Council Meeting (Agenda) 17 November 2010

A 10/11-7

Legislative Council

Agenda

Wednesday 17 November 2010 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Minimum Wage Ordinance (Amendment of Schedule 3) Notice 2010	145/2010
2.	Minimum Wage Ordinance (Commencement) Notice 2010	146/2010
3.	Minimum Wage Ordinance (Commencement) (No. 2) Notice 2010	147/2010
4.	Employment Ordinance (Amendment of Ninth Schedule) Notice 2010	148/2010
5.	Antiquities and Monuments (Declaration of Historical Buildings) Notice 2010	149/2010

Other Papers

1.	No. 29	-	Hong Kong Housing Authority Annual Report 2009/10
(to be presented by the Secretary for Transport and Housing)
2.	No. 30	-	Hong Kong Housing Authority Financial Statements for the year ended 31 March 2010
(to be presented by the Secretary for Transport and Housing)
3.	No. 31	-	Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2010
(to be presented by the President of the Legislative Council)
4.	No. 32	-	Report No. 55 of the Director of Audit on the results of value for money audits - October 2010
(to be presented by the President of the Legislative Council)
5.	No. 33	-	Accounts of the Government for the year ended 31 March 2010
(to be presented by the Secretary for Financial Services and the Treasury)
6.	Report No. 4/10-11 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 Starry LEE to ask: (Translation)

It has been reported that new slimming products are replacing old ones on the market, and various types of slimming products boasting natural ingredients and effectiveness are promoted on quite a number of auction websites, discussion forums and personal blogs on the Internet, and the number of complaints received by the Consumer Council this year concerning sales of pharmaceutical products on the Internet has obviously increased compared with last year's, and all the complaints are related to slimming products sold on auction websites. It has also been reported that in the past six years, at least 73 persons had become ill and were hospitalized after consuming slimming products which claimed to be "all-natural" but were in fact adulterated with western drug ingredients. In tracing and analyzing 66 cases of people hospitalized after taking slimming products during the period from 2004 to last year, the Hospital Authority Toxicology Reference Laboratory had revealed incidents in which one person died, one had to undergo liver transplant because of liver failure, and 16 had suffered from mental disorders due to consumption of slimming products that contained a western drug, sibutramine. In this connection, will the Government inform this Council:

(a)	of the number of complaints received by the Department of Health ("DH") in each of the past three years concerning slimming products and the nature of these complaints, including the numbers of cases which involved products containing undeclared western drug ingredients or chemical substances and Internet sale of unregistered slimming products; how DH had followed up on these complaints, of the numbers of persons arrested, the number of convicted cases and the penalties imposed; how many products claiming to be effective for slimming had been tested by DH in each year during the same period, of the results of such tests and the number of products involving Internet sale;
(b)	whether there is at present legislation regulating exaggerated claims about the effectiveness of slimming products; if so, whether the Government had instituted prosecution pursuant to such legislation in the past three years; if not, whether the Government will review the current situation; and
(c)	given that the Report of the Review Committee on Regulation of Pharmaceutical Products in Hong Kong, submitted by the Government to the Panel on Health Services of this Council in January 2010, has proposed that DH's Pharmaceutical Service should be expanded into a dedicated office on drugs to strengthen DH's regulatory role in enhancing drug safety and in the long run, consideration will be given to expanding the office to become a "Centre for Drug Safety", of the latest progress of this initiative; whether the Government has plans to put regulation of slimming products within the ambit of the future Centre for Drug Safety; if so, of the details?

Public Officer to reply : Secretary for Food and Health

2. Hon Ronny TONG to ask: (Translation)

The Building Management (Amendment) Ordinance ("the Amendment Ordinance") came into operation on 1 August 2007. I have learnt that since its implementation, the number of disputes among owners' corporations ("OCs"), owners and management companies has not been reduced, and there is even an increasing number of complaints lodged by members of the public that District Offices cannot effectively help them resolve their disputes relating to the Building Management Ordinance (Cap. 334). In this connection, will the Government inform this Council:

(a)	of the respective number of cases received by various District Offices each year since the implementation of the Amendment Ordinance from owners and OCs seeking the District Offices' interpretation, intervention or mediation as an intermediary on matters related to the Building Management Ordinance, with a breakdown in table form by their progress or outcome (i.e., cases resolved or settled through mediation, unresolved, withdrawn, outstanding, or in which the parties concerned have taken the cases to court themselves or have lodged complaints with other government departments);
(b)	focusing on the problems arising from the statutory procedure for the replacement of managers, in particular the situation where an OC may not be able to dismiss an unsatisfactory manager over a protracted time because a resolution to terminate the manager's appointment was not passed by owners of not less than 50% of the shares at its meeting, whether the Government will introduce further legislative amendments to the Building Management Ordinance; if it will, when the amendments will be introduced; if not, of the reasons for that; and
(c)	focusing on the fact that OCs cannot be formed for house-type properties due to the interpretation of title, resulting in the rights of owners not being protected collectively, whether the Government will introduce legislative amendments to the Building Management Ordinance to include house-type properties in the Ordinance; if it will, when the amendments will be introduced; if not, of the reasons for that?

Public Officer to reply : Secretary for Home Affairs

3. Hon Audrey EU to ask: (Translation)

It has been learnt that the Guangdong Province is now planning its medium-to-long term development of nuclear power in accordance with the Medium-to-Long Term Development Plan of Nuclear Power (2005-2020) ("the Development Plan") issued by the National Development and Reform Commission, and plans to build more nuclear power stations. Further, the Hong Kong Special Administrative Region ("HKSAR") Government is currently conducting public consultation on a plan to increase imported nuclear energy in order to reduce greenhouse gas emissions. Yet, quite a number of members of the public have relayed to me that they are worried about the safety and risks of nuclear power, and they have criticized that the existing official contingency notification channel between Guangdong and Hong Kong as well as the standing monitoring mechanism lack transparency and public participation. In this connection, will the Government inform this Council:

(a)	since the issuance of the Development Plan, whether the HKSAR Government has ascertained from the Guangdong Province the latest progress of its plan for the medium-to-long term development of nuclear power, including the respective numbers of nuclear power stations and generating units which are under planning, the capacity of such units, as well as the assessment of the risk they pose for the safety of Hong Kong; if so, of the details; if not, the reasons for that;
(b)	whether the authorities had, in the past two years, drawn up plans to enhance the transparency of the official contingency notification channel between the Governments of Guangdong and Hong Kong; if so, of the details; if not, the reasons for that; and
(c)	whether the authorities had, in the past two years, drawn up strategies to make use of the opportunity of increasing imported nuclear energy from the neighbouring places to reinforce public participation in the nuclear power safety monitoring system; if so, of the details; if not, the reasons for that?

Public Officers to reply

Secretary for the Environment
Secretary for Security

4. Hon Mrs Regina IP to ask: (Translation)

To ensure that the post-service employment of former directorate civil servants will not lead to conflict of interests with their previous government service, the Government has put in place stringent arrangements and vetting and approving procedures for post-service employment. For example, the control periods and sanitization periods for civil servants at Directorate Pay Scale Point 4 (or equivalent) are two years and twelve months respectively. However, there have been comments that post-service employment arrangements for senior staff of the Hong Kong Monetary Authority ("HKMA") are much less stringent. For example, a former Deputy Chief Executive and a former Executive Director of HKMA who left employment in May 2005 and January 2006 respectively had taken up senior positions in local banks within the same year, and the former Chief Executive became a non-executive director in three listed companies within a year after his leaving employment in October 2009. There have been comments that HKMA being the central bank, the manager of the Exchange Fund of Hong Kong and an important institution monitoring the banking system of Hong Kong, major conflict of interests will arise if its senior staff members are allowed to join banks or financial institutions shortly after their leaving employment. In this connection, will the Government inform this Council:

(a)	of the post-service employment arrangements for the Chief Executive, Deputy Chief Executives and Executive Directors of HKMA, including the control periods and sanitization periods, as well as the restrictions and vetting and approving mechanism for taking up full-time remunerated work or work of a commercial nature;
(b)	given that it was mentioned in the Annual Report 2009 of HKMA that "HKMA is an integral part of the Hong Kong Government", why the post-service employment arrangements for its senior management staff are less stringent than those for civil servants at Directorate Pay Scale Point 4; and
(c)	whether it has plans to review the existing arrangements and vetting and approving procedures for post-service employment for senior staff of HKMA, so as to strengthen public recognition of the integrity and honesty of its team members, as well as to more effectively prevent conflict of interests?

Public Officer to reply : The Financial Secretary

5. Hon WONG Kwok-hing to ask: (Translation)

In his Policy Address delivered on 13 October 2010, the Chief Executive has mentioned that to meet the increasing demand for healthcare services in Tin Shui Wai, the authorities have decided to build a new hospital in the area, which is expected to be completed in 2016. In this connection, will the Government inform this Council:

(a)	given that the Secretary for Food and Health said last year that Tin Shui Wai Hospital was expected to be completed and to come into operation in 2015, but now the expected completion date will be delayed for one year, of the reasons for that; whether the authorities have corresponding measures to meet residents' needs for public healthcare services during the extended period for completion of the hospital, and to shorten the construction time of the hospital to strive for its completion in 2015;
(b)	when the authorities will make a decision on the site of the hospital; of the details of the hospital's design as well as the facilities and services to be provided, including the number of beds and whether out-patient services for traditional Chinese medicine will be available, etc.; the estimated number of residents the hospital can serve, and whether it can meet the needs of the population in Yuen Long and Tin Shui Wai; and
(c)	whether the authorities will consider recruiting, as far as possible, suitable candidates from the unemployed in the district for the jobs created by the hospital in the future, so as to alleviate the employment problems in the district?

Public Officer to reply : Secretary for Food and Health

6.	For Hon WONG Yung-kan, Hon WONG Ting-kwong to ask: (Translation)

It has been learnt that the Department of Health has set up a taskforce to develop a Code of Marketing of Breastmilk Substitutes ("the Code"). In this connection, will the Government inform this Council:

(a)

whether the Government had conducted any studies in the past three years on the reasons for some mothers in Hong Kong not breastfeeding their babies; if it had, of the outcome; if not, on what basis the Government will formulate the relevant policies for encouraging breastfeeding; of the work progress of the aforesaid taskforce to date; when the trade and the public will be consulted on the content of the Code; and

(b)

whether the Code to be drawn up will regulate all marketing activities relating to breastmilk substitutes in Hong Kong, including marketing of milk powder products through retailers and the Internet; if it will, how the activities will be regulated; if not, of the reasons for that and how the effectiveness of the Code can be ensured?

Public Officer to reply : Secretary for Food and Health

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

At present, the Government allocates the posts of temporary Programme Workers ("PWs") to a number of subvented welfare non-governmental organizations, in order to assist them in their daily operation and service provision. In this connection, will the Government inform this Council:

(a)	since 2008, of the annual amount of funding allocated by the Government to social welfare organizations for employment of PWs, the number of PWs that could be employed with the funding, and the actual number of PWs employed by such organizations;
(b)	of the main duties of PWs; whether it will review afresh if there is a long-term and sustained need to retain such PW posts, and whether it will consider converting such posts to permanent posts; if not, of the reasons for that; and
(c)	given that PWs are employed on contract terms, how their years of service will be calculated, and whether there is avenue for promotion for them at present; if so, of the details?

Public Officer to reply : Secretary for Labour and Welfare

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

I have received complaints from teaching staff members and representatives of staff unions of the Hong Kong Baptist University ("HKBU") quering that there are irregularities in the appointments and dismissals of senior staff by the University and the Council (including the appointment of a Vice-President in 2006 and the dismissal of an Assistant Registrar early this year, etc.), the use of public funds, and in awarding degrees of HKBU to graduates of the United International College ("UIC") which was jointly established by HKBU and the Beijing Normal University. In this connection, will the Government inform this Council, if it knows:

(a)	whether HKBU has an established procedure that selection of senior staff must be considered by a selection committee established by the Council and approved finally by the Council before appointments are made; given that it was reported that HKBU bypassed the selection committee and endorsed the appointment of a Vice-President in 2006, whether such a practice was in line with the established procedure, and why the appointment was not processed by the selection committee when such a committee had already been established; how the University ensures that the procedure of appointing senior staff is fair and just;
(b)	whether the University Grants Committee ("UGC") - funded institutions may appoint, using public funds, remunerated teaching staff from local post-secondary institutions or those in other regions to concurrently serve in full-time, part-time or any form of positions; if not, how UGC deals with those UGC - funded institutions that have made such appointments; if they can, of the criteria of making such appointments, and the UGC - funded institutions that had made such appointments in the past five years, the number of teaching staff involved, payroll expenses and the reasons;
(c)	whether UIC has, since its establishment, used any funding from UGC (including loans provided by HKBU); if it has, of the details including the amount involved, loan items and repayment arrangements, etc.;
(d)	given that it was reported that UIC had appointed the former President of HKBU as its President, which unit or person determined the remuneration of the President of UIC, and the amount of UGC funding involved in the payroll;
(e)	given that under section 23 of the Hong Kong Baptist University Ordinance (Cap. 1126), the award of degrees by HKBU itself under authorization should follow the statutes made under the Ordinance, including establishing a Senate, as well as the Senate vetting and approving the various statutes to regulate matters relating to curriculum and academic matters, etc. whether UIC has followed the relevant statutory procedure of HKBU at present before awarding the degrees of HKBU to graduates of UIC; if it has, of a list of the contents of the relevant procedure according to the scope of work and functions of the Senate under the legislation; if not, why graduates of UIC can be awarded degrees equivalent to those of HKBU when it does not have the statutory self-accrediting status and its accrediting procedure is inconsistent with that of HKBU; and whether UGC allows institutions which are linked with universities having statutory self-accrediting status in Hong Kong to award local degrees without following statutory procedure;
(f)	whether HKBU has an independent monitoring mechanism at present, so as to ensure that there is no role conflict when the University handles complaint and appeal cases lodged by dismissed teaching staff, and the handling procedure is fair and just; and
(g)	the numbers of UGC - funded institutions that had provided monetary compensation with public funds to staff who were dismissed in each of the past five years, together with a breakdown by name of institution and the amount involved?

Public Officer to reply : Secretary for Education

*9. Hon Fred LI to ask: (Translation)

Many members of the transport trade have complained to me that there are serious defects in the braking, exhaust and fuel systems of the existing Euro IV and Euro V public light buses ("PLBs"). These PLBs have to stop frequently for 20 to 45 minutes while travelling to perform a "carbon-burning" process. This affects the working hours of the drivers and the quality of PLB services. Besides, due to frequent mechanical failures of Euro IV PLBs, members of the trade are afraid of buying new ones. As a result, many PLBs which are older than normal PLBs have to be used for extended periods. The repair and maintenance costs of such PLBs are extremely high, and it is also difficult to achieve the Government's emission reduction targets. In this connection, will the Government inform this Council:

(a)	whether it knows the number of Euro commercial vehicles (from Pre-Euro models to Euro V models) in Hong Kong at present, as well as the ages in general, actual ages and service years upon retirement of such vehicles, and provide breakdowns of such figures by vehicle type;
(b)	of the number of old PLBs replaced through the Government's grant scheme and the total amount of grants paid by the Government in the past three years;
(c)	whether it has received complaints from the trade about the aforesaid problems of PLBs; if so, of the number and main contents of the complaints received in the past two years;
(d)	of the number of PLBs which are older than normal PLBs and have to be used for extended periods; whether the authorities have assessed the impact of emissions from such PLBs on the air quality of Hong Kong; if so, of the details; if not, the reasons for that; and the Government's strategies to reduce such air pollution;
(e)	when introducing Euro IV and Euro V PLBs into Hong Kong, whether the Government had conducted the relevant feasibility and technicality studies to ensure that these PLB models were suitable for operation in Hong Kong; if so, of the details; if not, the reasons for that; and
(f)	of the levels of emissions from Euro IV and Euro V PLBs before and during the "carbon-burning" process, and how such levels of emissions compare with the current emission requirements for Euro IV and Euro V vehicles in Hong Kong?

Public Officer to reply : Secretary for the Environment

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

Some members of the transport trade have pointed out that when hiring a driver, vehicle owners in the trade can hardly know, by checking the details on the applicant's driving licence, if he has been disqualified from driving for having incurred 15 points or more within two years because of driving offences; and the employer will not without apparent reason check his driving licence after hiring him. Moreover, if the driver fails to appear in court after incurring 15 points or more, his driving licence will not be seized and he can continue to drive until it expires. There is no way for vehicle owners in the trade to crosscheck such information, according to sections 42(3) and 42(4) of the Road Traffic Ordinance (Cap. 374), yet any person who permits a motor vehicle to be driven by a person who is not the holder of a valid driving licence of the class to which such vehicle belongs commits an offence, vehicle owners in the trade are thus afraid of being charged innocently. In this connection, will the Government inform this Council:

(a)	since the Government amended the Road Traffic (Driving-offence Points) Ordinance (Cap. 375) last year, of the total number of drivers who had incurred 15 points or more but failed to appear in court up to this month; and among them, the number of those who are drivers of commercial vehicles;
(b)	focusing on the problem that drivers can still drive on roads after incurring 15 points or more, what proposals the authorities have to combat such situation, so as to protect the safety of road users; and
(c)	given that at present, vehicle owners have no way of knowing the driving records of a driver (including whether he has committed any driving offence or whether he has incurred almost 15 points) by checking the details on his driving licence, whether the authorities will consider asking the Transport Department to provide channels for vehicle owners to inspect such records or provide a blacklist for their reference, so as to ensure that they will not be charged innocently; if they will, of the plan and the time to implement it; if not, the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

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

Under the Building Management (Third Party Risks Insurance) Regulation (Cap. 344, sub. leg. B), with effect from 1 January next year, all Owners' Corporations ("OCs") are required to procure and keep in force policies of third party risks insurance in relation to the common parts of the buildings and properties of OCs. The minimum insured amount of each policy shall be $10 million per event. In this connection, will the Government inform this Council:

(a)	of the total number of buildings in Hong Kong which have formed OCs at present, and, among them, whether it knows the respective numbers of buildings the OCs of which have and have not procured policies of third party risks insurance, with a breakdown by District Council ("DC") district;
(b)	of the total number of buildings aged 30 years or above in Hong Kong at present, and, among them, the number of those which have formed OCs, the number of those which have not formed OCs and whether it knows the reasons for that, as well as the number of buildings which have deregistered their OCs within the last two years, with a breakdown by DC district;
(c)	of the number of OCs to which the cross-professional working groups ("the working groups") formed by the Government have provided professional advice; and as far as the working groups know, how many of such OCs have not yet procured policies of third party risks insurance to date and whether it knows the reasons for that, what kind of assistance the working groups have provided to these OCs, why such assistance has not been able to facilitate these OCs to procure third party risks insurance successfully, and what further initiatives the working groups are planning to adopt to help these OCs to successfully procure third party risks insurance by 1 January next year;
(d)	whether the working groups are aware if any member of the management committees ("MCs") of OCs which have not yet procured policies of third party risks insurance to date is intending to resign or dissolve the OC, so that he will not breach the law for failing to procure insurance policies after the commencement of the aforesaid Regulation; and
(e)	whether, after 1 January next year, the authorities will immediately institute prosecutions against OCs and their MC members for failing to procure policies of third party risks insurance; if not, what objective criteria they will consider in offering a grace period and of the duration of the grace period?

Public Officer to reply : Secretary for Home Affairs

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

In his 2010-2011 Policy Address, the Chief Executive said that, "we must remain vigilant since there are still many uncertainties in the external economy. We need to guard against greater downside risks in the global economy and increased risks of asset-price bubbles in Asia resulting from the fragile recovery of the US economy and the lingering sovereign debt crisis in Europe The Hong Kong Mortgage Corporation Limited is exploring the establishment of a market-oriented loan guarantee scheme to provide a sustainable platform for obtaining credit". In this connection, will the Government inform this Council:

(a)	given that the Government has anticipated that there are still many uncertainties in the external economy, whether the Government will reconsider extending the application period for the Special Loan Guarantee Scheme ("SpGS") which will expire at the end of this year; if it will, of the details; if not, the reasons for that;
(b)	whether it has assessed if termination of SpGS by the Government as scheduled will affect the capability of small and medium enterprises ("SMEs") and the overall economy of Hong Kong in weathering further deterioration of the external economic situations; if it has, of the details; if not, the reasons for that;
(c)	whether it has assessed if the actual default rate and the fund involved under SpGS to date are at variance with the assumed default rate of 12% and the estimated maximum expenditure exposure of $11.8 billion; if it has, of the details; if not, the reasons for that;
(d)	whether the aforesaid loan guarantee scheme, now being explored by the Hong Kong Mortgage Corporation Limited ("HKMC"), is meant to replace SpGS; if not, whether the Government will introduce other related measures; if so, when the scheme will be launched and, given that there are only 31 working days (excluding Saturdays) left before the application period of SpGS ends, of the reasons for the Government's not announcing the details of the scheme by now; how the Government ensures that there will be a smooth transition between the scheme or other related measures and SpGS when SpGS ends;
(e)	whether the loan guarantee scheme or other measures now being explored by the HKMC will continue with the arrangements under SpGS, including provision to SMEs of a loan guarantee ratio of up to 80%, a maximum loan amount of $12 million for each enterprise, $100 billion guarantee commitment and revolving credit line, etc.; if so, of the details; if not, the reasons for that; and
(f)	how the Government will consult the banking sector and SMEs, and ensure that banks will not tighten their credits and that financing will be easier for SMEs?

Public Officer to reply : Secretary for Commerce and Economic Development

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

According to the Policy Initiatives of the Labour and Welfare Bureau for 2010-2011 presented by the Government to the Legislative Council Panel on Welfare Services, the Government has decided to extend the Neighbourhood Support Child Care Project ("the Project") to all the 18 districts. In this connection, will the Government inform this Council:

(a)	whether the authorities will review the service charges of the Project and the amount of allowance for home-based child carers;
(b)	whether the amount of allowance for home-based child carers will be adjusted to the level of or above the minimum wage after the initial statutory minimum wage rate under the Minimum Wage Ordinance (Cap. 608) has been implemented;
(c)	of the respective numbers of applicants on the waiting lists for the home-based child care service and centre-based care group service provided by each of the operating organizations of the Project; and
(d)	whether the authorities have plans to relax the existing age limits of the service targets of the centre-based groups from children aged 3 to under 6 to include all children aged under 12; and those of home-based child care service from children aged under 6 to include children aged under 12?

Public Officer to reply : Secretary for Labour and Welfare

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

The amended section 28 of the Building Management Ordinance (Cap. 344) and the Building Management (Third Party Risks Insurance) Regulation (Cap. 344, sub. leg. B) will come into operation on 1 January 2011. These provisions require all owners' corporations ("OCs") to procure and keep in force policies of third party risks insurance in relation to the common parts of the buildings and the properties of OCs. Should an OC fail to comply with such requirement, members of the OC's management committee ("MC") shall be held responsible and liable on conviction to a maximum fine of $50,000. In this connection, will the Government inform this Council:

(a)

of the publicity and promotional activities conducted in respect of the aforesaid provisions (including the number of times and the circumstances in which District Offices communicated and made contacts with OCs); whether the authorities have assessed the possible difficulties faced by OCs in complying with the aforesaid requirement; if they have, of the difficulties; whether they have considered and offered any support and assistance; if not, the reasons for that, and whether the authorities have been preoccupied solely with amending the legislation and have not taken into account the actual circumstances and have not provided adequate corresponding measures; and

(b)

given that some owners have pointed out that at present, around 800 private buildings have not been able to procure policies of third party risks insurance due to problems in raising funds or excessively high insurance premium, which may ultimately lead to a substantial number of cases of breaches or even an upsurge of resignation of MC members, whether the authorities have looked into the situation concerned and offered appropriate assistance (including liaising with building owners, assisting in fund-raising and acting as an intermediary in their discussion with insurance companies and banks), so as to increase their opportunities of procuring policies of third party risks insurance; and whether the authorities will consider deferring enforcement of the amendment for one year to allow sufficient time for OCs to procure policies of third party risks insurance?

Public Officer to reply : Secretary for Home Affairs

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

Regarding the assistance provided by the Government for Hong Kong residents detained overseas for being involved in criminal cases, will the Government inform this Council:

(a)	given that Hong Kong resident Mr CHEUNG Tai-on and two other Hong Kong people have been jailed in the Philippines for over a decade for having allegedly involved in a narcotics case and their trial has still not been concluded, what assistance the Government had offered in connection with this case in the past 10 years;
(b)	given that I have learnt that the Philippine authorities intend to conclude the trial of the case in (a) as soon as possible, yet Mr CHEUNG and his legal representative have indicated that they lack support and need assistance, whether the Government will take the initiative to follow up and offer assistance; and
(c)	of the total number of cases received by the Government in the past three years of Hong Kong people being unreasonably detained overseas for having involved in criminal cases and requesting assistance to return to Hong Kong; which government departments or inter-departmental bodies had offered them assistance; and whether an assessment had been made on the actual effectiveness of such assistance; if so, of the results; if not, whether such an assessment can be made as soon as possible?

Public Officer to reply : Secretary for Security

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

After the Secretary for Home Affairs ("SHA") answered a Legislative Council Member's question concerning the operation of the Hong Kong Girl Guides Association ("the Association") on 14 July this year, I have received complaints from parents, elderly persons and kindergarten teachers respectively that the funds allocated for "Happy Bee" teams and "Golden Guides" of the Association are insufficient, and there are not enough promotion opportunities for "Happy Bee" members. In this connection, will the Government inform this Council:

(a)	whether it knows the number of the Association's "Happy Bee" teams and the number of their members at present, as well as the number of male guiders of "Happy Bee" and the number of male commissioners of various grades;
(b)	whether it knows how male members of "Happy Bee" are promoted to "Brownies";
(c)	given that SHA has indicated that "a provision in the Association's constitution provides that one of the aims of the Association is to provide girls and young women with the opportunity for self-training in different areas", whether it has assessed if the recruitment of "Happy Bee" male members has breached the Association's constitution and contradicted the aims of its establishment; if it has, of the results;
(d)	whether it knows if the Association will recruit male members for "Brownies", "Guides", "Rangers", "Golden Guides" and "Guiders", so that male members can be promoted grade by grade; if it will, when it will do so; if not, the reasons for that;
(e)	of the amounts of funds provided by the Government for the "Happy Bee" and "Golden Guide" programmes of the Association in each of the past five years (list in a table);
(f)	whether it knows if the establishment of "Happy Bee" teams and the recruitment of male members by the Association have been authorized and recognized by the World Association of Girl Guides and Girl Scouts ("WAGGGS"); if so, of the date when authorization and recognition were given; if not, the reasons for that; and
(g)	whether it knows if the establishment of "Golden Guide" teams and the recruitment of elderly members by the Association have been authorized and recognized by WAGGGS; if so, of the date when authorization and recognition were given; if not, the reasons for that?

Public Officer to reply : Secretary for Home Affairs

*17. Hon Cyd HO to ask: (Translation)

The authorities announced on 24 September 2002 the introduction of local legislation to implement Article 23 of the Basic Law. Regarding the files and documents relating to the aforesaid local legislation, will the Government inform this Council:

(a)

of the total number of files opened by the authorities for the introduction of the aforesaid local legislation, the total number of pages of documents, and among them, the number of files and documents classified as confidential; the government departments and/or bureaux involved in the preparation of these documents, the number of officers in charge and their respective ranks, and list the various information in the table below;

	Number of files opened and number of pages	Number of new pages added to old files	Government departments and/or bureaux involved	Total number of officers in charge and the number of officers in each rank
1 Jul 1997 to 30 Aug 1998
31 Aug 1998 to 24 Sep 2002
25 Sep 2002 to 1 Jul 2003
2 Jul 2003 to 6 Jul 2003
7 Jul 2003 to 25 Jul 2003
26 Jul 2003 to 5 Sep 2003
6 Sep 2003 to 12 Mar 2005
13 Mar 2005 to 13 Oct 2010
14 Oct 2010 to present

(b)

of the number of files that have been transferred to the Government Records Service ("GRS") for appraisal since the authorities' decision to shelve the legislative proposal on 5 September 2003; among them, of the number of files destroyed upon appraisal, the number of those transferred to GRS for permanent preservation, the number of files and documents that are classified as active and are still being kept by the government departments and/or bureaux concerned;

(c)

among the files and documents that have been transferred to GRS in (b), of the number of those that are classified as confidential, and when they can be made available for public perusal; and

(d)

of the names of the files and documents that are classified as active and are still being kept by the government departments and/or bureaux concerned?

Public Officer to reply : Secretary for Security

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

Following a large number of stalling incidents involving the liquefied petroleum gas ("LPG") taxis and public light buses which happened in Hong Kong earlier this year, the Electrical and Mechanical Services Department ("EMSD") set up the Task Force on the LPG Vehicle Stalling Incident ("the Task Force") to follow up the incidents. The Task Force published its investigation reports ("the report") on 16 March and 1 September this year respectively, identifying several factors and problems which might possibly be the causes of the incidents. They included the quality of LPG, the operation of clearing the residues and water at the bottom of LPG tanks (commonly referred to as "water draining") and the maintenance of vehicles, etc. In this connection, will the Government inform this Council:

(a)	given that it was pointed out in the report that EMSD had sent various LPG samples collected from different LPG terminals and filling stations to independent laboratories in Huizhou and Germany for testing, whether the authorities have studied establishing independent laboratories in Hong Kong so that the relevant tests can be conducted locally; if they have, of the details; if not, the reasons for that;
(b)	whether the authorities will consider introducing penalty for failure to follow the work procedure for terminals when conducting "water draining" operations so as to ensure that the quality of LPG and normal operation of gas piping; if they will, of the details; if not, the reasons for that; and
(c)	regarding a number of recommendations proposed in the report (including EMSD should continue to conduct random LPG sample tests to ensure that the quality of LPG complies with the auto-LPG specification, incorporating information on the key maintenance issues identified in the testing scheme, particularly those procedures which have often been neglected and the use of appropriate tools, into the Code of Practice on the Repair and Maintenance of LPG Vehicle Fuel System ("the Code") being drafted, incorporating key maintenance issues into the syllabus of courses relating to LPG vehicles to be offered by the Vocational Training Council ("VTC") in the future; and the trade should further enhance the maintenance and repair of LPG vehicles, etc.), of the progress of the follow-up actions taken by the authorities and the timetable for implementing the recommendations; when the drafting of the Code is expected to complete; and whether they have discussed respectively with VTC and the trade details of the implementation of the recommendations; if they have, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for the Environment

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

Government figures show that in Hong Kong a huge population of over two million people live in public rental housing ("PRH"), yet quite a number of public housing estates are up to 30 and 40 years old and are facing problems such as dilapidation and ageing population, etc. Since the completion of the Comprehensive Redevelopment Programme ("CRP") under the Hong Kong Housing Authority ("HA"), the authorities no longer put forward a systematic approach for redeveloping public housing. Some residents of Lek Yuen Estate in Sha Tin earlier relayed to me their hope that the estate would be cleared and redeveloped in phases by the authorities because, being the first public housing estate in the area, it has a history of 35 years during which the buildings are subject to wear and tear, the kitchen and toilet in the units are relatively small, living conditions are cramped, and some of the blocks do not have lifts, thus impeding access by the elderly, but the Housing Department ("HD") has refused to clear and redevelop the buildings on grounds that structurally the buildings are in good shape. Moreover, recently there have been reports that the Hong Kong Housing Society ("HS") intends to redevelop Ming Wah Building in Shau Kei Wan, which is under its management. In this connection, will the Government inform this Council:

(a)	of the number of public housing estates under HA and HS which are over 30 years old and over 40 years old respectively, together with a list of their names;
(b)	of the current criteria for vetting and approving redevelopment of public housing estates by the authorities, and the number of PRH units to be redeveloped in the next five years;
(c)	given that after the preliminary structural study of Lek Yuen Estate earlier this year, HD has refused to clear and redevelop the estate on grounds that structurally the buildings are in good shape and with a little maintenance, the buildings' service life can be extended by 15 years, yet when making the decision earlier to redevelop So Uk Estate, the authorities had taken into account that the condition of the buildings can only be maintained for 10-odd years, the maintenance cost is high, and redevelopment is more cost-effective, etc., of the maintenance costs incurred by the authorities at present for the aforesaid 30 to 40 years old public housing estates, and how such costs compare with those of redevelopment;
(d)	of the specific content of the proposal on the Ming Wah Building Redevelopment Project that HS submitted to the Transport and Housing Bureau, and when the Project can commence; and
(e)	given the growing demand for housing in Hong Kong, whether the authorities will consider formulating afresh an overall plan for public housing redevelopment in order to make better use of resources and improve the quality of life of PRH residents, and consider at the same time increasing the number of units in such redevelopment, as well as including elements of mixed housing development such as the addition of elderly housing?

Public Officer to reply : Secretary for Transport and Housing

*20. Dr Hon David LI to ask:

Regarding SkyPier at the Hong Kong International Airport, will the Government inform this Council:

(a)	of the respective responsibilities of the government departments concerned and the Airport Authority regarding policies relating to and the operation of SkyPier;
(b)	whether the Government has conducted any study on the impact of the Hong Kong-Zhuhai-Macao Bridge on the operation of SkyPier ferry services; if so, of the results; and
(c)	whether the Government will consider permitting non-transit passengers, particularly residents in Tung Chung, Tsing Yi and Discovery Bay, to benefit from the SkyPier ferry services; if not, of the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

* For written reply

III. Motions

Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for Financial Services and the Treasury to move the following motion:

Resolved that the Deposit Protection Scheme (Representation on Scheme Membership and Protection of Financial Products under Scheme) (Amendment) Rules 2010, published in the Gazette as Legal Notice No. 131 of 2010 and laid on the table of the Legislative Council on 20 October 2010, be amended as set out in the Schedule.

(The Schedule was issued on 11 November 2010
under LC Paper No. CB(3) 165/10-11)

IV. Members' Motions

Proposed resolution under the Interpretation and General Clauses Ordinance

Hon Tommy CHEUNG to move the following motion:

Resolved that in relation to the Waterworks (Amendment) Regulation 2010, published in the Gazette as Legal Notice No. 129 of 2010, and laid on the table of the Legislative Council on 20 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 8 December 2010.

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. 4/10-11 of the House Committee laid on the Table of the Council on 17 November 2010 in relation to the subsidiary legislation and instrument(s) as listed below:

Item Number	Title of Subsidiary Legislation or Instrument
(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).

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

Reviewing the coverage of the safety net

Hon Miriam LAU to move the following motion: (Translation)

That, as the Government has adopted a conservative fiscal policy for years, surpluses exceeding the expected levels were often recorded in the past; in addition, since the Exchange Fund had recorded a huge profit of $74.1 billion in the third quarter of this year, the accumulated surplus for the first nine months of the year increased by $42 billion, and given the substantial proceeds from land auctions this year, the chance of the Treasury continuing to be 'flooded by cash' has become much greater, yet not only are some grassroots unable to enjoy the fruit of economic development, but they are also unable to benefit from the social security system, resulting in cases of 'falling through the net'; in this connection, this Council proposes that the Administration should identify loopholes in the existing safety net, appropriately extend the safety net to cover more grassroots of different types, and strengthen the support to assist grassroots in climbing up the social ladder and sharing the fruit of economic development, thereby easing class conflicts and promoting social harmony; the relevant measures should include:

(a)	to strengthen the support for the working poor, including removing the stigma attached to the low-income recipients of Comprehensive Social Security Assistance ('CSSA'), lower the threshold of application, and provide such recipients with a 'low-income living supplement', so as to alleviate their conditions of poverty;
(b)	to comprehensively strengthen the in-service training for the middle-aged, increase the number of retraining places, and raise the subsidies for continuing education;
(c)	through promoting the local community economy, developing the six industries with competitive edge and positively supporting the development of social enterprises, to create more jobs suitable for grassroot workers;
(d)	to comprehensively strengthen child care and after-school care services to enable parents of low-income families to work without worries, and proactively cater for the needs of grassroot children, including providing additional subsidies for extracurricular activities;
(e)	to actively assist poor families living in cage homes or cubicle apartments in improving their living environment;
(f)	to strengthen the employment counselling services for young people waiting for employment;
(g)	to further relax the absence limit in respect of Old Age Allowance and CSSA for the elderly, increase the amount of Elderly Healthcare Vouchers to at least $1,000 a year, and provide needy elderly persons with a living supplement, so as to improve the life of the elderly in their twilight years; and
(h)	to expeditiously increase the number of residential care places for the elderly and provide them with elderly care vouchers, so as to enable elderly persons waiting for residential care services to choose those elderly services that suit them.

Amendments to the motion
(i)	Hon LEE Cheuk-yan to move the following amendment: (Translation) To delete "as" after "That," and substitute with "this Council opines that 'rich Government but poor people' is one of the deep-rooted conflicts in Hong Kong, and as"; to add "in the long run, the Government should establish a system of 'Negative Income Tax', so as to benefit a greater number of working-poor households; (b) to set up savings accounts for CSSA recipients with job income, and deposit into such accounts the whole or part of the amounts deducted from their CSSA for reasons of 'assessable income', so that when such recipients get out of the CSSA net due to income improvements or as a result of their accounts having accumulated a prescribed amount, they can have a substantial amount of savings, so as to increase their sense of financial security and reduce their chances of falling back into the CSSA net;" after "conditions of poverty;"; 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 "and" after "twilight years;" and substitute with "(i) to immediately study the establishment of a universal retirement protection system, so as to provide instant benefits to all elderly persons in Hong Kong; and"; and to delete the original "(h)" and substitute with "(j)".
(ii)	Hon WONG Sing-chi to move the following amendment: (Translation) To delete "as" after "That," and substitute with "the disparity between the rich and the poor is serious at present, but"; to delete "$1,000" after "at least" and substitute with "$1,200"; to delete "and" after "twilight years;"; and to add "; (i) to allocate $10 billion for establishing a 'residential care homes development fund' to provide interest-free loans to non-governmental organizations for constructing self-financed residential care homes for the elderly and persons with disabilities; (j) to establish a 'subsidy system for carers of persons with disabilities' to offer a monthly grant of $1,000 to persons who need to look after their family members with disabilities on a long-term basis, so as to relieve their financial needs; (k) to allocate $10 billion for establishing a 'medicines subsidy fund'; (l) to relax the absence limit in respect of Old Age Allowance by allowing elderly persons to return to Hong Kong only once a year for 'reporting', and to study allowing elderly persons to receive Disability Allowance and Old Age Allowance at the same time; (m) to care for the life of elderly persons after retirement, and establish a 'universal retirement protection scheme' with immediate effect so that all people who are aged 60 or above are eligible for receiving an 'old age pension', so as to ensure that the elderly will be able to maintain a reasonable standard of living; and (n) to immediately adjust the CSSA rent allowance to alleviate the financial burden of recipients" immediately before the full stop.
(iii)	Hon IP Wai-ming to move the following amendment: (Translation) To delete "as" after "That," and substitute with "in recent years, the Hong Kong economy has turned unstable due to the inflation caused by the depreciation of the Hong Kong dollar and the appreciation of Renminbi, and the incomes of some grassroots have been decreasing, yet the fiscal reserves of the Government have increased rather than decreased for the reason that"; to add "and" after "fiscal policy for years,"; to add "(b) focusing on the unemployed and poor people, the Government should formulate a poverty line, so as to get a grasp of the poverty situation in Hong Kong, and provide the unemployed with unemployment assistance, with a view to assisting them in coping with their financial difficulties;" after "conditions of poverty;"; to delete the original "(b)" and substitute with "(c)"; to delete the original "(c)" and substitute with "(d)"; to delete "," after "local community economy" and substitute with "and the local cultural economy, while"; to delete "and positively supporting" after "competitive edge" and substitute with ", to also maintain the competitive edge of the four existing major economic pillars, and positively support"; to add "so as" after "social enterprises,"; to delete the original "(d)" and substitute with "(e)"; to delete the original "(e)" and substitute with "(f)"; to add ", and formulate a timetable for completely abolishing cage homes" after "living environment"; to delete the original "(f)" and substitute with "(g)"; to add "and put in place a modern apprenticeship system" after "waiting for employment"; to delete the original "(g)" and substitute with "(h)"; to add "lift and" before "further relax"; to add "respectively" after "CSSA for the elderly"; to delete "and" after "twilight years;"; to delete the original "(h)" and substitute with "(i)"; to delete "and" after "residential care places for the elderly" and substitute with ","; and to add ", and provide allowances to carers of elderly persons in the communities; (j) to expeditiously establish a universal retirement protection system; (k) to increase the amount of Disability Allowance received by indigent persons with disabilities, so that persons with disabilities living in the community can afford appropriate care and assistance; and (l) to expand the coverage of Samaritan Fund, and follow the example of 'Medifund' in Singapore to offer ultimate support to persons who are unable to pay medical charges, so that they can receive timely and necessary treatment" immediately before the full stop.
(iv)	Hon James TO to move the following amendment: (Translation) To delete "as" after "That," and substitute with "the disparity between the rich and the poor is serious at present, but"; to add "to introduce more generous measures for persons living in cage homes, cubicle apartments or en suite units to assist them in securing public rental housing allocation more expeditiously, and" after "(e)"; and to delete "or cubicle apartments" after "cage homes" and substitute with ", cubicle apartments or en suite units".
(v)	Hon TAM Yiu-chung to move the following amendment: (Translation) To delete "as the Government has adopted" after "That," and substitute with "the disparity between the rich and the poor in Hong Kong is serious and this is attributable to the Government's adoption of"; to add "and" after "fiscal policy for years,"; to add "by the SAR Government" after "the expected levels were often recorded"; to delete "proposes" after "this Council" and substitute with "urges"; to add "and the employment training for young people, expand the services provided by the Employees Retraining Board for new arrivals" after "the middle-aged"; to add "(c) to strengthen the assistance for ethnic minorities in securing employment and resolving their livelihood difficulties, including establishing additional community support service centres for ethnic minorities and Chinese learning centres; set up telephone hotlines on labour legislation and rights in ethnic minorities' languages; and review the entry requirement in respect of Chinese language proficiency for civil service posts and employ more ethnic minorities as civil servants;" after "continuing education;"; to delete the original "(c)" and substitute with "(d)"; to delete "developing" after "local community economy," and substitute with "establishing a development fund for the six major industries to develop"; to delete "and" after "competitive edge" and substitute with ","; to add "and proactively attracting Mainland enterprises to expand their business in Hong Kong, so as" after "social enterprises,"; to delete the original "(d)" and substitute with "(e)"; to add "; lower the threshold of applying for full grants under the School Textbook Assistance Scheme, and reduce the interest rates of tertiary student loans" after "extracurricular activities"; to delete the original "(e)" and substitute with "(f)"; to delete the original "(f)" and substitute with "(g)"; to add ", and create more posts suitable for youngsters, so as to lower the youth unemployment rate" after "waiting for employment"; to delete the original "(g)" and substitute with "(h)"; to delete "and" after "twilight years;"; to delete the original "(h)" and substitute with "(i)"; and to add "; (j) to study the introduction of a policy of portable elderly welfare benefits, and provide allowances to elderly persons who return to their hometowns to live, so that those elderly persons intending to spend their twilight years in their hometowns can receive a monthly living supplement; proactively study in conjunction with the relevant Mainland departments the introduction of medical insurance schemes for Hong Kong elderly people living in the Mainland, and consider collaborating with the relevant Mainland organizations to run hospitals or provide out-patient services, so as to serve the Hong Kong people living in the Mainland; (k) to implement a 'mortgage scheme for the elderly' (i.e. 'reverse mortgage'), so as to assist elderly property owners in obtaining money for meeting their living expenses and improving their lives in twilight years; (l) to allocate additional resources for increasing the quota of 'integrated home care services' and upgrade the quality of care workers; establish additional elderly health centres and increase the number of their members; and set up additional elderly community care and outreaching teams to provide specialized assistance to 'elderly persons at risk' and build a community care network for them; (m) to motivate transport operators to offer comprehensive fare concessions to elderly persons and persons with disabilities, and introduce free-travel days for elderly persons permanently; and (n) to improve primary healthcare services, including increasing the quotas of existing public out-patient services, enhancing the appointment service and introducing overnight public out-patient services; ease the problem of excessively long waiting time for specialist services and non-urgent surgical operations; improve psychiatric services and support arrangements; and build additional hospitals and introduce Chinese medicine in-patient services" immediately before the full stop.
(vi)	Hon Ronny TONG to move the following amendment: (Translation) To add "lacks a long-term social welfare policy and" after "the Government"; to delete "in the past" after "the expected levels were often recorded"; to add "very" after "given the"; to delete "and" after "twilight years;"; and to add "; (i) to abolish the system of requiring children to sign a 'declaration of not providing support to parents' (commonly known as a 'bad son statement'), so that elderly persons with financial difficulties who live with their children may also apply for CSSA independently and have support and security in their twilight years; and (j) to reinstate the mode of formulating long-term social welfare planning every five years, so that social welfare services can be effectively delivered to really benefit needy persons" immediately before the full stop.
(vii)	Hon CHEUNG Kwok-che to move the following amendment: (Translation) To add "(b) to establish an emergency unemployment relief fund to provide the unemployed with transitional financial assistance;" after "conditions of poverty;"; 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 "to actively assist" before "poor families" and substitute with "to expedite the construction of public rental housing units to enable"; to delete "in improving their living environment" after "cubicle apartments" and substitute with "to move into public rental housing expeditiously"; to delete the original "(f)" and substitute with "(g)"; to delete the original "(g)" and substitute with "(h)"; to delete "and" after "twilight years;"; to delete the original "(h)" and substitute with "(i)"; and to add "; (j) to establish a chronic disease allowance as a supplement to needy chronic patients for purchasing medicine, medical supplies and auxiliary aids and employing home care workers, etc.; (k) to establish a long-term care allowance to provide assistance for elderly persons and persons with disabilities requiring long-term care in purchasing residential care and day care services, or providing subsidies to their carers; and (l) to establish a universal retirement protection system, so as to ensure that grassroot workers and family workers can have financial support in their twilight years" immediately before the full stop.
(viii)	Hon LEUNG Kwok-hung to move the following amendment: (Translation) To delete "(c) through promoting the local community economy, developing the six industries with competitive edge and positively supporting the development of social enterprises, to create more jobs suitable for grassroot workers; (d)" after "continuing education;" and substitute with "(c)"; to delete the original "(e)" and substitute with "(d)"; to delete "improving their living environment" after "cubicle apartments in" and substitute with "moving into public rental housing, and construct 35 000 public rental housing units every year"; to delete the original "(f)" and substitute with "(e)"; to add ", and establish an unemployment assistance fund" after "waiting for employment"; to delete the original "(g)" and substitute with "(f)"; to delete "increase the amount of Elderly Healthcare Vouchers to at least $1,000 a year, and provide needy elderly persons with a living supplement, so as to improve the life of the elderly in their twilight years; and" after "CSSA for the elderly," and substitute with "raise the rates of CSSA and Old Age Allowance, and establish a universal old age pension;"; to delete the original "(h)" and substitute with "(g)"; and to delete "and provide them with elderly care vouchers, so as to enable elderly persons waiting for residential care services to choose those elderly services that suit them" immediately before the full stop and substitute with ", including increasing the number of places of care-and-attention homes for the elderly (outside the Bought Place Scheme) by 2 500 annually and the number of places of nursing homes (outside the Bought Place Scheme) by 2 000 annually; (h) the Government to cease all outsourcing exercises to avoid contractors' exploitation of their employees, so as to improve the situation of the working poor; (i) the Government to buy back the Link Real Estate Investment Trust to enable small shop operators to carry on their business and residents to buy low-priced goods, with a view to protecting the livelihood of the grassroot; (j) to introduce progressive profit tax and capital gains tax, and increase stamp duty, so as to cover the aforesaid additional expenditure to be incurred by the Government; and (k) to formulate a poverty line and a timetable for combating poverty".
(ix)	Hon CHAN Kin-por to move the following amendment: (Translation) To delete "and" after "twilight years;"; and to add "; and (i) to expeditiously study the establishment of a universal retirement protection system, so as to make up for the inadequacies of the Mandatory Provident Fund Scheme" immediately before the full stop.
(x)	Hon Frederick FUNG to move the following amendment: (Translation) To delete "and" after "twilight years;"; and to add "; and (i) to re-establish the Commission on Poverty to formulate indicators on the population of the poor" immediately before the full stop.

Public Officer to attend : Secretary for Labour and Welfare

Motion for the adjournment of the Council

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

That this Council do now adjourn for the purpose of debating the following issue: ZHAO Lianhai, who founded 'Kidney Stone Babies' to help those Mainland children who are victims of tainted formula milk and their parents to defend their rights, was sentenced to two-and-a-half-years' imprisonment by a Beijing court earlier, causing people both inside and outside the country to express serious concern and question whether the sentence is a contravention of the people's rights enshrined in the Constitution.

Territory-wide participation in building the West Kowloon Cultural District

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

That, as the West Kowloon Cultural District ('WKCD'), which costs $21.6 billion to develop, is a cultural entity belonging to Hong Kong people and should be shared by every member of the public, and not be a sight-seeing spot solely for tourists, the Government should examine the WKCD project from a more macro perspective, including local community economy and employment, support facilities in surrounding areas, easy accessibility as well as art and cultural software, etc.; in this connection, this Council urges the Government to adopt measures on the following fronts:

Local community economy and employment－
(a)	to provide more opportunities for local professionals and workers to participate in the construction works of WKCD, so as to ensure that the Hong Kong economy can really benefit from the development of WKCD;
Support facilities in surrounding areas－
(b)	with low-carbon and low emission as the objectives, to develop WKCD as a project blending artistic and cultural development and green concepts;
(c)	to expeditiously improve the water quality of the Victoria Harbour in the vicinity of WKCD, especially the water quality of the New Yau Ma Tei Typhoon Shelter, so as to upgrade the overall planning profile;
Accessibility－
(d)	to expeditiously implement the construction of a waterfront promenade extending from Kai Tak to Sham Shui Po and cutting through WKCD, making it more convenient for residents to have direct access to WKCD via the waterfront promenade;
(e)	to enhance the external transport facilities for WKCD, and improve the accessibility of the surrounding roads, so as to foster a feeling of alignment with WKCD among the residents of Kowloon district;
Cultural software－
(f)	to attach importance to the development of cultural software, implement a macro art policy, and promote and popularize art education at the levels of tertiary and basic education, so as to avoid WKCD becoming a hardware facility in form; and
(g)	to pay heed to the unique cultural characteristics of ethnic minorities and the local community, so as to enhance and capitalize on Hong Kong's geo-cultural advantage.

Amendments to the motion
(i)	Hon Miriam LAU to move the following amendment: (Translation) To delete "," after "That" and substitute with "in recent years more and more people are concerned about the cultural and artistic development in Hong Kong, and"; to delete "promote and popularize" after "art policy, and" and substitute with "start with the young generations by nurturing their cultural and artistic qualities, so that they may become audience of various cultural and artistic activities in the future; the relevant measures should include promoting and popularizing"; to add "etc.," after "basic education,"; and to add ", thereby upgrading the overall cultural and artistic qualities of the public" after "hardware facility in form".
(ii)	Hon LEE Wing-tat to move the following amendment: (Translation) To delete ", as the West Kowloon Cultural District ('WKCD')" after "That" and substitute with "Stage 2 of the Public Engagement Exercise for the West Kowloon Cultural District ('WKCD') will come to an end on 20 November, and as WKCD"; to delete "software" after "art and cultural" and substitute with "policies"; to add "on the premise of not affecting the fair evaluation and assessment of the three existing plans which have international participation," after "(a)"; to add "(b) to train local administrative talents engaged in culture and arts, and offer scholarships for them to pursue overseas studies in art administration and venue management, so as to meet the demand for administrative talents after the completion of WKCD; (c) to develop local cultural and creative industries and attract private organizations to participate in the development of local culture and arts; (d) by making reference to overseas experience, to explore the allocation of 1% to 3% of the proceeds from land auctions in WKCD for financing the general public, students and non-profit-making cultural and arts operators with financial difficulties to launch activities to promote and develop culture and arts;" after "development of WKCD;"; to delete the original "(b)" and substitute with "(e)"; to delete the original "(c)" and substitute with "(f)"; to delete the original "(d)" and substitute with "(g)"; to delete the original "(e)" and substitute with "(h)"; to delete "software" after "Kowloon district; Cultural" and substitute with "policies"; to delete the original "(f)" and substitute with "(i)"; to delete "implement a macro art policy, and promote and popularize" after "development of cultural software," and substitute with "review the inadequacies of the existing cultural and arts policies and actively make improvements, for example, promoting and popularizing"; to delete ", so as to" after "basic education" and substitute with "to enlarge Hong Kong's art appreciation population, stepping up the studies and implementation of strategies on the management of cultural and arts venues and adopting a proactive policy stance on the development of culture and arts, so as to"; to delete "and" after "hardware facility in form;" and substitute with "(j) to enhance support for young arts workers by providing them with venues and sponsorship funds, including setting up arts studios in WKCD and renting out the studios to arts workers at lower rents, so as to encourage more young people to join the cultural and artistic industries; (k) to open more public space to street performers, so as to enable performing arts to enrich streets in Hong Kong, and relax the existing legislation on street performances, so as to encourage public arts to enter the communities; (l) to establish an independent policy bureau to handle cultural and arts affairs, co-ordinate the policies and resources presently scattered among other government departments, and explore and formulate territory-wide and regional policies as well as development strategies for culture and arts; and"; to delete the original "(g)" and substitute with "(m)"; to delete "so as to" after "local community,"; and to add ", attract arts talents and operators from the Mainland and the Asian region through due planning, so as to enhance Hong Kong's status as an international city and nurture more arts talents" immediately before the full stop.
(iii)	Hon James TO to move the following amendment: (Translation) To delete ", as" after "That"; to add "located in the western part of Kowloon" after "West Kowloon Cultural District ('WKCD')"; to add "and" after "tourists,"; to add "and air" after "improve the water"; to delete ", especially the water quality of the New Yau Ma Tei Typhoon Shelter" after "vicinity of WKCD" and substitute with "and the ageing problems in the surrounding old districts, including environmental hygiene and building safety, etc., as well as encourage the development of relevant cultural and artistic industries in the surrounding old districts, so as to give impetus to old district renewal and industry support, and at the same time improve the water and air quality of the New Yau Ma Tei Typhoon Shelter, including relocating the outlets of flood relief channels far away from the Victoria Harbour, eliminating the odour emitted from the Stonecutters Island Sewage Treatment Works and the West Kowloon Refuse Transfer Station, and improving the problem of illegal connections of flood relief channels in the urban area"; to add "(d) to tie in with the environment in the areas surrounding WKCD and avoid the construction of massive and high-density buildings, so that WKCD can integrate with the neighbouring communities or old districts socially, culturally and economically;" after "overall planning profile;"; to delete the original "(d)" and substitute with "(e)"; to add "routing via To Kwa Wan, Hung Hom, Tsim Sha Tsui, Yau Ma Tei and Tai Kok Tsui," after "construction of a waterfront promenade"; to add ", and at the same time provide facilities such as sitting-out areas and jogging trails to make WKCD 'closer to people's living' and more 'human', so as to enable all Hong Kong people to enjoy this public space" after "via the waterfront promenade"; to delete the original "(e)" and substitute with "(f)"; to add "including exploring the connection with MTR stations in Jordan, Yau Ma Tei and Tsim Sha Tsui by trams, electrified buses or travellators," after "transport facilities for WKCD,"; to delete the original "(f)" and substitute with "(g)"; and to delete the original "(g)" and substitute with "(h)".
(iv)	Hon Alan LEONG to move the following amendment: (Translation) To delete ", as" after "That"; to add "of public money" after "$21.6 billion"; to delete "entity belonging to Hong Kong people and" after "is a cultural" and substitute with "establishment shared by Hong Kong people and it has profound and far-reaching impact on enhancing humanist spirit and quality as well as the development of the quiddity and positioning of local arts and culture, and it"; to add "; in view of this" after "tourists"; to add "step up co-operation with civil society and professional organizations, and" after "the Government should"; to delete "as well as art and cultural software, etc." after "easy accessibility" and substitute with ", art and cultural software, ratio of commercial properties to residential properties and financial arrangements, etc., thereby enriching the art-based quiddity of Hong Kong culture and arts"; to add "Ratio of commercial properties to residential properties－ (a) to respond to the aspirations regarding urban development and design in society and drastically reduce the ratio of commercial properties to residential properties in WKCD, so as to avoid turning it into a project of shopping arcades and luxurious flats, and to provide culture workers with affordable workplaces or living places, so that the project can be more in line with the theme of WKCD;" after "the following fronts:"; to delete the original "(a)" and substitute with "(b)"; to delete "construction works" after "workers to participate in the" and substitute with "software and hardware building"; to delete the original "(b)" and substitute with "(c)"; to add "increase the green space, introduce environmental facilities, and" after "the objectives, to"; 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 "enhance" before "the external" and substitute with "examine afresh"; to delete ", and improve the accessibility of the surrounding roads, so as to foster a feeling of alignment with WKCD among the residents of Kowloon district" after "transport facilities for WKCD" and substitute with "to ensure the accessibility of the surrounding roads after the completion of the Guangzhou-Shenzhen-Hong Kong Express Rail Link, so as to enable Hong Kong people to share the cultural facilities in WKCD through the well-planned transport network"; to delete the original "(f)" and substitute with "(g)"; to delete "and promote and popularize art education at the levels of tertiary and basic education, so as to avoid WKCD becoming a hardware facility in form; and" after "macro art policy," and substitute with "conduct continuous dialogues on arts with the local cultural and arts sector, seek to understand the characteristics of local arts organizations, draw on the collective wisdom, search for a direction for cultural and arts development with international vision for WKCD, and implement such a direction through artistic responsibility, so as to make WKCD a bright spot on the world map of arts; (h) to promote and popularize art education at the levels of tertiary and basic education and cultivate Hong Kong people's artistic qualities, so as to upgrade their humanist qualities and avoid WKCD becoming a hardware facility in form; (i) to strengthen the connection between WKCD and other local cultural rendezvous, so as to avoid WKCD becoming a cultural dark hole;"; to delete the original "(g)" and substitute with "(j)"; and to add "; Financial arrangements－ (k) to prudently use the public money of $21.6 billion, enhance the transparency of financial operation, release expenditure estimates to the public, and formulate a contingency strategy for possible over-spending; and (l) to review the existing pay and fringe benefit arrangements of the WKCD Authority, so as to alleviate the impact of manpower wastage on the development of WKCD" immediately before the full stop.
(v)	Hon Starry LEE to move the following amendment: (Translation) To delete ", as" after "That" and substitute with "culture is a common asset of the public, and"; to add "integration with the culture of surrounding areas, nurturing performing arts talents, and support for local arts and cultural organizations," after "art and cultural software,"; to add "(d) to plan afresh the neighbouring areas, enhance the cultural features of the respective districts, and establish a regional network of cultural facilities with WKCD as the centre, so as to build an environment blending new and old cultures;" after "overall planning profile;"; to delete the original "(d)" and substitute with "(e)"; to delete "waterfront promenade extending from Kai Tak to" after "construction of a" and substitute with " 'new waterfront promenade in Kowloon' linking up Lei Yue Mun, Kai Tak, To Kwa Wan, Hung Hom, Tsim Sha Tsui and"; to add ", and forming a 'Victoria Harbour waterfront corridor' with the 'new Central harbourfront', so as to promote the development of tourism and local community economy and provide the public with a beautiful place for leisure activities and rest" after "via the waterfront promenade"; to delete the original "(e)" and substitute with "(f)"; to delete the original "(f)" and substitute with "(g)"; to delete "and" after "hardware facility in form;"; to delete the original "(g)" and substitute with "(h)"; and to add "; (i) within the commercial facilities in WKCD, to reserve space for and invite some operators of unique businesses which have been affected by redevelopment to move in, so as to carry on the Hong Kong culture; (j) to explore the formulation of legislation on museums to deal with the lack of mechanism for monitoring the composition and operation of museums in Hong Kong at present, and to make up for the deficiencies of existing laws on heritage conservation, so as to assist the long-term development of museums and heritage conservation in Hong Kong; (k) apart from the Xiqu Centre in WKCD, to also give full expression to the fine essence of the Chinese culture in regard to exhibition venues and performance projects, so as to step up the promotion of the Chinese culture; Support for local arts and cultural organizations－ (l) to make flexible use of the resources in the areas surrounding WKCD to provide more performance venues for local organizations, including offering incentives to encourage schools to open their venues for use by organizations, optimizing the use of vacant school premises, opening some parks and waterfront promenades on a periodic basis, and expediting the construction of community halls; and (m) to establish resource centres on culture and traditions to display the origins and characteristics of local historic buildings and festivals for the purpose of education, promotion and passing on traditions, thereby nurturing arts professionals for WKCD and cultivating the cultural qualities of the public, as well as building the basis of territory-wide participation in WKCD" immediately before the full stop.
(vi)	Prof Hon Patrick LAU to move the following amendment: (Translation) To delete ";" after "development of WKCD" and substitute with ", and through the building of WKCD, to inject fresh impetus into the creative industries by capitalizing on Hong Kong's unique cultural characteristics, so as to facilitate the development of a creative economy; (b) to require that open architecture and design competitions of varying scales must be organized for all major construction works within WKCD, be they large, medium or small in scale, and ensure that both award-winning architects and other design professionals have opportunities to participate in the construction process to implement the designs of their works; (c) to invite members of the public who have expressed their views on WKCD to give their responses again for reference by the WKCD Authority, and the Authority should expeditiously finalize the overall design blueprint;"; to add "(d) to immediately commence the construction of infrastructural facilities in WKCD and the support facilities in surrounding areas;" after "Support facilities in surrounding areas－"; to delete the original "(b)" and substitute with "(e)"; to add "to formulate legislation or design guidelines on the building of a healthy and refreshing community, and" before "with low carbon"; to delete the original "(c)" and substitute with "(f)"; to delete the original "(d)" and substitute with "(g)"; to delete the original "(e)" and substitute with "(h)"; to delete the original "(f)" and substitute with "(i)"; and to delete the original "(g)" and substitute with "(j)".
(vii)	Hon Cyd HO to move the following amendment: (Translation) To delete "and" after "hardware facility in form;"; and to add "; and Joint administration with the people－ (h) to establish a 'Metropolitan Cultural Think-tank' with the tripartite collaboration among the Government, the business sector and the public to foster co-operation and partnership with the relevant policy bureaux, government departments, public sector organizations, various district councils and the cultural and arts sector, and hold public consultation meetings on the governance and operation of WKCD at least once a year" immediately before the full stop.

Public Officer to attend : Secretary for Home Affairs

Clerk to the Legislative Council

Legislative Council

Agenda Wednesday 17 November 2010 at 11:00 am

Agenda

Wednesday 17 November 2010 at 11:00 am