A 10/11-12

Legislative Council

Agenda

Wednesday 5 January 2011 at 11:00 am

I. Tabling of Papers
Subsidiary Legislation / InstrumentsL.N. No.
1.Employees Retraining Ordinance (Amendment of Schedule 2) (No. 4) Notice 2010173/2010
2.Statutes of The Chinese University of Hong Kong (Amendment) Statutes 2010174/2010
3.Matrimonial Proceedings and Property (Amendment) Ordinance 2010 (Commencement) Notice175/2010
4.Mutual Legal Assistance in Criminal Matters (Ireland) Order (Commencement) Notice176/2010

Other Paper

Report No. 9/10-11 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 CHAN Hak-kan to ask: (Translation)

Some green groups have predicted that along with Hong Kong's economic recovery, coupled with the introduction of many new models of electrical and electronic equipment by manufacturers in recent years, including smart phones, tablet personal computers and high-definition television sets, which attract quite a number of consumers to purchase such equipment and dispose of equipment of old models, the amount of electronic waste in Hong Kong will increase. On the other hand, the Ministry of Environmental Protection announced that the Regulation on Disposal of Waste Electrical and Electronic Equipment would come into operation with effect from 1 January 2011, which expressly stipulates that import of waste electrical and electronic equipment ("WEEE") forbidden to be imported to the State is not allowed. In this connection, will the Government inform this Council:
    (a)of the respective quantities of WEEE generated, disposed of and recycled in Hong Kong in the past three years; among such waste, the quantity of recycled equipment exported to the Mainland and other major regions; as well as the equipment and raw materials involved;

    (b)whether it has assessed if the implementation of the aforesaid Regulation by the State will reduce the avenues to export recycle WEEE from Hong Kong and increase the quantity of such equipment being disposed of in landfills; if the assessment outcome is in the affirmative, of the specific details, as well as the options to address the problem; and

    (c)as it has been more than half a year since the authorities completed public consultation on the producer responsibility scheme for WEEE, when the authorities will formally commence work on the introduction of the legislation concerned and introduce it into the Legislative Council for scrutiny, with a view to reducing the generation of WEEE at source?
Public Officer to reply : Secretary for the Environment

2. Hon Alan LEONG to ask: (Translation)

The Hong Kong Mortgage Corporation Limited earlier announced the launching of a pilot scheme on reverse mortgage ("reverse mortgage scheme") as a measure to tackle the problem of ageing population. While the banking industry has expressed support for the scheme, some members of the public are worried that the reverse mortgage scheme might not be able to achieve the goal of "making use of residential properties to provide for the twilight years of the elderly". In this connection, will the Government inform this Council:
    (a)given that some elderly people are worried that the buildings in which they are residing are too old, the appraised value of their properties will therefore be on the low side, the monthly annuity payments receivable under the reverse mortgage scheme will as a result be very small, coupled with the requirement that they have to bear the maintenance costs of the properties, thus it is difficult for the scheme to effectively support their post-retirement life, in the face of the above concerns of the elderly people, of the role the Government will play in implementing the reverse mortgage scheme so as to build up a reverse mortgage market which is fair and sustainable, and to ensure that the twilight years of the elderly people who participate in the scheme will be provided for;

    (b)given that according to experience in foreign countries, quite a number of the elderly people participating in reverse mortgage schemes have fallen victim to investment pitfalls because they are not conversant with financial operations such as mortgage investment, etc. and have become heavily indebted eventually, what measures the Government will adopt to ensure that, in the processes of valuation, negotiation and renewal of terms with banks, elderly people who are eligible for the scheme will be protected in a sustained and reliable manner, so as to prevent them from falling victim to investment pitfalls; and

    (c)given that the purchasing power of the annuity payments received by the elderly people under the reverse mortgage scheme will diminish as a result of inflation, whether the Government will consider linking the scheme with inflation, so as to better protect the elderly; 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 Audrey EU to ask: (Translation)

With regard to the education of children from low-income families, will the Government inform this Council:
    (a)of the policies that the authorities have put in place to support the education of children from low-income families to facilitate the upward mobility of these children in today's knowledge-based society; of the details of such policies;

    (b)whether the Government has compiled statistics on the numbers and percentages of children from families of various income groups who received university education for the past five years; if so, of the details; if not, the reasons for that; and

    (c)whether the Government will consider flexibly reducing the teacher-to-student ratio of schools in districts with more low-income families (such as Tin Shui Wai) or schools with more students from low-income families; if so, of the details; if not, the reason for that?
Public Officer to reply : Secretary for Education

4. Hon Paul CHAN to ask: (Translation)

In September 2009, the Government announced that it would maintain Radio Television Hong Kong ("RTHK")'s status as a government department, giving a clear way forward for RTHK's future. Yet, it has been reported that the manpower arrangement put forward by the authorities in December 2010 when announcing RTHK's development as a public service broadcaster has aroused concerns among some of the staff of RTHK. In this connection, will the Government inform this Council:
    (a)of the reasons for the Government to first recruit staff at the Assistant Programme Officer rank when resuming recruitment of civil servants for RTHK in the first quarter of this year; whether the authorities had consulted all staff of RTHK before resuming such recruitment; if they had consulted, when the consultation took place and what specific views the staff had; if not, the reasons for that, and whether they will consider conducting such consultation before resuming the recruitment so as to address staff's concerns, making appropriate adjustment to the recruitment arrangement in the light of the majority views of staff, and announcing the overall recruitment arrangement and the timetable;

    (b)before RTHK resumes recruitment of civil servants, whether the authorities have assessed the impact of such arrangement on existing non-civil service contract ("NCSC") staff; whether those NCSC staff will be dismissed immediately upon completion of the recruitment of the first batch of civil servants; if so, whether the authorities have assessed the impact of such arrangement on the quality of RTHK's programmes; if the NCSC staff will not be dismissed immediately, how the authorities will arrange such staff to depart in an orderly manner without giving rise to duplication of human resources; and

    (c)given that the authorities have mentioned in the paper "Public Service Broadcasting and the Future of Radio Television Hong Kong" released in 2009 that the Director of Broadcasting ("D of B") would undertake an internal re-structuring review for RTHK, but the incumbent D of B will leave RTHK in February this year upon the expiry of his contract, whether the re-structuring review has been completed; if so, whether the authorities will publish the outcome of the review; if it has not yet been completed, of the reasons for that; whether the authorities have assessed the impact of the departure of the incumbent D of B on the re-structuring review; if they have assessed, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

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

I went with a group of aggrieved investors of Lehman Brothers-related minibonds and structured financial products ("Lehman Brothers victims") to the Securities and Futures Commission ("SFC") on 22 November 2010 to file a report that the persons concerned of some banks and securities companies had made false or reckless misrepresentation when selling such financial products to their customers, suspectedly breaching section 107 of the Securities and Futures Ordinance ("section 107"). In response to the appeal from SFC, Lehman Brothers victims took the initiative to provide further information and requested it be filed for action, but this was rejected by SFC. In this connection, will the Government inform this Council:
    (a)given that SFC indicated in its reply to me on 9 December 2010 that Lehman Brothers victims had staged their protest persistently outside the building in which SFC was located, and had not co-operated with SFC and provided it with the necessary information, whether the authorities have assessed if the protest actions of Lehman Brothers victims are covered by the rights protected by the Hong Kong Bill of Rights Ordinance; if such an assessment has been made, of the outcome;

    (b)given that SFC requires the victims to report information on the case to SFC by post, by fax or by email, and has rejected the victims' request of lodging their complaints by way of reporting in person, but it is clearly stated in SFC's leaflet on "How to Make a Complaint" that members of the public may also "[lodge a complaint] in person" apart from doing so by post, by fax and by email, whether it knows why SFC has deprived Lehman Brothers victims of their freedom to lodge their complaints in person, and whether the Government has assessed if SFC's practice is contrary to the objective of "protecting investors", which is one of the regulatory objectives of SFC under section 4 of the Securities and Futures Ordinance; and

    (c)whether it knows under what circumstances SFC, as the statutory authority responsible for enforcing the Securities and Futures Ordinance, may reject the filing of report by a member of the public under section 107 on the criminal offence of a person making a fraudulent or reckless misrepresentation for the purpose of inducing another person to invest, and under such circumstances, which official at the level of Secretary of Department or Director of Bureau can order SFC to discharge this legal responsibility?
Public Officer to reply : Secretary for Financial Services and the Treasury

6. Hon LAU Wong-fat to ask: (Translation)

In reply to my question on children interest classes conducted in multi-storey commercial buildings raised on 24 November 2010, the Government did not indicate that it would review the existing legislation regarding regulation of fire services installations and means of escape for the venues of such interest classes. In this connection, will the Government inform this Council, given that children, especially the younger ones, need to be assisted or even carried by adults to escape from the fire scene in case of a fire, whether the Government has assessed if the regulation of fire services installations and means of escape for the venues of children interest classes in multi-storey commercial buildings at present is sufficient to safeguard the safety of these young children in case of a fire; if such an assessment has been made, of the outcome?

Public Officers to reply :Secretary for Education
Secretary for Security

*7. Dr Hon Priscilla LEUNG to ask: (Translation)

In his 2010-2011 Policy Address, the Chief Executive proposes to set up District Urban Renewal Forums ("DURFs") to collect views from professionals and local residents, with the first pilot DURF to be set up in Kowloon City. In this connection, will the Government inform this Council:
    (a)when the first DURF will be set up the earliest; what principles the Government will adopt in appointing members to DURF, and the respective ratios of members from the Government, business sector, local residents and professionals; and DURF's foremost work plan upon its establishment;

    (b)given that the authorities have proposed in the "Public Views and Future Direction Paper", which was released at the final stage (i.e. the Consensus Building Stage) of the Urban Renewal Strategy Review, that DURF "should be independent of DC (District Council)", how DURF will communicate and co-operate with DC in future;

    (c)whether the tasks or terms of reference of DURF will overlap with those of the Town Planning Board in future; if so, how the authorities will deal with it;

    (d)given that apart from Kowloon City, there are many old buildings in other districts in Kowloon, whether the authorities at present have any plan to set up DURFs in other districts; if so, when these DURFs will be established the earliest; and

    (e)how the authorities ensure that the views of DURF will be given due consideration?
Public Officer to reply : Secretary for Development

*8. Hon Tommy CHEUNG to ask: (Translation)

It was reported earlier that a private housing estate in Tung Chung had promoted waste reduction since 2007, including trying out a scheme on food waste recovery by hiring a food waste processor from an electrical appliance company at a monthly rental of $3,000 to handle food waste collected from 500 households participating in the scheme. Although a reduction of about three tonnes of food waste can be achieved through the scheme each month, only a monthly refuse transportation fee of about $200 can be saved in return, which is very small compared to the rental paid. It was also reported that the food waste processor had already reached its monthly maximum handling capacity at present, and if more households wished to join the scheme, the housing estate had to rent an additional food waste processor, revealing that the cost-effectiveness of handling household food waste in an environmental-friendly manner is low. In this connection, will the Government inform this Council:
    (a)whether it has compiled statistics on the number of housing estates providing food waste recovery services at present; if so, of the number involved; if not, whether it will conduct such a survey in future and assess the inclination of housing estates to participate in food waste recovery;

    (b)given that the aforesaid above example has revealed the low cost-effectiveness of handling household food waste in an environmental-friendly manner, whether the authorities will formulate any financial assistance scheme or support measure, so as to increase incentives to attract more housing estates or residential buildings to join household food waste recovery schemes, thereby responding to the community's aspirations for green living; and

    (c)of the progress of the project entitled "Waste To Food - Community Trial Project of Kitchen Waste Recovery with Vermi-composting" conducted by the Kadoorie Farm and Botanic Garden with subsidies provided by the authorities in 2009; whether the project has been extended to the household level; if not, of the reasons for that; if so, the number of housing estates or residential buildings participating in the project, and its cost-effectiveness of handling food waste?
Public Officer to reply : Secretary for the Environment

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

Recently, some members of the public have complained that the Chinese Permanent Cemeteries do not allow married daughters to use their family niches except for those divorced, and such a rule allegedly involves sex discrimination. As stipulated in Rule 21A of the Chinese Permanent Cemeteries Rules (Cap. 1112, sub. leg. A) ("Rule 21A"), each family niche may be used for the deposit of up to four sets of cremated human ashes, and the second or subsequent set of cremated human ashes deposited in that niche shall be those of a close relative of the deceased first deposited in that niche having the same family surname. Besides, Rule 21A also provides that a married woman (unless divorced from her husband) shall be deemed to have her husband's family surname. As a result, daughters-in-law may be included, but married daughters do not meet the requirements. Yet, the eligibility requirements for the use of the family type niches provided by the Food and Environmental Hygiene Department ("FEHD") are more relaxed, allowing the ashes of four close kins to be deposited in the family type niche at the same time. Even the ashes of sons-in-law with different surnames can be deposited in the family type niches. In this connection, will the Government inform this Council:
    (a)given that Rule 21A was formulated in 1986, whether the Board of Management of the Chinese Permanent Cemeteries, chaired by the Secretary for Home Affairs, will consider amending the requirements on surnames under Rule 21A so as to eliminate the possible sex discrimination involved;

    (b)given that according to Rule 21A, a permittee may be allocated more than one family niche, of the number of such type of permittees who each holds more than one family niche;

    (c)of the number of FEHD's family type niches and their utilization; and

    (d)given that the allocated family/family type niches may not be fully utilized, resulting in a situation of "the living taking up space for the dead", whether the authorities will adjust the policy on family/family type niches (such as reducing their supply) in view of the current shortages of niches?
Public Officer to reply : Secretary for Home Affairs

*10. Hon WONG Kwok-kin to ask: (Translation)

The Government has implemented food bank projects since 2008 to provide short-term food assistance for people in need and people with difficulties in their livelihood. In this connection, will the Government inform this Council:
    (a)of the average number of people who have obtained food assistance per month since the introduction of food bank projects, with a breakdown by District Council district;

    (b)given that upon the introduction of the above projects in 2008, the authorities undertook to provide $12 million to each of the five non-governmental organizations ("NGOs") which are responsible for operating food banks for meeting operational expenses, of the amount of funds which have been spent by each of these NGOs so far, and the average amount of expenses used for providing this service per month;

    (c)given that the authorities have set aside a reserve of $27.5 million upon the introduction of the projects in 2008, whether the authorities have used such reserve so far; if they have, of the items funded by the reserve; and

    (d)in response to the recent inflation in the prices of food and imported goods, whether the Government will review the existing food bank projects, as well as increase resources and service quotas, in order to meet the demands of the people in need?
Public Officer to reply : Secretary for Labour and Welfare

*11. Hon Ronny TONG to ask: (Translation)

The Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545) ("the Ordinance") came into operation in 1999. Under the Ordinance, any person who owns not less than 90% of the undivided shares in a lot may make an application to the Lands Tribunal for an order for the compulsory sale of all of the undivided shares in the lot for the purposes of redevelopment. The Government, by publication of the Land (Compulsory Sale for Redevelopment) (Specification of Lower Percentage) Notice in the Gazette in January last year, specified that with effect from 1 April 2010, in respect of three classes of land lot, the application threshold for compulsory sale would be lowered from 90% to 80%. In this connection, will the Government inform this Council:
    (a)since the Ordinance came into operation in 1999, whether the Lands Tribunal has rejected any application for a compulsory sale order (including applications with the thresholds of 90% and 80% respectively); if so, of the reasons for the rejection and the details;

    (b)whether the authorities have assessed, from 1999 to the present, the differences between the prices at which the properties were sold compulsorily under the Ordinance and the prices of the properties built on the same land lots after redevelopment; if so, of the details; if not, how they monitor whether the Ordinance has been abused causing the minority owners not being reasonably compensated for their properties concerned; and

    (c)given that some minority owners have reported that the services currently provided by the Legal Aid Department do not cover the proceedings handled by the Lands Tribunal under the Ordinance and the negotiation prior to such proceedings, rendering quite a number of minority owners (who have not the financial means) unable to appoint lawyers, engineers or other experts to assist them in negotiating better prices for their properties even though they are dissatisfied with the valuation of their properties, whether the Government will amend the relevant legislation to enable minority owners to receive legal aid so that they can negotiate the valuation of their properties with the developers on a more equal footing; if it will, of the timetable for the amendment; if not, the reasons for that?
Public Officer to reply : Secretary for Development

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

Regarding the problem of franchised buses and air pollution, will the Government inform this Council:
    (a)given that the Government indicated in its reply to a question raised by a Member of this Council on 17 March 2010 that it had been discussing with the franchised bus companies to explore various options to reduce the emissions of franchised buses, which included accelerated replacement of old buses, bus route rationalization, setting up of low emission zones, and assessing the feasibility of retrofitting selective catalytic reduction devices onto Euro II and III buses to reduce their nitrogen oxides emissions, etc., of the work progress of the Government in implementing various proposals so far and the future work plan in this regard, and provide such details in respect of each of the aforesaid options;

    (b)given that the Government also indicated in its reply to the question on 17 March 2010 that if all pre-Euro, Euro I and Euro II commercial vehicles were retired, the economic benefit (including the reduction in costs of medication, consultations, hospital admissions, and loss of earnings due to the receptors' work absenteeism, etc.) to be brought about would be about $24,300 million, of the percentage of such social costs saved through reduction in costs of medication and loss of earnings in the total social costs; whether the Government had made any projection on such economic benefit in the past three years; if it had, of the results (including the percentage of various social costs saved); if not, the reasons for that;

    (c)if it has looked into whether various franchised bus companies will use the retrofitting of their buses with emission reduction devices as the details and justifications for adjusting the bus fares; and the Government's measures in response to any upward adjustment of bus fares on such grounds;

    (d)of the number of franchised buses which have been retrofitted with diesel catalytic converters, diesel particulate filters, selective catalytic reduction devices or other emission reduction devices, with a breakdown by the emission standard met by the bus; and

    (e)of the retrofitting costs of each of the emission reduction devices in (d), and their respective effectiveness and durability in improving air quality?
Public Officer to reply : Secretary for the Environment

*13. Ir Dr Hon Raymond HO to ask: (Translation)

Some parents have reflected to me that in recent years, quite a number of children in Hong Kong only watch television or play computers after school, leading a sedentary lifestyle with no physical activity, and that physical education lessons in school have become the main opportunity to do exercise. In this connection, will the Government inform this Council:
    (a)whether it has stipulated the weekly minimum duration of physical education lessons in primary and secondary schools in Hong Kong at present, and whether it has specified the contents of such lessons;

    (b)of the respective numbers of primary and secondary schools in Hong Kong which have sports venues of their own and those which have to borrow outside sports venues or swimming pools for conducting physical education lessons; and

    (c)given that some parents have relayed to me that, for students in those schools which have to borrow outside sports venues for conducting physical education lessons, travelling to and from such venues or swimming pools is troublesome and time-consuming, thus greatly reducing their interest in physical education lessons, whether the Government will consider adopting some measures which are targeted to improve that situation, so as to increase students' interest and participation in physical education lessons, thereby improving their physical fitness?
Public Officer to reply : Secretary for Education

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

It has been reported that due to recent shortage of motor vehicle diesel on the Mainland, some mainland petrol stations have limited the refuel amount per vehicle or stopped such service, while some of them have even refused to supply diesel to cross-boundary trucks. Even though cross-boundary truck drivers from Hong Kong have tried as far as practicable to fully refuel their vehicles in Hong Kong beforehand, it is necessary for them to refuel midway when they travel longer distances. Some members of the transport sector have relayed to me that as a result of diesel shortage, drivers have to look for petrol stations everywhere in order to refuel their vehicles. As the frequency of refuelling increases due to the limit on the refuel amount, drivers often need to spend hours to refuel at several petrol stations before they can travel on with a full tank. This causes delays to their schedules and thereby reduces the number of delivery trips they can make. Diesel shortage on the Mainland has caused difficulties in business operation for the cross-boundary transport sector, increased the costs of cross-boundary transportation and affected the livelihood of cross-boundary truck drivers. In this connection, will the Government inform this Council:
    (a)of the sources of diesel imported into Hong Kong and the respective percentages of diesel imported from those places; as well as the measures implemented by the authorities to stabilize diesel supply in Hong Kong at present;

    (b)whether it has assessed the impact of Mainland's recent diesel shortage on Hong Kong; if it has, of the outcome and the measures in place to deal with the situation; if not, the reasons for that; and

    (c)given that it has been reported that diesel shortage on the Mainland may continue for some time until February this year, whether the authorities have measures to help the cross-boundary transport sector cope with the difficulties in refuelling on the Mainland; if they have, of the details of such measures; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

*15. Dr Hon David LI to ask:

The Internship Programme for University Graduates ("the Programme"), launched in August 2009 ceased accepting new applications after 31 March 2010. In May 2010, the Secretary for Labour and Welfare informed the Panel on Manpower that 1 674 and 239 graduates had taken up internships in Hong Kong and the Mainland respectively. In this connection, will the Government inform this Council:
    (a)of the total number of applications it received under the Programme;

    (b)of the positions offered to the participants of the Programme with a breakdown by industry;

    (c)whether it has collected data on the post-programme employment of the participants of the Programme; if so, of the respective numbers of participants who have been offered full-time employment by the same employers who offered them internships upon the expiry of the internship periods and of those who are not employed by the same employers, the number of participants who successfully found other full-time employment within three months upon the expiry of the internship periods; and

    (d)whether it has any plan to re-introduce the Programme or to offer a new scheme to promote employment of university graduates?
Public Officer to reply : Secretary for Labour and Welfare

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

I have recently received complaints from members of the public about the serious noise problem arising from the operation of trains along a rail section of Mongkok East Station near Yim Po Fong Street. They have also pointed out that MTR Corporation Limited ("MTRCL") has already retrofitted noise barriers for the rail section along Peace Avenue, but it has not retrofitted such barriers for the section along Yim Po Fong Street. I have subsequently checked with MTRCL, which has indicated that Kowloon-Canton Railway Corporation ("KCRC") conducted a study in 1993 and installed noise barriers at a number of locations. However, MTRCL has not explained why it has not retrofitted noise barriers along Yim Po Fong Street. Moreover, I have learnt that MTRCL is carrying out noise barrier retrofitting works to the north of Olympic Station. In this connection, will the Government inform this Council:
    (a)of the respective numbers of complaints received by the Environmental Protection Department ("EPD"), MTRCL (including KCRC and the former Mass Transit Railway ("MTR") Corporation) and other government departments in the past five years which involved noise generated from railway operation; among such complaints, of the number of those confirmed to have involved noise levels exceeding the statutory standards specified in the Hong Kong Planning Standards and Guidelines ("HKPSG"), with a breakdown by year and rail section;

    (b)whether the Government has collated statistics on the number of existing rail sections of MTRCL with noise levels exceeding the statutory standards; of the approximate decibel measurements by which the standards have been exceeded, with a breakdown by rail section;

    (c)whether it knows the number and outcome of investigations conducted by MTRCL (including KCRC and the former MTR Corporation) after 1993 on noise problems arising from operation, and whether any noise barrier has been retrofitted for the existing railway lines having regard to the outcome of the investigations; if so, of the details of those projects;

    (d)whether various departments such as EPD and the Highways Department, etc., had discussed with MTRCL in the past five years about mitigating the noise problem along railway lines; if they had, of the proposals and efforts actually taken to mitigate noise; whether the Government knows if MTRCL has planned to carry out the projects concerned, including the installation of noise barriers;

    (e)whether it knows the factors based on which MTRCL at present decides if noise barriers should be installed; whether the Government has discussed reviewing the guidelines concerned with MTRCL;

    (f)given that HKPSG stipulates that "shielding is only effective if it breaks the line-of-sight from the window of a sensitive use to the rail sources", whether the Government knows why KCRC merely retrofitted noise barriers for the rail section along Peace Avenue then but did not do so for the section along Yim Po Fong Street; and

    (g)whether it knows when the retrofitting of noise barriers to the north of Olympic Station will be completed; of the effects of these noise barriers anticipated by MTRCL and the Government, and whether retrofitting noise barriers to the south of Olympic Station will be considered?
Public Officer to reply : Secretary for the Environment

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

It has been reported that Hong Kong's neighbouring places such as the Mainland, Taiwan and Macao have already installed countdown devices for both vehicular and pedestrian traffic lights. Yet, Hong Kong only provides flashing signal reminders for pedestrian crossing lights, making it difficult for pedestrians to know the time left for crossing the road. Moreover, it has been reported that since Hong Kong has also not installed countdown devices for reminding drivers about traffic light signal changes, it is difficult for drivers to judge the road conditions, thereby increasing the risk of accidents. In this connection, will the Government inform this Council:
    (a)of the total number of traffic accidents that happened at pedestrian crossings with light signals, as well as the percentage of such number in the total number of traffic accidents in the past three years;

    (b)given that in June 2008 the Transport Department ("TD"), in its paper for the Panel on Transport of this Council, indicated that before dismantling the countdown devices installed on trial, it had provided detailed explanations in relation to the findings of the study on the use of countdown devices and its plan to dismantle such devices to the Traffic and Transport Committees of the relevant District Councils ("DCs"), of the DCs that TD had consulted on dismantling the countdown devices; whether those DCs had voted on this subject; if the DCs had voted, of the voting results; and

    (c)given that, although TD's findings in 2006 from a study on the countdown devices installed at 15 trial locations indicated that such devices "encouraged" pedestrians to rush across the road during the flashing green signal, and TD had also pointed out that its research on overseas practice found that countdown devices were not standard equipment at signalized crossings, it has been reported that apart from the Mainland, Macao and Taiwan which have already installed such countdown devices, the United States, Germany and Japan will also introduce the "Little Green Man" animated countdown device pioneered by Taiwan, whether the authorities will reconsider and study the installation of countdown devices so as to follow such international trend?
Public Officer to reply : Secretary for Transport and Housing

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

At present, there are about 400 000 persons with disabilities ("PWDs") in Hong Kong. The authorities have not only enacted legislation to eliminate discrimination against employees with disabilities, but have also encouraged enterprises to employ PWDs so that PWDs can give full play to their strength and skills. In this connection, will the Government inform this Council:
    (a)whether at present the Government has a policy that requires various government departments to employ PWDs up to a certain percentage; if it has, of the details; if not, the reasons for that;

    (b)of the respective numbers of civil servants with disabilities employed and government staff with disabilities employed on non-civil service terms by the Government in the past three years, together with a breakdown by government department; and

    (c)whether the Government will implement a quota system for employing PWDs; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Civil Service

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

Regarding problems relating to the selection of the sites for and construction of centres for persons with disabilities ("PWDs") and the elderly, will the Government inform this Council:
    (a)of the numbers and percentages of the various types of residential care homes and community care service centres for PWDs the construction of which was rejected by various District Councils ("DCs") in the past three years, as well as the reasons for rejection, with a breakdown by DC district (list in table form);

    (b)of the numbers and percentages of the various types of residential care homes and community care service centres for the elderly the construction of which was rejected by various DCs in the past three years, as well as the reasons for rejection, with a breakdown by DC district (list in table form); and

    (c)whether the authorities have put forward any proposal having regard to the reasons for rejection; if they have, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

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

WikiLeaks has been disclosing confidential files relating to defence and foreign affairs of various countries continuously. It has been reported that a recently-unveiled cable sent from the Embassy of the United States in Beijing, which revealed that Hong Kong was the target for terrorist attacks by some former East Turkestan groups during the equestrian events of the 2008 Beijing Olympic Games hosted by Hong Kong, even put the Secretary for Security in a very embarrassing position. Departments taking charge of defence, internal affairs and foreign affairs of various countries have been urgently finding counteractions and means to prevent further leakage of sensitive information. In this connection, will the Government inform this Council:
    (a)what policies and measures are in place to immediately raise the security level of communications and messages/information exchanged within the Hong Kong SAR Government and those exchanged between it and the Central Government as well as government organizations of various countries; and

    (b)whether it has any contingency mechanism to facilitate it to take immediate contingency measures when Hong Kong-related sensitive information is further disclosed by WikiLeaks?
Public Officer to reply : Secretary for Commerce and Economic Development

* For written reply

III. Members' Motions

  1. Proposed resolution under the Interpretation and General Clauses Ordinance

    Hon LEUNG Kwok-hung to move the following motion:

    Resolved that the Minimum Wage Ordinance (Amendment of Schedule 3) Notice 2010, published in the Gazette as Legal Notice No. 145 of 2010 and laid on the table of the Legislative Council on 17 November 2010, be repealed.

    Public Officer to attend : Secretary for Labour and Welfare

  2. Proposed resolution under the Interpretation and General Clauses Ordinance

    Hon LEE Cheuk-yan to move the following motion:

    Resolved that the Minimum Wage Ordinance (Commencement) (No. 2) Notice 2010, published in the Gazette as Legal Notice No. 147 of 2010 and laid on the table of the Legislative Council on 17 November 2010, be amended as set out in the Schedule.

    Schedule

    Amendment to Minimum Wage Ordinance (Commencement)
    (No. 2) Notice 2010

    1.Paragraph 1 amended
    Paragraph 1 -
    Repeal
    "1 May 2011"
    Substitute
    "1 February 2011".

    Public Officer to attend : Secretary for Labour and Welfare

  3. Proposed resolution under the Interpretation and General Clauses Ordinance

    Hon IP Wai-ming to move the following motion:

    Resolved that the Employment Ordinance (Amendment of Ninth Schedule) Notice 2010, published in the Gazette as Legal Notice No. 148 of 2010 and laid on the table of the Legislative Council on 17 November 2010, be amended as set out in the Schedule.

    Schedule

    Amendment to Employment Ordinance (Amendment of Ninth Schedule)
    Notice 2010

    1.Section 3 substituted
    Section 3 -
    Repeal the section
    Substitute
    "3. Ninth Schedule amended
    Ninth Schedule, before "per month" -
    Add
    "$20,000". ".

    Public Officer to attend : Secretary for Labour and Welfare

  4. Motion under Rule 49E(2) of the Rules of Procedure

    Hon Miriam LAU to move the following motion:

    That this Council takes note of Report No. 9/10-11 of the House Committee laid on the Table of the Council on 5 January 2011 in relation to the subsidiary legislation and instrument(s) as listed below:

    Item NumberTitle of Subsidiary Legislation or Instrument

    (1)Human Organ Transplant (Amendment) Regulation 2010 (L.N. 143/2010)

    (2)Human Organ Transplant (Appeal Board) Regulation (L.N. 144/2010)

    Public Officer to attend : Secretary for Food and Health

  5. Urging the Government to take measures for ameliorating inflation and alleviating people's livelihood pressure

    Hon WONG Sing-chi to move the following motion: (Translation)

    That Hong Kong has seen rapid economic growth and the re-emergence of inflation since 2004, but the increases in wages of grass-root people have failed to catch up with increases in prices, resulting in the decline in their real wages and living standards; in the recent year or so, there has been an influx of outside capitals into Hong Kong and a substantial increase in property values, bringing significant rental increases, and further boosting inflation; moreover, in the recent month, the fees and charges of many public utility services have been adjusted and the rates of increases are higher than the inflation rate, and the livelihood of the grass-root people will be very difficult; in this connection, this Council urges the Government to implement measures to ameliorate inflation and alleviate pressure on people's livelihood; the relevant measures should include:

    (a)to provide a subsidy of $3,600 to each of the 2.5 million or so residential electricity accounts in Hong Kong; in order to encourage the public to reduce electricity consumption, to provide a subsidy of $1,200 to members of the public whose electricity consumption in any half-year period is 5% or more less than that for the same period of the preceding year;

    (b)to pay two months' rent for tenants living in the rental units of the Hong Kong Housing Authority and the Hong Kong Housing Society;

    (c)rates concession: to waive rates for the entire year of 2011-2012, subject to a ceiling of $1,500 per quarter for each household;

    (d)to provide two additional months of payments for recipients of Old Age Allowance (i.e. 'fruit grant'), Comprehensive Social Security Assistance and Disability Allowance;

    (e)to resume the Home Ownership Scheme and the Sale of Flats to Sitting Tenants Scheme;

    (f)salaries tax deduction: to increase the basic allowance according to the inflation rate from the present $108,000 to $113,000; to increase the married person's allowance according to the inflation rate from the present $216,000 to $226,000; to increase the child allowance from the present $50,000 to $60,000; and to increase the dependant parent allowance from the present $30,000 to $60,000;

    (g)to abolish the standard rate for salaries tax: it is proposed that the standard tax rate be abolished so that members of the public pay their salaries tax according to the marginal tax rate;

    (h)to provide members of the public with tax deductions for retirement protection savings: where members of the public purchase any retirement savings schemes the accrued benefits of which can only be claimed at the age of 65, or if they make any additional contributions to the Mandatory Provident Fund schemes, the contributions concerned may be deducted from the chargeable incomes for salaries tax, subject to a ceiling of $20,000;

    (i)to increase the salaries tax deduction for expenses of self-education from $60,000 to $100,000; and

    (j)to introduce anti-inflation retail bonds solely for sale to Hong Kong permanent residents and persons aged 65 or above have priority in buying such bonds, and the total value of such bonds should be about $30 billion, with the face values of bonds ranging from $50,000 to $100,000 and the maturity periods ranging from two years to five years; the Government should distribute annual inflation-linked interests to the purchasers of such bonds, while the principals of the bonds should be entrusted to the Hong Kong Monetary Authority for investment; and the Government should develop the second bond market to facilitate bond redemption by members of the public.

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

    To add "in the course of Hong Kong's economic development in the past, not only were the grass-root people generally unable to share the fruit of economic growth, but they were also battered by inflation, and" after "That"; to add ", including paying two months' basic rent for tenants required to pay additional rent" after "Hong Kong Housing Society"; to delete "and" after "$60,000 to $100,000;"; and to add "; (k) to increase funding for food banks, and study relaxing the relevant eligibility requirements and time limits for assistance, and to expand the networks of services, etc.; and (l) for those grass-root people who cannot benefit from the aforesaid measures, the Government should provide them with rental subsidy; the authorities may consider adopting the Comprehensive Social Security Assistance rent allowance as the standard for providing two months of rental subsidy to all non-Comprehensive Social Security Assistance recipients who are currently living in private residential buildings and waiting for public rental housing allocation" immediately before the full stop.

    (ii)Dr Hon PAN Pey-chyou to move the following amendment: (Translation)

    To add ", as" after "That"; to add "using the same criteria as those of last year" after "Hong Kong Housing Society"; to delete ";" after "Sale of Flats to Sitting Tenants Scheme" and substitute with ", and immediately commence planning for resuming the construction of an appropriate quantity of Home Ownership Scheme flats annually; (f) to expeditiously resume regular land auctions, so as to ensure an adequate supply of residential lands, so that the number of new residential units completed every year is able to meet the demand of users; (g) to consider lowering the rates of property tax or waiving the payment of provisional property tax for the following year, so that a greater number of property owners are willing to let their flats, thereby making it possible for residential rents to go down; (h) to review the operation of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004, so as to strengthen the protection for tenants and prevent them from suffering rent increases every year under the Ordinance;"; to delete the original "(f)" and substitute with "(i)"; to delete the original "(g)" and substitute with "(j)"; to delete the original "(h)" and substitute with "(k)"; to delete the original "(i)" and substitute with "(l)"; to delete "and" after "$60,000 to $100,000;"; to delete the original "(j)" and substitute with "(m)"; and to add "; (n) to increase the subsidy amount of Elderly Healthcare Vouchers to $1,000 per person per year; (o) to freeze the various government fees and charges related to the livelihood of grass-root people, market rents and the rents of shops under the Government and the Hong Kong Housing Authority; and (p) to urge the Community Care Fund to provide appropriate assistance for those people who are unable to benefit from the aforesaid assistance measures but are in need of timely assistance, so that they can tide over their temporary difficulties" immediately before the full stop.

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

    To add "since the reunification, the local economy has undergone vicissitudes, causing hardship to people's livelihood; although" after "That"; to delete "but" after "since 2004,"; to add "(a) to strengthen support for food banks and provide food vouchers for families or persons living in poverty, so as to alleviate the pressure of soaring food prices; (b) to distribute on a monthly basis an extra special Old Age Allowance (i.e. 'special fruit grant') to eligible elderly persons with tight living expenses; (c) to consider renaming 'low earnings Comprehensive Social Security Assistance' as 'Work Incentive Scheme', so as to remove the stigma effect, and extending the scheme to working-poor families not eligible for Comprehensive Social Security Assistance, so that they can receive a monthly living supplement of no more than $2,500;" after "include:"; to delete the original "(a)" and substitute with "(d)"; 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 add "expedite the implementation of the My Home Purchase Plan, and consider whether to" before "resume"; to delete "the Sale of Flats to Sitting Tenants Scheme" after "Home Ownership Scheme and" and substitute with "construct additional public rental housing flats, so as to shorten people's waiting time for public rental housing"; to delete the original "(f)" and substitute with "(i)"; to add "and to study how to adjust tax bands and marginal tax rates, so as to relieve the burden on those middle class people whose incomes are not so high; (j) with a view to encouraging the young generation to live close to their parents and elders to take care of them, to relax the restrictions on the dependent parent or dependent grandparent allowance by relaxing the eligible requirement from living in the same unit to living in the same housing estate;" after "$30,000 to $60,000;"; to delete "(g) to abolish the standard rate for salaries tax: it is proposed that the standard tax rate be abolished so that members of the public pay their salaries tax according to the marginal tax rate; (h)" before "to provide members of the public" and substitute with "(k)"; to delete the original "(i)" and substitute with "(l)"; to delete "; and" after "$60,000 to $100,000" and substitute with ", and to increase the subsidy under the Continuing Education Fund by 100% to $20,000 in one's lifetime;"; to delete the original "(j)" and substitute with "(m)"; to add "appropriately" before "introduce anti-inflation retail bonds"; to delete ", and the total value of such bonds should be about $30 billion, with the face values of bonds ranging from $50,000 to $100,000 and the maturity periods ranging from two years to five years" after "buying such bonds"; and to add "; and (n) to freeze government fees and charges, including freezing the rents for government wholesale markets and markets, and waiving hawker licence fees for at least one year" immediately before the full stop.

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

    To add "(a) to set up a $30 billion public transport fare stabilization fund to alleviate the pressure of public transport fare increases on people; (b) to strengthen the Food Assistance Service Projects, so as to benefit a greater number of needy persons; (c) to continue to freeze those government fees and charges directly affecting people's livelihood, as well as the rents of stalls in the markets under the Food and Environmental Hygiene Department and the Hong Kong Housing Authority; (d) to provide short-term rental assistance for those households on the Waiting List who can meet the income and asset requirements for public rental housing but fall outside the coverage of the existing Comprehensive Social Security Assistance rent allowance; (e) to set up a short-term unemployment supplement for providing assistance for those low-income persons who become unemployed due to the implementation of the minimum wage system;" after "include:"; to delete the original "(a)" and substitute with "(f)"; to delete the original "(b)" and substitute with "(g)"; to delete the original "(c)" and substitute with "(h)"; to delete "$1,500" after "2011-2012, subject to a ceiling of" and substitute with "$3,000"; to delete the original "(d)" and substitute with "(i)"; to delete the original "(e)" and substitute with "(j)"; to add "increase land supply and" before "resume"; to add ", so as to increase the supply of small and medium flats, meet people's demand for home ownership, balance supply and demand in the property market, and alleviate the upward pressure of property prices and rents" after "Sale of Flats to Sitting Tenants Scheme"; to delete the original "(f)" and substitute with "(k)"; to delete the original "(g)" and substitute with "(l)"; to delete "abolish" before "the standard rate" and substitute with "comprehensively review the salaries tax regime, including studying the abolition of"; to delete ": it is proposed that the standard tax rate be abolished" before "so that" and substitute with ","; to delete the original "(h)" and substitute with "(m)"; to delete the original "(i)" and substitute with "(n)"; to delete "and" after "$60,000 to $100,000;"; to delete the original "(j)" and substitute with "(o)"; and to add "; and (p) to extend the entitlement period for home loan interest deduction from 10 years to 15 years" immediately before the full stop.

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

  6. Promoting long-term sports development

    Hon KAM Nai-wai to move the following motion: (Translation)

    That the Hong Kong Government has decided to bid to host the 2023 Asian Games, but it has not put forward any blueprint for long-term sports development, in that it lacks commitment to promote community-wide participation in sports and has no plan to improve training for local athletes, this Council expresses disappointment in this regard; following the Government's failure to bid to host the 2006 Asian Games 10 years ago, it has failed to honour its undertaking of building sports venues, and the hosting of the 2009 East Asian Games did not foster a culture of promoting community-wide participation in sports, this Council considers that the Hong Kong Government should formulate and implement a long-term policy on sports, enhance training for local athletes and treat them well, take concrete steps to promote sports for all, and establish a sound administrative structure for sports; in this connection, this Council urges the Government to implement the following measures:

    (a)to draw up a 10-year blueprint for sports development, set objectives for community-wide participation in sports, and undertake planning for local athletes' training; regardless of whether the bid to host the Asian Games is successful or not, the Government should allocate $6 billion for establishing a 'Sports Fund', with a view to promoting the policy on community-wide participation in sports and enhancing training for local athletes;

    (b)to establish a mechanism for protecting current and retired athletes, provide scholarships for their pursuit of further studies overseas or locally, and put in place measures to ensure their employment; and by making reference to overseas experience, to provide commercial organizations with tax concessions, so as to encourage the trades to employ current or retired athletes;

    (c )to allocate funds for supporting athletes' after-training academic learning, with a view to providing them with learning assistance in foundation academic subjects, and to hold discussions with universities on allocating additional resources for providing places specifically for athletes;

    (d)to construct more district sports facilities and venues, and allow members of the public and students to have priority in using such utility-based district sports venues, thereby promoting sports for all;

    (e)to improve students' opportunities to participate in sports, including increasing the number and duration of physical education lessons in secondary and primary schools, so as to cultivate students' interest in sports;

    (f)to make accurate and precise estimation on the costs of constructing sports venues and submit them to the Legislative Council for scrutiny, so that this Council can scrutinize the Government's applications based on the needs for the development of sports for all and elite sports in different districts; and

    (g)to reform the Sports Federation and Olympic Committee of Hong Kong, China and the various National Sports Associations by requiring them to introduce professional administrative management and increase transparency of their finances, as well as to establish reasonable selection and appeal mechanisms, so as to ensure fair treatment of all athletes.

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

    To add ", as" after "That"; to add "all along," after "Asian Games, but"; to add "and comprehensive" after "blueprint for long-term"; to add "and comprehensive" after "implement a long-term"; to add "by way of extensive consultation and mobilizing public participation," after "(a)"; to add "to conduct extensive consultation with the Hong Kong sports sector and athletes, and on this basis," after "(b)"; to add "and at the same time" after "and retired athletes,"; to add "and at the same time to extensively install simple fitness facilities suitable for people of different ages in parks and public housing estates throughout the territory," after "district sports venues,"; to delete "submit them" after "sports venues and" and substitute with "expeditiously submit information about all the sports venues and facilities proposed to be constructed or improved under the plan to bid to host the Asian Games"; to delete "; and" after "in different districts" and substitute with "and their relevant timetables;"; to add "urge the relevant authorities to study how to" after "(g) to"; and to add "; and (h) to urge the relevant departments and sports institutions to undertake studies on the salaries and fringe benefits of sports coaches, instructors and counsellors, etc., and conduct timely reviews, so as to facilitate the retention and nurturing of local sports elites" immediately before the full stop.

    (ii)Hon Tanya CHAN to move the following amendment: (Translation)

    To add ", without obtaining public consensus," after "That the Hong Kong Government"; to delete "bid" after "has decided to" and substitute with "persist in bidding"; to add "to upgrade the corporate governance standards of the various National Sports Associations" after "structure for sports"; to add "by making reference to the Report of the Sports Policy Review Team entitled 'Towards a more sporting future' published in 2002, to implement the feasible recommendations made therein, and at the same time conduct studies on those areas not covered by the Report for the purpose of formulating a long-term policy on sports, and" after "(a)"; to delete "regardless of whether the bid to host the Asian Games is successful or not, the Government should allocate $6 billion for establishing a 'Sports Fund', with a view to promoting the policy on community-wide participation in sports and enhancing training for local athletes;" after "local athletes' training;" and substitute with "(b) regardless of whether the bid to host the Asian Games is successful or not, the Government should split the 'Arts and Sports Development Fund' and allocate $6 billion for establishing a 'Sports Development Fund', with a view to promoting the policy on community-wide participation in sports, and to enhance training for local athletes and invest more resources, so as to promote sports development;"; to delete the original "(b)" and substitute with "(c)"; to delete "to ensure their employment" after "in place measures" and substitute with "for employment training and support"; to delete the original "(c)" and substitute with "(d)"; to delete "providing places specifically for athletes" after "additional resources for" and substitute with "assisting athletes in pursuing continuing studies"; 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 "accurate and precise estimation on the costs of" after "to make" and substitute with "reasonable planning for"; to add "and estimate the costs involved," after "constructing sports venues"; to add "of different districts and the need" after "on the needs"; to delete "in different districts; and" after "and elite sports" and substitute with ";"; to delete the original "(g)" and substitute with "(h)"; to delete "reform" before "the Sports Federation" and substitute with "enhance the transparency of"; to add "reform" after "Kong, China and"; to delete "selection" after "to establish reasonable" and substitute with "athletes screening"; and to delete "fair treatment of all athletes" immediately before the full stop and substitute with "fairness; (i) to standardize the present reward mechanisms for able-bodied athletes and disabled athletes participating in international events of equivalent levels, so as to give fair recognition to the achievements of all athletes; and (j) to review the terms of reference and composition of the Sports Commission, enlist the participation of more athletes, and enhance the transparency of the Commission".

    (iii)Hon IP Kwok-him to move the following amendment: (Translation)

    To delete "the Hong Kong Government has decided to bid to host the 2023 Asian Games, but it has not put forward any blueprint for long-term sports development, in that it lacks commitment to promote community-wide participation in sports and has no plan to improve training for local athletes, this Council expresses disappointment in this regard; following the Government's failure to bid to host the 2006 Asian Games 10 years ago, it has failed to honour its undertaking of building sports venues, and the hosting of the 2009 East Asian Games did not foster a culture of promoting community-wide participation in sports," after "That"; to add "enhance the living standards of athletes and increase financial subsidies, step up educational services and employment counselling for full-time athletes," after "and retired athletes,"; to add "and in accordance with the works timetable formulated for bidding to host the Asian Games, finalize the projects for the various district sports facilities planned for construction, redevelopment and facilities upgrading," after "facilities and venues,"; to add "(f) to further expand the succession training scheme for young athletes, and enhance the recruitment, identification and training of young athletes at the district level and the level of National Sports Associations; (g) to introduce Elderly Sports Vouchers to provide subsidies for elderly persons enrolling in sports classes;" after "interest in sports;"; to delete the original "(f)" and substitute with "(h)"; to delete the original "(g)" and substitute with "(i)"; to delete "to reform" before "the Sports Federation" and substitute with "on the premise of respecting the autonomous operation of"; to delete "by requiring them to introduce professional administrative management and increase transparency of their finances, as well as to establish reasonable selection and appeal mechanisms" after "National Sports Associations"; and substitute with ", to continue to promote co-ordination between the two sides, and assist the Sports Federation and Olympic Committee of Hong Kong, China and the various National Sports Associations in upgrading the transparency of their administrative management, finances and selection mechanisms".

    Public Officer to attend : Secretary for Home Affairs

Clerk to the Legislative Council