood relief box culvert was built underground in the central part of the open space at Hoi Fan Road of Tai Kok Tsui, and the culvert with its surrounding area of 33 metres in width is classified by DSD as a drainage reserve on which quite a number of manholes for repair are distributed, of the current operation of the culvert (including the areas from which flood water is collected and where flood water is discharged), and whether water quality monitoring is conducted in the district?

Public Officer to reply : Secretary for the Environment

*9. Hon WONG Yuk-man to ask: (Translation)

Quite a number of elderly people and elderly groups have complained to me that the existing provision of non-emergency ambulance transfer service and Easy-Access Transport Services ("ETS") for patients to attend follow-up medical appointments are severely insufficient and, because such transport services cannot be arranged for them, patients have often failed, to attend follow-up medical appointments as scheduled, which may affect their health adversely. Moreover, Accessible Hire Cars ("AHCs") and Rehabuses services have time restrictions and charge high fares on the basis of journey distance, which the general poor and sick elderly people find it hard to afford. In this connection, with the Government inform this Council:

(a)	of the number of non-emergency ambulance transfer service and ETS users as well as the utilization rate of such services in the past five years (set out in the table below); Year Number of non-emergency ambulance transfer service users and utilization rate of such service Number ETS users and utilization rate of such service 2009 2008 2007 2006 2005
(b)	whether the Government will consider increasing the number of vehicles plying non-emergency ambulance transfer service and ETS to meet users' need; if it will, when it will do so, the number of vehicles to be increased, and the time when they will be put into service; if not, the reasons for that;
(c)	whether the Government will consider lowering the fares of AHCs and Rehabuses to the level of that for ETS in order to benefit more poor and sick elderly people; if it will, when it will do so; if not, the reasons for that; and
(d)	whether the Government will consider fully subsidizing the elderly people living on Comprehensive Social Security Assistance to take AHCs and Rehabuses to public hospitals or specialist out-patient clinics for follow-up medical appointments when non-emergency ambulance transfer service and ETS cannot be arranged for them; if it will, when it will do so; if not, the reasons for that?

Public Officer to reply : Secretary for Labour and Welfare

*10. Ir Dr Hon Raymond HO to ask:

Will the Government inform this Council,

(a)

given that the number of capital subvention projects for the provision of medical services submitted to the Finance Committee of this Council for funding approval had decreased in the past four sessions, whether the Government has assessed if the decrease reflects a reduction in the medical needs of the community; and

(b)

given that it was stated in the Policy Agenda for the 2008-2009 Policy Address that the establishment of multi-partite medical centres of excellence in paediatrics and neuroscience to improve the quality of clinical services to patients suffering from complex and serious illnesses as well as to enhance the standards of research and training in the two respective medical disciplines was under preparation, of the current status of such projects?

Public Officer to reply : Secretary for Food and Health

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

During his visit to Taiwan at the end of August this year, the Financial Secretary said that the question of granting visa-free access to Taiwan travellers should be "seriously studied and followed up". Yet, the Taiwanese authorities have already announced that Hong Kong residents who were born in Hong Kong and are holders of Hong Kong Special Administrative Region ("HKSAR") Passport may enter Taiwan immediately after being granted an entry permit from application on the Internet, which has significantly streamlined the process of entry permit application. In this connection, will the Government inform this Council:

(a)	of the average length of time it takes at present in processing each entry permit application by Taiwan travellers; the percentage of cases in which the HKSAR Government had refused to grant entry permits to Taiwan travellers in each of the past three years, and the main reasons for such refusals;
(b)	given that there have been comments that since at present the Macao SAR Government has already agreed to grant visa-free access to Taiwan travellers, and the adoption of a corresponding arrangement by Hong Kong is technically quite feasible, of the latest progress of the study by the authorities on granting visa-free access to Taiwan travellers and the specific implementation timetable, the major factors of consideration involved; whether the authorities will, during the transitional period before visa-free access is granted to Taiwan travellers, implement other measures to improve the granting of entry permits, so as to attract Taiwan travellers to Hong Kong; if they will, of the details (including the way in which the measures are to be implemented and the details of charges); if not, the reasons for that; and
(c)	whether it will strive to persuade the Taiwanese authorities to extend the coverage of the aforesaid streamlining measure for entry permit applications for Hong Kong residents to Hong Kong residents who were not born in Hong Kong but are holders of Hong Kong permanent identity cards?

Public Officer to reply : Secretary for Security

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

The Secretary for Financial Services and the Treasury indicated in February this year that a review of the implementation of section 39E of the Inland Revenue Ordinance (Cap. 112) ("section 39E") would be conducted through the Joint Liaison Committee on Taxation ("JLCT"). In this connection, will the Government inform this Council:

(a)	of the number of meetings held to date and the names of persons and organizations met by JLCT in respect of the study on section 39E, as well as the contents of the respective views collected;
(b)	how JLCT conducts extensive consultation with persons in the commerce and industry sector who are affected by section 39E;
(c)	whether JLCT has arranged legal adviser(s) to study the legal issues, including whether the authorities' current interpretation and implementation of section 39E have deviated from the original legislative intent, in particular the legal basis of the viewpoint that section 39E no longer targets merely against "leveraged leasing" after the amendment in 1992; if it has, of the name(s) and title(s) of the legal adviser(s); if not, the reasons for that;
(d)	whether JLCT will make public the contents and relevant information of the meetings held to study section 39E; if it will, of the details; if not, the reasons for that;
(e)	whether JLCT will enhance the transparency of such studies (such as allowing the public or persons in the commerce and industry sector who are affected by section 39E to observe the meetings); if it will, of the details; if not, the reasons for that;
(f)	of the Government's estimated timing for making public the JLCT review report; and
(g)	apart from the Financial Services and the Treasury Bureau taking charge of the review on section 39E at present, whether there are other government departments or officials participating in the review; if so, of the details; if not, the reasons for that?

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

*13. Hon LEUNG Kwok-hung to ask: (Translation)

After the Secretary for Home Affairs answered my question concerning the operation of the Hong Kong Girl Guides Association ("the Association") on 14 July this year, I have received complaints from parents, members of women groups and kindergarten teachers that the appointment of the Chief Commissioner ("CC") of the Association had all along been made in a black box, with the candidates being pre-determined internally. The Association would not take the initiative to provide nomination forms for CC to the eligible persons and those other than the pre-determined candidate for the next CC, rendering the election system cosmetic and unfair. Moreover, some complaints have also pointed out that the appointment of the incumbent CC gave rise to a conflict of interest as well as a breach of the constitution submitted to the Inland Revenue Department ("IRD") by the Association and the provisions governing its internal organization. In this connection, will the Government inform this Council whether it knows:

(a)	if the Association had taken the initiative to issue relevant nomination forms to members of its Council, including CC, Deputy Chief Commissioners ("DCC"), Assistant Chief Commissioners, International Commissioner ("IC"), Division Commissioners, Assistant Division Commissioners and various District Commissioners before each of the last three appointments of CCs; if so, of the respective dates of issuance; if not, the reasons for that, and whether eligible electors for CC have to make a request in order to obtain the nomination forms;
(b)	if the incumbent six DCCs and the IC of the Association had participated in the patrol assemblies each week in the past five years to train the girl guides; if so, of the number of assemblies in which each of them had participated each month and the number of the patrols involved; if not, of the reasons for that, and whether such posts are only honorary in nature;
(c)	of the respective numbers of candidates who were nominated in the 2007 and 2010 elections of CC; the number of nominators for the incumbent CC in the 2007 election and the respective numbers of votes for and against her appointment as well as the number of abstentions; and
(d)	if there are provisions in the constitution submitted by the Association to IRD which restrict CC from holding the post of Vice President concurrently so as to avoid conflict of interests; if so, of the details and the reasons why the incumbent CC is allowed to hold the post of Vice President concurrently; if not, the reasons for that?

Public Officer to reply : Secretary for Home Affairs

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

The Home Affairs Bureau published a public consultation paper on "Should Hong Kong bid to host the 2023 Asian Games?" ("Consultation Paper") last month to brief the public on the potential costs and benefits in hosting the Asian Games. In this connection, will the Government inform this Council:

(a)	given that the high prices of construction materials in recent months have resulted in soaring construction costs, in respect of the Government's current cost estimates for the alterations, upgrading or construction works for the venues planned for staging the Asian Games (including existing government and non-government facilities as well as sports centres that have been studied or planned), by how much the costs of such works will increase during the construction stage as compared with those estimated according to the current level;
(b)	what temporary alterations or upgrading works will be undertaken by the authorities for the proposed competition venues for staging the 35 sports mentioned in the Consultation Paper and, among these venues, the number of those which require installation of additional seats, and the respective additional number of permanent or temporary seats to be installed in each of such venues; whether these seats need to be removed after the Asian Games; if so, of the number of temporary seats that have to be removed in respect of each venue and the respective amount of charges involved for the removal;
(c)	of the anticipated usage of the various venues (including the venues listed in Annexes B and C to the Consultation Paper) in (b) after the Asian Games, and list the usages against the names of the venues concerned, together with the user organizations or the sports for which the venues will be used;
(d)	of the respective original timetables for the construction, completion and commissioning of each of the sports venues listed in Annex C to the Consultation Paper, and whether such timetables are expected to be revised after Hong Kong has successfully bid for the Asian Games; if so, of the details;
(e)	given that it was stated in the Consultation Paper that the proposed Multi-purpose Stadium Complex ("MPSC") at Kai Tak will be the main competition venue for the Asian Games, of the estimated number of branch venues that MPSC will comprise, the respective seating capacity of each branch venue and the aggregate seating capacity of MPSC; of the difference in the seats and equipment of such venues as compared with their original plans; apart from MPSC, of the number of seats provided by each of the sports venues listed in Annex C to the Consultation Paper;
(f)	of the estimated construction cost of the athletes' village and the land premium involved; and
(g)	what criteria the authorities will adopt in evaluating public views on the bid for hosting the Asian Games; whether the authorities will decide not to bid for the Asian Games on the ground that the majority of the public do not support the bid?

Public Officer to reply : Secretary for Home Affairs

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

In mid September this year, an Acacia confusa tree located on the slope along Fung Mo Street in Wong Tai Sin collapsed, crushing two passing taxies. Moreover, a tree expert has recently relayed to me that the average life span of an Acacia confusa tree is about 40 years only and since a large number of such trees have been planted in Hong Kong since the 1980s, he estimated that these trees would gradually develop illness or even collapse in the foreseeable future, posing danger to the public. In this connection, will the Government inform this Council:

(a)	of the total number of Acacia confusa trees planted in Hong Kong at present, broken down by District Council district and, among them, the number of such trees which are located in high-risk areas with high pedestrian and vehicular flows, as well as the health conditions of such trees at present;
(b)	apart from Acacia confusa trees, which other species of trees with a similar life span of about 40 years were planted in large numbers in Hong Kong during the 1980s, and list the distribution of such trees by District Council district;
(c)	whether it will draw up specific plans for the removal of Acacia confusa trees; if so, of the details; if not, how it ensures that they are in good health condition;
(d)	of the factors to be considered by the authorities at present for selecting the tree species to be planted; and
(e)	given that the Development Bureau has stated in its paper submitted to the Panel on Development of this Council on 27 July this year that the Tree Management Office would commission research covering different areas (including selection of suitable tree species for greening), in order to build up its professional knowledge base, of the latest progress of the research?

Public Officer to reply : Secretary for Development

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

On 24 June this year, the Legislative Council passed a motion concerning the amendment to the method for the selection of the Chief Executive ("CE"), which stipulated that the number of members of the Election Committee ("EC") responsible for electing CE in 2012 would be increased from 800 to 1 200, with the number of seats for each of the four sectors increased by 100. Apart from proposing the allocation of 75 of the 100 new seats for the fourth sector (i.e. the political sector) to elected District Council members, the Executive Authorities have not stated clearly how the new seats for the other sectors will be allocated. Many members of the public are of the view that real estate developers have excessive direct and indirect influence in EC, and their weight in this regard should be diluted when the local legislation is being made. In this connection, will the Executive Authorities inform this Council:

(a)	whether they have assessed if real estate developers are having excessive influence in EC; if they have, of the details; of the reasons for coming up with such a design in the first place; and whether they will make adjustments when local legislation is being made; if they will not, of the reasons for that; and
(b)	whether they will enhance the democratic elements of EC as far as practicable to allow participation of more members of the public; if they will, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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

The Hong Kong Journalists Association ("HKJA") has earlier released the result of its study, pointing out that since the Police implemented the digitalization of its communications system in 2004, the number of times of dissemination of information on unforeseen incidents to the media has been on the low side. On a daily average, the Police disseminated to the press the information on only 2.7 unforeseen incidents in the latter half of last year, which accounts for only 1.27% of the daily average of 212.7 crime cases. HKJA also criticized the Police for disseminating information in a selective manner, in that quite a number of incidents which were important to the public, such as street deception, serious homicide and accidental death, were either withheld from or deferred in dissemination. In this connection, will the Government inform this Council:

(a)	of the number of times of dissemination of information regarding unforeseen incidents each year since the Police implemented the digitalization of its communications system at the end of 2004, the categories of such incidents, and the percentage of the average daily number of incidents released each year in the average total number of cases recorded daily in that year;
(b)	of the criteria for disseminating such information; the average time taken for disseminating information regarding each unforeseen incident, and the number of incidents the information on which could be disseminated within 20 minutes upon receipt of report;
(c)	whether it will extend the scope of dissemination to cover all unforeseen incidents and involve public interest; and whether it will negotiate with the media on the criteria for dissemination so as to reach a consensus; and
(d)	whether the Police will review the existing mechanism for disseminating such information so as to safeguard people's right to know?

Public Officer to reply : Secretary for Security

*18. Hon Albert CHAN to ask: (Translation)

At the meeting of this Council on 20 October 2004, I enquired if there were measures to reduce emissions from aircraft so as to alleviate the problem of air pollution in Tung Chung, but the authorities said that they could not confirm that there was a direct relation between air pollution in Tung Chung and emissions from aircraft. Yet, some Tung Chung residents have relayed to me that with the growing number of flights operating at the Hong Kong International Airport in recent years, emissions from aircraft have increased correspondingly, affecting the health of residents in the district. In this connection, will the Government inform this Council:

(a)	whether it knows the various levels of emissions from aircraft movements and aircraft parking at the Hong Kong International Airport in each of the past three years, and list in table format a breakdown by the model of aircraft, as well as which models had the highest level of emissions, and what measures the authorities have at present to reduce emissions from aircraft of such models; and
(b)	whether it will take new measures to reduce the impact of emissions from aircraft on the health of Tung Chung residents; if it will, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for the Environment

*19. Dr Hon Joseph LEE to ask: (Translation)

It is a legal requirement that only registered optometrists holding valid practising certificates and persons exempted under the Optometrists (Registration and Disciplinary procedure) Regulation (Cap. 359, sub. leg. F) ("qualified persons") may practise the profession of optometrist. However, some members of the profession have relayed to me that at present, a number of optometrists in Hong Kong who are not qualified persons still prescribe and fit glasses or contact lenses for customers, which poses risks to the optical health of the public. In this connection, will the Government inform this Council:

(a)	whether the authorities have information on the number of cases of optometrists who were not qualified persons being prosecuted for practising the profession of optometrist in the past five years; if so, of the details, including the penalties imposed; if not, the reasons for that;
(b)	whether it has reviewed in the past three years if the existing penalties are too lenient and insufficient to combat the aforesaid illegal practice; whether the authorities will consider increasing the penalties or imposing severe punishment on those employers who employ optometrists who are not qualified persons to practise the profession of optometrist, so as to enhance the deterrent effect; if they will, of the details; if not, the reasons for that;
(c)	of other approaches adopted by the authorities at present to combat the aforesaid illegal practice; whether additional measures will be implemented to prevent such practice; if so, of the details; if not, the reasons for that; and
(d)	given that some members of the profession have pointed out that at present, the public have little knowledge of distinguishing whether or not an optometrist is a qualified person while relevant information available is also inadequate, whether the authorities will enhance publicity and education or adopt other approaches to assist the public in knowing without difficulty whether or not an optometrist is a qualified person; if they will, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Food and Health

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

The number of inbound tourists has grown continuously in recent years. Some members of the tourism industry have relayed that insufficient coach parking spaces at downtown shopping areas has resulted in such coaches being parked on the road, blocking the traffic, causing inconvenience to tourists, drivers and the public alike, and may even cause accidents and adversely affect the tourism industry of Hong Kong. In this connection, will the Government inform this Council:

(a)	of the anticipated growth in the number of inbound tourists in the next three years;
(b)	of the number of cases in the past three years of drivers being penalized for illegal parking of coaches at tourist attractions, with a breakdown by the penalty imposed on them;
(c)	whether the authorities are concerned about the situation of traffic jam which resulted from coaches crowding major tourist attractions and shopping areas with heavy pedestrian flow, such as Tsim Sha Tsui, Hung Hom and Mong Kok; whether they had conducted studies on improvement measures in the past three years; if they had, of the details; if not, the reasons for that; and
(d)	whether additional parking spaces and passenger pick-up/set-down areas for coaches will be provided at major tourist attractions and shopping areas in the next three years; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

* For written reply

III. Bills

First Reading

Legislation Publication Bill

Second Reading (Debate to be adjourned)

Legislation Publication Bill : The Secretary for Justice

IV. Motions

1. Proposed resolution under the Pharmacy and Poisons Ordinance
   
   Secretary for Food and Health to move the following motion:
   
   RESOLVED that the following Regulations, made by the Pharmacy and Poisons Board on 13 September 2010, be approved -
   
   

   (a)	the Pharmacy and Poisons (Amendment) (No. 4) Regulation 2010; and
   (b)	the Poisons List (Amendment) (No. 4) Regulation 2010.
   (The two Regulations were issued on 4 October 2010 under LC Paper No. CB(3) 8/10-11)

2. Proposed resolution under the Interpretation and General Clauses Ordinance
   
   Secretary for Financial Services and the Treasury to move the following motion:
   
   RESOLVED that the Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (Brunei Darussalam) Order, published in the Gazette as Legal Notice No. 89 of 2010 and laid on the table of the Legislative Council on 7 July 2010, be amended as set out in the Schedule.
   
   

   Schedule Amendment to Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (Brunei Darussalam) Order
   1.	Schedule amended
   	The Schedule, Chinese text, Part 1, Article 11, paragraph 3(b)(v) -
   		Repeal "協會" Substitute "基金會".

   
   

V. Members' Motions

1. Motion under Rule 49E(2) of the Rules of Procedure
   
   Hon Miriam LAU to move the following motion:(Translation)
   
   That this Council takes note of Report No. 2/10-11 of the House Committee laid on the Table of the Council on 20 October 2010 in relation to the subsidiary legislation and instrument(s) as listed below:
   
   

   Item Number	Title of Subsidiary Legislation or Instrument
   (14)	Smoking (Public Health) (Designation of No Smoking Areas) (Amendment) Notice 2010 (L.N. 100/2010)
   (3)	Waste Disposal (Clinical Waste) (General) Regulation (L.N. 83/2010)
   (4)	Waste Disposal (Charge for Disposal of Clinical Waste) Regulation (L.N. 84/2010).

   Public Officers to reply

   :

   Secretary for Food and Health Secretary for the Environment

2. Improving personal data privacy protection
   
   Hon WONG Kwok-hing to move the following motion: (Translation)
   
   That, in recent months, 'Octopus' and 'Autotoll' operated by public transport operators, the finance and insurance sector, and the electronic communications sector, etc., were found to have contravened the Personal Data (Privacy) Ordinance ('PDPO') and engaged in unauthorized transfer or sale of the personal data collected to make profits, with extensive implication and significant impact, affecting the personal data privacy right of millions of Hong Kong people; among the above, 'Octopus', the monopoly operator of electronic money, even admitted that it had made a profit of over $44 million by selling its clients' personal data; the 'Octopus' scandal has revealed that various smart cards currently available in the market, such as bonus cards, membership cards, credit cards, stored value cards and top-up cards, etc., are generally not in full compliance with the requirements of the PDPO, the public's personal data privacy are not properly protected and organizations are able to take advantage of the loopholes and grey areas of the PDPO to indiscriminately collect personal data beyond the scope of purpose for data collection publicly claimed by such organizations, and turn such data into their cash cows, and in the absence of monitoring, the situation has become very serious, causing considerable disturbance to people's daily life; however, due to the limited powers conferred by the law on the Office of the Privacy Commissioner for Personal Data ('PCPD') and constraint of resources, the PCPD is not able to exercise effective regulation, and the responsible government departments concerned have also failed to seriously shoulder the responsibility of protecting personal data privacy; in this connection, this Council urges the Government to immediately adopt the following measures to protect the general public's personal data privacy right:
   
   

   (a)	to urge law enforcement departments to conduct a comprehensive and thorough investigation into all the companies and organizations involved in transfer and sale of clients' personal data and infringement of the public's privacy and to prosecute the same for criminal liability, and require such companies or organizations to destroy the public's personal data, which were illegally collected, under the supervision of an independent third party and to offer an apology and compensation to affected clients;
   (b)	to comprehensively review and amend the PDPO immediately to plug the loopholes of the legislation and eliminate the grey areas, and at the same time increase the criminal sanction to achieve a deterrent effect;
   (c)	to provide additional resources for the PCPD, so as to enhance its efficiency in handling complaints and step up enforcement to effectively protect the public's personal data privacy right;
   (d)	to introduce clear clauses and requirements to ensure that consumers have the right to opt in, so as to ensure that consumers provide their personal data within the scope of the 'purpose of data collection' as specified by the organizations concerned without threats and inducements, and to step up efforts to combat and eradicate the indiscriminate collection of the public's personal data;
   (e)	to legislate the regulation of application forms for all kinds of membership cards, credit cards, etc., including requiring that the fonts and contents of the advice and terms on the protection of consumers' personal data privacy right should be reasonably legible, in terms of font size, location and surface area, to any person with normal eyesight, and ensuring that people who are unable to clearly read the terms and thoroughly understand the scope of data to be collected will still be provided with clear advice on the choices available to them and information on the protection of personal data privacy right;
   (f)	to legislate the regulation of all private and public corporations in Hong Kong by stipulating that they should in no circumstances transfer any personal data to third party companies, including their partner and subsidiary companies, without the explicit written consent and authorization from their clients, nor should such personal data be sold or used for profit-making purposes; and
   (g)	to make reference to successful overseas experience and the operation mode of the Airport Authority Hong Kong and actively explore the option of the public sector operating the 'Octopus' smart card, so as to ensure that the personal data privacy of millions of Hong Kong people who have to use the Octopus card can be protected in a comprehensive and effective manner, thus fully preventing the personal data privacy of all Hong Kong people from being turned into cash cows again by public or private corporations.

   
   

   Amendments to the motion
   (i)	Hon James TO to move the following amendment: (Translation) To delete "," after "That" and substitute with "privacy is a common value protected by international human rights treaties, but the privacy protection for the public under the existing legislation and regime in Hong Kong is not sufficient;"; to add "step up efforts to regulate enterprises' resale of clients' personal data and direct marketing," after "grey areas,"; and to add "; (h) to appoint an independent investigation committee to thoroughly investigate the sale and handling of clients' personal data by 'Octopus' and other sectors; (i) to urge the Privacy Commissioner for Personal Data ('the Privacy Commissioner') to expand the applicability of the register of data users to financial institutions such as 'Octopus' and banks, the insurance and telecommunications sectors, etc., require the enterprises concerned to declare to the Privacy Commissioner the collection, holding, use and disclosure of data, and submit a privacy compliance audit report to the Privacy Commissioner every two years; and (j) to fully implement section 33 of the PDPO as soon as possible to regulate the transfer of personal data to place outside Hong Kong" immediately before the full stop.
   (ii)	Hon WONG Ting-kwong to move the following amendment: (Translation) To delete "," after "That" and substitute with "it is a community consensus in Hong Kong that the Government and all public and private organizations should faithfully and properly protect the public's personal privacy, but"; to add "(c) to immediately implement section 33 of the PDPO to control the transfer of personal data to place outside Hong Kong, so as to prevent the lack of proper protection on personal privacy due to unreasonable resale of personal data to overseas companies;" after "deterrent effect;"; to delete the original "(c)" and substitute with "(d)"; to delete the original "(d)" and substitute with "(e)"; to add "(f) to amend the Unsolicited Electronic Messages Ordinance and the Do-not-call Registers required under the Ordinance to regulate person-to-person telemarketing activities, so as to ensure that consumers' personal data will not be used improperly in commercial marketing activities, which may cause enormous nuisance to the consumers concerned;" after "collection of the public's personal data;"; to delete the original "(e)" and substitute with "(g)"; to delete the original "(f)" and substitute with "(h)"; to delete "in no circumstances" after "stipulating that they should" and substitute with "not"; to delete "the explicit written consent and authorization from their clients, nor should such personal data be sold or used" after "subsidiary companies, without" and substitute with "stating clearly in separate terms for confirmation by the person concerned in any contracts involving transfer or conveyance of personal data whether such personal data are transferred or conveyed"; and to delete the original "(g)" and substitute with "(i)".
   (iii)	Hon CHAN Kin-por to move the following amendment: (Translation) To delete "the finance and insurance sector, and the electronic communications sector, etc., were found to have contravened" after "public transport operators," and substitute with "individual financial and insurance institutions, and electronic communications institutions, etc., were alleged to have been involved in contravening"; to delete "and engaged" after "Personal Data (Privacy) Ordinance ('PDPO')" and substitute with "by engaging"; to delete "a profit" after "it had made" and substitute with "an income"; to add ", and in adopting such measures, it also needs to ensure that all industries and trades can do business in Hong Kong according to the law and also must not smother the room for survival of the industries concerned, including the direct marketing industry, thereby enabling a large number of practitioners to make a living" after "general public's personal data privacy right"; to add ", contravening the PDPO" after "public's privacy"; to add "examine the pros and cons of adopting opt-in and opt-out mechanisms in Hong Kong with reference to the practices of different places, and then" after "(d) to"; to delete "to ensure that consumers have the right to opt in, so as to ensure" after "clauses and requirements" and substitute with "so"; to delete "transfer any personal data to third party companies, including their partner and subsidiary companies," after "circumstances" and substitute with "use any personal data beyond the purposes of data collection"; and to delete ", nor should such personal data be sold or used for profit-making purposes" after "their clients".

   
   Public Officer to attend : Secretary for Constitutional and Mainland Affairs

3. Facing up to the transport needs of people with disabilities
   
   Hon LEUNG Yiu-chung to move the following motion: (Translation)
   
   That this Council passed motions on a number of occasions over the past few years calling for improvement to transport facilities for people with disabilities and offer of concessionary transport fares to them, but the Administration, some statutory transport corporations and other public transport operators still fail to fully face up to and give effect to the motions, and the crux of the problem is the Government's lack of a specific policy on fare concessions for people with disabilities and determination to make improvements; this Council strongly demands the Administration to take the lead in implementing and pushing various public transport operators to immediately and fully respond as well as give effect to the relevant motions previously passed by this Council and the recommendations in the Report of the Council's Subcommittee to Study the Transport Needs of and Provision of Concessionary Public Transport Fares for Persons with Disabilities in the last term; in addition, the Government must implement the following concrete measures to more comprehensively address the transport needs of people with disabilities so as to enable them to integrate into society more effectively:
   
   

   (a)	to formulate a policy on fare concessions on public transport for people with disabilities;
   (b)	in order to effectively assist people with disabilities in integrating into society, to adopt legislative, administrative and financial measures to press various major public transport operators to offer concessionary fares to them;
   (c)	to put forth, in the near future, specific proposals and a timetable for introducing half-fare concession on public transport for all people with disabilities, so as to help them integrate into society and improve their life;
   (d)	to allocate additional resources to comprehensively improve the Rehabus service and, in particular, enhance such service for people with disabilities living in remote areas and new towns;
   (e)	to request the MTR Corporation Limited to expeditiously install facilities such as platform screen doors, platform gates and automatic mechanical gap fillers for all its rail lines in order to strengthen platform safety, and improve station facilities with a view to creating a barrier-free environment;
   (f)	to request various public bus companies to expeditiously replace their buses with low floor type buses to cater for the transport needs of people with disabilities, and when a bus makes stops, inform passengers of the routing arrangement through its public address system for the convenience of the blind, and at the same time incorporate provisions in the new franchise agreements on public bus services to require bus companies to offer concessionary fares to people with disabilities;
   (g)	to study subsidizing people with disabilities in need to purchase electrical wheelchairs so as to facilitate them to use public transport;
   (h)	to request the Transport Department to explore waiving the licence fee for people with disabilities who purchase private cars with a cylinder capacity of over 1 500 c.c. so as to make it convenient for them to carry larger and heavier electrical wheelchair and supporting equipment, provide additional auto-fuel allowances for people with disabilities, subsidize drivers with disabilities for using private tunnels and provide parking spaces for them, so that people with disabilities do not have to pay high transportation fees; and
   (i)	to step up consultation with people with disabilities to fully realize the concept of 'Transport for All', and strictly regulate public transport operators in providing barrier-free facilities, so as to enable more people with disabilities to use public transport and integrate into society.

   
   

   Amendments to the motion
   (i)	Hon WONG Kwok-hing to move the following amendment: (Translation) To add ", as the Government advocates the cultivation of a people-oriented, loving and caring social culture, and in retrospect," after "That"; to add "all" after "transport facilities for"; to add "in Hong Kong" before "and offer of concessionary transport fares"; to add "and even though some public transport operators have given effect to the motions, they only do so in an unfair and selective manner," after "give effect to the motions,"; to add "take the lead to" after "determination to"; to delete "and" after "implementing" and substitute with "in those public transport operators with the Government as the major shareholder and set an example for"; to delete "for people with disabilities" after "fare concessions on public transport" and substitute with "which covers all people with disabilities in Hong Kong, including those with different degree of disability"; to delete "them" after "major public transport operators to offer concessionary fares to" and substitute with "all people with disabilities in Hong Kong"; and to add "in Hong Kong" after "on public transport for all people with disabilities".
   (ii)	Hon Paul CHAN to move the following amendment: (Translation) To delete "in addition" after "last term;" and substitute with "moreover, the Government, being the MTR Corporation Limited's major shareholder which received from the company cash dividends of more than two billion dollars each year, can use such dividends to subsidize the people in need; therefore"; to add "(a) to set aside a certain percentage of the cash dividends received from the MTR Corporation Limited each year to subsidize the transport fares of people with disabilities;" after "integrate into society more effectively:"; to delete the original "(a)" and substitute with "(b)"; to delete the original "(b)" and substitute with "(c)"; to delete the original "(c)" and substitute with "(d)"; to delete the original "(d)" and substitute with "(e)"; to delete the original "(e)" and substitute with "(f)"; to delete the original "(f)" and substitute with "(g)"; to delete the original "(g)" and substitute with "(h)"; to delete the original "(h)" and substitute with "(i)"; and to delete the original "(i)" and substitute with "(j)".

   
   

   Public Officers to reply

   :

   Secretary for Labour and Welfare Secretary for Transport and Housing

Clerk to the Legislative Council