A 10/11-11

Legislative Council

Agenda

Wednesday 15 December 2010 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Public Health and Municipal Services (Designation of Public Swimming Pools) Order 2010162/2010
2.Public Health and Municipal Services Ordinance (Amendment of Fourteenth Schedule) Order 2010163/2010
3.Public Health and Municipal Services (Setting Aside Places for Use as Public Pleasure Grounds) Order 2010164/2010
4.Public Health and Municipal Services Ordinance (Amendment of Fourth Schedule) (No. 2) Order 2010165/2010
5.Hong Kong Science and Technology Parks Corporation Ordinance (Amendment of Schedule 1) Notice 2010166/2010
6.Buildings Energy Efficiency Ordinance (Commencement) Notice 2010167/2010
7.Business Registration (Amendment) Ordinance 2010 (Commencement) Notice168/2010
8.Companies (Amendment) Ordinance 2010 (Commencement) (No. 2) Notice 2010169/2010
9.Genetically Modified Organisms (Control of Release) Ordinance (Commencement) Notice170/2010
10.Genetically Modified Organisms (Documentation for Import and Export) Regulation (Commencement) Notice171/2010

Other Papers

1. No. 40-Secretary for Home Affairs Incorporated
Audited financial statements together with the Director of Audit's Report for the year ended 31 March 2010
(to be presented by the Secretary for Home Affairs)

2.No. 41-Sir Edward Youde Memorial Fund
Signed and audited financial statements together with the Auditor's Report and the Report of the Board of Trustees for the period 1 April 2009 to 31 March 2010
(to be presented by the Secretary for Home Affairs)

3.No. 42-Social Work Training Fund
Forty-nineth Annual Report by the Trustee for the year ending on 31 March 2010
(to be presented by the Secretary for Labour and Welfare)

4.No. 43-Hong Kong Tourism Board Annual Report 2009/10
(to be presented by the Secretary for Commerce and Economic Development)

5.No. 44-Annual Report of the Equal Opportunities Commission 2009/10
(to be presented by the Secretary for Constitutional and Mainland Affairs)

6.No. 45-Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 2009-2010
(to be presented by the Secretary for Labour and Welfare)

7.No. 46-Report by the Controller, Government Flying Service on the Administration of the Government Flying Service Welfare Fund for the year ended 31 March 2010 and the audited financial statements together with the Director of Audit's report
(to be presented by the Secretary for Security)

8.No. 47-The Accounts of the Lotteries Fund 2009-10
(to be presented by the Secretary for Financial Services and the Treasury)

9.No. 48-The Board of Governors of the Prince Philip Dental Hospital Annual Report 2009/10
(to be presented by the Secretary for Food and Health)

10.No. 49-Police Welfare Fund Annual Report 2009/2010
(to be presented by the Secretary for Security)

11.No. 50-Annual Report on the Police Children's Education Trust and the Police Education and Welfare Trust 2009/2010
(to be presented by the Secretary for Security)

12.No. 51-The Sir Murray MacLehose Trust Fund
Signed and audited financial statements together with the Auditor's Report and Trustee's Report for the year 1 April 2009 to 31 March 2010
(to be presented by the Secretary for Home Affairs)

13.No. 52-General Chinese Charities Fund
Signed and audited financial statements together with the Auditor's Report and the Report on the Administration of the Fund for the year ended 31 March 2010
(to be presented by the Secretary for Home Affairs)

14.No. 53-Chinese Temples Fund
Signed and audited financial statements together with the Auditor's Report and the Report on the Administration of the Fund for the year ended 31 March 2010
(to be presented by the Secretary for Home Affairs)

15.No. 54-Grantham Scholarships Fund
Signed and audited financial statements together with the Auditor's Report and the Report by the Grantham Scholarships Fund Committee on the Administration of the Fund for the year ended 31 August 2010
(to be presented by the Secretary for Home Affairs)

16.No. 55-Brewin Trust Fund
Audited financial statements together with the Auditor's Report and the Report by the Brewin Trust Fund Committee on the Administration of the Fund for the year ended 30 June 2010
(to be presented by the Secretary for Home Affairs)

17.Report No. 8/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Miriam LAU, Chairman of the House Committee)

18.Report of the Bills Committee on Matrimonial Proceedings and Property (Amendment) Bill 2010
(to be presented by Dr Hon Margaret NG, Chairman of the Bills Committee)

II. Questions

1. Dr Hon Priscilla LEUNG to ask: (Translation)

Recently a local organization in Kowloon West, in collaboration with an academic institute, conducted water quality tests in the New Yau Ma Tei Typhoon Shelter ("NYMTTS") in the vicinity of the portal of the Western Harbour Crossing. The findings revealed that the levels of both dissolved oxygen and Escherichia Coli ("E. coli") in the marine water sampled from NYMTTS did not comply with the statutory limits set out in the Statement of Water Quality Objectives (Western Buffer Water Control Zone), a subsidiary legislation under the Water Pollution Control Ordinance, with the E. coli count exceeding the limit by as much as 180 times. Yet, in reply to a question raised by a Member of this Council on 20 October this year, the Environment Bureau advised that "the monitoring results over the past three years (2007-2009) show a continuous improvement in marine water quality. The compliance rate of marine water quality for 2009 exceeds 90%, comparing favourably with the 2008 figure. The Environmental Protection Department ('EPD') has not received any complaint about odour from the marine water". In this connection, will the Government inform this Council:
    (a)whether NYMTTS falls within the areas where the marine water quality is subject to monthly monitoring by the marine monitoring station set up off the coast of West Kowloon by EPD; if so, of the data on dissolved oxygen and E. coli in the marine water obtained from NYMTTS in the past three years, as well as whether the data complied with the statutory limits;

    (b)whether at present the authorities remove sludge from NYMTTS on a regular basis; if so, the frequency of such removal work, whether the authorities have assessed the effectiveness of the work; and, in addition to the recently completed Feasibility Study of the Review of West Kowloon and Tsuen Wan Sewerage Master Plans, whether the authorities will conduct other studies to explore new ways to further alleviate the problem of water pollution in NYMTTS; and

    (c)whether the authorities have assessed if the environmental pollution problem affecting the areas around NYMTTS will in the long run have an impact on the image and operation of the future West Kowloon Cultural District; if the assessment outcome is in the affirmative, whether the authorities will consider expediting the plan to relocate the New Yau Ma Tei Public Cargo Working Area adjacent to NYMTTS, and of the details of the relocation schedule; if it has not conducted an assessment, whether it will do so?
Public Officer to reply : Secretary for the Environment

2. Hon Albert CHAN to ask: (Translation)

In recent years, I have received complaints from members of the public about errors in tax assessments of the Inland Revenue Department ("IRD"), resulting in these complainants' being charged huge amounts of tax. In one of the cases, a member of the public declared in the tax return the total amount of income to be $86,868. However, IRD had mistaken it as $8,686,800 and demanded that person to pay $2.6 million of tax. The complainants also said that members of the public affected by IRD's incorrect tax assessments had to negotiate with IRD for months before it would correct the assessments. Those affected had mentally suffered immense nuisance in negotiating with IRD, and some of them even incurred financial losses, but IRD refused to pay compensation for its incorrect tax assessments. In this connection, will the Government inform this Council:
    (a)in each of the past three years, of the number of cases involving incorrect tax assessments due to IRD's errors;

    (b)among the cases in (a), of the greatest discrepancy in the amount of assessable income or tax payable between the correct and incorrect tax assessments; and

    (c)whether the Government will consider making compensation to members of the public who have suffered mentally or financially as a result of incorrect tax assessments due to IRD's errors; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

3. Hon Andrew CHENG to ask: (Translation)

The Hong Kong SAR Government earlier set up a booth in the waiting area of Hall 3 of AsiaWorld-Expo, where the Animated Version of the Riverside Scene at Qingming Festival was exhibited. A conspicuous heading of "Support Hong Kong Athletes with Your Smiles" appeared on the backdrop of the booth, and members of the public might express support for Hong Kong athletes by taking photographs of their own smiling faces, and the photographs were printed for them free of charge. Yet, a line that read: "Support Hong Kong's Bid to Host the 2023 Asian Games" was added to the printout. I have received complaints from some members of the public that they were totally unaware of the line "Support Hong Kong's Bid to Host the 2023 Asian Games" before taking the photographs. In this connection, will the Government inform this Council:
    (a)of the total number of photographs collected during the aforesaid activity, and whether these photographs will be used as proof of public support for bidding to host the Asian Games;

    (b)whether it has reviewed if the addition of the line "Support Hong Kong's Bid to Host the 2023 Asian Games" to the aforesaid photographs had misled the public into thinking that supporting Hong Kong athletes was the same as supporting the bid to host the Asian Games; and

    (c)focusing on the aforesaid complaints from the public, how the Government ensures that genuine consultation which is fair, just, transparent and impartial will be conducted when obtaining public views in the future?
Public Officer to reply : Secretary for Home Affairs

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

Some members of the social welfare sector have pointed out that due to chronic shortage of paramedical staff such as nurses, occupational therapists and physiotherapists, etc. in the social welfare sector, social service agencies providing elderly and rehabilitation services, etc. are unable to recruit enough paramedical staff. In this connection, will the Government inform this Council:
    (a)regarding the two-year full-time Enrolled Nurses Training Programme for the social welfare sector jointly organized by the Social Welfare Department ("SWD") and the Hospital Authority, of the number of graduates in each year since the first batch of students graduated in 2008, and among these graduates, whether it knows the respective numbers of those who are still serving in social welfare organizations ("SWOs"); how the authorities ensure that this training programme can effectively alleviate the shortage of nurses in the social welfare sector;

    (b)whether it knows, in each of the past five years, the respective numbers of registered nurses, enrolled nurses, occupational therapists, physiotherapists, speech therapists and clinical psychologists who joined SWOs, those who resigned from SWOs, as well as those who left the social welfare sector (set out in table form); whether the authorities have assessed the shortages in such paramedics in the social welfare sector; if they have, of the assessment results (set out in table form the manpower shortage by each of these professions for SWD and non-governmental SWOs); if not, how the authorities ensure that the long-term manpower planning for the social welfare sector can appropriately meet the needs if such data are unavailable; and

    (c)given that in its Review Report on the Lump Sum Grant Subvention System released in December 2008, the Lump Sum Grant Independent Review Committee has proposed that SWD should "provide additional resources for three years to welfare NGOs (non-governmental organizations) which need to employ paramedical staff or hire their services, so that they may offer more competitive salaries to recruit and retain these staff members", of the progress and details of implementation of this proposal by the authorities; and whether the Government will increase funding for SWOs for employing paramedical staff as well as continue with such measure upon expiry of the three-year period?
Public Officer to reply : Secretary for Labour and Welfare

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

Some residents of Kap Lung Tsuen have lodged claims for compensation with the Government on grounds that the works relating to the construction of the Hong Kong section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL works") will disturb the fung shui of the village. To ensure that the works can commence smoothly and to take into account the concerns of the residents, the Government is considering the requests in question. Regarding the handling of claims for compensation which the residents claim to be related to fung shui ("fung shui claims"), will the Government inform this Council:
    (a)of the respective details of the alleged impact and requests of each fung shui claim received by the authorities in respect of XRL works; whether the authorities have assessed the alleged impact; if they have, of the results of their assessment; if not, the reasons for that; which claims the authorities have, in principle, agreed to follow up, of the reasons for that and the related timetable for public consultation;

    (b)of the total number of fung shui claims received by the authorities since 2007, broken down by the type of compensation (i.e. allowance for removal of graves, Tun Fu allowance, construction or refurbishment of village office, construction or repair of Pai Lau or pagoda, construction or repair of temple, worship place or ancestors' grave, construction or refurbishment of rain shelter, construction or widening of road facility as well as landscaping works and others); and among them, of the number of claims that had been approved, the total amount of money involved and, if fung shui masters had been appointed, the amount of consultation fees involved; which government departments were responsible for making the payments; the number of claims that had been rejected and the reasons for rejection; the number of claims that are being processed and the types of compensation involved; and

    (c)whether any criteria and guidelines are in place for the authorities to consider fung shui claims lodged by residents, e.g. whether they will take into account the relationship between the adverse impact brought about by the public works and the claim (including appointing fung shui masters to verify the claim), whether the relevant allowances and the costs for the works involved in the provision of or improvement to community facilities will be capped, as well as whether land resumption will be involved in undertaking the compensatory works; if there are no criteria and guidelines, whether the authorities will examine the establishment of a system for vetting and approving such claims; if there are criteria and guidelines, whether there are any guidelines to prevent the claimants from having conflict of interest; whether it is necessary to conduct open tenders for the compensatory works; whether claimants are restricted from bidding for the works, and whether there will be a public consultation process; if there will be such a process, of the details, and whether there are guidelines to prevent the residents concerned from swindling money in the name of fung shui?
Public Officers to reply: Secretary for Development
Secretary for Transport and Housing

6. Hon Paul TSE to ask: (Translation)

It has been reported that only 10% of the attendees at the Hong Kong Wine and Dine Festival ("the Event") organized by the Hong Kong Tourism Board ("HKTB") in October this year were visitors. In this connection, will the Government inform this Council:
    (a)whether it knows the respective expenses on promoting the Event through advertising in the media in and outside Hong Kong; the reasons why the Event had attracted the participation of visitors equivalent to only 10% of its attendance; how the number and percentage of visitors compare with those of last year;

    (b)whether it knows if HKTB, as the organization to promote tourism activities of Hong Kong, had cooperated with registered travel agents in Hong Kong to promote the Event; if it had, of the specific details of the cooperation and expenditure involved; if not, the reasons for that; and

    (c)given that most attendees of the Event are Hong Kong citizens while the number of visitors was small, and that the Hong Kong International Wine and Spirits Fair organized by the Hong Kong Trade Development Council ("TDC") in November this year successfully attracted a large number of overseas and local exhibitors and customers, whether the Government has studied if it is more suitable and cost-effective for the Home Affairs Bureau or TDC to organize or co-organize the Event; if it has, of the progress of the study; if not, whether it will conduct such a study as soon as possible?
Public Officer to reply : Secretary for Commerce and Economic Development

*7. Hon Alan LEONG to ask: (Translation)

Recently, I have received complaints from residents of Ting On Street in Ngau Tau Kok about the hygiene conditions in that district. They alleged that the hygiene conditions of the restaurants in the vicinity of Ting On Street were not satisfactory, and they were worried that cockroach and rodent infestation would affect the residents' daily lives. Regarding the hygiene problems in the community, will the Government inform this Council:
    (a)whether the authorities will establish a mechanism to regularly publicize the list of hygiene blackspots and set specific targets for cleaning up hygiene blackspots within specified time; if they will, of the details; if not, the reasons for that;

    (b)given that the hygiene conditions of some hygiene blackspots quickly deteriorate quite easily after being cleaned up, whether the authorities will conduct follow-up surveillance after cleaning up the hygiene blackspots so as to prevent hygiene problems from recurring and affect the residents' daily lives; if not, of the reasons for that; and

    (c)focusing on the environment in the vicinity of Ting On Street, what measures the authorities will take to tackle hygiene problems in the community?
Public Officer to reply : Secretary for Food and Health

*8. Dr Hon Margaret NG to ask: (Translation)

Earlier, a newspaper published an interview with a girl from a fishing family, pointing out that the girl's six-member family earns a living by fishing, and she has been involved in the fishing industry along with her family since she was small, and she plans to make fishing her life-long career. The article also says that the girl's aspiration of leading a simple life may be dashed very soon because this year's Policy Address has announced a voluntary trawler buyout scheme and proposed to ban trawling in Hong Kong waters through legislation. Regarding the Government's proposal of banning trawling in Hong Kong waters through legislation, will the Government inform this Council:
    (a)how the Government will implement the relevant policies or measures proposed in the Report of the Committee on Sustainable Fisheries ("the Report") released in March 2010 for assisting the affected fishermen so that they can choose to remain in the fishing industry;

    (b)whether the Government will consider adopting a natural phasing out policy, i.e. allowing the existing owners of fishing vessels to continue their operations until they voluntarily give up the operations or die; if it will not, of the reasons for that; and

    (c)given that, while one of the proposals in the Report is the Government to assist the affected fishermen in switching to the aquaculture industry, the Report has also indicated that the annual production of both marine fish culture and pond fish culture in Hong Kong has been dropping persistently and shrinking significantly for more than a decade, whether the Government has assessed if the affected fishermen can earn a living if they switch to the aquaculture industry; of the land and resources that the Government will reserve for assisting the affected fishermen in switching to the aquaculture industry?
Public Officer to reply : Secretary for Food and Health

*9. Hon IP Kwok-him to ask: (Translation)

The Urban Renewal Authority ("URA") publicly proposed "an alternative implementation concept for conserving Wing Lee Street" ("the alternative implementation concept") on 16 March this year for reference by the Town Planning Board ("TPB"). At its meeting on 19 March this year, TPB rejected URA's application in relation to the Master Layout Plan for the Staunton Street/Wing Lee Street Development Scheme submitted earlier by URA, but it agreed that preservation of all the tenement buildings at Wing Lee Street as proposed in the alternative implementation concept was the right direction. It has been nine months since URA announced the alternative implementation concept, but TPB has not yet decided on the way forward for Wing Lee Street, and the affected residents have not yet received any compensation or rehousing offers from URA. In this connection, will the Government inform this Council:
    (a)whether it knows the progress to date of the alternative implementation concept proposed by URA, and whether the Government and URA still intend to achieve "complete preservation" of Wing Lee Street;

    (b)given that the Chairman of URA announced to the media in September this year a series of special measures for assisting the tenants and property owners of Wing Lee Street, whether it knows the timetable for launching these special measures, and whether URA will continue to offer voluntary acquisition to the property owners at Wing Lee Street; and

    (c)whether it knows when TPB will consider and decide on the planning for Wing Lee Street; whether TPB will re-consider the planning for the other two development sites under the Staunton Street/Wing Lee Street Development Scheme, apart from Wing Lee Street?
Public Officer to reply : Secretary for Development

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

In the second stage consultation document on healthcare reform, the authorities pointed out that according to their projection, the implementation of the Health Protection Scheme ("HPS") might require an increase of around 9% to 30% in capacity for private healthcare services over the next 10 years, and possibly up to 50% by 2036, and that the implementation of HPS and expansion of private healthcare capacity would require additional healthcare manpower. Regarding the supply and training of doctors, will the Government inform this Council:
    (a)of the number of medical graduates in each of the years from 2000 to 2009, and the forecast number of medical graduates in each of the coming years from 2011 to 2015;

    (b)whether the authorities have carried out manpower planning for the annual demand for doctors in the public and private sectors as well as the entire healthcare system, having regard to the population size and demographic changes in the past 10 years, the number of non-local people using the local healthcare services and the policy on developing the medical services industry; if so, of the methodology of such planning, and the projected annual demand for doctors from 2000 to 2009; if not, the reasons for that;

    (c)of the number of doctors and the turnover figures of doctors in the public healthcare system in each of the years from 2000 to 2009, together with a breakdown by their length of service; and

    (d)whether it has projected if additional doctors are required over the next 10 years in light of the increase in the capacity for healthcare services arising from the implementation of HPS; if additional doctors are required, of the respective numbers of additional general practitioners and specialists required; given that it takes more than 10 years to train a specialist, of the specific measures that the authorities have put in place to increase the supply of doctors (especially in the next few years), and the respective numbers of new doctors expected to be brought into the local healthcare system by each measure?
Public Officer to reply : Secretary for Food and Health

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

Pursuant to section 36B of the Pharmacy and Poisons Regulations (Cap. 138 sub. leg. A) ("the Regulations"), for the purpose of conducting a clinical trial on human beings or a medicinal test on animals, application shall be made in writing to the committee under the Pharmacy and Poisons Board ("the Board"). It has been reported that the Hospital Authority ("HA") is currently conducting a clinical trial on the use of Avastin beyond its licensed indication ("off-label use"), but it has not applied for or obtained a certificate from the Board in accordance with the Regulations. In this connection, will the Government inform this Council:
    (a)whether it knows for how long the clinical trial on the off-label use of Avastin has been conducted, and the total number of patients who have undergone the trial;

    (b)whether it knows the reasons why HA has conducted the aforesaid clinical trial before obtaining the certificate issued by the Board;

    (c)how the authorities will deal with the situation where a clinical trial is found to have been conducted without applying for or before obtaining a certificate as required by the Regulations; whether the authorities will immediately prohibit such a trial from continuing; if they will not, of the reasons for that;

    (d)whether under the existing mechanism patients can clearly know if the certificate for the clinical trial concerned has been obtained before giving consent to undergoing the clinical trial; if they can, of the details of such mechanism; if not, the reasons for the authorities not establishing such a mechanism, and whether the authorities have conducted any assessment on how the safety of patients can be safeguarded; and

    (e)of the penalty for any organization which has been found to have breached section 36B of the Regulations; where the clinical trial of a pharmaceutical product which is conducted without obtaining the required certificate has caused serious side effects in the body of the participating patient, whether the patient concerned will be entitled to compensation; if yes, who will be responsible for paying the compensation?
Public Officer to reply : Secretary for Food and Health

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

An earthquake with a magnitude of 2.8 on the Richter Scale occurred on 19 November this year in Deep Bay of Shenzhen, which is adjacent to Hong Kong, and members of the public in many districts of Hong Kong could feel the tremor. Some members of the public have relayed to me that this earthquake, the epicentre of which was right next to Hong Kong, has not only reminded us that the impact of earthquakes on Hong Kong should not be taken lightly, but has also revealed that the awareness of different government departments and the community towards precautionary and safety measures for earthquakes is poor. In this connection, will the Government inform this Council:
    (a)whether the authorities have studied and assessed the situation and risk of the epicentres of the felt earthquakes recorded in Hong Kong being closer to Hong Kong, as well as the possibility of such earthquakes occurring;

    (b)when an earthquake or even an intense earthquake occurs in Hong Kong, apart from the dissemination of relevant information by the Hong Kong Observatory, what early warning and contingency measures other government departments will take; whether the authorities have a comprehensive classification and contingency plan to minimize the casualties and losses caused by unexpected earthquake hazards; if so, of the details; if not, the reasons for that;

    (c)whether the authorities will review the existing practice and contingency plan in response to earthquakes, including the setting up of an earthquake emergency response centre so that various government departments can effectively handle different emergency situations triggered off by an earthquake; if so, of the timetable for conducting such a review; and

    (d)given that there have been comments that after the earthquake, not only had the government departments on the Mainland released accurate information, but the mainland schools had also, upon the release of the news, evacuated students to school playgrounds in an orderly manner, showing that the Mainland is well-prepared and has already adopted various safety measures for earthquakes, yet in Hong Kong, apart from the Observatory releasing wrong information, schools in Hong Kong did not conduct earthquake drills, and there was no territory-wide precautionary contingency measures for earthquakes, whether the Government will step up extensive and in-depth publicity and education efforts for the public on the prevention of various earthquake hazards; if it will, of the details, whether earthquake drills and emergency rehearsals will be carried out in organizations and schools in Hong Kong so as to enhance the awareness and ability of the public in coping with earthquake hazards, so that they will not be at a loss when earthquakes occur; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

*13. Hon Paul CHAN to ask: (Translation)

In mid-September this year, the Financial Services and the Treasury Bureau submitted the progress report in respect of the motion on "Enhancing the administration of tax policy in Hong Kong" passed by this Council. It was stated in the report that there was a designated unit in the Treasury Branch of the Bureau responsible for reviewing and formulating tax policies. Also, the Secretary for Financial Services and the Treasury ("the Secretary") indicated in the briefing session on the Policy Address this year that there was no need to set up a tax policy unit at present. Concerning the proposal of relaxing section 39E of the Inland Revenue Ordinance (Cap. 112) ("section 39E"), the Government invited the Joint Liaison Committee on Taxation ("JLCT") to conduct a study. However, on 24 November this year, the Secretary indicated that he had decided not to accept JLCT's proposal on section 39E because such proposal was not in line with Hong Kong's established taxation principles of "territorial source" and "tax symmetry", and JLCT had not proposed effective measures to plug possible tax avoidance loopholes. In this connection, will the Government inform this Council:
    (a)whether the authorities have examined the operation and effectiveness of units set up by other jurisdictions which are similar to the tax policy unit after the aforesaid motion was passed by the Legislative Council; if so, of the details, and the reasons why Hong Kong has not followed their practice; if not, whether they will conduct such a study; if they will not, the justifications for that; and

    (b)after receiving JLCT's proposal on section 39E in June this year, of the detailed process of handling the proposal by the policy bureaux and government departments concerned, including:

    (i)which policy bureaux and government departments were involved, and listing out the dates on which the proposal was handled, the actions taken and the contents of the views raised by them;

    (ii)how independent the policy bureaux and government departments in (b)(i) in handling such proposal are, and whether there is any situation of role conflict; if so, of the details and ways for improvement; if not, whether the Inland Revenue Department was involved and the reasons why there was no role conflict; and

    (iii)in handling the aforesaid proposal, whether the authorities have considered from a macro policy point of view the unfairness caused by the existing section 39E to the business sector in Hong Kong, and that the tax regime should facilitate and support the transformation of the Hong Kong economy, etc.; if they have, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

In March this year, the Government introduced the Shared Care Programme ("the Programme") through the Hospital Authority ("HA"). The Programme is piloted in Shatin and Tai Po to subsidize eligible patients with diabetes mellitus and hypertension to receive care from private doctors, with a maximum subsidy of $1,400 per patient per year. In this connection, will the Government inform this Council:
    (a)of the number of patients participating in the New Territories East Cluster of HA since the Programme was implemented; whether the authorities have looked into and compiled statistics on the extra consultation and medical fees private doctors charged the patients after deduction of the aforesaid subsidy; if they have, of the details; if not, the reasons for that; of the number of patients who had been successfully referred by the authorities to private doctors to receive care; whether it knows if there is any change in the average waiting time for patients of specialist out-patient clinics of public hospitals after implementation of the Programme; if there is, of the details;

    (b)as I have learnt that the Programme offers subsidies as an incentive to attract participation of patients with economic capability, but the grassroots who lack financial means have refrained from participating as the subsidy is not sufficient to cover the fees charged by private doctors, whether the authorities have considered if patients who lack financial means are given the same right to choose in a fair manner; whether subsidizing patients with economic capability to receive care from private healthcare institutions is the future policy direction of the authorities;

    (c)whether the authorities will consider expanding the Programme for all patients to participate and increasing the subsidy under the Programme to attract participation of more doctors and patients; and

    (d)given that HA has indicated that the Programme will soon be introduced in its Hong Kong East Clusters, whether the authorities have reviewed the effectiveness of the Programme before deciding on the expansion; if they have, of the outcome of the review; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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

In order to attract capital from overseas and fortify Hong Kong's position as Asia's asset management centre and a global financial centre, the Hong Kong SAR abolished estate duty in February 2006, and the Government estimated at the time that about $1.5 billion tax revenue per annum would be foregone as a result. In addition, in order to promote the wine trade and develop local catering industry, tourism as well as the wholesale and retail alcoholic beverage trade, the Hong Kong SAR abolished the duty on wine and that on liquor with an alcoholic strength of not more than 30% in February 2008, and the Government estimated at the time that the revenue foregone would amount to about $560 million per annum. In this connection, will the Executive Authorities inform this Council:
    (a)whether the forecasts of the Government in those years on the reduction in tax revenue are accurate; whether it knows the growth in Gross Domestic Product (in both percentage and dollar terms) as a result of the abolition of the two aforesaid duties, as well as the economic and other benefits it brought every year;

    (b)whether it knows if Hong Kong's asset management business has grown since the abolition of estate duty, the number of jobs created by the business and other benefits it has brought to the SAR; and

    (c)whether it knows the number of jobs created in the catering industry, tourism as well as the wholesale and retail alcoholic beverage trade as a result of the abolition of the duty on wine and that on liquor with an alcoholic strength of not more than 30%, and other benefits it has brought?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

The Standing Committee on Medical and Dental Facilities for Civil Servants ("the Committee") introduced a Voluntary Medical Insurance Scheme for Civil Servants ("the Scheme") in 1996 which serves as a supplement to the existing civil service medical and dental benefits for civil servants and their eligible dependants. Since October 2002, the Scheme has been extended to non-civil servants employed by the Government and their dependants. In this connection, will the Government inform this Council:
    (a)in each year since the introduction of the Scheme, of the respective numbers of civil servants and their eligible dependants as well as non-civil servants employed by the Government and their eligible dependants participating in the Scheme;

    (b)since the introduction of the Scheme, whether the authorities have received any complaint about the insurance policies offered by the carriers of the Scheme from the participating staff members; if they have, of the number of complaints received each year; and

    (c)given that at present a total of eight companies are engaged as carriers of the Scheme, and the eligibility of the carriers will be reviewed by the Committee annually, of the criteria adopted by the Committee in considering whether the eligibility of a particular carrier will be continued, as well as its criteria for considering if a particular company will be included as a carrier of the Scheme?
Public Officer to reply : Secretary for the Civil Service

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

Regarding the conversion of private residential units for other uses, will the Government inform this Council:
    (a)whether it knows the number of old-type private residential units which have been converted by their owners for uses different from those specified in their occupation permits ("OP") (e.g. converting their residential units into small shops), which are in breach of the terms and conditions of OPs and even the land use conditions in government leases;

    (b)whether the authorities had received complaints and enquiries about the aforesaid situation in the past five years; if they had, of the respective numbers of such complaints and enquiries received in each year, together with a breakdown by District Council ("DC") district;

    (c)whether the authorities had uncovered the aforesaid situations during inspections in the past five years; if they had, of the number of such cases uncovered in each year, together with a breakdown by DC district;

    (d)how the authorities follow up and handle such cases when they are aware that private residential units have been used for purposes in breach of the prescribed uses in OPs or government leases; and

    (e)regarding cases in breach of the prescribed uses in OPs or government leases, whether the authorities had made orders in writing in the past five years according to section 25(2) of the Buildings Ordinance (Cap. 123) to prohibit or discontinue such situations; if they had, of the number of orders in writing made in each year, together with a breakdown by DC district; if not, of the factors considered by the authorities in deciding not to make such orders in writing?
Public Officer to reply : Secretary for Development

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

I have recently received a complaint from the owners of Lai Bo Garden in Sham Shui Po, pointing out that Lai Bo Garden was completed in 1991 and the Cheong Wah Street Refuse Collection Point on the ground floor of Lai Bo Garden is one of the Government facilities attached to the housing estate when it was built by the developer, and according to the Deed of Mutual Covenant, the refuse collection point is owned by the Financial Secretary Incorporated (which is represented by the Government Property Agency) and the Food and Environmental Hygiene Department is responsible for its day-to-day management. The owners have also pointed out that the public refuse collection point is poorly managed, resulting in the estate's appalling conditions and causing long-term nuisance to the residents. Further, the drains and manholes are often blocked by food waste from the refuse collection point and need to be repaired, but the authorities' share of the management and repair expenses is exceedingly small. In connection with the arrangement of attaching obnoxious community facilities to private residential developments, will the Government inform this Council:
    (a)of the current number of private residential developments in Hong Kong with obnoxious community facilities attached; of the number and contents of the complaints about such facilities received by the authorities in the past five years, and how the authorities had followed up these complaints;

    (b)in respect of the aforesaid concern of the residents of Lai Bo Garden, whether the authorities have any improvement measures to alleviate the refuse collection point's adverse impact on the residents and environmental hygiene; if they have, whether the authorities have assessed the effectiveness of such improvement measures; in addition to respecting the spirit of contract, whether the authorities can be reasonable and sympathetic and consider sharing the required expenses (including the additional costs for clearing the blockage in drains and manholes), based on the management and maintenance needs arising from the operation of the refuse collection point; if they will not, of the reasons for that;

    (c)as the refuse collection point is already 20 years old and its design outdated, and the completion of a number of new buildings in the district will aggravate the burden on the refuse collection point, whether the authorities will consider finding other sites for building a new refuse collection point to mitigate the current impact of the refuse collection point on the residents; if they will not, of the reasons for that; and

    (d)whether the authorities will conduct an overall review of the practice of attaching obnoxious community facilities to private residential developments; whether the authorities will, in balancing the needs of the community and the impact on residents, relocate the current obnoxious community facilities within the areas of residential buildings to non-residential developments as far as possible, so as to minimize the impact of these facilities on the community?
Public Officer to reply : Secretary for Development

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

It has been reported that in recent years, quite a number of infrastructural projects have expeditiously been launched, and various kinds of construction works projects have also commenced along with the gradual recovery of the economy, rendering construction companies unable to cope with these projects. Some District Councils ("DCs") members have pointed out that this year, quite a number of construction companies are uninterested in making petty profits and they refuse to bid for district minor works under DCs, causing postponement and even suspension of such projects. In this connection, will the Government inform this Council:
    (a)of the respective numbers of district minor works projects under DCs in Hong Kong which have been postponed in the past five years because no construction company had bid for them or contractors had quoted excessively high project costs; the number of projects suspended as a result; and how long such projects have been postponed on average;

    (b)of the current number of projects which have been granted funding but have not yet commenced because tenders have not been invited for them; the major reasons for that; the districts in which such projects are located; and the number of projects which are awaiting allocation of funding have been postponed consequentially; and

    (c)whether the authorities will introduce measures to expedite the launching of district minor works under DCs, e.g. lowering the qualifications of contractors bidding for such works, so that more small and medium construction companies can take part in such tenders?
Public Officer to reply : Secretary for Home Affairs

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

To enable land development to facilitate the strengthening of Hong Kong's competitiveness and enhancement of economic and social benefits, the Government has in recent years consciously improved the relevant work processes and enhanced efficiency, including setting up the Development Opportunities Office ("DOO") in April 2009, to facilitate the implementation of land development projects that are conducive to the development of Hong Kong. The development of housing is also closely related to land development. Regarding measures to promote the land and housing development in Hong Kong, will the Government inform this Council:
    (a)as at the end of October this year, of the total number of projects for which co-ordinated service has been provided by DOO, and among them, the respective numbers of community projects proposed by non-governmental organizations and private-sector development projects, the number of projects which sought assistance but was not given assistance, together with a breakdown of the title, address, purpose, investment amounts and progress of these projects;

    (b)given that DOO is now half way into the three-year operation period planned by the authorities, whether the authorities have conducted any review on its performance; if so, of the details; if not, the reasons for that; and

    (c)given that land and housing policies are at present handled separately by two policy bureaux, whether the authorities will let one bureau be solely responsible for these two policies, so as to co-ordinate and collaborate development needs in land and housing; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

* For written reply

III. Bills

First Reading

1.Chief Executive Election (Amendment) Bill 2010

2.Legislative Council (Amendment) Bill 2010

Second Reading (Debates to be adjourned)

1.Chief Executive Election (Amendment) Bill 2010:Secretary for Constitutional and Mainland Affairs

2.Legislative Council (Amendment) Bill 2010:Secretary for Constitutional and Mainland Affairs

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

Matrimonial Proceedings and Property (Amendment) Bill 2010: The Secretary for Justice

The Secretary for Justice to move Committee stage amendments
(The amendments were issued on 2 December 2010
under LC Paper No. CB(3) 270/10-11)

IV. Members' Motions
  1. Report of the Select Committee

    Hon LI Fung-ying to move the following motion: (Translation)

    That this Council endorses the Report of the Select Committee to Inquire into Matters Relating to the Post-service Work of Mr LEUNG Chin-man.

    Amendments to the motion
    (i)Hon CHEUNG Man-kwong to move the following amendment: (Translation)

    To add ", as the LEUNG Chin-man incident has aroused public concern," after "That"; and to add ", and demands that the Chief Executive follow up the Report's criticisms against the relevant government officials and the Secretary for the Civil Service by taking disciplinary actions, assume responsibility for the grave errors committed by the various government departments in the LEUNG Chin-man incident, and review the disciplinary mechanism under the accountability system for principal officials, so as to allay public resentment" immediately before the full stop.

    (ii)Hon Audrey EU to move the following amendment: (Translation)

    To add ", as the LEUNG Chin-man incident has aroused strong public concern," after "That"; and to add ", and urges the Chief Executive to take punitive action against Mr LEUNG Chin-man, and the relevant organizations to investigate the incident and take follow-up actions" immediately before the full stop.

    (iii)Hon Albert CHAN to move the following amendment: (Translation)

    To add ", and expresses strong condemnation at LEUNG Chin-man's dishonest acts, such as his attempt to play down his role and participation in the Hunghom Peninsula case in the course of giving evidence to the Select Committee; this Council deeply regrets that when making the application to the Civil Service Bureau for employment with New World China Land Limited, LEUNG Chin-man gave the evasive answer of 'a family friend' to hide the fact that the job offer had come directly from the top management of New World Development Company Limited ('NWDCL'); this Council also requests the Independent Commission Against Corruption to conduct a fresh investigation into LEUNG Chin-man's employment with NWDCL; moreover, given that in the incident of LEUNG Chin-man's employment with NWDCL, the Secretary for the Civil Service made a grave error of judgment, there was an obvious gap between her assessment and the views of the public, and she also failed to grasp public sentiments and understand public expectations and concerns, failed to discharge her role as the final gatekeeper of the Control Regime, failed to give precedence to the protection of the public interest and failed to uphold the approval criteria of the Control Regime, resulting in the Government's credibility being damaged; and that in handling the incident of LEUNG Chin-man's employment with NWDCL, the Secretary for the Civil Service and various senior officials had problems such as collective memory loss, which is unacceptable, this Council demands that the Secretary for the Civil Service assume political responsibility, take the blame and resign" immediately before the full stop.

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

    To add ", and urges the Chief Executive to review the control measures governing the post-service work of the officials under the accountability system on the basis of the Report's recommendations on the control measures regarding the post-service work of civil servants" immediately before the full stop.

    Public Officer to attend : The Chief Secretary for Administration

  2. Seizing the opportunity presented by the Cross-Straits Economic Co-operation Framework Agreement and actively participating in the development of the Economic Zone on the West Coast of the Taiwan Strait

    Hon CHAN Kam-lam to move the following motion: (Translation)

    That the Cross-Straits Economic Co-operation Framework Agreement has come into force, and the Twelfth Five-Year Plan of the Central Authorities have clearly stated the need to fully fulfil the function of early and pilot implementation of the Economic Zone on the West Coast of the Taiwan Strait ('the West Coast Economic Zone') in promoting cross-strait exchanges and co-operation, cross-strait economic relations will enter a new stage of development with a rapid rise of the West Coast Economic Zone, which will create profound and far-reaching impact on Hong Kong's economy; in this connection, this Council urges the Government to seize the opportunity through active participation and catch the 'West Coast Economic Zone express', so as to expand the scale of Hong Kong's services industries; the relevant measures should include:

    (a)to expeditiously formulate Hong Kong's regional development policy, and include the West Coast Economic Zone as a sub-core area of Hong Kong-Mainland economic co-operation, with a view to fostering closer co-operation between Hong Kong and the West Coast Economic Zone;

    (b)to set up a joint-conference mechanism for Hong Kong-Fujian co-operation, and establish a government office in the West Coast Economic Zone, so as to upgrade the level of co-operation between Hong Kong and the West Coast Economic Zone;

    (c)to strive for the inclusion of Fujian Province as an 'early and pilot implementation zone' under the Mainland and Hong Kong Closer Economic Partnership Arrangement, so as to intensify Hong Kong's co-operation with the West Coast Economic Zone;

    (d)to make strenuous efforts in building a 'Taiwan Strait tourism circle' comprising Fujian, Hong Kong, Macao and Taiwan;

    (e)to proactively take part in the development of Pingtan Island, and establish a Hong Kong services park on the island; and

    (f)to enhance the economic co-operation between Hong Kong and Taiwan, and include the development of the West Coast Economic Zone as part of Hong Kong-Taiwan economic co-operation.

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

    To add ", as" after "That"; to delete "and" after "island;"; and to add "; and (g) to step up Hong Kong's investment promotion activities in the West Coast Economic Zone and offer concessionary initiatives to induce the enterprises there, such as those engaged in testing and certification, environmental industries and innovation and technology, to establish their bases in Hong Kong, with a view to promoting the development of Hong Kong's six industries with competitive edge and increasing employment opportunities for local workers" immediately before the full stop.

    Public Officers to attend:Secretary for Constitutional and Mainland Affairs
    Secretary for Commerce and Economic Development
Clerk to the Legislative Council