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A 10/11-6
Legislative Council
Agenda
Wednesday 10 November 2010 at 11:00 am
I. Tabling of Papers
| 1. | No. 24 | - | Hong Kong Science and Technology Parks Corporation
Annual Report 2009/2010
| (to be presented by the Secretary for Commerce and Economic Development)
| | 2. | No. 25 | - | Hong Kong Productivity Council Annual Report 2009/10
| (to be presented by the Secretary for Commerce and Economic Development)
| | 3. | No. 26 | - | Report by the Director of Immigration Incorporated on the administration of the Immigration Service Welfare Fund together with the Report of the Director of Audit and audited financial statements for the year ended 31 March 2010
| (to be presented by the Secretary for Security)
| | 4. | No. 27 | - | Report of changes made to the approved Estimates of Expenditure during the second quarter of 2010-11
Public Finance Ordinance: Section 8
| (to be presented by the Secretary for Financial Services and the Treasury)
| | 5. | No. 28 | - | Independent Police Complaints Council Report 2009/10
| (to be presented by Dr Hon Joseph LEE, who will address the Council)
| | 6. | Report No. 3/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
| (to be presented by Hon Miriam LAU, Chairman of the House Committee)
| | 7. | Report of the Bills Committee on Arbitration Bill
| | (to be presented by Dr Hon Margaret NG, Chairman of the Bills Committee)
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II. Questions
1. Hon Miriam LAU to ask: (Translation)
Last month, a frightening traffic accident occurred at the Hong Kong International Airport in which a tourist coach travelling along the flyover next to the air passenger terminal building and heading for the carriageway at grade ran out of control and crashed through a parapet; it then fell off the 16-metre-tall bridge and crushed two taxis, and fortunately no severe casualty was caused. An engineer has described that the structure of the parapets at the incident spot is very frail and can merely withstand the impact by private cars. The incident has thus roused public concern about the safety of parapets of vehicular bridges and freeways in Hong Kong. In this connection, will the Government inform this Council:
| (a) | of the containment level of the parapets at the road section at which the aforesaid accident occurred, including information such as the height and material of the parapets, as well as the energy of impact by different types of vehicles, such as private cars and buses, that they can withstand;
| | (b) | of the major vehicular bridges and freeways in Hong Kong which use the aforesaid type of parapet at present, as well as the total length of such road sections; and
| | (c) | given that following the 2003 tragic incident at Tuen Mun Road where a double-decked bus plunged into a valley, the Tuen Mun Road Traffic Incident Independent Expert Panel ("the Expert Panel") listed 39 spots which are in priority need for upgrading the containment level of parapets, of the progress of such improvement works to date; given that the Expert Panel's report has also recommended that the authorities should continue to monitor in the international scene the development of multiple containment parapet, which is capable of retaining both light and heavy vehicles, and develop workable parapet designs for the Hong Kong situation, whether the authorities have developed new models of parapet in this connection, and whether such parapets will be put to use throughout Hong Kong; if they have, of the details; if not, the reasons for that?
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Public Officer to reply : Secretary for Transport and Housing
2. Hon Jeffrey LAM to ask: (Translation)
As recommended in "A Policy Framework for the Management of Municipal Solid Waste (2005-2014)", the Government will develop Integrated Waste Management Facilities ("IWMF") with advanced incineration as the core technology for the treatment of unavoidable waste. It has been learnt that the Government is finalizing the environmental impact assessment ("EIA") studies for the two potential sites identified (i.e. Tsang Tsui in Tuen Mun and Shek Kwu Chau to the south of the Lantau Island) for IWMF, and will release the EIA reports by the end of this year. In this connection, will the Government inform this Council:
| (a) | whether the authorities will adopt other principles, standards or new technologies, apart from the Government's EIA reports, in determining the final choice of the site; if they will, of the details; if not, the reasons for that; whether the authorities have considered adding more potential sites on top of the above two sites to prepare for tackling the problem of solid waste;
| | (b) | in view of the concern of local residents arising from the Government's proposal to extend the landfill in Tseung Kwan O, whether the authorities have planned how to consult the local residents after the site for IWMF has been selected; if so, of the scope and the timetable of consultation; and
| | (c) | given that it has been reported that Tokyo, Taipei and Singapore all dispose more than 50% of their solid waste by incineration, whether the Government will make reference to such ratio and plan to dispose a certain ratio of solid waste by incineration; if it will, of the proposed ratio and the timetable for implementing such a plan?
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Public Officer to reply : Secretary for the Environment
3. Hon James TO to ask: (Translation)
The various investigations into the leveraged foreign exchange transactions of CITIC Pacific Limited ("CITIC") and related affairs have hitherto been conducted for two years. In this connection, will the Government inform this Council:
| (a) | whether it knows how the Listing Division of the Stock Exchange of Hong Kong has followed up its disciplinary investigations on CITIC, since the Securities and Futures Commission ("SFC") completed its investigation and submitted its report to the Department of Justice ("DoJ"), so as to make it clear to the public whether the practice in relation to the disclosure of price-sensitive information in the incident has contravened the Listing Rules;
| | (b) | of the progress of the investigation conducted by the Police, the difficulties encountered, and the estimated time required for completing the investigation; and
| | (c) | given that under the existing mechanism, SFC has to wait for DoJ's legal advice before it can decide whether the case should be referred to the Financial Secretary for considering if the case should further be referred to the Market Misconduct Tribunal for instituting proceedings, and DoJ has to wait for the Police to complete their investigation before it can decide whether criminal prosecution should be instituted and provide legal advice to SFC, whether there are time limits for waiting on the part of DoJ or SFC, and what factors DoJ will take into account when considering whether criminal or civil standards should be adopted for handling individual cases involving market misconduct, so as to respond effectively to activities which may have significant impact on the market?
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Public Officer to reply : Secretary for Financial Services and the Treasury
4. Hon LEUNG Kwok-hung to ask: (Translation)
I have received complaints that the appointment of the incumbent Chief Commissioner ("CC") of the Hong Kong Girl Guides Association ("the Association") is not in compliance with the age limit of the Association, but she could still be appointed by the wife of the Chief Executive in her capacity as the President of the Association. The complaints also allege that after voting against the proposal to confirm the CC election in 2007 at its extraordinary general meeting on 13 October this year, the International Commissioner and the Assistant Chief Commissioner (New Territories Operation) have been subjected to reprisal by the incumbent CC and their service will cease in December this year. There are also complaints that the Association pointed out mistakenly through the media on 15 September this year that the percentage of raffle refund to its units had never been in the region of 50%, and it also issued an open letter to all Unit Guiders and parents in Hong Kong as an attempt to cover up and deny "fattening the top and thinning the bottom" and cut the raffle refund, resulting in insufficient funding for its units. In this connection, will the Government inform this Council:
| (a) | given that it is stipulated in the provisions of the "Constitution" or "Policy, Organization and Rules" of the Association that CC should not be above the age of 65, whether it knows why the incumbent CC could stand in the election and be elected and appointed in 2007 even though she had exceeded the age limit; given that the "Constitution" of the Association was formulated in accordance with the law, whether it has assessed if the Association's continuous appointment of the overage CC constitutes a blatant challenge to and violation of the laws of Hong Kong; whether the Association will terminate the appointment of the CC immediately and make a public apology; and whether the Secretary for Home Affairs will follow up the aforesaid incident of reprisal and step down for having failed to monitor the Association all along;
| | (b) | whether it knows if the Association will make a public apology for pointing out mistakenly that the percentage of raffle refund to its units had never been in the region of 50%, and revert the percentage of raffle refund to 50% immediately; if it will increase the percentage of refund, when it will do so; if not, the reasons for that; and
| | (c) | given that there have been complaints that the Association has all along internally predetermined some celebrities and rich people and even people who will not participate in the patrol assemblies or training each week as CC or Deputy Chief Commissioners ("DCCs"), whether the Association will promote those DCCs who are from the grassroots and participate in the weekly assemblies and possess training experience as CC?
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Public Officer to reply : Secretary for Home Affairs
5. Hon KAM Nai-wai to ask: (Translation)
The Environment Bureau in its public consultation document on "Hong Kong's Climate Change Strategy and Action Agenda" released in September this year and the Chief Executive in his Policy Address delivered on 13 October this year have both proposed that the share of nuclear power in the fuel mix for power generation in Hong Kong be substantially increased from 23% in 2009 to 50% in 2020. In this connection, will the Government inform this Council:
| (a) | whether the authorities had, in the past two years, studied and assessed the risks and the safety hazards that nuclear power generation projects and an increase in the imported nuclear power will pose for Hong Kong; if they had, of the details; if not, the reasons for that; given that it was reported that the Central Government had identified a number of sites in Guangdong Province for developing nuclear power generation projects, and one of the seismic fracture zones in Shenzhen had extended to Hong Kong, whether they know if the mainland authorities have included extension of the seismic zone to Hong Kong as one of the factors for consideration in identifying sites for developing new nuclear power generation projects; if they have, of the details; if not, the reasons for that; of the seismic resistance of the Daya Bay Nuclear Power Station and the selected sites for new nuclear power generation projects at present;
| | (b) | whether the authorities have assessed the impact of the aforesaid increase in imported nuclear power to 50% in 2020 on the overall costs of power generation; if they have, of the details; if not, the reasons for that; whether the authorities have, given the technology currently available, assessed how long the supply of Uranium, which at present is essential for the production of nuclear power, will last; whether they have looked into the cost of imported nuclear power of power companies and its overall impact on electricity tariff; and
| | (c) | whether the authorities have assessed the amount of nuclear wastes that will be produced as a result of the aforesaid increase in the share of nuclear power in the fuel mix for power generation in Hong Kong; whether they need to, in accordance with the prevailing standards for handling radioactive wastes in Hong Kong, formulate a plan for handling the nuclear wastes produced due to the increase in the imported nuclear power, and the costs involved; whether they have made reference to the approaches taken by various places in the world and their experiences in handling nuclear wastes; if they have, of the details; if not, the reasons for that; whether it knows the location for storing the nuclear wastes produced by Daya Bay Nuclear Power Station at present, and the conditions for handling these nuclear wastes in Daya Bay?
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Public Officer to reply : Secretary for the Environment
6. Hon WONG Yuk-man to ask: (Translation)
It was reported that when the League of Social Democrats and more than one hundred members of the public marched to the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region ("the Liaison Office") on 1 October this year to stage a demonstration and shouted slogans such as "without vindicating the 4 June incident, there remain only sorrows of our country" and "without letting the people be their own masters, there be no National Day", etc., demanding that political power be returned to the people and patriotic dissidents such as LIU Xiaobo be released, the Police suppressed their freedom of expression and abused the use of pepper spray on the demonstrators. Moreover, it was also reported that the demonstrators carried a coffin with the words "the people's heroes will remain immortal, the butcher regime will be cursed forever" written on it on the day of the demonstration, the size of the coffin was only one foot by four and a half feet after removal of the supporting bamboo beam, and the Police stopped the demonstrators from carrying the coffin to pass by the Liaison Office on grounds that the coffin was a "bulky item" and "may affect public safety", etc. In this connection, will the Government inform this Council:
| (a) | of the justifications for the Police to state that the aforesaid coffin was a "bulky item" and "may affect public safety"; why the Police still refused to allow the demonstrators to carry the coffin and pass by the Liaison Office after they had removed the bamboo beam which supported the coffin; whether it was because of the slogan of "the people's heroes will remain immortal, the butcher regime will be cursed forever" on the coffin that the Police stopped the demonstrators from carrying the coffin to pass by the Liaison Office;
| | (b) | given that it was reported that after the coffin was forcefully taken away by the Police, the demonstrators had indicated that they would peacefully disperse if they could protest at the front gate of the Liaison Office as planned, but the Police indicated that "the demonstration items have to be put down before the demonstrators can pass by the front gate of the Liaison Office", on which legislation the Police have based in giving the aforesaid direction; whether it has assessed if the actions taken by the Police were contrary to the provisions relating to protection of freedom of expression under the Basic Law and the Hong Kong Bill of Rights Ordinance; if an assessment has been conducted, of the outcome; and
| | (c) | given that it was reported that the Police abused the use of pepper spray on the aforesaid demonstrators right after raising for only one minute a warning notice without content, and had injured one cameraman from a television station, several police officers and demonstrators, of the justifications for the Police to use pepper spray?
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Public Officer to reply : Secretary for Security
*7. Hon LAU Wong-fat to ask: (Translation)
Regarding the annual reports and internal publications published by various government departments, will the Government inform this Council:
| (a) | of the current number of government departments which produce annual reports and internal publications;
| | (b) | of the total number of copies of the aforesaid publications printed last year;
| | (c) | of the total expenditure on producing and distributing the publications in (b); and
| | (d) | on the premise of protecting the environment, whether the Government will set a target date and require that various government departments may only provide electronic copies of annual reports and other publications after that date for interested readers to read them through e-mails and on the Internet?
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Public Officer to reply : The Chief Secretary for Administration
*8. Hon Fred LI to ask: (Translation)
The World Health Organization ("WHO") adopted the International Code of Marketing of Breastmilk Substitutes ("WHO Code") as early as 1981, and recently the Department of Health has indicated that it has set up a multi-disciplinary taskforce to draw up a Hong Kong Code of Marketing of Breastmilk Substitutes ("local code"). In this connection, will the Government inform this Council:
| (a) | of the terms of reference of the aforesaid taskforce;
| | (b) | how the local code to be drawn up will implement the WHO Code in Hong Kong;
| | (c) | given that the WHO Code stipulates that milk powder dealers should not directly or indirectly provide samples of milk products to pregnant women, mothers or members of their families when marketing breast milk substitutes, whether the Government had reminded local hospitals and private medical practitioners in the past five years that they should not promote or provide samples of milk products to these people on behalf of milk powder dealers; if it had, of the details; if not, the reasons for that; and
| | (d) | whether the Government will enforce the local code on a mandatory basis; if not, how the Government will make milk powder dealers comply with the local code on a voluntary basis?
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Public Officer to reply : Secretary for Food and Health
*9. Hon Paul CHAN to ask: (Translation)
Since 1 April this year, the Government has increased the rate of stamp duty on transactions of properties valued at more than $20 million to 4.25%. On 21 April this year, the Financial Secretary also told this Council that the Inland Revenue Department ("IRD") would closely follow up all cases involving speculators profiting from property speculation, and profits tax would be levied on the persons or companies earning profits arising from such transactions. The Financial Secretary also indicated that in 2008-2009, some 4 000 suspected speculation cases required further follow-up action by IRD officers. In this connection, will the Government inform this Council:
| (a) | of the number of the relevant property transactions recorded and the amount of stamp duty collected by the Government since the aforesaid new rate of stamp duty on property transactions was levied six months ago, and how such figures compare with those of the same period last year;
| | (b) | among the some 4 000 aforesaid suspected speculation cases which IRD has followed up, of the numbers of cases substantiated to be speculation cases, cases pending decision and cases proved not involving speculation; in respect of the substantiated speculation cases, of the amount of tax involved, the amount of tax collected, and the number of cases in which tax was not successfully recovered as well as the Government's follow-up actions; and
| | (c) | in cases where the seller is not a Hong Kong resident or a company registered in Hong Kong, whether the Government will consider requiring the lawyer, when processing the transaction for the seller, to withhold a certain percentage of the seller's proceeds until the seller has paid the profits tax or IRD has issued a certificate confirming that the seller does not need to pay tax?
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Public Officer to reply : Secretary for Financial Services and the Treasury
*10. Hon WONG Kwok-kin to ask: (Translation)
Under section 12A of the Mandatory Provident Fund Schemes Ordinance (Cap. 485), an employer may make an application to a trustee of a Mandatory Provident Fund ("MPF") scheme for using the accrued benefits derived from his contributions made for his employees under the MPF scheme to offset severance payments or long service payments. In this connection, will the Government inform this Council:
| (a) | whether it knows since the MPF system came into operation in December 2000:
| | (i) | the annual total number of MPF accounts from which the accrued benefits derived from employers' contributions had been used to offset severance payments or long service payments, the total amount of such payments and their percentages; if it does not have the relevant data, of the reasons for that;
| | (ii) | the total number of MPF accounts from which the accrued benefits derived from employers' contributions had been used to offset severance payments or long service payments more than once, and the largest number of withdrawals made; and
| | (iii) | if there are MPF accounts in which, as a result of the aforesaid accrued benefits being used to offset severance payments or long service payments, the balances of such benefits had become less than 50%, 30% or 10% respectively of their original amounts, or even become as low as zero; if so, of the details; and
| | (b) | whether the authorities will review afresh the aforesaid mechanism, including considering the abolition of the arrangement whereby the accrued benefits derived from employers' contributions can be used for offsetting severance payments or long service payments; if not, how the authorities protect employees from being affected by the aforesaid arrangement upon retirement?
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Public Officer to reply : Secretary for Financial Services and the Treasury
*11. Hon LEE Wing-tat to ask: (Translation)
In his 2010-2011 Policy Address, the Chief Executive announced the implementation of "My Home Purchase Plan" ("MHPP") in the hope of facilitating people who have not bought their own home to reach their wish for home ownership. Regarding the statistics on non-owner occupied households living in private flats ("non-owner occupied households") and other households which may be eligible for applying for MHPP, will the Government inform this Council:
| (a) | of the respective numbers of non-owner occupied households in Hong Kong in the first and second quarters of 2010, with a breakdown by the items in the table below;
| Household size |
Number of non-owner occupied households living in private flats |
(i)
Households with monthly incomes above the Waiting List ("WL") income limits for public rental housing ("PRH") but below $13,500 |
(ii)
Households with monthly incomes above the WL income limits for PRH but below $23,000 |
(iii)
Households with monthly incomes above the WL income limits for PRH but below $27,000 |
(iv)
Households with monthly incomes above the WL income limits for PRH but below $39,000 |
(v)
Households with monthly incomes above the WL income limits for PRH but below "the 25th percentile household monthly income" |
(vi)
Households with monthly incomes above the WL income limits for PRH but below "the median monthly household income" |
(vii)
Households with monthly incomes above the WL income limits for PRH but below "the 75th percentile household monthly income" |
(viii)
Overall (irrespective of income level) |
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| | (b) | of the respective percentages of the numbers of various types of non-owner occupied households in (a)(i) to (vii) in the total numbers of non-owner occupied households of the relevant household sizes in (a)(viii) in the first and second quarters in 2010, with a breakdown by the items in the table below;
| Household size |
Respective percentages of the numbers of the following types of non-owner occupied households ("non-owner occupied households") living in private flats in the total numbers of non-owner occupied households of the relevant household sizes |
| Households with monthly incomes above the WL income limits for PRH but below $13,500 |
Households with monthly incomes above the WL income limits for PRH but below $23,000 |
Households with monthly incomes above the WL income limits for PRH but below $27,000 |
Households with monthly incomes above the WL income limits for PRH but below $39,000 |
Households with monthly incomes above the WL income limits for PRH but below "the 25th percentile of household monthly income" |
Households with monthly incomes above the WL income limits for PRH but below "the median monthly household income" |
Households with monthly incomes above the WL income limits for PRH but below "the 75th percentile of household monthly income" |
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| | (c) | of the 25th percentile, the median and the 75th percentile monthly income of non-owner occupied households in Hong Kong in the first and second quarters in 2010 respectively, with a breakdown by the items in the table below;
| Household size |
Monthly income of non-owner occupied households living in private flats |
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The median |
The 75th percentile |
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| | (d) | of the respective monthly incomes of the 10th percentile of the non-owner occupied households in Hong Kong in the first and second quarters in 2010, and every 10 percentage points thereafter up to the 100th percentile, with a breakdown by the items in the table below; and
| Household size |
Monthly income of non-owner occupied households living in private flats |
| The 10th percentile |
The 20th percentile |
The 30th percentile |
The 40th percentile |
The 50th percentile |
The 60th percentile |
The 70th percentile |
The 80th percentile |
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The 100th percentile |
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| | (e) | given that the authorities have considered initially that the eligibility criteria for MHPP include the income and asset limits for singleton applicants which are $23,000 per month and $300,000 respectively and those for household applicants which are $39,000 per month and $600,000 respectively, of the numbers of eligible households for MHPP estimated by the authorities in the first and second quarters in 2010 respectively?
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Public Officer to reply : Secretary for Transport and Housing
*12. Hon CHEUNG Hok-ming to ask: (Translation)
Some members of the public have relayed to me that at present, when the relevant government departments are carrying out repair works on expressways, the height of the directional signs erected on works vehicles for traffic diversion is only suitable for viewing by motorists at a far distance, while motorists near the signs for traffic diversion can hardly be aware of the signs, and hence can cause confusion easily and pose danger to both motorists and road repair workers. In this connection, will the Government inform this Council:
| (a) | of the numbers of traffic accidents which occurred on expressways in the past three years, the resultant casualties and, among these accidents, the cases that involved road sections undergoing repair works; and
| | (b) | whether it will conduct a review on the height of the said directional signs for traffic diversion, and consider installing additional directional signs of an appropriate height for viewing by motorists from a close distance?
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Public Officer to reply : Secretary for Transport and Housing
*13. Hon Audrey EU to ask: (Translation)
The Law Reform Commission ("LRC") released the Report on Civil Liability for Invasion of Privacy and the Report on Privacy and Media Intrusion in late 2004, recommending that legislation be introduced for the protection of people's civil right of "reasonable expectation of privacy"; the Legislative Council also passed a motion on "introducing legislation to regulate clandestine photo-taking" on 19 October 2006, yet, there are comments that so far there is no improvement to the problem of intrusion of privacy. In mid-June this year, the incident of clandestine photo-taking of a female artiste and her mother at home once again roused public concern about protection of the privacy of public figures. In this connection, will the Government inform this Council:
| (a) | what measures the Government has taken to enhance protection of the privacy of members of the public since the release of the aforesaid LRC reports;
| | (b) | whether there is any plan to protect the reasonable expectation of privacy of members of the public by means of civil law; if so, of the details; if not, the reasons for that; and
| | (c) | whether there is any plan to, by means of civil law, restrict the unwarranted publicity given by any person to the private life of another person; if so, of the details; if not, the reasons for that?
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Public Officer to reply : Secretary for Constitutional and Mainland Affairs
*14. Hon LAU Kong-wah to ask: (Translation)
It has been reported that green buildings have become very prevalent in recent years. Recently, I have also received requests from some residents of the Sha Tin District for greening the rooftops of the Sha Tin Town Hall and the Sha Tin Public Library. They pointed out that greening rooftops could beautify the environment on the one hand and provide more leisure open space on the other. Furthermore, they can help lower the room temperature in the buildings concerned, reduce energy consumption and promote environmental protection. The Government once said that the Architectural Services Department ("ASD") would implement green roof projects for new government buildings as far as practicable since 2001. In this connection, will the Government inform this Council:
| (a) | of the number of green roof projects implemented for government buildings in Hong Kong since 2001; of the number of such projects to be carried out in the next three years;
| | (b) | of the percentage of the number of government buildings for which green roof projects have been implemented in the total number of government buildings in Hong Kong at present; whether ASD will explore the possibility of adding green features to the rooftops of all existing government buildings, so as to benefit more people; and
| | (c) | in order to attenuate the urban heat island effect, whether the authorities will consider including roof greening in the standard construction specifications for new government buildings, in particular cultural and recreational facilities, so as to make an extra effort for the cause of environmental protection?
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Public Officer to reply : Secretary for Development
*15. Hon Mrs Regina IP to ask: (Translation)
The Hong Kong Institute for Monetary Research ("HKIMR") was established in August 1999 by the Hong Kong Monetary Authority ("HKMA") in accordance with the "Policy Objectives" set out in the Chief Executive's 1998 Policy Address, with the objective of conducting research in the fields of monetary policy, banking and finance that are of strategic importance to Hong Kong and the Asian region. HKIMR is funded by grants from the Exchange Fund. In this connection, will the Government inform this Council:
| (a) | how is the work of HKIMR and that of HKMA's own research department different and how is work divided between the two;
| | (b) | of the existing number of full-time and/or part-time staff in HKIMR, and whether these staff members are seconded from HKMA;
| | (c) | of the respective roles played by the Financial Secretary and the Secretary for Financial Services and the Treasury in HKIMR;
| | (d) | of the total number of research reports compiled by HKIMR over the past 11 years, and whether any of these reports had been published in international journals in economics/finance;
| | (e) | of the total number of seminars (including workshops, forums and conferences) organized by HKIMR over the past 11 years; and what insights these seminars had brought to HKMA or the Hong Kong Government in the aspects of monetary policy, development of the banking and finance industry and consolidation of Hong Kong's position as an international financial centre; and
| | (f) | the total amount of funds granted to HKIMR since its establishment and the direction of its future development?
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Public Officer to reply : Secretary for Financial Services and the Treasury
*16. Hon CHAN Hak-kan to ask: (Translation)
The Consumer Council had indicated in its test report on single-use batteries published on 15 October of this year that after testing 18 models of single-use zinc carbon batteries, it found that the contents of mercury and cadmium in some of the models had exceeded the limits set in the European Union directive on environmental protection. The report also pointed out that there was neither regulation on heavy metal content for single-use batteries in Hong Kong, nor was there any recovery system. An organization had relayed to me earlier on that it had planned to launch a battery recovery programme in the districts so as to promote environmental education, but since there was no recycler willing to undertake the recovery of batteries, the programme was eventually shelved. In this connection, will the Government inform this Council:
| (a) | whether it knows the number of single-use batteries discarded in Hong Kong in each of the past five years, and among them, the respective numbers of such batteries discarded at landfills and those being shipped overseas for handling, as well as the percentages of zinc carbon batteries in such batteries; how the authorities ensure that such batteries will not cause pollution to the environment after they are discarded;
| | (b) | whether it has ascertained the reasons for the lack of recyclers undertaking battery recovery in Hong Kong at present, and how the authorities will render assistance to promote the development of the aforesaid recycling industry;
| | (c) | whether at present, discarded batteries, before being shipped overseas for handling, are required to go through the relevant government departments for vetting and approval or to meet international standards; if so, of the details;
| | (d) | whether it will request battery manufacturers to list the heavy metal content of zinc carbon batteries for the reference of consumers, and whether it will study introducing a legislation to regulate the heavy metal content of zinc carbon batteries;
| | (e) | of the current recovery rate of rechargeable batteries recovered by the Environmental Protection Department ("EPD"); whether EPD will consider extending the scope of recovery to cover single-use batteries; and
| | (f) | since EPD had indicated in its Policy Framework for the Management of Municipal Waste (2005-2014) that it had planned to include rechargeable batteries in the producer responsibility schemes and would consider banning the disposal of certain specific products at landfills, whether it will study afresh the aforesaid suggestions; if it will, of the specific timetable for implementation?
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Public Officer to reply : Secretary for the Environment
*17. Dr Hon David LI to ask:
It was reported that in respect of properties valued at HK$12 million or above, mainland buyers accounted for 35% and 20% of the total transaction value in the primary and secondary markets respectively in the first half of 2010. Regarding mainland buyers' activities in the Hong Kong property market, will the Government inform this Council:
| (a) | whether the Government had collected data on mainland buyers' activities in the Hong Kong property market in the past three years;
| | (b) | whether the projections on supply/demand in housing contained in the 2010-2011 Policy Address have incorporated interest of mainland individuals in the local property market; and
| | (c) | whether the Government had conducted any study in the past three years to gauge the impact of the investments of mainland individuals in the local property market; if so, of any conclusion reached?
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Public Officer to reply : Secretary for Transport and Housing
*18. Hon Emily LAU to ask: (Translation)
Under the Employment Ordinance ("EO") (Cap. 57), an employee shall be entitled to certain employee rights and benefits under the Ordinance only if he or she is employed under a continuous contract, i.e. he or she has worked for the same employer continuously for four or more weeks and for 18 hours or more in each week. Besides, the authorities have indicated earlier that a review will be carried out on the provisions concerning continuous contract under EO. In this connection, will the Executive Authorities inform this Council:
| (a) | when they will commence the review on the provisions concerning continuous contract under EO and when the review is expected to complete;
| | (b) | whether they know that many part-time employees and "casual workers" are not afforded protection due to loopholes in the provisions concerning continuous contract under EO; and what counter-measures the authorities have to address such situation;
| | (c) | whether they had collected data in the past three years on employees who were not employed under a continuous contract; if they had, of the percentage of female employees among them; if not, whether they will start collecting such information; and
| | (d) | given that the authorities have advised that regardless of whether employees are employed under a continuous contract, as long as they have sustained work-related injuries, they may obtain work injury compensation, whether the Government had collected data in the past three years on work injury compensation received by employees who were not employed under a continuous contract; if so, of the details?
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Public Officer to reply : Secretary for Labour and Welfare
*19. Hon WONG Ting-kwong to ask: (Translation)
The provisions of the Copyright Ordinance (Cap. 528) concerning the copying and distribution offence came into effect on 16 July this year. A person commits an offence if he, for the purpose of or in the course of any trade or business and on a regular or frequent basis, without the license of the copyright owner, makes for distribution or distributes an infringing copy of a copyright work in a printed form contained in a book (including a comic book), newspaper, magazine or periodical to an extent in excess of the prescribed numeric limits resulting in a financial loss to the copyright owner. In this connection, will the Government inform this Council:
| (a) | of the total number of complaints received by the authorities in relation to breaches of the aforesaid new provisions since they came into effect, and of the total number of follow-up actions taken by the authorities, together with a breakdown by the category of the cases;
| | (b) | what publicity and promotional activities have been carried out by the authorities for the aforesaid new provisions and the resources involved; whether they will step up the publicity efforts in the coming year; if so, of the details; if not, the reasons for that; and
| | (c) | whether the authorities have, in promoting the aforesaid new provisions, ascertained the major issues of concern of the related organizations; if they have, whether they will step up the publicity and education efforts accordingly?
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Public Officer to reply : Secretary for Commerce and Economic Development
*20. Hon Abraham SHEK to ask:
According to the Government's housing-related initiatives in the 2007-2008 Policy Agenda presented to the Legislative Council Panel on Housing, "The Housing Authority ("HA") will step up measures against abuse of public rental housing ("PRH") resources. Suspected abuse cases would be identified at an earlier stage through daily tenancy management and regular home visits. The HA will also step up publicity to promote public awareness of the importance of an effective use of public housing resources". Concerning the abuse of PRH resources, the Housing Department ("HD") has recently announced that five residents of PRH have been convicted by the courts for making false statement knowingly on income or assets. In this connection, will the Government inform this Council:
| (a) | of the staff establishment for fighting abuse of PRH resources in each of the past three years;
| | (b) | of the number of regular home visits performed by HD staff for identifying possible cases of abuse of PRH resources in each of the past three years;
| | (c) | of the number of cases of abuse of PRH resources substantiated by HA in each of the past three years together with details of the cases and the follow-up actions taken (including the number of PRH units recovered, the fine collected, as well as the amount of rent undercharged and recovered);
| | (d) | of the work of HA in promoting public awareness of the importance of the effective use of PRH resources through publicity in the past three years, and whether it had reviewed the effectiveness of such publicity campaigns;
| | (e) | given that under the prevailing Housing Subsidy Policy, households who have been living in PRH for 10 years or more are required to declare household income every two years, whether the Government will review this policy to better reflect the fast-changing social situations, including considering if the existing 10-year period for the first-time declaration and the two-year declaration interval thereafter should be shortened; if it will, of the details; if not, the reasons for that; and
| | (f) | given that the 2010-2011 Policy Address has mentioned that an additional 5 000 random checks on tenants' household income and assets will be conducted, whether HD will recruit additional staff to conduct these random checks; if it will, of the details; if not, how it ensures that the additional workload will not affect the work quality of its staff?
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Public Officer to reply : Secretary for Transport and Housing
* For written reply
III. Bills
First Reading
Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Bill
| Second Reading (Debate to be adjourned)
| | Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Bill | : | Secretary for Financial Services and the Treasury
| Second Reading (Debate to resume), Committee Stage and Third Reading
| | Arbitration Bill | : | The Secretary for Justice
| The Secretary for Justice to move Committee stage amendments
(The amendments were issued on 4 November 2010
under LC Paper No. CB(3) 128/10-11)
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IV. Motions
Proposed resolution under the Interpretation and General Clauses Ordinance
Secretary for Transport and Housing to move the following motion:
Resolved that the Port Control (Public Cargo Working Area) Order 2010, published in the Gazette as Legal Notice No. 98 of 2010 and laid on the table of the Legislative Council on 14 July 2010, be amended as set out in the Schedule.
| (The Schedule was issued on 5 November 2010
under LC Paper No. CB(3) 135/10-11)
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V. Members' Motions
- Proposed resolution under the Interpretation and General Clauses Ordinance
Hon LI Fung-ying to move the following motion:
Resolved that in relation to the -
| (a) | Buildings (Amendment) Ordinance 2008 (Commencement) Notice 2010, published in the Gazette as Legal Notice No. 118 of 2010;
| | (b) | Building (Minor Works) Regulation (Commencement) Notice 2010, published in the Gazette as Legal Notice No. 119 of 2010; and
| | (c) | Building (Administration) (Amendment) Regulation 2009 (Commencement) Notice, published in the Gazette as Legal Notice No. 120 of 2010,
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and laid on the table of the Legislative Council on 13 October 2010, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 1 December 2010.
- Proposed resolution under the Air Pollution Control Ordinance
Hon Audrey EU to move the following motion:
Resolved that in relation to the Second Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences, published in Special Supplement No. 5 to the Gazette on 15 October 2010 and laid on the table of the Legislative Council on 20 October 2010, the period for amending the technical memorandum referred to in section 37B(2) of the Air Pollution Ordinance (Cap. 311) be extended under section 37B(4) of that Ordinance to the meeting of 8 December 2010.
- Helping needy persons acquire their homes
Hon LEE Wing-tat to move the following motion: (Translation)
That, as after the Government has put forward the My Home Purchase Plan, private residential property prices still continue to rise and the Plan is unable to meet society's demand for subsidized home ownership, this Council urges the Government to expeditiously increase the supply of land and public and private housing, resume the Home Ownership Scheme ('HOS'), re-launch the Sale of Flats to Sitting Tenants Scheme, and re-examine the practice of allowing eligible white form applicants to purchase HOS flats without premium paid in the secondary market for HOS flats, with a view to helping needy persons acquire their homes.
| Amendments to the motion
| | (i) | Hon Frederick FUNG to move the following amendment: (Translation)
To delete ", as after the Government" after "That" and substitute with "the housing problem has been plaguing the development of Hong Kong society for years, and after the Chief Executive"; to add "in the Policy Address" after "My Home Purchase Plan"; to delete "and" after "rise" and substitute with ", reflecting that"; to add "let alone solve the housing problem of Hong Kong in the long run; in this connection," after "home ownership,"; to delete "and" after "Sale of Flats to Sitting Tenants Scheme,"; and to add ", and formulate a stable and sustainable long-term housing policy to satisfy the public's genuine housing need, and to build an environment in Hong Kong where people can live and work in contentment" immediately before the full stop.
| | (ii) | Hon WONG Kwok-kin to move the following amendment: (Translation)
To delete ", as after the Government has put forward" after "That" and substitute with "property prices in Hong Kong have cumulatively increased by 47% since the end of 2008, and although the Chief Executive has put forward a number of initiatives and"; to add "in the Policy Address this year" after "My Home Purchase Plan"; to add ", indicating that such initiatives" after "rise"; to delete "is" after "the Plan" and substitute with "are"; to add "; in this connection" after "subsidized home ownership"; to add "consult the public afresh, resume the formulation of Hong Kong's long-term housing strategy and flat production targets, and rebuild an integrated housing ladder; at the same time, the Government should" after "expeditiously"; to delete "," after "private housing" and substitute with "in various districts, shorten eligible applicants' waiting time for public rental housing, and comprehensively review the income and asset limits for public rental housing applications, so as to also provide housing protection for the middle and lower classes with difficulties in acquiring their homes; furthermore, the Government should also immediately"; to delete "and" after "Sale of Flats to Sitting Tenants Scheme,"; and to add ", and, before the completion of the subsidized housing units under HOS and the My Home Purchase Plan, hold discussions with public sector organizations such as the Urban Renewal Authority and the MTR Corporation Limited, etc. on allocating some of their flats for sale or renting to eligible white form HOS applicants and the My Home Purchase Plan participants with conditions, so as to provide immediate assistance for them to" after "needy persons".
| | (iii) | Hon CHAN Kam-lam to move the following amendment: (Translation)
To delete "," after "That" and substitute with "a number of housing initiatives have been put forward in the Policy Address this year, but"; to add "enhance the My Home Purchase Plan, increase the number of units provided under the Plan, and expeditiously supply them in the market; furthermore, the Government must re-formulate the long-term housing strategy," after "this Council urges the Government to"; to add "expedite the development of new towns and the tendering exercises for the above-station property development projects along the West Rail on the premise of adhering to the cap of total floor area concession put forward in the Policy Address and avoiding any wall effect and heat island effect in design," after "Home Ownership Scheme ('HOS'),"; and to add "; at the same time, the Government should expeditiously legislate for the regulation of the sale of first-hand private residential properties and increase the transparency of the sale of such flats, so that needy persons can acquire their homes in a fairer environment" immediately before the full stop.
| | (iv) | Dr Hon Priscilla LEUNG to move the following amendment: (Translation)
To delete ", as after" after "That" and substitute with "Hong Kong people have strong aspirations for home ownership, but as after"; and to delete "resume the Home Ownership Scheme ('HOS'), re-launch the Sale of Flats to Sitting Tenants Scheme, and re-examine the practice of allowing eligible white form applicants to purchase HOS flats without premium paid in the secondary market for HOS flats, with a view to helping needy persons acquire their homes" immediately before the full stop and substitute with "and, at the same time, submit a population policy for the next five, 10 and 20 years, so as to draw up a long-term housing policy for Hong Kong, including expediting the development of new towns, constructing Home Ownership Scheme flats that meet the market needs, and reviewing the public rental housing policy, with a view to enabling needy persons to move into public rental housing units more expeditiously".
| | (v) | Hon Ronny TONG to move the following amendment: (Translation)
To add "the community and various political parties all cast doubt on its effectiveness, and" after "My Home Purchase Plan,"; to add "even" after "the Plan is"; to delete "increase the supply of land and public and private housing" after "expeditiously" and substitute with "put forward a long-term real estate policy, increase the regular supply of land and its transparency, study how to avoid over-relying on real estate developers as the sole housing suppliers"; to add "construct an appropriate number of HOS flats," after "Home Ownership Scheme ('HOS'),"; and to delete "HOS flats without premium paid in the secondary market for HOS flats" after "white form applicants to purchase" and substitute with "affordable homes in the markets of HOS and Sandwich Class Housing Scheme".
| | (vi) | Hon LEUNG Kwok-hung to move the following amendment: (Translation)
To add "; this Council also urges the Government to construct 35 000 public rental housing units each year and raise the income limits for public rental housing applicants, so as to resolve the housing problem of Hong Kong people" immediately before the full stop.
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Public Officer to attend : Secretary for Transport and Housing
- Work Incentive Transport Subsidy Scheme
Dr Hon PAN Pey-chyou to move the following motion: (Translation)
That, in order to relieve the burden of travelling expenses on low-income employees and encourage them to stay in employment, the Chief Executive has put forward the 'Work Incentive Transport Subsidy Scheme' ('WITSS') in the 2010-11 Policy Address for application by all eligible employees in Hong Kong, and the Scheme will replace the 'Transport Support Scheme' ('TSS'); given that the existing TSS still has deficiencies resulting in some low-income workers not being benefitted, this Council urges the Government to adopt the following criteria in formulating the specific details and eligibility requirements for WITSS, so as to enable a greater number of grassroot workers to receive assistance:
| (a) | the ceiling of the total value of applicants' personal assets should be set at a level higher than the $44,000 under the existing TSS;
| | (b) | the ceiling of applicants' monthly income should be set at a level higher than the $6,500 under the existing TSS;
| | (c) | the amount of allowance for eligible persons should be calculated on the basis of 72 hours of work in every four weeks, and people who work less than 72 hours in every four weeks may also receive the allowance pro rata according to the actual number of working hours, with a view to benefiting part-time employees;
| | (d) | no application deadline should be set for the allowance; and
| | (e) | a mechanism should be established for regular reviews and periodic adjustments of the ceiling of the total value of personal assets, the ceiling of monthly income and the amount of allowance prescribed under WITSS.
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| Amendments to the motion
| | (i) | Hon WONG Sing-chi to move the following amendment: (Translation)
To add "travelling expenses are an item of daily expenses borne by the vast number of employees and job-seekers in Hong Kong, and" after "That,"; to delete "and" after "for the allowance;"; and to add "; and (f) the Job Search Allowance provided under the existing TSS should continue to be included in the new WITSS; the eligibility requirements for applicants for the Job Search Allowance will not be tightened, and the ceiling of reimbursement will also not be lowered" immediately before the full stop.
| | (ii) | Hon LI Fung-ying to move the following amendment: (Translation)
To delete "in order to relieve the burden of travelling expenses on low-income employees and encourage them to stay in employment," after "That," and substitute with "as"; to delete "for application by all eligible employees in Hong Kong, and the Scheme will" after "2010-11 Policy Address" and substitute with "to"; to delete "; given that the existing TSS still has deficiencies resulting in some low-income workers not being benefitted" after " 'Transport Support Scheme' ('TSS')"; to add "and the Secretary for Labour and Welfare has stated that the Government will review the effectiveness of WITSS after three years of its implementation," before "this Council urges the Government"; to delete "specific details and" after "in formulating the"; to add "application under" after "eligibility requirements for"; to delete "(a) the ceiling of the total value of applicants' personal assets should be set at a level higher than the $44,000 under the existing TSS; (b) the ceiling of applicants' monthly income should be set at a level higher than the $6,500 under the existing TSS;" after "to receive assistance:"; and substitute with "(a) applicants should not be required to undergo any assets test;"; to delete the original "(c)" and substitute with "(b)"; to delete "the amount of allowance for eligible persons should be calculated on the basis of 72 hours of work" before "in every four weeks" and substitute with "eligible persons should be defined as those employees who earn a monthly salary of $6,500 or less, or those who earn an hourly wage of $31 or less, while those who work for 36 hours or more but less than 72 hours "; to delete ", and people who work less than 72 hours in every four weeks may also receive the allowance pro rata according to the actual number of working hours" before ", with a view" and substitute with "may receive half of the allowance"; to delete "(d) no application deadline should be set for the allowance;" after "benefiting part-time employees;"; to delete the original "(e)" and substitute with "(c)"; and to delete "a mechanism should be established for regular reviews and periodic adjustments of the ceiling of the total value of personal assets, the ceiling of monthly income and the amount of allowance prescribed under WITSS" immediately before the full stop and substitute with "adjustments should be made to WITSS according to the minimum wage adjustment rate".
| | (iii) | Hon IP Kwok-him to move the following amendment: (Translation)
To add "given that the low-income population in Hong Kong continues to increase, and" after "That,"; to delete "and" after "for the allowance;"; and to add "; and (f) the procedures for vetting and approving applications under the new Scheme should be further streamlined, and the vetting and approval process be expedited and the relevant administrative costs reduced" immediately before the full stop.
| | (iv) | Hon Miriam LAU to move the following amendment: (Translation)
To add "as travelling expenses bring about pressure on low-income employees, and " after "That,"; to delete "low-income employees" after "travelling expenses on" and substitute with "them"; to add "and with the continual rise in public transport fare, the burden of low-income persons will inevitably be increased," after "not being benefitted,"; to add "to relax" after "(a)"; to delete "should be set at a level higher than the $44,000 under the existing TSS" after "applicants' personal assets"; to add "to relax" after "(b)"; and to delete "should be set at a level higher than the $6,500 under the existing TSS" after "applicants' monthly income".
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Public Officer to attend : Secretary for Labour and Welfare
Clerk to the Legislative Council
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