A 10/11-30

Legislative Council

Agenda

Wednesday 1 June 2011 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentL.N. No.
Designation of Libraries Order 201198/2011

Other Papers

1.No. 95-Kowloon-Canton Railway Corporation Annual Report 2010
(to be presented by the Financial Secretary)

2.Report No. 23/10-11 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. Question under Rule 24(4) of the Rules of Procedure

Hon Alan LEONG to ask: (Translation)

Quite a number of food items in Taiwan have recently been found to contain carcinogenic plasticizer, and according to a study conducted by a university, 99% of the blood samples from 200 members of the public contain plasticizer, and the source of contamination may even be toys, food and other plastic products, but the Centre for Food Safety ("CFS") has not included plasticizer in the regular food surveillance programme of Hong Kong. In this connection, will the Government inform this Council:

    (a)what measures the Government has taken in the face of this incident to prevent Taiwanese food products which have been contaminated by plasticizer from being imported into Hong Kong; and how the authorities will track and test whether the food products previously imported from Taiwan have been contaminated by plasticizer;

    (b)given that plasticizer is widely used as an industrial raw material but CFS has not included it in the regular food surveillance programme of Hong Kong, and the food products imported from around the world may be contaminated by plasticizer, whether the authorities have, in respect of the process of handling imported food, established a mechanism with local governments around the world for crisis management and notification, so as to fully grasp information on food sources and prevent food products which have been contaminated by plasticizer from being imported into Hong Kong; and

    (c)given the results of the aforesaid study, quite a number of members of the public are worried about the impact on their health conditions, whether the authorities will announce as soon as possible how plasticizer is being used, its impact on human body and possible ways of contamination, so that the public can make timely prevention?
Public Officer to reply : Secretary for Food and Health

IIA. Questions

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

Since the incident of the collapse of a building at Ma Tau Wai Road, building safety has remained an issue of great public concern. Some members of the public have recently relayed to me that quite a number of flat units in old tenement buildings in Wong Tai Sin and Kwun Tong districts have been converted and divided into separate units (commonly known as "sub-divided units") for sale or letting purpose, posing a serious threat to the safety and management of the buildings concerned. In this connection, will the Government inform this Council:
    (a)given that in reply to a question of a Member of this Council on 1 December last year, the authorities indicated that they did not have statistical breakdown of cases of works concerning sub-division of flat units, whether they now have such information; if not, of the reasons for that; whether they know the respective numbers of legal and illegally converted sub-divided units in each of the 18 districts; if not, whether the authorities can expeditiously conduct a general survey in this respect, so as to obtain a full picture of the actual situation about sub-divided units in the buildings in Hong Kong;

    (b)of the number of complaints received by the Buildings Department in the past three years involving sub-division of flat units, and among them, the number of cases confirmed to be in contravention of the Buildings Ordinance after investigation; and in respect of the problems of the buildings caused by sub-division of flat units, whether the Buildings Department carries out regular inspections and takes follow-up actions at present to combat such problems; if it has, of the effectiveness of such efforts; if not, the reasons for that; and

    (c)given that the authorities indicated at the meeting of the Subcommittee on Building Safety and Related Issues under the Panel on Development of this Council on 27 July 2010 that they were conducting a comprehensive review of the building safety policy in Hong Kong and considering whether to further regulate sub-division of flat units, of the current progress of the review, and when the outcome of the review will be available and a clear account on the introduction of legislation to comprehensively regulate sub-divided units be given?
Public Officer to reply : Secretary for Development

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

A number of members of the public have approached me for assistance, indicating that they had sustained injuries in accidents in MTR stations, train compartments and controlled areas, and when they requested for compensation from the MTR Corporation Limited ("MTRCL"), it had unreasonably delayed its response and rejected their requests; they also feel very helpless and dissatisfied because they are unlike victims of ordinary traffic accidents who are able to receive assistance under the Traffic Accident Victims Assistance Scheme ("TAVAS") regardless of whether the accidents concerned were caused by their faults. I have also learnt that government departments have not assisted the injured persons in recovering the compensation in question. In this connection, will the Government inform this Council:
    (a)whether it knows the total number of accidents which occurred in the MTR network involving casualties among MTR passengers since the rail merger; the number of persons involved; whether MTRCL and its appointed insurance providers have paid damages or made different kinds of compensation under various categories to such injured persons; if yes, the amount involved; if not, the reasons for that;

    (b)whether it knows if MTRCL has taken out adequate accident insurance to safeguard passengers' interests; if yes, of the details of the protection coverage for passengers and the sum insured, and among the compensation cases in (a), the number of cases involving insurance compensation and the amount involved; if not, the reasons for that; and

    (c)whether TAVAS of the Social Welfare Department covers any accident which occurred in the MTR network; if yes, of the details; if not, the reasons for that; whether the authorities will extend the coverage of the scheme, e.g. by amending the Traffic Accident Victims (Assistance Fund) Ordinance to also cover passengers or members of the public injured in accidents which occurred in the MTR network, or whether MTRCL will establish a similar fund to make up for the deficiencies of TAVAS; if yes, of the details; if not, what measures the authorities have to protect passengers who were injured in railway incidents but have not received any damages or different kinds of compensation?
Public Officer to reply : Secretary for Transport and Housing

3. Hon CHAN Kin-por to ask: (Translation)

Most patients suffering from end-stage nephrosis need long-term dialysis treatment, but not only does dialysis fail to cure the disease, it also seriously downgrades the patients' quality of life. As such, kidney transplant is the only chance for them to gain a new life; yet, the number of patients waiting for kidney transplant in Hong Kong last year was much higher than the number of donations and the ratio of such two numbers was 20 to one, which was much higher than the corresponding ratios for lung (six to one), cornea (two to one), liver (one to one) and heart (0.6 to one). In this connection, will the Government inform this Council:
    (a)given that a telephone interview conducted by the Department of Health in 2007 revealed that about 70% of the respondents were willing to donate their organs after death, yet as at the end of last year, only about 70 000 members of the public had registered under the Centralised Organ Donation Register, representing only 1% of the total population, which was much lower than the outcome of the telephone interview, whether the authorities have reviewed the reasons for such significant discrepancy; besides, according to the data of the International Registry of Organ Donation and Transplantation, Spain's deceased donor rate of 34 donors per million population ("pmp") in 2009 was the highest in the world, and the rate in the European Union was 17 donors pmp on average, while that in Hong Kong was only about five donors pmp, whether the authorities have analyzed the causes of the much lower number of deceased donor organ donations in Hong Kong as compared to other places, so as to propose means to rectify the problem at source by adopting measures conforming to the traditional culture of the Chinese;

    (b)given that the number of living donor kidney transplants in Hong Kong accounted for less than 10% of all kidney transplants last year, which was much lower than the rate of 40% in the United Kingdom and the United States, whether the authorities have studied the problem of the rate of living donor kidney transplants in Hong Kong being much lower than that of the European and American countries, and make reference to the examples of other countries to educate the public that they need not wait until the end of life before making organ donations; and

    (c)given that "paired donation" (i.e. matching one pair of donor and patient to another pair of donor and patient) has become increasingly popular in many countries in recent years, leading to a significant increase in the number of living donor organ donations; and according to the statistics of the United States Department of Health and Human Services, the number of living donor kidney transplants through paired donation had surged from four cases in 2001 to more than 400 last year; but during the same period, the number of living donor kidney transplants in Hong Kong had dropped from 14 to seven cases, whether the authorities will consider exploring through enacting legislation and from various perspectives if "paired donation" may help the over a thousand of patients waiting for kidney transplant in Hong Kong?
Public Officer to reply : Secretary for Food and Health

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

It has been reported that the number of tax-exempt charities and fund-raising activities on the streets has continued to increase in recent years, the practices of quite a number of charities in soliciting donations are controversial and they even manage their finances in a black box. It has also been reported that it is rather easy for institutions to apply for tax exemption or raising funds on the streets, e.g. at present, any institution of a charitable nature can apply to the Inland Revenue Department ("IRD") for tax exemption so long as it meets the requirements under section 88 of the Inland Revenue Ordinance; and institutions intending to organize fund-raising activities on the streets are only required to apply for the relevant permits or licences from the government departments concerned. In this connection, will the Government inform this Council:
    (a)given that at present, when vetting tax exemption applications from charitable institutions or trust bodies, IRD ascertains whether they are of charitable nature on the basis of documentary proof submitted by them, whether it has reviewed the effectiveness of the aforesaid mechanism; whether it had refused to approve such applications in the past three years; if it had, of the details; whether the government departments responsible for approving applications for fund-raising activities on the streets will monitor or inspect the conduct of such fund-raising activities after granting approval to the applications; if they will, of the details; if not, the reasons for that; whether various government departments will coordinate or exchange information of the applicants so as to prevent institutions which violated the relevant regulations from submitting applications again;

    (b)whether there is legislation in place at present to regulate online fund-raising activities; if there is, of the details; if not, the reasons for that, and whether it will study introducing legislation to regulate such activities in the future; and

    (c)given that the Law Reform Commission of Hong Kong has finalized the consultation document concerning the legal and regulatory framework for charitable organizations in Hong Kong, when the Government will publish the document and implement the recommendations therein; of the short-term measures put in place by the Government at the present stage to step up regulation of such organizations and fund-raising activities on the streets?
Public Officers to reply:Secretary for Financial Services and the Treasury
Secretary for Labour and Welfare

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

In 2010, following a large number of stalling incidents in Hong Kong involving liquefied petroleum gas ("LPG") taxis and public light buses, the Electrical and Mechanical Services Department ("EMSD") set up the Task Force on the LPG Vehicle Stalling Incident ("the Task Force") to follow up the incidents. It was pointed out in the Investigation Report of the Task Force that the quality of LPG at Sinopec filling stations was suitable for use by LPG vehicles and did not affect the performance of vehicles. Moreover, the Task Force did not have any evidence to ascertain that the maintenance of LPG vehicles was a direct cause of the stalling incidents concerned. However, the Task Force considered that the maintenance and proper functioning of LPG vehicles were interrelated to a certain extent. Yet, it has recently been reported that hundreds of LPG taxis again stalled one after another. In this connection, will the Government inform this Council:
    (a)whether the authorities have compiled statistics on the number of cases of sudden stalling of taxis while travelling on roads last year; if they have, of the number of cases in which sulfur powder was found inside catalysts of taxis; if they have not, whether the authorities will consider recording such statistics in the future;

    (b)as some members of the industry have reflected to me that a certain number of LPG taxis still have stalling problems after recent maintenance, whether the authorities can explain in detail the relation between the aforesaid investigation results of the Task Force and the stalling incidents of taxis which happened one after another recently; and

    (c)whether the authorities have considered taking any new measure to solve the problem of frequent stalling of LPG taxis; if they have, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

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

In March this year, the Transport Department announced that it had awarded new licences for six major outlying island ferry routes. The new licences have been/will be effective from 1 April and 1 July this year respectively, with an average fare increase rate of about 10%. Regarding the fares and operation of outlying island ferry services, will the Government inform this Council:
    (a)as some members of the public have relayed to me that outlying island ferry services are the only means of transport for some of the outlying islands, and the Government must ensure that the fares of ferry services are maintained at a level affordable by residents of the outlying islands, whether the Government will study the imposition of a restriction that the rates of increase proposed by outlying island ferry operators must not exceed the inflation rate; if it will, of the details; if not, the reasons for that;

    (b)as the Government has pledged to reduce the holiday fare differential of outlying island ferry services to a maximum of 20% to address the dissatisfaction of residents of the outlying islands with the holiday fare differential, of the holiday fare differentials of the aforesaid six outlying island ferry routes after the new licences come into effect; in case the holiday fare differentials of some of the routes exceed 20%, whether it has assessed if the Government has breached its pledge to residents of the outlying islands; whether the Government will negotiate with the ferry operators regarding the weekday and holiday fare differentials so as to narrow the difference between them; and

    (c)as the Government has adopted a series of measures to help improve the financial viability of outlying island ferry services, e.g. providing a subsidy of about 120 million dollars to the aforesaid six outlying island ferry routes through reimbursing the ferry operators the vessel maintenance fee incurred and waiving the annual vessel survey fee and the private mooring fee of the vessels, etc., whether the Government has put in place a mechanism to review the effectiveness of such measures; if it has, of the details; if not, the reasons for that; whether it has assessed the impact of such measures on the setting and adjustment of the fares of ferry services by the ferry operators; if it has, of the details?
Public Officer to reply : Secretary for Transport and Housing

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

Regarding the policies and measures to attract outstanding talents to develop their career in Hong Kong, will the Government inform this Council:
    (a)of the number of talents admitted by the Government through the Quality Migrant Admission Scheme ("QMAS") in each of the past three years, broken down by the applicants' nationality, age, sex, profession, as well as by the number of family members they brought along, and whether they came to Hong Kong to take up employment or start their own business (list in table form);

    (b)whether the authorities have studied implementing any additional measures under QMAS (e.g. preferential policies such as providing tax concessions to people who migrate to Hong Kong through QMAS, and awarding extra points under the existing point-based tests of QMAS to applicants engaged in the six industries with competitive edge, etc.) so as to enhance Hong Kong's appeal to foreign professionals as well as the quality and competitiveness of Hong Kong's working population; and

    (c)as it has been reported that after the serious earthquake and radiation leak incident in Japan, some senior echelons of multinational enterprises were evacuated, and that to attract such talents, the Hong Kong Immigration Department ("ImmD") has made a special arrangement to expedite the vetting and approval of applications for entry visas to enter Hong Kong (i.e. the vetting and approval time has been shortened from four to six weeks to two days), of the total number of entry visa applications submitted from Japan which have been vetted and approved by ImmD since mid-March this year (list by type of visa), and among them, the number of those applicants who have been granted a visa and have already come to work or reside in Hong Kong; the percentage of such number in the total number of applications received; the respective numbers of applicants who are Japanese and those who are of other nationalities; whether it has planned to coordinate through QMAS to attract these talents to stay in Hong Kong to develop their career?
Public Officer to reply : Secretary for Security

*8. Hon TAM Yiu-chung to ask: (Translation)

At present, the Government only provides dental care services to primary school students, but quite a number of members of the public have recently relayed to me that junior secondary school (Form 1 to Form 3) students also have strong demand for dental treatment services, and they thus request the Government to extend the dental care services to junior secondary school students. In this connection, will the Government inform this Council:
    (a)of the number of attendances for dental treatment under the School Dental Care Service in each of the past three years;

    (b)whether the Government has planned to extend the dental care services to junior secondary school students in order to enhance the dental and oral health care for them; if it has, of the details; if not, the reasons for that; and

    (c)whether the Government has planned to bring in private dental practitioners to join the School Dental Care Service so as to provide dental services to junior secondary school students; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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

Regarding the installation and replacement of medical equipment in various hospitals within the Hospital Authority ("HA")'s clusters and the relevant mechanism, will the Government inform this Council:
    (a)whether it knows an inventory of the commonly used and essential items of medical equipment which are important and sizable and must be installed in both acute and non-acute hospitals, and the names of those hospitals which have not installed all such equipment; the important and sizable medical equipment which had been installed or replaced in each hospital within a cluster in the past five years, the expenditure incurred, the number of additional staff thus employed, the utilization rates of such medical equipment and the numbers of patients who had used such equipment, with a breakdown of the above by hospital cluster;

    (b)as some healthcare staff have pointed out that Magnetic Resonance Imaging ("MRI") scanners are important items of equipment which are commonly used in hospitals and important to patients in acute hospitals in particular, but some acute hospitals still have not yet installed such equipment, whether it knows the reasons for that; the factors to be considered by various clusters in determining whether individual hospitals need to procure MRI scanners, and a breakdown by cluster of the names of the acute hospitals which have not installed MRI scanners, the names of the acute hospitals which have installed MRI scanners, as well as the number of scanners installed and the respective years of installation; the names of the acute hospitals which will replace old MRI scanners with new ones, or those acute hospitals which will install the scanners and the timetable concerned, the utilization rates of the MRI scanners in various hospitals, the numbers of acute patients in various acute hospitals who were referred to other public or private hospitals to receive MRI services in 2010-2011, and the median waiting time of patients for receiving MRI services;

    (c)whether it knows the factors to be considered by various clusters in determining whether individual hospitals need to procure Computerized Tomography ("CT") scanners, and a breakdown by cluster of the names of the hospitals which have not installed CT scanners, the names of the hospitals which have installed CT scanners, the number of scanners installed and the respective years of installation, the names of the hospitals which will replace old CT scanners with new ones, or those hospitals which will install the scanners and the timetable concerned, the utilization rates of the CT scanners in various hospitals, the numbers of in-patients in various hospitals who were referred to other hospitals to receive CT scanning services in 2010-2011, and the median waiting time of patients for receiving CT scanning services; whether doctors in general outpatient clinics can directly refer patients to receive CT scanning services; if not, the reasons for that; and

    (d)the mechanism through which various clusters discuss and decide on matters relating to the procurement or replacement of medical equipment in various hospitals within a cluster; given that the Hospital Chief Executive of the major acute hospital in a cluster will concurrently serve as the Cluster Chief Executive and controls the deployment of manpower, allocation of resources and development of services in all the hospitals within the cluster, what channels are available for other hospitals to participate in discussing and monitoring the allocation of resources within the cluster and to achieve checks and balances, how HA monitors and ensures that the allocation of resources will not be tilted in favour of major acute hospitals and other hospitals are able to install and replace the medical equipment they need and develop their services in a timely manner?
Public Officer to reply : Secretary for Food and Health

*10. Hon Andrew LEUNG to ask: (Translation)

It is provided in legislation that passengers in the rear seats of taxis and public light buses ("PLBs") registered respectively on or after 1 January 2001 and 1 August 2004 are required to wear seat belts. It has been learnt that since the commencement of such provision in legislation, the casualty rate in the traffic accidents concerned has actually dropped. However, my office has received complaints from members of the public alleging that the rear seats of some taxis are not fitted with any seat belt, and the seat belts of some taxis and PLBs are damaged. In this connection, will the Government inform this Council:
    (a)whether the Transport Department checks during the annual examination of taxis and PLBs to ascertain if the seat belts are properly fitted and in good condition; if so, in case it is confirmed that there is problem in the fitting of or damage to the safety belts, whether it will refuse to renew the licence for the taxi or PLB concerned; if not, of the reasons for that;

    (b)among the traffic accidents involving taxis in the past 10 years, of the number of taxi drivers and passengers injured or even killed because they did not wear seat belts, and whether any problem in the fitting of or damage to safety belts was involved;

    (c)since the commencement of the provision in legislation that passengers in the rear seats of taxis and PLBs are required to wear seat belts, of the respective numbers of verbal warnings and summons issued so far by the authorities; and among such cases, of the number of repeated offenders involved; and

    (d)given that it is stipulated in the existing legislation that passengers who fail to wear seat belts are liable to a fine of $5,000 and imprisonment for three months, whether the authorities will consider raising the penalty for repeated offenders?
Public Officer to reply : Secretary for Transport and Housing

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

Regarding the Smoky Vehicle Control Programme, will the Government inform this Council:
    (a)given that despite the authorities' previous efforts to ameliorate the problem of smoky vehicles, the Environmental Protection Department ("EPD") has projected that 9 000 smoky vehicle cases will be handled this year, which is similar to those in the past two years, of the reasons for the number of smoky vehicles to be handled not being reduced;

    (b)as EPD has projected that out of the 9 000 smoky vehicles cases to be handled this year, the authorities will test the vehicles in 7 900 cases only, why the vehicles in the remaining 1 100 cases are not required to be tested;

    (c)among the smoky vehicles which had undergone smoke tests in the past three years, of the number of those which underwent the tests within the prescribed period of 14 working days; the number of those which did not undergo the tests within 14 working days, as well as the average number of working days and the maximum number of working days within which these vehicles underwent the tests;

    (d)among the smoky vehicles which had undergone the tests in the past three years, of the number of those with emissions exceeding the prescribed limits, as well as the exceedances involved;

    (e)whether it had studied in the past three years how far the emission levels of smoky vehicles which did not undergo the tests or repairs and improvement would exceed those of the vehicles in general when those smoky vehicles continued to travel on roads;

    (f)whether it will tighten the time limit for smoky vehicles to undergo the tests so as to ensure that vehicles travelling on roads will not pollute the air; and

    (g)what measures it has to further ameliorate the problem of smoky vehicles?
Public Officer to reply : Secretary for the Environment

*12. Dr Hon David LI to ask:

With regard to the school places for local students in Private Independent Schools ("PISs"), will the Government inform this Council:
    (a)given that in reply to a question raised at the meeting of this Council on 16 March this year, the Secretary for Education stated that local students studying at international schools include students who are Hong Kong permanent residents (with the right of abode in Hong Kong Special Administrative Region) and do not have any foreign passport (except British National (Overseas) Passport), while in response to my question at the meeting of this Council on 17 October 2007, the Secretary for Education indicated that, "since PISs are intended to serve a more locally-based student body, we generally expect the 'local children' served by these schools to be permanent residents of Hong Kong.", why the Education Bureau has adopted different definitions for "local" students/children in such two contexts (i.e. for international schools and for PISs);

    (b)for each PIS currently in operation, of the total amount of construction grant provided by the Government; for the 2010-11 school year, the total number of applications received and the number of students admitted at each grade; as well as the total number of students enrolled, and among them, the number of local students (in terms of the definition of local students/children for PISs and that for international schools respectively);

    (c)in terms of the definition of local children for PISs, of the total number of local students enrolled at international schools in Hong Kong, with a breakdown by name of school and presented in the same table format as in the aforesaid reply to the question of 16 March this year;

    (d)whether the Government has made any estimation on the total number of primary one school places required for local children (who are children of permanent residents of Hong Kong and who hold a foreign passport) and the places available for them at both international schools and PISs in the coming three years; if it has, of the details; and

    (e)as it has been learnt that some parents and school administrators expressed concerns about the level of the annual government subsidies to the English Schools Foundation and how many school places are available for students who are children of permanent residents of Hong Kong and who hold a foreign passport, whether the Government has acknowledged their concerns, and whether it has any policy to provide additional school places for these students at an affordable fee to address their concerns?
Public Officer to reply : Secretary for Education

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

According to recent media reports, the MTR South Island Line project has commenced, coupled with the launch of the revitalization of industrial buildings scheme by the Government, a number of private developers have abandoned their original hotel development plans in the Wong Chuk Hang Business Area ("WCHBA"). In this connection, will the Government inform this Council:
    (a)whether the authorities have conducted any consultation on the development plan for WCHBA; if they have, of the details, including the respective numbers of consultation activities conducted and participants in each activity;

    (b)of the number of applications for planning permission in respect of hotel developments on the sites in WCHBA approved by the authorities so far; the total area of the sites concerned, and the percentage of the total area of such sites in the total land area of WCHBA; whether it knows, among these sites, the respective areas of the sites on which hotels have been built and the sites on which hotels will be built within this year, as well as the developers who will convert the land use from hotel purpose to commercial building purpose instead; whether such conversion of land use requires approval from the authorities; if so, of the criteria adopted by the authorities in considering whether to grant approval for such conversion; if not, the reasons for that; and

    (c)whether the authorities were inclined to convert the land use of WCHBA to hotel purpose when it initially implemented the revitalization of industrial buildings scheme in WCHBA; if they were, whether they will review afresh the development direction for WCHBA and consult the public again in this regard as the progress of such revitalization scheme has been unsatisfactory so far; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

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

Recently, there was a serious incident in which a Light Rail train collided with a vehicle on the road and was derailed, resulting in over 20 people being injured. Regarding traffic safety of the Light Rail, will the Government inform this Council:
    (a)of the number of traffic incidents involving Light Rail trains and the casualties involved in each of the past three years, as well as the respective major causes of the above accidents;

    (b)of the improvement measures to enhance traffic safety of the Light Rail, in the light of the above accidents; and

    (c)whether it will review the current Light Rail network and improve the design of traffic light signals at the relevant roads, and whether it will consider studying the alternatives of running the Light Rail on viaducts or tunnels in the future?
Public Officer to reply : Secretary for Transport and Housing

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

Regarding the electricity consumption in Hong Kong, will the Government inform this Council:
    (a)of the respective electricity generation costs incurred, electricity output produced and volume of electricity sold by the power companies in Hong Kong in each of the past five years; whether it knows how the power companies handle surplus electricity (broken down by power company);

    (b)whether it knows the respective electricity consumption of various types of customers and the respective percentages of such volumes in the total electricity production volume and total proceeds from electricity sales of the power companies in each of the past five years, broken down by year and by power company, and set out in table form as follows;

    CLP Power Hong Kong Limited        Year:                   

    		Residential
    customers    		General Service
    Tariff customers    		Bulk Tariff
    customers    		Large Power
    Tariff customers
    Electricity consumption
    (percentage in total electricity consumption)



    Proceeds from electricity sales
    (percentage in total proceeds from electricity sales)




    Hongkong Electric Company Limited        Year:                   

    		Domestic Tariff
    customers    		Commercial, Industrial
    & Miscellaneous
    Tariff customers    		Maximum Demand
    Tariff customers
    Electricity consumption
    (percentage in total electricity consumption)


    Proceeds from electricity sales
    (percentage in total proceeds from electricity sales)



    (c)whether it knows the respective number of customers to whom CLP Power Hong Kong Limited offered regressive and progressive rates in each of the past five years; and the percentage of the volumes of electricity involved in the annual electricity sales volume;

    (d)given that an interim review will be carried out every five years according to the mechanism under the Scheme of Control Agreements ("SCAs") signed between the Government and the power companies in Hong Kong, whether the Government will add new terms and requirements on energy conservation to SCAs in the next or future interim reviews;

    (e)whether the Government had promoted energy conservation on the basis of "Demand Side Management" ("DSM") in the past three years; if so, of the details and its effectiveness; if not, the reasons for that; whether it had conducted respective assessments on the emission reduction benefits achieved by methods such as DSM energy conservation approach, energy efficiency enhancement and nuclear energy development, etc.; if so, of the details; if not, the reasons for that; and

    (f)whether it has studied, with the adoption of the DSM energy conservation approach to reduce energy consumption in residential and commercial buildings, how much energy will need to be saved in Hong Kong in order to offset the amount of energy supplied by increasing the proportion of nuclear power and thereby obviating the need to substantially increase the proportion of nuclear power?
Public Officer to reply : Secretary for the Environment

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

Regarding the application of renewable energy ("RE"), will the Government inform this Council:
    (a)of the percentage of electricity from RE sources in the total electricity consumption of government bureaux and departments in the past five years; among the government office buildings, of the number and the percentage of building blocks at which RE power generation facilities have been installed at present; whether the Government will set a target percentage of electricity from RE sources in its total electricity consumption, and install RE power generation facilities at all of its buildings wherever this is technically feasible, so as to take the lead and set an example in this respect; if it will not, of the reasons for that;

    (b)as I have received views that there are great difficulties in installing RE facilities at present, including the cumbersome requirements and procedures for approval of the Buildings Department and the high cost for connection to electricity grids, etc., thus discouraging quite a number of interested parties, of the number of buildings (apart from those buildings of the Government) at which RE power generation facilities are installed at present; of the general procedures for installing RE facilities at private residential buildings and organizations at present; whether the authorities have looked into the difficulties that might be encountered during the process; whether they know the number of applications received by the authorities as well as power companies for installing RE facilities and connecting to electricity grids for private residential buildings and organizations in the past three years; among such applications, of the number and percentage of those approved, and the average cost for connecting to electricity grids; whether the authorities have conducted analysis on the various installation costs of RE facilities at present; if they have, of the outcome of analysis; and

    (c)whether the authorities will study the following issues: simplifying the procedures required for using RE facilities, lowering the installation costs (including lowering the cost for connecting to electricity grids), facilitating the public to use the latest RE technology, developing reference prototypes on the infrastructure required for installing RE facilities, providing typical examples for reference by the industry and public on the installation of power generating facilities using solar and wind energy on the rooftops of common buildings and detached houses, and conducting analysis on the installation procedures and costs, etc.; whether the authorities will consider providing financial and other incentives to attract more private buildings and organizations to use RE, studying the introduction of requirements for all new buildings to install RE power generation facilities, setting an indicator on the percentage of using RE, and requiring the power companies to set a target percentage of their total generating capacity to be met by RE sources?
Public Officer to reply : Secretary for the Environment

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

Recently, various media have successively uncovered that there are quite a number of unauthorized building works ("UBWs") in various districts throughout the territory. Furthermore, many village houses in the New Territories had additional storeys illegally built, and some even involve unauthorized occupation of government land. At the same time, the media have uncovered quite a number of cases in which District Council members ("DC members"), Legislative Council Members ("LegCo Members") and accountable officials are suspected of erecting UBWs, illegally building additional storeys in their properties and occupying government land without authorization. Some members of the public criticize that the Government knowingly ignore the issues of UBWs and building safety. In this connection, will the Government inform this Council of each of the following:
    (a)of the respective numbers of government staff dedicated to handle cases of UBWs, additional storeys built illegally and unauthorized occupation of government land on Hong Kong Island, in Kowloon and the New Territories at present (to be listed in the following table):

    Government departmentNumber of staff for Hong Kong IslandNumber of staff for KowloonNumber of staff for the New Territories

















    (b)of the numbers of prosecutions instituted by the Government regarding cases of UBWs, additional storeys built illegally and unauthorized occupation of government land on Hong Kong Island, in Kowloon and the New Territories over the past five years (to be listed in the following table):

    YearNumber of prosecutions
    Hong Kong IslandKowloonNew Territories
    2010


    2009


    2008


    2007


    2006



    (c)of the numbers of cases in which the Government was required to deploy manpower to take clearing action on UBWs, additional storeys built illegally and unauthorized occupation of government land in each of the past five years; and the aggregate amount of public money incurred in these clearing actions; and

    (d)whether it has estimated the manpower to be mobilized and the amount of public money to be used in the event that the Government is required to take clearing action on the aforesaid cases of UBWs, additional storeys built illegally and unauthorized occupation of government land involving the properties of DC members, LegCo Members and accountable officials; whether the expenses incurred are to be borne by the public?
Public Officer to reply : Secretary for Development

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

In recent months, there were a number of incidents of fresh water mains burst in Hong Kong which affected the supply of fresh water. In particular, the areas affected by the incident of the sudden burst of an underground fresh water mains at Wong Nai Chung Road in Happy Valley which occurred in the early morning of 1 March 2011 were the most extensive, covering Wong Nai Chung Road, Blue Pool Road, Leighton Road, Leighton Hill and the Causeway Bay area, and included Ruttonjee Hospital as well as a number of hotels and eateries in Causeway Bay. In this connection, will the Government inform this Council:
    (a)of the particulars of the detailed contingency plan of the Water Supplies Department ("WSD") in response to an incident of fresh water mains burst;

    (b)of the time WSD needs to make deployment for the provision of temporary water supply following an incident of fresh water mains burst;

    (c)of the total number of fresh water mains burst incidents handled by WSD in each of the past three years, together with a breakdown by the 18 District Council districts; among such cases each year, of the information of the 10 cases with the longest duration of water supply suspension, including the date and time of the incident, time taken to isolate burst mains upon receipt of report, duration of suspension of water supply, whether temporary water supply was provided, and the time taken by WSD to start to provide temporary water supply after the burst;

    (d)among the cases of fresh water mains burst reported in the past three years, of the number of those in which the performance target regarding the time taken to isolate burst mains was not met, and the reasons for failing to do so;

    (e)among the cases of fresh water mains burst reported in the past three years, of the number of those in which the performance target regarding the duration of water supply suspension was not met, and the reasons for failing to do so;

    (f)of the respective numbers of water tanks and water wagons used for providing temporary water supply in each of the four operational regions of WSD, and the location for storing these tanks and wagons; and

    (g)given that the Government has indicated that it might be necessary to increase the number of water wagons for providing temporary water supply to meet the need in emergency situations, of the details and the amount of funding required?
Public Officer to reply : Secretary for Development

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

The Hong Kong Tourism Board ("HKTB") outsourced the daily operation of the Quality Tourism Services ("QTS") Scheme in December 2010, and all mediation work regarding complaints involving QTS-certified merchants is passed to the Consumer Council ("CC") for central handling since February this year. A merchant who participated in QTS Scheme has complained to me that the quality of QTS Scheme has been deteriorating since HKTB outsourced the operation of the Scheme, and that HKTB has turned a blind eye to the suspected "unauthorized use" of the QTS decals by some merchants for a long time. The merchant who lodged the complaint eventually decided to withdraw from the Scheme. In this connection, will the Government inform this Council:
    (a)whether it knows the reasons for HKTB to outsource QTS Scheme; the amount of expenditure so reduced; the monitoring policy on QTS Scheme after outsourcing; whether QTS-certified merchants were consulted before and after the outsourcing of QTS Scheme;

    (b)given that according to the aforesaid complaint, some merchants have made "unauthorized use" of the QTS decals for as long as six months but HKTB still turns a blind eye to it, whether it knows the reasons for that and the number of similar complaint cases received;

    (c)whether it knows if the arrangement for CC to centrally handle all mediation work regarding complaints involving QTS-certified merchants was made on the basis of the consideration to enhance efficiency in resolving complaints; and what data are available to reflect the effectiveness of this measure; and

    (d)whether it knows if CC needs to set aside additional funding and manpower resources to deal with the increased number of complaint cases arising from the aforesaid "outsourcing" arrangement?
Public Officer to reply : Secretary for Commerce and Economic Development

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

Regarding the reply given by the Secretary for Security ("the Secretary") to my question on the development of the Frontier Closed Area ("FCA") asked at the meeting of this Council on 18 May this year, will the Government inform this Council:
    (a)given that the Study on the Enhancement of the Sha Tau Kok Rural Township and Surrounding Areas, which the Planning Department commenced in April 2009, was originally scheduled to be completed in 20 months, of the reasons for the Government's delay in publishing the results of the Study; of the scheduled time to publish the results; whether the areas of the Study covered ways to promote industrial and commercial development as well as increase employment opportunities;

    (b)whether it will set a timetable for implementing the aforesaid results of the Study; if it will, of the details; if not, the reasons for that;

    (c)given that according to the Secretary's aforesaid reply, to ensure effective management of FCA, any person entering or leaving FCA must possess a valid Closed Area Permit ("CAP"), of the reasons why smuggling and illegal immigration activities in Sha Tau Kok still persist; of a breakdown by year of the number of smuggling and illegal immigration activities in Sha Tau Kok since Hong Kong's reunification with China ("the reunification") and how such numbers compare with the relevant territory-wide numbers;

    (d)of the number of applications from students or members of uniformed groups to the Police for CAP since the reunification, together with a breakdown by year, type of the group concerned, number of people involved and result of the application, and of the reasons for not approving some of the applications;

    (e)whether the Government has any plan to set up a proper boundary control point at Chung Ying Street, taking into consideration its unique physical setting, so as to facilitate the public to enter and leave the area; if it has, of the details; if not, the reasons for that;

    (f)when the Sha Tau Kok pier was formally completed and commissioned for service, as well as its usage rate; of the reasons for the Government completing the construction of the pier first but not opening it up for tourists' access to the outer islands in northeastern New Territories;

    (g)whether the Government has assessed how the opening up of Sha Tau Kok Town and the Sha Tau Kok pier will affect the Police in continuing to maintain effective boundary management; and of a detailed list of the problems anticipated;

    (h)of the total number of Closed Road Permits for access to the Sha Tau Kok FCA issued by the Hong Kong Police Force since the reunification, with a breakdown by year and the average validity period of the permits issued; and whether it has set an upper limit on the number of permits granted each year;

    (i)as some villagers have pointed out that the Sha Tau Kok Government Offices Building ("STKGOB") is actually non-existent and the Building is merely a post office, whether the Government can provide the operational details of STKGOB, including the government services provided, the manpower and operational expenditure involved and whether the services concerned include those of the Home Affairs Department; and

    (j)whether the Government has assessed the demand of the residents of Sha Tau Kok for a community hall; whether it has any plan to build a community complex in Sha Tau Kok; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

* For written reply

III. Bills

First Reading

Pyramid Schemes Prohibition Bill

Second Reading (Debate to be adjourned)

Pyramid Schemes Prohibition Bill : Secretary for Commerce and Economic Development

IV. Motions

Proposed resolution under the Disability Discrimination Ordinance

Secretary for Labour and Welfare to move the motion in the Appendix.

(The motion was also issued on 27 May 2011
under LC Paper No. CB(3) 800/10-11)

V. Members' Motions
  1. Formulating a development strategy for a low-carbon traffic and transport system

    Ir Dr Hon Raymond HO to move the following motion: (Translation)

    That traffic and transport, which accounts for 18% of Hong Kong's total greenhouse gas emissions, is the second largest emission source; this Council urges the Government to formulate a development strategy for a low-carbon traffic and transport system as soon as possible, so as to fully implement the sustainable development principle, and when formulating the strategy concerned, the relevant authorities should proactively consider the various development objectives, including the following:

    (a)to integrate land use planning with planning on transport facilities;

    (b)to give priority to developing railway networks and expedite the expansion of the existing railway networks;

    (c)to install additional ancillary interchange facilities at the stations along the railway lines;

    (d)to promote green modes of traffic and transport as well as application of related techniques;

    (e)on the premise of not exerting pressure on passengers' affordability, to implement the use of zero-emission buses in Hong Kong;

    (f)to strengthen co-operation with the Pearl River Delta Region to promote green transport systems;

    (g)to proactively develop pedestrian facilities and pedestrian precincts; and

    (h)to promote a healthy lifestyle and encourage people to travel on foot or by bicycle between destinations which are within appropriate distance.

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

    To add ", given that" after "That"; to delete ";" after "emission source" and substitute with ", but the Government has all along not adopted any decisive, effective and focused measures in this connection,"; to add "to proactively study the provision of private car parking spaces for establishing 'Park and Ride' points at the stations along the various cross-harbour MTR lines, so as to encourage people to park their cars at such stations and change to travel on public transport to cross the harbour, thereby alleviating the burden on the traffic flow of the various tunnels;" after "railway lines;"; to add "; to urge bus companies to expand and increase the provision of interchange concessions and services which appeal to passengers, and expedite the reorganization and perfect the arrangement of bus routes, so as to avoid the overlapping of bus routes, relieve traffic congestion and reduce air pollution" after "in Hong Kong"; to delete "and" after "pedestrian precincts;"; and to add "; (i) focusing on the situation where the Government has all along not attached any importance to the roles and functions of travelling on foot and cycling in the traffic and transport system of Hong Kong, to include travelling on foot and cycling in the formulation and planning of its overall transport policy, so as to truly foster the development of a low-carbon traffic and transport system, while at the same time proactively develop and improve the footbridge and subway networks in the districts, as well as install covers, escalators and lifts along district pedestrian walkways to minimize conflicts between pedestrians and vehicular traffic; (j) focusing on the Government's stance that cycling is only a form of recreational activity, to formulate a long-term cycling policy and perfect bicycle management facilities (such as cycle parks) and their operation in the various districts; (k) by way of financial subsidy or franchise extension, to push ahead the early phasing out and replacement by bus companies of franchised buses with high emissions, and immediately install emission reduction devices on all buses that have not been phased out or replaced; and (l) to increase the number, usage and types of electric vehicles; and also to perfect and strengthen complementary facilities to tie in with the introduction of electric vehicles" immediately before the full stop.

    (ii)Hon Tommy CHEUNG to move the following amendment: (Translation)

    To add ", given that the issue of global warming has aroused widespread concern, and" after "That"; to delete ";" after "emission source" and substitute with ","; to delete "and" after "pedestrian precincts;"; and to add "; (i) to enhance the existing scheme for encouraging owners of Euro II diesel commercial vehicles to phase out their old vehicles, including enhancing the mode of subsidization, and include Pre-Euro and Euro I vehicles into the scheme, as well as allow those vehicle owners who only write off their old vehicles to also receive subsidies under the scheme, etc.; (j) to re-launch and enhance the Scrapping Incentive Scheme, so as to expedite the phasing out of old private cars; and (k) to perfect charging and other ancillary facilities, so as to prepare for the popularization of electric vehicles" immediately before the full stop.

    (iii)Hon IP Wai-ming to move the following amendment: (Translation)

    To add "at present," after "That"; to delete "to give priority to developing railway networks and expedite" after "(b)" and substitute with "while giving priority to developing railway networks, to balance the sustainable development of other modes of public transport such as franchised buses, public light buses and taxis, etc., so as to avoid relying too much on one single mode of transport, causing transport domination by the railway corporation; and, while expediting"; to add ", to also fully consult the public transport industry and members of local communities before commencing any project" after "existing railway networks"; to delete "at" after "interchange facilities" and substitute with "in the various communities around"; to add ", increase the number of interchange fare concession schemes, and encourage the railway corporation to provide more fare concession schemes and monthly ticket schemes to attract members of the public to use" after "railway lines"; to add ", including expeditiously expanding extensively electric vehicle charging facilities throughout Hong Kong" after "techniques"; to add "to draw up a replacement timetable" after "passengers' affordability,"; to add ", and at the same time assist the public transport industry in introducing hybrid or electric minibuses and taxis as replacement" after "in Hong Kong"; and to delete "between destinations which are within appropriate distance" and substitute with "develop a territory-wide network of cycle tracks at the same time, perfect the relevant feeder transport services and ancillary facilities, and strengthen road safety education for cyclists, so as to progressively upgrade cycling from leisure and recreational use at present to a formal mode of transport" immediately before the full stop.

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

    To add ", given that" after "That"; to delete ";" after "emission source" and substitute with ","; to add "and to consider setting up a public transport fare stabilization fund to make fare levels affordable to people, with a view to encouraging people to travel on the low-carbon mass transit system more frequently," after "principle,"; to add ", for example, perfecting and providing additional bicycle parking spaces" after "railway lines"; to add ", for example, constructing light rail transit systems to connect the Kai Tak New Development Area and its nearby places as well as the new development areas of Fanling North, Kwu Tung North and Ping Che respectively" after "techniques"; to add ", for example, installing a travelator between Leighton Road and Wong Nai Chung Road in Happy Valley, and setting up pedestrian precincts at certain exits of Tai Wai MTR Station, etc." after "pedestrian precincts"; and to add ", including constructing cross-district jogging trails as well as expanding and perfecting existing networks of cycle tracks, for example, constructing a cycle track at the Kowloon Bay Park Cycling Ground to connect the Kai Tak New Development Area, etc." immediately before the full stop.

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

    To add "to expeditiously phase out, before 2015, Euro III buses and old buses of preceding models, and" after "passengers' affordability,"; to delete "and" after "pedestrian precincts;"; and to add "; and (i) to expeditiously conduct studies on introducing an 'electronic road pricing system' or a 'congestion charge'" immediately before the full stop.

    Public Officers to attend:Secretary for the Environment
    Secretary for Transport and Housing

  2. Promoting the relocation of departmental headquarters to the districts for creating employment

    Hon Tommy CHEUNG to move the following motion: (Translation)

    That, for the purpose of fostering district economic development and creating more local district employment opportunities, this Council urges the Government to proactively study relocating expeditiously the headquarters of its back offices which are situated in prime urban land lots to various non-core districts and new development areas, including the North District, Tai Po, Yuen Long, Tuen Mun, Tung Chung, Tseung Kwan O and Kai Tak, etc.; in respect of the three government office buildings at the Wan Chai waterfront already planned for relocation, the Government should immediately announce to the public a concrete relocation timetable with specific details, and expedite the relocation process, so as to effect the moving in of large teams of civil servants of the relevant departments to various non-core districts or new development areas to boost the local consumption demand for shopping and dining, etc., inject fresh impetus into the local community economy, create more jobs suitable for the grassroots and low-skilled persons, and vacate valuable land lots for other uses which are more conducive to Hong Kong's economic development.

    Amendments to the motion
    (i)Hon Tanya CHAN to move the following amendment: (Translation)

    To add "with Hong Kong's community development and progress in communications technology, the Administration needs to review whether it should locate the offices of various government departments in one district, and it should consider grasping the opportunity to improve planning for various communities, particularly the remote communities;" after "That,"; and to delete "vacate" after "low-skilled persons, and" and substitute with ", under the principle of balancing the overall planning for the environment, conservation, transport and communities, hold discussions with the public and conduct studies on vacating".

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

    To delete "fostering district economic development and creating more local district" after "the purpose of" and substitute with "expediting urban greening, promoting the cultural characteristics of the Special Administrative Region to provide activity space that people deserve and foster district economic development, as well as creating more"; to delete "boost" after "development areas to" and substitute with "stimulate"; to add "create jobs and" after "dining, etc.,"; to delete ", create more jobs suitable for the grassroots and low-skilled persons, and vacate valuable land lots for other" after "local community economy" and substitute with "; the valuable land lots vacated after relocating government offices from urban areas, while being put to"; and to add ", should at the same time be utilized having regard to town planning, so as to help foster the diversified development of communities, increase the number of leisure facilities and public space, and enhance people's quality of living" immediately before the full stop.

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

    To delete "relocating" after "to proactively study" and substitute with "undertaking comprehensive planning for Hong Kong's urban development and dovetail with the development strategies of the 'Secondary City Centre', so as to relocate"; and to delete "headquarters of its back" after "expeditiously the" and substitute with "appropriate headquarters of its".

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