A 10/11-15

Legislative Council

Agenda

Wednesday 19 January 2011 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Building (Construction) (Amendment) Regulation 20113/2011
2.Building (Oil Storage Installations) (Amendment) Regulation 20114/2011
3.Shipping and Port Control (Amendment) Regulation 20115/2011
4.Merchant Shipping (Seafarers) (Fees) (Amendment) Regulation 20116/2011
5.Dangerous Drugs Ordinance (Amendment of First Schedule) Order 20117/2011
6.Control of Chemicals Ordinance (Amendment of Schedule 2) Order 20118/2011

Other Paper

No. 58-Legal Aid Services Council Annual Report 2009-2010
(to be presented by the Secretary for Home Affairs)

II. Questions

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

Some members of the trade have pointed out that although the interpretation and enforcement of section 39E of the Inland Revenue Ordinance ("section 39E") by the Inland Revenue Department have profound implications on the operation of industrial and commercial enterprises, the Secretary for Financial Services and the Treasury ("SFST") has refused to amend the provision and has not arranged any meeting with me to discuss the issue of section 39E. In this connection, will the Government inform this Council:
    (a)given that despite my letters to SFST on 8 and 22 November and 1 December 2010 respectively, as well as the several phone calls from my office to his, to request for a meeting to discuss the issue of section 39E, I have never succeeded in securing the arrangement of such a meeting with SFST, of the reasons for SFST not meeting with me and whether the authorities have assessed if this approach of SFST is appropriate and effective for maintaining good communication with Legislative Council Members; if they have assessed, of the conclusion; if not, the reasons for that, and whether they will make such an assessment;

    (b)given that SFST indicated in his reply to the supplementary question of a Member of this Council on 24 November 2010 that he had conducted a lot of communication in great detail with the sectors through different opportunities and had conducted face-to-face communication with the sectors numerous times, yet he has not made any arrangement to meet with me, as the representative of the industrial sector (Industrial (Second)) in the Legislative Council, whether the authorities have assessed if the speech of SFST on 24 November has misled Members and was unfair to me; if they have assessed, of the details; if not, the reasons for that; and

    (c)whether the Government of the current term will consider invoking other mechanisms to review the issue of section 39E so as to develop the local economy and continuously enhance the competitiveness of the small and medium enterprises; if it will, of the details; if not, whether it is going to pass the review exercise to the Government of the next term?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

It has been reported that the turnover rate of the healthcare staff in obstetrics and gynaecology ("O&G") departments of the Hospital Authority ("HA") has been extremely high in recent years, directly affecting the O&G services provided in public hospitals. At present, only eight hospitals under the seven hospital clusters of HA provide O&G hospitalization and delivery care services. In this connection, will the Government inform this Council whether it knows:
    (a)the turnover rate of obstetricians and gynaecologists in public hospitals in each of the past 10 years; how the authorities will solve the problem of manpower shortages due to such turnover;

    (b)the respective numbers of pregnant women from the North District, Tai Po District and Sha Tin District among those using the O&G hospitalization and delivery care services of the Prince of Wales Hospital ("PWH") in the past five years; the respective percentages of the numbers of pregnant women from these three districts in the total number of pregnant women using the O&G hospitalization and delivery care services of PWH, with a breakdown by year; and

    (c)the criteria based on which the authorities decide whether a hospital should provide O&G hospitalization and delivery care services, and the details of such criteria; among the hospitals under HA, whether there are examples of those hospitals which have not fully met such criteria and yet they still or will offer O&G hospitalization and delivery care services; if there are such examples, the details; given that the O&G department of the North District Hospital provides midwifery clinic service only, the utilization rate of such service, and whether the authorities have any plan to provide O&G hospitalization and delivery care services at the North District Hospital; if so, the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

3. Hon CHEUNG Hok-ming to ask: (Translation)

It was reported that, before the amended section 28 of the Building Management Ordinance and the Building Management (Third Party Risks Insurance) Regulation came into operation on 1 January this year, some insurance companies took advantage of the unfamiliarity of some owners' corporations ("OCs") with the contents of the new regulation and claimed that the policies of third party risks insurance already taken out by them did not comply with the requirements of the new regulation and that they were required to take out extra insurance, resulting in such OCs paying excessive insurance premium. In this connection, will the Government inform this Council how the authorities will step up publicizing the new regulation to OCs so as to avoid their taking out unnecessary insurance mistakenly because they are unclear about the contents of the new regulation; how the authorities will follow up on cases in which insurance companies are suspected of having misled OCs into taking out extra insurance, and what measures are in place to strengthen the monitoring of the sale practices of the aforesaid insurance companies, and whether the authorities will assist the OCs concerned in recovering the premium for the extra insurance which they were misled into taking out?
    Public Officer to reply : Secretary for Home Affairs

    4. Hon Tanya CHAN to ask:     (Translation)

    According to a press release issued by the Government on 24 November 2010, the Government will allocate a government site of about 2 100 square metres in area on Borrett Road in Mid-levels West to the Office of the Commissioner of the Ministry of Foreign Affairs in Hong Kong ("OCMFA") at a nominal premium of $1,000 for its extension works. In this connection, will the Government inform this Council:
      (a)whether the Government will review its mechanism for allocating land to the offices of the Ministry of Foreign Affairs and other consulates in Hong Kong in response to the repercussion caused by this land allocation on the community; if it will, of the details; if not, the reasons for that;

      (b)given that the Government has pointed out that the land granted to OCMFA was originally zoned for "Government, Institution or Community" use and the Planning Department has also confirmed that the extension to be built by OCMFA on the land in question is of "Government use" and, therefore, it is not required to apply for planning permission from the Town Planning Board or conduct public consultation as stipulated in the Town Planning Ordinance, whether "Government" in "Government use" includes offices of the Central People's Government ("CPG's offices") in Hong Kong; if so, of the justifications; if not, the reasons for that; and

      (c)apart from this allocation of land to OCFMA for extension works, whether the Government has allocated other sites, sold or let properties to CPG's offices in Hong Kong (including the former Hong Kong Branch of the Xinhua News Agency, the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region and OCFMA), or has assisted such offices in their acquisition of land or properties through non-market channels, since 1 July 1997; if it has, of the details, including the premium, property price, rent, time of land allocation, date of purchase or starting date of lease of such properties, as well as the procedures for such transactions, etc.; if the Government cannot provide such information, of the reasons for that?
    Public Officers to reply :Secretary for Development
    Secretary for Constitutional and Mainland Affairs

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

    The Government, in creating the posts of Under Secretaries, had pointed out that one of their duties was to maintain regular liaison with Members of the Legislative Council ("LegCo Members"). However, recently the requests from myself and some LegCo Members to meet with some Under Secretaries to discuss policy matters have been rejected from time to time. In this connection, will the Government inform this Council:
      (a)of the LegCo Members from whom requests for meetings to discuss relevant policy matters had been received by each Under Secretary last year, the matters to be discussed at the meetings, whether their requests were acceded to, with a breakdown of the requests which were rejected, and the reasons for rejection; and

      (b)whether the Government has drawn up any guideline to facilitate Under Secretaries to effectively fulfill their duty of maintaining regular liaison with LegCo Members; if it has, of the details; if not, the reasons for that?
    Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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

    Given that the capacity of the three landfills in Hong Kong will be exhausted one by one in the next few years, the authorities decided last year to construct, at a cost of over $5.1 billion, Hong Kong's first sludge treatment plant at Tsang Tsui in Tuen Mun for treating sludge generated by the Harbour Area Treatment Scheme, in order to properly treat several thousand tonnes of waste in Hong Kong each day. Recently, the Environmental Bureau has also intended to construct Integrated Waste Management Facilities ("IWMF") with advanced incineration as the core technology at Tuen Mun in New Territories West or Shek Kwu Chau to the south of Lantau Island so as to alleviate the pressure on the landfills. In this connection, will the Government inform this Council:
      (a)given that when the Environment Bureau applied for funds in 2009 for the construction of the incineration facility at Tsang Tsui in Tuen Mun for the treatment of sludge, it had undertaken to actively follow up the 10 compensatory measures proposed by Tuen Mun District Council to improve the image and development of Tuen Mun, of the present progress; whether there is a timetable for the progress of improvement; if so, of the details; if not, the reasons for that;

      (b)of the present progress of the plan to construct IWMF at Tsang Tsui in Tuen Mun or Shek Kwu Chau; whether the environmental impact assessment reports have been completed; if so, when the outcome will be published; if not, when the reports will be completed; the views received by the Government in its consultation with the relevant District Councils ("DCs") and local residents on the matters; whether it will first obtain the support of the relevant DCs before making its final decision on the choice of the site; and

      (c)whether the Government has a set of fair, just and open standards in determining the site of the incineration facility; if so, of the details; if not, the reasons for that; given that New Territories West, particularly Tuen Mun, has already taken the lead in undertaking social responsibility for Hong Kong by not objecting to the construction of Hong Kong's first sludge incineration facility in the district, yet the Government will still construct another incineration facility there, whether the authorities have considered, during the assessment process, if such an act is fair; apart from the incineration facility to be constructed under the plan, whether the authorities have assessed if there is the need to construct more incineration facilities for waste treatment; if they have, of the assessment criteria and details?
    Public Officer to reply : Secretary for the Environment

    *7. Hon LEE Cheuk-yan to ask:     (Translation)

    Will the Government inform this Council, among the claims made by employees under Part VIA of the Employment Ordinance (Cap. 57) on employment protection handled by the Labour Tribunal in each year since 1998, of the respective numbers of cases which had been settled by mutual agreement between employers and employees, withdrawn by the claimants, awarded reinstatement or re-engagement, awarded terminal payments or compensation, and dismissed?
      Public Officer to reply : The Chief Secretary for Administration

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

      Recently there has been a spate of local cases of invasive pneumococcal infection among children and two of them were in critical condition at one time. Some parents have pointed out that the Government is duty-bound to examine the current policy at all times and provide children with the necessary preventive vaccines, so as to provide them with adequate health protection. In this connection, will the Government inform this Council:
        (a)of the average number of isolates of serotype 3 Streptococcus pneumoniae recorded in Hong Kong in each of the years from 2007 to 2010; whether the cases of infection caused by this type of pneumococcus bacterium have shown an upward trend, and whether there is a potential risk of an outbreak in the community;

        (b)given that invasive pneumococcal diseases are not statutory notifiable infectious diseases at present, and that the Centre for Health Protection ("CHP") under the Department of Health had only confirmed and made public the serotype 3 Streptococcus pneumoniae infection in question more than one month after occurrence of the aforesaid cases, of the current notification mechanism for pneumococcal infections; whether the authorities have plans to review the mechanism in future;

        (c)whether the authorities have collected information on the respective use of 7-, 10- and 13-valent Pneumococcal Conjugate Vaccine ("PCV") by various countries for protection against pneumococcus bacteria; if so, the countries currently using 7-, 10- and 13-valent PCVs (set out in table form); if not, of the reasons for that; and

        (d)what criteria have been adopted by the Scientific Committee on Vaccine Preventable Diseases under CHP in introducing vaccines against pneumococcus bacteria; whether the authorities will make reference to the practices of the United Kingdom, the United States or other places in Asia; if so, of the details; if not, the reasons for that?
      Public Officer to reply : Secretary for Food and Health

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

      As Mong Kok district is overcrowded with people and the roads are narrow, coupled with heavy traffic flows, congestion and dangerous conditions of vehicle-pedestrian conflicts frequently occur. For many years in the past, District Council members of the district and community members have repeatedly asked the Government to monitor the problem of large numbers of pedestrians gathering in the district because of narrow pedestrian walkways and over concentration of bus stops. In this connection, will the Government inform this Council:
        (a)of the criteria currently adopted by the authorities in vetting and approving bus companies' applications for erecting bus stops in busy areas; and whether they will consult the District Council concerned beforehand;

        (b)whether there is at present any restriction on the number of bus routes having buses stopping along the same road section; if there is no such restriction, whether it will consider imposing restrictions by legislation;

        (c)of the progress of the relocation plan of the offices of the Water Supplies Department ("WSD") and the facilities of the Food and Environmental Hygiene Department ("FEHD") at Sai Yee Street, and when the relocation is expected to commence formally;

        (d)given that some members of the Yau Tsim Mong District Council and community members have suggested that the sites vacated after the relocation of the facilities of WSD and FEHD in (c) should be used as a transport interchange for locating bus terminus, red minibus stands and green minibus stands in one place, so as to reduce the number of vehicle stops and ease congestion on roads, of the Government's position on the proposal, and whether it has conducted a feasibility study and the outcome thereof; and

        (e)how the authorities will improve the overcrowding conditions of the pedestrian walkways in Mong Kok at present; of the latest progress of the works to extend the footbridge system in Mong Kok, and when the works are expected to complete?
      Public Officer to reply : Secretary for Transport and Housing

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

      The Government's introduction of medical reform to balance the public and private health care services, as well as its efforts to promote the development of medical services, have made the development of private healthcare services a major trend, coupled with the demands for nursing services generated by community-based rehabilitation, the elderly care policy of ageing in place and psychiatric services, etc., hence the manpower of nurses is very tight. In this connection, will the Government inform this Council:
        (a)of the overall demand for nurses in each of the coming 10 years, together with a breakdown set out in the table below;

        Year Type of nurses Hospital Authority Department of Health Private Hospitals Non- governmental organizations Subsidized, subvented and private residential care homes for the elderly and persons with disabilities Others Total
        2011-2012Enrolled nurses






        Enrolled nurses
        (psychiatric)






        Registered nurses






        Registered nurses
        (psychiatric)








































        (b)of the anticipated number of places for the training of nurses in each of the coming 10 years, together with a breakdown set out in the table below;

        Year Type of nurses Universities Hospital Authority Private hospitals Total
        2011-2012 Enrolled nurses



        Enrolled nurses
        (psychiatric)



        Registered nurses



        Registered nurses
        (Psychiatric)

























        (c)whether it knows the breakdown of the turnover figures of nurses in the Hospital Authority ("HA") in each of the past five years (set out in the table below);

        Year Type of nurses experience
        0 to 3 years 4 to 6 years 7 to 10 years Over 10 years
        2005-2006 Enrolled nurses



        Enrolled nurses (psychiatric)



        Registered nurses



        Registered nurses (psychiatric)

























        (d)given that for the purpose of achieving savings, HA formulated in 2002 a policy under which newly recruited nurses will not be granted any increment within the first two years of their employment, whether it knows the number of HA nurses who were not granted any increment within the first two years of their employment each year since 2002; of the amount of savings achieved as a result; whether HA will consider removing the requirement that newly recruited nurses will not be granted any increment within the first two years of their employment, in order to reduce the wastage of nursing staff; if HA will do so, of the details and the time to remove the requirement; if not , the reasons for that;

        (e)given HA's indication that it will offer nursing staff better opportunities for promotion in order to retain nursing staff, whether it knows the breakdown of the number of HA nurses who were promoted to the following ranks in each of the past five years; and

        Rank 2006 2007 2008 2009 2010
        Nursing Officer




        Advanced Practice Nurse




        Nurse Specialist




        Senior Nursing Officer




        Ward Manager




        Department operations Manager





        (f)given HA's indication that Nurse Consultant positions have been created since 2008, whether it knows if HA will plan to create more Nurse Consultant positions in the coming five years; if HA will do so, of the specific timetable for creating such positions, as well as the specialties and hospital clusters involved (set out in table form); if not, the reasons for that?
      Public Officer to reply : Secretary for Food and Health

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

      It has been reported that quite a number of people in Hong Kong have chosen to get married on dates with special symbolic meanings (e.g. 8 August 2008, 9 September 2009, 10 October 2010, etc.). It is anticipated that 11 November 2011, 4 March 2012 and 4 January 2013, etc. will be favourite wedding dates for prospective wedding couples. On the other hand, some members of the public have pointed out that the current arrangements for booking and holding marriage ceremonies at government marriage registries lack flexibility. In this connection, will the Government inform this Council:
        (a)of the number of couples who got married in each of the past three years, and among them, the respective numbers of couples who used the services of the marriage registries and those of civil celebrants of marriage;

        (b)whether it has assessed, from 2011 to 2013, on which special dates the marriage registries will need to increase their service hours; of the respective numbers of couples that can be accommodated on these dates for their marriage registration; whether marriage registration fees for these dates will be adjusted;

        (c)whether it will increase the flexibility of marriage registries' services by, for example, further advancing the current three-month period before the planned date of marriage as the earliest appointment date of giving notice of intended marriage for online appointment booking, and extending the current 15-minute time limit for each wedding couple to use the marriage hall at the marriage registry; and

        (d)whether more government venues will be opened for wedding couples to hold special marriage ceremonies?
      Public Officer to reply : Secretary for Security

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

      As the number of drug abusers has increased in recent years, the demand for the services provided by the Counselling Centres for Psychotropic Substance Abusers ("Counselling Centres") has become bigger. Some frontline counsellors have indicated that since the Counselling Centres need to handle a large number of requests for assistance, the problem of shortage of manpower and resources has emerged. The problem has deteriorated particularly after the Government's introduction of the voluntary Trial Scheme on School Drug Testing in Tai Po District ("Trial Scheme"), which has prevented the Counselling Centres from further developing other services, e.g. sending staff to boundary control points to reach out to those who go to the Mainland to take drugs. In this connection, will the Government inform this Council:
        (a)of the respective numbers of cases seeking assistance received by the 11 existing Counselling Centres in the past three years, and the number of cases which needed to be followed up, as well as the age group and gender of the assistance seekers (set out in table form);

        (b)of the number of cases involving Hong Kong residents being arrested on the Mainland for taking drugs that the mainland law enforcement agencies had notified Hong Kong law enforcement agencies in the past three years, the age group and gender of the arrested, in which provinces/municipalities and locations they were arrested, and the penalties imposed by the mainland authorities (set out in table form);

        (c)given that quite a number of people choose to take drugs over the weekends and during public holidays, whether the number of students to be tested and the frequency of the tests under the Trial Scheme will be increased after classes resume; if so, of the details; if not, the reasons for that;

        (d)focusing on the problem concerning Hong Kong residents taking drugs in entertainment venues on the Mainland, apart from arranging for government officials and members of the Action Committee Against Narcotics to distribute publicity leaflets at boundary control points on an irregular basis, what specific measures and plans the Government has put in place to assist counselling agencies to launch relevant services; and

        (e)how the Government tracks the situations of those who return to Hong Kong after taking drugs on the Mainland, especially those who have already left school, so as to provide them with appropriate counselling and assistance?
      Public Officer to reply : Secretary for Security

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

      Regarding the development of diesel commercial vehicles, liquefied petroleum gas ("LPG") vehicles and electric vehicles ("EVs"), will the Government inform this Council:
        (a)of the respective numbers of LPG taxis and LPG public light buses in Hong Kong at present, their average life expectancy and service years upon retirement, and the levels of emissions (including respirable suspended particulates, nitrogen oxides, monoxides and hydrocarbons) of the aforesaid two types of vehicles introduced in each of the past 10 years, and the percentages of such levels of emissions in the total emissions in Hong Kong;

        (b)of the number of diesel commercial vehicles in Hong Kong at present, their average life expectancy and service years upon retirement, and of the levels of emissions of diesel commercial vehicles in the past 12 months and the percentages of such levels of emissions in the total emissions in Hong Kong, together with a breakdown by vehicle type and model;

        (c)whether the authorities had, in the past two years, studied using different ways to assist LPG taxi owners in switching to more environment-friendly vehicles or EVs; if they had, of the contents of the studies, as well as the estimated expenditure involved, vehicle replacement rate and impact on air quality of the vehicle replacement scheme; if not, the reasons for that;

        (d)given that in his Policy Address delivered on 14 October 2009, the Chief Executive announced that the Government would supply around 200 EVs to the local market in the 2010-2011 financial year and work with the two power companies to launch an EV leasing scheme by the end of 2010, of the progress of the two schemes and, among them, the progress of promoting the use of commercial EVs; given that in reply to a question raised by a Member of this Council on 19 May 2010, the Secretary for the Environment ("SEN") indicated that a British manufacturer of commercial EVs was planning to introduce various models of commercial EVs to Hong Kong in the second half of 2010, of the present progress of the plan concerned; and

        (e)given that in reply to a question raised by a Member of this Council on 19 May 2010, SEN also indicated that the Government and the two power companies would set up charging stations for EVs at 25 other locations by mid 2010, whether such charging stations have been set up; if not, of the reasons for that; whether there are plans to increase the number of charging stations; if so, of the details and timetable of the plan; if not, the reasons for that?
      Public Officer to reply : Secretary for the Environment

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

      I have recently received complaints from members of the public that the Government has spent huge amounts of public money on subsidizing children of civil servants to study abroad or in local international schools, yet it has refused to put in more resources to enhance the quality of local education. According to the 2010-2011 Budget, the funds earmarked for providing education allowances (including the Local Education Allowance, Overseas Education Allowance ("OEA") and School Passage Allowance) for civil servants amounted to nearly $1 billion, among which, the estimates for OEA amounted to $300 million, benefiting around 3 000 students. In this connection, will the Executive Authorities inform this Council:
        (a)how many directorate civil servants, who at present are receiving various education allowances, have arranged for their children to study in schools overseas or in local international schools; and

        (b)whether it has conducted any study to find out the reasons why the senior government officials in (a) have not arranged for their children to study in local mainstream schools, and whether it is directly or indirectly related to the authorities' lack of drive to actively enhance the quality of local education as alleged in the aforesaid complaints; if such a study has been conducted, of the conclusions?
      Public Officer to reply : Secretary for the Civil Service

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

      Quite a number of groups for elderly people and persons with disabilities ("PWDs") have complained to me that while members of the public can at present pay their telephone, electricity and gas bills and even public rental housing ("PRH") rent at convenience stores near their residence, government bills for water charges, rates and government rent can only be settled at post offices or other designated places. These groups have pointed out that since the places designated for payment of such government fees are not as numerous in number as convenience stores, members of the public, particularly the elderly and PWDs, have found it very inconvenient to pay these bills. In this connection, will the Government inform this Council:
        (a)whether the Government will immediately include all convenience stores in the list of places for payment of water charges, rates and government rent, so as to facilitate members of the public (particularly the elderly and PWDs) to pay such bills; if so, when it will do so; if not, of the reasons for that;

        (b)whether the Government will, for the sake of facilitating members of the public to pay various bills, immediately increase the number of post offices in various districts to put it on a par with the number of convenience stores; if it will, when it will do so; if not, of the reasons for that;

        (c)of the numbers and percentages of members of the public who paid water charges, rates and government rent at post offices and other designated places in each of the past five years; and

        (d)of the number of convenience stores in Hong Kong through which the Hong Kong Housing Authority collects PRH rent at present, as well as the existing number of places designated for payment of water charges, rates and government rent?
      Public Officer to reply : Secretary for Financial Services and the Treasury

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

      Currently, there are two civil service pension schemes, namely, the Old Pension Scheme ("OPS") and the New Pension Scheme ("NPS") which require civil servants in civilian grades serving on pensionable terms to retire at 55 and 60 respectively, and those who have joined OPS may even opt for early retirement. Some civil servants have relayed to me that with longer life expectancy of the population and diversified medical and health services in Hong Kong, most civil servants who have reached their retirement age are still physically fit and capable of giving full play to their strength and expertise at work. In this connection, will the Government inform this Council:
        (a)of the respective numbers of civil servants who are under OPS and NPS at present;

        (b)whether the authorities have measures in place to extend the retirement age of civil servants; if so, of the measures concerned; if not, the reasons for that; and

        (c)whether the authorities have any mechanism in place to enable civil servants who are currently under OPS to join NPS; if so, of the mechanism concerned; if not, the reasons for that?
      Public Officer to reply : Secretary for the Civil Service

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

      In 2008, the Government announced its plan to further reduce the coverage of the Frontier Closed Area ("FCA"), but due to security concerns about smuggling activities and illegal immigration, Sha Tau Kok town ("STK") was not excluded entirely from FCA. Some residents of STK have relayed to me that while they are disappointed that STK cannot be opened up for development concurrently with other FCAs, Government's plan of pushing the new FCA boundary up to the entrance to STK will also affect their daily lives. In this connection, will the Government inform this Council:
        (a)given that the area around STK and Chung Ying Street is still within FCA, and the authorities have not provided any timetable for opening up the area for development, whether the authorities have any plan to improve the residents' living environment and the community facilities in the area; if they have, of the details;

        (b)given that some residents have pointed out that Sha Tau Kok Chuen, the only public housing estate in STK at present, only provides a total of 662 housing units, and while the residents have been living in the estate for over 20 years, their children, who have reached marriageable ages, have to rent flats on the Mainland because they are unable to rent flats in the area, whether the authorities will identify sites within STK for construction of more public housing units to meet the needs of population growth in the area and to address the problem of overcrowded households there; if they will not, the reasons for that;

        (c)given that some residents have pointed out that the Closed Area Permits ("CAPs") issued to STK indigenous residents at present are valid for five years and printed on ordinary paper which is not durable and easily torn, whether the authorities will switch to using more durable material, such as that for the Hong Kong Identity Cards or the Hong Kong and Macao Residents Entry and Exit Permits (commonly known as "home return cards"), to print these CAPs, and consider issuing CAPs of 10 years' validity to indigenous residents to save them the need to apply for renewal once every five years; and

        (d)given that some residents have relayed that the existing community facilities in STK are inadequate, for example, not having fresh meat stalls in the area, which has caused much inconvenience to the residents who want to buy fresh meat, as they seldom go to the North District to buy meat due to the high transport fares, and if they travel to markets on the Mainland via Chung Ying Street to buy meat, the meat will be confiscated by the Customs and Excise Department when they bring it back to Hong Kong, whether the authorities will consider exercising discretion in handling cases of FCA residents bringing fresh meat back to Hong Kong, or providing new facilities such as markets or shopping malls in the area to improve the livelihood of the residents in the district?
      Public Officer to reply : Secretary for Security

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

      Regarding the design of train compartments and other facilities of the MTR Corporation Limited ("MTRCL"), as well as the project of retrofitting platform screen doors and automatic platform gates at stations, will the Government inform this Council:
        (a)given that in reply to a question raised by a Member of this Council on 9 June 2010, the Secretary for Transport and Housing indicated that:

        (i)MTRCL has encountered the problem of additional platform dwell time and some technical difficulties in the installation of automatic Mechanical Gap Fillers ("MGFs") at station platforms of East Rail Line stations, and had to continue to study the matter, whether it knows the progress of the study conducted by MTRCL in respect of the operation of MGFs at present; and

        (ii)amongst the 84 stations of MTRCL, public toilets are already available in 38, and except for Ngau Tau Kok, Prince Edward and Quarry Bay Stations, public toilets are available within a 200-metre distance of stations, whether it knows if MTRCL will plan to retrofit toilets at those stations where toilets are not available at present; if MTRCL will do so, the details and timetable; if not, the reasons for that; whether MTRCL still requires passengers to use public toilets available within a 200-metre distance of stations at present; if so, the reasons for that; the respective progress of projects to retrofit toilets at Ngau Tau Kok and Quarry Bay Stations, as well as the feasibility study on retrofitting toilets at Prince Edward Station currently conducted by MTRCL; the estimated completion time of the projects concerned;

        (b)given that in reply to a question raised by a Member of this Council on 3 November 2010, the Secretary for Transport and Housing indicated that there were in total 375 passenger-on-track cases at stations without platform screen doors in the past five years, of the stations at which such cases occurred; whether it knows if MTRCL has set out any specific timetable to retrofit platform screen doors or automatic platform gates for the East Rail Line and Ma On Shan Line; if so, the details; if not, the reasons for that;

        (c)of the number of sex crimes which occurred within the area of MTR stations in the past five years, and among such cases, the respective numbers of victims, persons being charged and persons convicted, broken down by the nature of crime;

        (d)of the measures implemented by the Government and MTRCL to prevent sex crimes from occurring within the area of MTR stations in the past three years, and whether they had reviewed the effectiveness of such measures; if they had, of the details; if not, the reasons for that; whether there are plans for enhancing such measures and introducing other new measures; if there are, of the details; if not, the reasons for that;

        (e)given that MTRCL has already removed entire rows of seats in quite a number of train compartments and replaced them with additional handrails and perch seats, whether it knows the reasons why MTRCL has conducted such conversion works, and when the aforesaid works commenced; at present, the number of trains on which such works have been completed and the percentage of such number in the total number of trains; the lines served by those trains and the percentage of the number of such trains in the total number of trains of the lines concerned (listed by the name of the lines); the number of additional passengers that each train may carry upon the completion of the aforesaid conversion works as estimated by MTRCL;

        (f)given that MTRCL launched the Priority Seats trial scheme in 2009 to encourage passengers to offer seats to those people in need, whether it knows if MTRCL has reviewed the effectiveness of the aforesaid trial scheme; if MTRCL has done so, the details; if not, the reasons for that; given that many pregnant women have relayed to me that they have encountered difficulties in boarding or alighting from trains when using rail services during rush hours, of the measures of the Government and MTRCL to assist those pregnant women;

        (g)whether it knows if all MTR stations (including every street-connecting entrances and exits in the stations) are equipped with stair lifts at present; if not, the reasons for that, and list by the name of the lines, the number and names of the stations which are not equipped with stair lifts; whether MTRCL will retrofit stair lifts at the entrances and exits of every stations; given that at present, users of stair lifts have to contact MTRCL staff an hour before using the stair lifts, so as to facilitate the relevant arrangements, of the reasons for imposing such a requirement, and whether MTRCL will remove the requirement;

        (h)given that it was reported that at present the maximum loading capacity of stair lifts installed along the handrail of stairs at stations is 250kg, whether it knows the arrangements to be made by MTRCL for passengers exceeding such maximum loading capacity; whether MTRCL has considered retrofitting lifts at all stations to facilitate wheelchair users; and

        (i)given that it was reported that MTRCL will place 3-coloured recycling bins in its 84 MTR stations in the first quarter of this year, whether it knows the specific timetable?
      Public Officer to reply : Secretary for Transport and Housing

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

      I have learnt that since the Lehman Brothers went bankrupt in September 2008, the Securities and Futures Commission ("SFC") has substantially tightened the vetting and approval of retail investment products. There have been criticisms that although SFC should enhance its protection for investors, it should not overdo things as to affect the normal market development of Hong Kong as an international financial centre. In this connection, will the Government inform this Council:
        (a)whether it knows the average number of applications received annually by SFC before September 2008 for launching investment products, the number approved among such applications and the average time for vetting and approving an application, with a breakdown by product type (including but not limited to unit trust, mutual fund, investment-linked assurance schemes and unlisted structured investment products);

        (b)whether it knows the total number of applications received by SFC to date since September 2008 for launching investment products, the number approved among such applications and the average time for vetting and approving an application, with a breakdown by product type (including but not limited to unit trust, mutual fund, investment-linked assurance schemes and unlisted structured investment products);

        (c)whether it has studied, when a comparison between the figures in (a) and (b) reveals that after September 2008, there has been a significant reduction in the proportion of applications approved by SFC for launching investment products and/or a substantial increase in the average time for vetting and approval:

        (i)the reasons for this;

        (ii)how long this situation or trend will last; and

        (iii)whether prolonged continuation of such situation or trend will have any adverse impact on Hong Kong as an international financial centre; and

        (d)given that I have received complaints from front-line bank staff that:

        (i)for various investment products, inadequate disclosure of information (e.g. management fees, trustee fees and custodian fees, etc. not being stated in prominent positions in offer documentation and marketing materials) may confuse investors, and SFC decided in May 2010 to introduce product key facts statements to address the problem, whether it knows if this measure has been fully implemented; if so, the market response and effectiveness of the measure; if not, when SFC plans to implement the measure fully; and

        (ii)the Hong Kong Monetary Authority or SFC has imposed restriction on front-line bank staff or intermediaries providing some materials, from issuers/distributors of investment products, which are potentially useful reference for investors (e.g. previous dividend records and annual interest rates of bond funds), of the reasons for imposing the restriction, and whether there is plan to review the existing measure?
      Public Officer to reply : Secretary for Financial Services and the Treasury

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

      The legislation on nutrition labelling has come into force since July 2010. Regarding the implementation of the legislation, will the Government inform this Council:
        (a)whether the authorities have conducted surveys to ascertain the public's level of awareness of nutrition labelling and change in attitude to the choice of food products since the implementation of the aforesaid legislation, so as to find out if the public know how to choose food products and develop healthy diets; and whether the authorities have reviewed the effectiveness of the publicity and education work on nutrition labelling conducted in the past; if so, of the outcome; if not, the reasons for that;

        (b)given that it was reported that the Centre for Food Safety had uncovered that, among some 240 food samples it tested earlier to verify nutrition information, one out of every eight pre-packaged food products had inaccurate information, of the details of the inaccuracies and breaches uncovered, together with a list of non-compliant food products, items on their labels with inaccurate information, the number of prosecutions instituted, and the rectifications made; and

        (c)whether the authorities will increase the number of food samples to be inspected to verify nutrition information and step up efforts on enforcement and prosecution, so as to ensure that the public can choose food products according to accurate nutrition labels, thereby developing healthy eating habits?
      Public Officer to reply : Secretary for Food and Health

      * For written reply

      III. Motions

      Proposed resolution under the Pharmacy and Poisons Ordinance

      Secretary for Food and Health to move the following motion:

      Resolved that the following Regulations, made by the Pharmacy and Poisons Board on 28 December 2010, be approved -

      (a)the Pharmacy and Poisons (Amendment) (No. 5) Regulation 2010; and

      (b)the Poisons List (Amendment) (No. 5) Regulation 2010.

      (The two Regulations are in the Appendix and
      were also issued on 4 January 2011
      under LC Paper No. CB(3) 371/10-11)

      IV. Members' Motions

      1. Proposed resolution under the Interpretation and General Clauses Ordinance

        Hon Miriam LAU to move the following motion:

        Resolved that in relation to the -

        (a)Minimum Wage (Criteria for Approved Assessors) Notice, published in the Gazette as Legal Notice No. 1 of 2011; and

        (b)Minimum Wage (Assessment Methods) Notice, published in the Gazette as Legal Notice No. 2 of 2011,

        and laid on the table of the Legislative Council on 12 January 2011, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 2 March 2011.

      2. Reviewing public finances policies

        Hon Paul CHAN to move the following motion: (Translation)

        That in the Budgets of the HKSAR Government in recent years, there have been big discrepancies in the forecasts of government revenue, budget surpluses and fiscal reserves, resulting in the incessant accumulation of fiscal reserves, but there are no clear criteria on what an appropriate level of fiscal reserves should be; at the same time, there are substantial accumulations in the Exchange Fund year over year, and the Government has set up, in different forms (e.g. fund), quite a number of 'small vaults' and owns many valuable assets (e.g. the shares of the MTR Corporation Limited and the Airport Authority), and that the financial strength of the Government can be described as enormous; however, despite the sustained economic growth of Hong Kong in the past decade or so, quite a number of low-income earners and the grassroots are completely unable to enjoy the benefits, giving rise to the phenomenon of the poor getting poorer and even the emergence of 'three have-nots' and 'five have-nots' in the society; in the past, the Government usually adopted across-the-board and one-off measures to return part of the surpluses to members of the public, but the relevant measures lacked long-term policy objectives and specific focuses, resulting in those who need help finding the measures insufficient to address their needs, and those who do not need help simply treating the measures as nice-to-haves and not caring at all; the increasing hardship of the livelihood of low-income persons has created social grievances and conflicts; with the Mainland's acceleration of full scale opening up and intensification of reforms as well as economic globalization, the economy of Hong Kong needs to be restructured, but the tax policy of Hong Kong has lagged behind the changes in business and competitive environment, thus threatening Hong Kong's competitiveness as an international financial, commercial and trade centre; moreover, Hong Kong's narrow tax base and the Government's over-reliance on land-related revenue poses the risk of instability to public finances; in this connection, this Council urges the Government to conduct a comprehensive and in-depth review of Hong Kong's policies and measures on taxation, social welfare and public finances, to clearly set an appropriate level of fiscal reserves, and to set up within the government structure a tax policy group with the employment of full-time tax experts to study the use of tax measures to dovetail with the Government's policies on economy and industries, upgrade Hong Kong's competitiveness as an international financial, commercial and trade centre, address the problem of poverty and eradicate social and economic inequalities.

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

        To add ", as" after "That"; to add "causing the poverty population to continue to grow substantially and" after "benefits,"; to add "as well as the rich getting richer," after "the poor getting poorer"; to add "intensifying" after "created"; to add ": (a)" after "this Council urges the Government"; to delete "and measures on taxation," after "Hong Kong's policies" and substitute with "on taxation and expenditure, such as expediting the introduction of a progressive tax system, so that while the problem of narrow tax base can be ameliorated, the wealth of Hong Kong can also be reasonably and evenly redistributed, thereby narrowing the disparity between the rich and the poor in the society; (b) to review Hong Kong's policies and measures on"; to add "including the establishment of a universal retirement protection system, so as to lessen the drastic increases in the Government's welfare expenditure caused by the ageing population in the future; (c)" after "public finances,"; and to delete ", and" after "set an appropriate level of fiscal reserves" and substitute with "; (d) to review Hong Kong's high land-price policy, so as to reverse the Government's over-reliance on land auctions as the main revenue source, thus preventing exorbitant land prices and rents from hindering Hong Kong's industrial and commercial development and the development of individual industries; and (e)".

        (ii)Hon CHEUNG Kwok-che to move the following amendment: (Translation)

        To add ", given that" after "That"; to add "tax regime, and especially in respect of profits tax, to consider computing the tax based on a progressive rate with a view to achieving a fairer distribution of social wealth, while at the same time reviewing the relationship between the present tax regime and the various contributory schemes, including the Mandatory Provident Fund schemes and the health insurance schemes currently under consultation, and considering counting the contributions concerned as tax already paid; moreover, this Council also hopes that the Government will review the" after "review of Hong Kong's"; to delete "taxation," after "and measures on"; to delete "to clearly set" after "public finances," and substitute with "including clearly setting"; and to delete "to set" after "fiscal reserves, and" and substitute with "setting".

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

        To add "the existing high land-price policy as well as" after "review of"; and to delete "set an appropriate level of fiscal reserves" after "clearly" and substitute with "specify that generally, it will already be sufficient to only maintain fiscal reserves at a level of not exceeding 15 months of government expenditure, to study relaxing the restriction that the Government's recurrent expenditure shall not exceed 20% of the Gross Domestic Product".

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

      3. Improving primary health care

        Hon LEE Wing-tat to move the following motion: (Translation)

        That the World Health Organization affirms in the Declaration of Alma-Ata on primary health care published in 1978 that the definition of health is not merely about the absence of diseases, but also refers to the state of complete physical, mental and social well-being, and primary health care seeks to attain the target of health for all; however, the health care system in Hong Kong at present is still based mainly on disease treatment and prevention, with a serious shortage of resources for primary health care work, and primary health care work is mainly confined to primary medical care, thereby failing to attain the target of promoting health for all; in this connection, this Council urges the Government to take measures to give effect to the Declaration of Alma-Ata, including:

        (a)to comprehensively improve primary health care and allocate additional resources for primary health care;

        (b)to set up a fund for promoting primary health care reform;

        (c)to formulate a co-ordination mechanism to facilitate full co-operation between relevant government departments and local organizations in making improvements in areas such as labour, education, housing, public facilities and food safety, etc., so as to promote public health;

        (d)focusing on various areas of health, to set 'Healthy People 10-year Indicators' and formulate work plans for individual health indicators;

        (e)to promote a campaign on healthy community and, through community organizations and government departments, mobilize community members to take part in planning and improving primary medical care in their communities, and fully utilize community resources to promote residents' health; and

        (f)having regard to the health problems and needs of different population groups, such as elderly persons, women, men, working people, youth and children, to devise various strategies and services and increase resources allocation, with a view to enhancing health education and services for disease prevention and control.

        Amendments to the motion
        (i)Dr Hon Joseph LEE to move the following amendment: (Translation)

        To add ", as" after "That"; to add ", and the World Health Report 2008 emphasizes once again that primary health care should be positioned to attach equal importance to both prevention and treatment as well as the development of comprehensive health care" after "target of health for all"; to delete "and" after "promote residents' health;"; and to add "; (g) to make estimates on the resources and manpower required for the provision of primary health care, so as to establish its way forward and related details; (h) to enhance the communication, co-operation and co-ordination among medical professionals in the public sector and private sector, with a view to more comprehensively finding out and meeting people's needs; (i) to expand health services teams for enhancing health care in schools, residential care homes for the elderly, etc., with a view to further implementing community-based health care and promoting holistic health; and (j) to encourage the general public to take part in caring for their own health, so as to strengthen their initiative and self-management in caring for their own health" immediately before the full stop.

        (ii)Hon CHAN Hak-kan to move the following amendment: (Translation)

        To add ", as" after "That"; to delete "primary health care work is mainly confined to primary medical care" after "care work, and" and substitute with "while at present primary health care work focuses on primary medical care, the modes of service delivery are still not satisfactory enough, and there is still an acute shortage of public medical care"; to add "(c) to improve the modes of provision of primary medical care, with a view to providing person-centred and community-based multi-disciplinary team services; (d) to improve public primary medical care and provide adequate resources to ensure that the socially disadvantaged and the elderly can more easily receive comprehensive primary medical care and nursing care;" after "health care reform;"; to delete the original "(c)" and substitute with "(e)"; to delete "and" after "public facilities" and substitute with ","; to add "and environmental protection" after "food safety"; to delete the original "(d)" and substitute with "(f)"; to delete the original "(e)" and substitute with "(g)"; to add ", public health, recreational and sports activities as well as urban design, etc.," after "primary medical care"; to delete the original "(f)" and substitute with "(h)"; and to add "including increasing the amount of Elderly Healthcare Vouchers to $1,000 and lowering the eligibility age to 65, providing elderly persons with public dental services, introducing a cervical cancer vaccination programme and a breast cancer screening programme for the suitable women, providing adequate services to attain the goal of early detection and early intervention, thereby assisting children with learner diversity problems, and launching a colon caner screening programme for people from age groups with higher risks," after "increase resources allocation,".

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

        To add "in 2008, the Government published the consultation document on health care reform entitled 'Your Health, Your Life', proposing to enhance primary medical care, and" after "That"; to add "(a) to promote territory-wide participation so as to forge a consensus on formulating a strategy and direction for promoting health for all; (b) to establish a database, and through scientific surveys, to find out the health conditions of people in various districts and groups;" after "Alma-Ata, including:"; to delete the original "(a)" and substitute with "(c)"; to delete the original "(b)" and substitute with "(d)"; to delete "primary health care reform;" after "fund for promoting" and substitute with "scientific research and service reform related to"; to delete the original "(c)" and substitute with "(e)"; to delete "and" after "housing, public facilities" and substitute with ", social welfare,"; to add "environmental protection, hygiene and cleanliness," after "food safety,"; to delete the originial "(d)" and substitute with "(f)"; to add ", as well as regularly review their progress and publish the relevant reports" after "individual health indicators"; to delete the original "(e)" and substitute with "(g)"; to delete "and" after "promote residents' health;"; to delete the original "(f)" and substitute with "(h)"; to add "following extensive consultation and" before "having regard to"; and to add "; (i) to conduct exchanges with other cities on the Mainland and overseas, with a view to learning and drawing lessons from their experience in promoting health for all; (j) to negotiate and collaborate with neighbouring places to establish a regional framework, so as to resolve the health problems of public concern; and (k) to extend the School Dental Care Service to secondary school students, so as to strengthen students' dental health care" immediately before the full stop.

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

        To add ", as protection of public health must start with prevention, and" after "That"; to delete ", and" after "social well-being" and substitute with "; it also points out that"; to add ", therefore the development and enhancement of primary medical care is the key to Hong Kong's health care reform" after "target of health for all"; to delete "and" after "promote residents' health;"; and to add "; (g) to explore the provision of appropriate assistance to encourage all people to undergo physical check-up, thereby achieving the targets of upgrading public health and lessening health care expenditure in the long run; (h) to increase allocation of resources to shorten elderly persons' waiting time for day surgery on diseases such as cataract and hernia; and (i) to increase the subsidy amount of Elderly Healthcare Vouchers to at least $1,000 a year, so that elderly persons can enjoy greater freedom in selecting the private primary medical care most appropriate to their needs" immediately before the full stop.

        (v)Hon Alan LEONG to move the following amendment: (Translation)

        To delete "primary health care work is mainly confined to primary medical care" after "health care work, and" and substitute with "while the Government has allocated an additional $4.1 billion and put forward a programme on developing primary medical care, the programme is steered solely by the concept of promoting family doctors, and lacks measures to help people to improve health in various aspects of daily life"; to add "to allocate funds from the $50 billion earmarked for health care reform" after "(b)"; to add "and make the social environment much healthier through efforts in different policy areas, such as expediting air quality improvement, strengthening the promotion of sports for all and setting maximum working hours, etc.," after "food safety, etc.,"; to delete "set" after "various areas of health, to" and substitute with "formulate long-term policies such as"; to delete "and" after "People 10-year Indicators' " and substitute with ", and"; to delete "and" after "promote residents' health;"; to add "for establishing additional elderly health centres and woman health centres, etc., so as to reduce the present waiting time of more than 24 months for elderly health centre services, explore the provision of regular physical check-up for grassroots, extend dental care service to the elderly, and provide a greater variety of vaccination programmes, such as human papillomavirus vaccination for preventing cervical cancer and 13-valent pneumococcal conjugate vaccination, etc." after "increase resources allocation"; and to add "; and (g) to more actively promote and advocate the importance of mental health among members of the public, increase funding for psychiatric service and set up a mental health council with members comprising medical workers, patients, patients' family members and other stakeholders, and expeditiously formulate a mental health policy, so as to co-ordinate primary mental health services and provide patients with basic, comprehensive, sustained and co-ordinated treatment and nursing care" immediately before the full stop.

        Amendment to Hon Alan LEONG's amendment
        Hon WONG Kwok-hing to move the following amendment:         (Translation)

        To add "health centres for men," after "establishing additional".

        (vi)Hon CHAN Kin-por to move the following amendment: (Translation)

        To delete "and" after "promote residents' health;"; and to add "; and (g) to allocate additional resources for members of the public to undergo health risk assessments and distribute health check vouchers to those aged 50 or above, so as to enable them to find out the changes in their physical health and seek early treatment, or to improve their health through physical exercises" immediately before the full stop.

        (vii)Dr Hon LEUNG Ka-lau to move the following amendment: (Translation)

        To delete "and" after "promote residents' health;"; and to add "; (g) to promote public-private partnership and expand the existing health care voucher scheme, so as to assist the elderly and low-income earners in receiving better primary medical care; and (h) to promote health screening programmes which have been medically proven to be effective, such as fecal occult blood test, etc" immediately before the full stop.

        Public Officer to attend : Secretary for Food and Health

      Clerk to the Legislative Council