 |
A 11/12-3
Legislative Council
Agenda
Wednesday 19 October 2011 at 11:00 am
I. Tabling of Papers
| 1. | No. 3 | - | Occupational Safety and Health Council Annual Report 2010/2011
| (to be presented by the Secretary for Labour and Welfare)
| | 2. | No. 4 | - | Report by the Trustee of the Customs and Excise Service Children's Education Trust Fund for the year ended 31 March 2011 together with the Report of the Director of Audit and the audited financial statements
| (to be presented by the Secretary for Security)
| | 3. | No. 5 | - | Environment and Conservation Fund Trustee Report 2010-2011
| (to be presented by the Secretary for the Environment)
| | 4. | No. 6 | - | The Land Registry Trading Fund Hong Kong Annual Report 2010-11
| (to be presented by the Secretary for Development)
| | 5. | No. 7 | - | Companies Registry Trading Fund Annual Report 2010-11
| (to be presented by the Secretary for Financial Services and the Treasury)
| | 6. | No. 8 | - | Fish Marketing Organization
Audited financial statements and the Auditor’s report for the year ended 31 March 2011
| (to be presented by the Secretary for Food and Health)
| | 7. | No. 9 | - | Vegetable Marketing Organization
Audited financial statements and the Auditor's report for the year ended 31 March 2011
| (to be presented by the Secretary for Food and Health)
| | 8. | No. 10 | - | Marine Fish Scholarship Fund
Audited financial statements, the Trustee's report and the Auditor's report for the year ended 31 March 2011
| (to be presented by the Secretary for Food and Health)
| | 9. | No. 11 | - | Agricultural Products Scholarship Fund
Audited financial statements, the Trustee's report and the Auditor's report for the year ended 31 March 2011
| (to be presented by the Secretary for Food and Health)
| | 10. | No. 12 | - | Protection of Wages on Insolvency Fund Board Annual Report 2010-11
| (to be presented by the Secretary for Labour and Welfare)
| | 11. | No. 13 | - | The Government Minute in response to the Report of the Public Accounts Committee No. 56 of July 2011
| (to be presented by the Chief Secretary for Administration, who will address the Council)
| | 12. | No. 14 | - | West Kowloon Cultural District Authority Annual Report 2010/11
| (to be presented by the Financial Secretary)
| | 13. | No. 15 | - | Electoral Affairs Commission
Report on the Recommended Delineation of Geographical Constituencies for the 2012 Legislative Council Election
| (to be presented by the Secretary for Constitutional and Mainland Affairs)
| | 14. | Report No. 1/11-12 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
| (to be presented by Hon Miriam LAU, Chairman of the House Committee)
|
II. Questions
1. Hon Paul TSE to ask: (Translation)
Given that the Court of First Instance has handed down a judgment against the Government in the first judicial review case on the right of abode in Hong Kong of foreign domestic helpers ("FDHs"), will the Government inform this Council:
| (a) | of the measures and policy to be implemented during the period when the Government appeals against the aforesaid judgment to alleviate the concerns of Hong Kong people about the anticipated severe impact on Hong Kong brought by the lost case; and
| | (b) | whether the Government will, on the basis of the impact on the basic demographic structure of Hong Kong brought by FDHs enjoying the right of abode and factors such as a timely interpretation of the Basic Law by the National People's Congress ("NPC") may reduce procedural problems and ameliorate division in society as well as from the perspectives of national and local population policy and national sovereignty, consider making expeditious arrangements to seek interpretation of the Basic Law by the NPC?
|
Public Officer to reply : Secretary for Security
2. Ir Dr Hon Raymond HO to ask: (Translation)
According to the relevant reports in August this year, the value of the United States ("US") Treasuries held by Hong Kong amounted to US$121.9 billion and Hong Kong ranked eighth in the world in terms of total holdings. In this connection, will the Government inform this Council:
| (a) | given that the sovereign credit ratings of the US and some member states of the European Union have been downgraded one after another, whether the future prospects of their sovereign credit ratings will affect the decisions of Hong Kong's Exchange Fund ("EF") on investing in the debt securities of these countries (particularly the US); apart from the sovereign credit ratings of the relevant countries, what other factors will affect EF's investment decisions;
| | (b) | given that in recent years, quite a number of countries and regions have established sovereign wealth funds ("SWFs") to manage reserve assets in order to seek higher returns, of the major differences between the investment management and operation of EF and that of SWFs at present; and
| | (c) | whether it has assessed if the approach of managing reserve assets by an SWF is suitable for Hong Kong; if the outcome of assessment is in the negative, of the reasons for that?
|
Public Officer to reply : Secretary for Financial Services and the Treasury
3. Hon Alan LEONG to ask: (Translation)
The former Secretary for Constitutional and Mainland Affairs ("SCMA") indicated earlier that the Government intended to reduce one-third of the number of appointed seats in the fourth term of the District Councils ("DCs") in 2012, i.e. reducing the existing 102 seats to 68 seats; he also indicated that after the DC election, public discussions may commence on whether, inter alia, the remaining 68 appointed seats will be completely abolished in 2016 or in 2020 the latest. In this connection, will the Government inform this Council:
| (a) | of the justifications for the Government's decision to reduce one-third of the number of appointed seats without consulting the public and the Legislative Council; whether it had considered consulting the public on this issue which concerns a major public policy before making the decision, and of the reasons for ultimately deciding not to consult the public;
| | (b) | of the distribution of the 34 appointed seats to be reduced in 2012 among the various DCs (list in table form); of the justifications for deciding that these 34 appointed seats be reduced; and
| | (c) | given that SCMA indicated that the Government would "specify all of the arrangements as much as possible" within its current term, what such "arrangements" are and how it will "specify" each of the "arrangements"; whether the authorities will amend the District Councils Ordinance to remove the power of the Chief Executive to appoint DC members; if they will, of the legislative timetable; if not, the justifications for that?
|
Public Officer to reply : Secretary for Constitutional and Mainland Affairs
4. Hon CHEUNG Kwok-che to ask: (Translation)
The Central Policy Unit ("CPU") has so far completed five studies on retirement protection systems. Yet, the authorities have refused to make public certain parts of the study findings for reasons such as some data require updating in the light of changes in the social and economic environments as well as the latest development of the relevant policies, and further examination and analysis are needed, etc. In this connection, will the Government inform this Council:
| (a) | whether it will reconsider honestly making public the full reports of the aforesaid studies for discussion and analysis by the public;
| | (b) | as I have learnt that CPU has recently collaborated with a university to study the feasibility of implementing a comprehensive retirement protection scheme, of the details of the study results; and
| | (c) | whether the Government will make an undertaking to this Council that it will expeditiously complete studies on comprehensive retirement protection and set a timetable for actual implementation?
|
Public Officer to reply : Secretary for Labour and Welfare
5. Hon Jeffrey LAM to ask: (Translation)
It has been reported that after the Court of Appeal had allowed the Director of Environmental Protection's appeal in respect of the judicial review ("JR") on the Environmental Impact Assessment reports for the Hong Kong-Zhuhai-Macao Bridge, the plaintiff told the media that someone had asked her to file the lawsuit; it has also been reported that the plaintiff was granted legal aid for this JR case and specify which lawyer to represent her. In this connection, will the Government inform this Council:
| (a) | whether the Police will investigate if the aforesaid case involved champerty; of the number of prosecutions instituted by the Police against cases involving champerty in the past five years and the number of convicted persons;
| | (b) | how the Legal Aid Department ("LAD"), when vetting and approving legal aid applications, ensures that the applicants have sufficient understanding of their litigation cases; and ensures that legal aid services will not be abused; and
| | (c) | among the legal aid applications approved by LAD in the past five years, of the number of cases where the aided persons were represented by the solicitors or counsel specified by them in court proceedings; the details of such cases (including the names of the solicitors or counsel, particulars of the cases and the amounts of the legal aid involved)?
|
Public Officer to reply : Secretary for Home Affairs
6. Hon James TO to ask: (Translation)
The present situation of poverty in Hong Kong has aroused public concern. Apart from the problem that poor families suffer from malnutrition, hundreds of thousands of elderly persons also suffer from serious dental problems. As revealed in an oral health survey conducted by the Government in 2001, among the 65-year-old and above institutionalized older persons ("IOPs"), 76% had fewer than 20 teeth left, which was the minimum number of teeth for minimum level of function, and 27% IOPs had no tooth at all ("edentulous"). It was also found that among the 65 to 74-year old non-institutionalized older persons ("NOPs"), about 50% of them had fewer than 20 teeth left and 8% NOPs were edentulous. Most of them cannot afford to pay for dental treatment, thus affecting their health and quality of life. In this connection, will the executive authorities inform this Council:
| (a) | given that a recent survey conducted by a local organization has found that working-poor households cannot afford to buy nutritious food, what measures the authorities have to address this problem, and whether they will consider providing subsistence allowances to the working poor; if they will, of the details; if not, the reasons for that; given that community canteens have all along been offering assistance to the persons in need, whether the authorities will increase the amount of subsidies for providing such services; if they will, of the details; if not, the reasons for that;
| | (b) | given that the Community Care Fund ("CCF") announced earlier that $170 million would be reserved in 2011-2012 for conducting a study on the feasibility of three programmes (including the provision of dental services for the elderly such as denture-fixing, etc.), of the amount of funding reserved for the study on the provision of for denture-fixing service; of the maximum amount of funding that CCF may allocate to the provision of denture-fixing service and the estimated number of elderly persons who will benefit from such service; whether CCF will examine the criteria for providing subsidies; when such study is anticipated to be completed and such service provided; whether the authorities will consider including denture-fixing service, etc. in the scope of regular dental care services, and expanding the coverage of the "Pilot Project on Outreach Primary Dental Care Services for the Elderly in Residential Care Homes and Day Care Centres", with a view to providing the elderly in need with comprehensive subsidized dental services (including denture-fixing and tooth-filling services); and
| | (c) | whether the authorities will reconsider the re-establishment of the Commission on Poverty which is led by high-ranking officials; if they will, of the details; if not, the reasons for that?
|
| Public Officers to reply | : | Secretary for Food and Health
Secretary for Labour and Welfare
|
*7. Hon IP Wai-ming to ask: (Translation)
It has been reported that a construction site worker was suspected to have died from heat stroke in the course of employment this summer. In this connection, will the Government inform this Council:
| (a) | of the number of industrial accidents, in each of the past three years, which involved employees working when the Very Hot Weather Warning was in force, the casualties resulted from such accidents, causes of the accidents, as well as the industries in which the employees concerned were engaged;
| | (b) | whether the authorities had, in the past three years when the Very Hot Weather Warning was in force, conducted inspections at certain or all workplaces with a high risk of heat stroke (e.g. working on outdoor scaffoldings and performing cleaning work, as well as carrying out maintenance, alteration and extension works on external walls of buildings) and inspected whether the employees concerned had been given sufficient protection; if they had, of the details, including whether any employer was prosecuted for failing to provide sufficient ancillary facilities (e.g. drinking water); if not, the reasons for that;
| | (c) | whether the authorities had held regular discussions in the past three years with employers in industries requiring long periods of outdoor work on enhancement of protection for staff; if so, of the details; if not, the reasons for that; and
| | (d) | apart from the Occupational Safety and Health Ordinance (Cap. 509), the Factories and Industrial Undertakings Ordinance (Cap. 59) and the guidelines on "Prevention of Heat Stroke at Work in a Hot Environment", what other legislation and working guidelines are currently in place to protect employees at work under hot weather; whether the authorities have plans to amend the relevant legislation (including the imposition of heavier penalties for contravention)?
|
Public Officer to reply : Secretary for Labour and Welfare
*8. Hon WONG Sing-chi to ask: (Translation)
Regarding the train services and station facilities of the MTR Corporation Limited ("MTRCL"), will the Government inform this Council:
| (a) | whether it knows the design carrying capacity and the estimated patronage of various rail lines when they were built and whether MTRCL had, in the past five years, examined the improvement of train frequencies to alleviate the crowded conditions; if it had, the details; if not, the reasons for that; and provide a breakdown of such information by rail line;
| | (b) | given that the information provided to this Council by the authorities on 6 April 2011 indicated that MTRCL had displayed a set of "Don't be a Silent Victim, Report Indecent Assault" posters at most of the MTR stations:
| | (i) | of the respective number of sex crimes which occurred within the area of MTR stations in each year since 2010 and, among such cases, the respective numbers of reported cases and persons being arrested, broken down by nature of the crime;
| | (ii) | whether it knows the names of the stations at which the aforesaid posters are not displayed at present and the reasons for that; the percentage of the number of such stations in the total number of MTR stations along various rail lines; whether all MTR stations and Light Rail stations will be required to display the aforesaid posters; whether MTRCL has displayed a set of "Don't be a Silent Victim of Indecent Assault, Seek Help Immediately" notices; if it has, whether such notices are displayed at each MTR station at present; if not, whether such notices will be required to be displayed at all MTR stations and Light Rail stations;
| | (iii) | whether it knows if the aforesaid posters or notices are at present displayed in train compartments; if not, the reasons for that, and whether MTRCL will display such posters or notices in the train compartments; if it will, the details and the specific timetable; and
| | (iv) | whether it knows, other than displaying posters and notices, what other publicity and education programmes MTRCL has put in place to promote safety awareness among female passengers;
| | (c) | whether it knows, in each year since 2005, the respective total number of Railway Police District staff as well as station staff and station assistants discharging duties at MTR stations and Light Rail stations, with a breakdown by rail line;
| | (d) | whether it knows if there were Railway Police District staff as well as MTRCL station staff and station assistants discharging duties at various stations daily in each year since 2005; if not, list respectively by year and rail line the day(s) of the week when no such staff discharged duty at stations, and whether the authorities and MTRCL will deploy more manpower on such days respectively; if they will, the details and the timetable; and
| | (e) | whether it knows the progress of retrofitting lifts at MTR stations since the Secretary for Transport and Housing replied to a question concerning the progress of retrofitting lifts at existing stations by MTRCL raised by a Member of this Council on 19 January 2011 (set out in the table below)?
| Station
| Progress update in the Government's reply
on 19 January 2011
| Present progress
| | Wong Tai Sin | In progress | |
| Lai Chi Kok | To start in mid 2011 | |
| Cheung Sha Wan | In progress | |
| Sham Shui Po | In progress | |
| Shek Kip Mei | To start in early 2011 | |
| Yau Ma Tei | MTRCL is now coordinating with Transport Department on the temporary traffic arrangements | |
| Jordan | In progress | |
| Tsim Sha Tsui | Works integrated with the Tsim Sha Tsui North Subway and Entrance Modification Works | |
| Sai Wan Ho | To start in the second half of 2011 | |
|
Public Officer to reply : Secretary for Transport and Housing
*9. Hon KAM Nai-wai to ask: (Translation)
It has been reported that in recent years, the number of traffic accidents involving bicycles in Sha Tin District accounts for more than a quarter of the total number of such accidents each year in Hong Kong as a whole, and the several traffic accidents involving bicycles that occurred earlier in Hong Kong have aroused concern about whether the relevant policies, planning and ancillary facilities are adequate in safeguarding the safety of cyclists. In this connection, will the Government inform this Council:
| (a) | of the number of traffic accidents involving bicycles in each year since 2006, and the respective numbers of persons who were slightly injured, seriously injured or even killed in such accidents, broken down by the 18 District Council ("DC") districts, as set out in the table below;
| District
|
| 2006
| 2007
| 2008
| 2009
| 2010
| 2011
(latest figures)
| Total
| |
| Number of accidents | | | | | | |
| | Casualties
| Deaths
| | | | | | |
| Seriously
injured
| | | | | | |
| Slightly
injured
| | | | | | |
| |
| Number of accidents | | | | | | |
| | Casualties
| Deaths
| | | | | | |
| Seriously
injured
| | | | | | |
| Slightly
injured
| | | | | | |
|
| | (b) | of the locations and length of cycle tracks and the number of bicycle parking spaces in various districts, as well as the annual changes in the provision of such facilities since 2006, broken down by the 18 DC districts;
| | (c) | of the number of complaints concerning existing cycling facilities (such as cycle tracks and ancillary facilities, etc.) received by the authorities in each year since 2006, together with a breakdown of such number by the contents of the complaints; in addition, of the details of the regular inspections conducted on existing cycle tracks and ancillary facilities at present;
| | (d) | whether it had, in the past three years, conducted any study on the public's habit of using bicycles; if it had, of the details; if not, the reasons for that;
| | (e) | whether at present the Government will, when formulating transport policies and planning for Hong Kong, consider and plan for strengthening the role and functions of bicycles (such as promoting bicycles as one of the means of transport in Hong Kong), apart from positioning cycling as a form of recreational activity; if it will, of the details and the specific timetable; if not, the reasons for that; and
| | (f) | of the respective locations of existing waterfront promenades with and without cycle tracks; the length of such cycle tracks; whether it has considered constructing cycle tracks at those waterfront promenades without cycle tracks as well as those waterfront promenades which are under planning at present; if it has, of the details (such as the locations and length of cycle tracks, as well as the locations of entrances, etc.) and the timetable for completion?
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Public Officer to reply : Secretary for Transport and Housing
*10. Dr Hon LEUNG Ka-lau to ask: (Translation)
According to the Code of Practice for Private Hospitals, Nursing Homes and Maternity Homes ("Code of Practice") issued by the Department of Health ("DH"), private hospitals must establish a vetting and monitoring mechanism for doctors with practising privilege, which includes checking the indemnification/medico-legal protection taken out by such doctors to ensure that reasonable compensation will be available to patients in cases of medical incidents. All along, private doctors may choose freely either to take out insurance plans with no indemnity ceiling provided by the Medical Protection Society ("MPS") whose headquarter is in the United Kingdom, or take out professional liability insurance ("insurance") provided by authorized insurance companies, which has an indemnity limit of $7.5 million or more, and the highest compensation limit may reach as high as $75 million, so as to enable the doctors to make compensation to patients in accordance with court rulings. Recently, the Hong Kong Private Hospitals Association ("HKPHA"), which has a total of 12 member hospitals, uses DH's Code of Practice as the basis to strictly require doctors to take out insurance policies which contain terms specifying that there is no indemnity ceiling and which are issued on an "occurrence basis" before they may refer patients to the hospitals. In this connection, will the Government inform this Council:
| (a) | whether DH has introduced guidelines on the indemnity limit and arrangements in respect of the relevant protection when formulating the Code of Practice; if so, of the details;
| | (b) | given that the Hong Kong Doctors Union has pointed out (by quoting from its insurance consultant) that as the highest compensation amount awarded by the consultant in a single case over the past 12 years amongst all its insurance plans was less than $500,000, the insurance policies currently taken out by many private general practitioners, which have an indemnity limit of no less than $7.5 million, are considered to be sufficient, and it has further pointed out that HKPHA's latest insurance requirements are so stringent that MPS may probably be the sole supplier of such protection plans, and monopolization will occur eventually, whether HKPHA's latest insurance requirements are consistent with DH's original intention of formulating the Code of Practice;
| | (c) | given that there is information that MPS is neither an insurance company, nor is it registered in Hong Kong, of the laws of Hong Kong which govern MPS at present; whether the authorities have assessed if the affected doctors, patients and families will be protected by the existing laws when MPS closes down and fails to honor its undertakings for protection or fails to perform its duties; if they have, of the details; if not, the reasons for that; and
| | (d) | given that the aforesaid requirements of HKPHA will, to a certain extent, affect private doctors and patients when choosing medical facilities, whether DH has plans to clarify the requirements of the Code of Practice on insurance arrangements and specifics (especially in respect of the amount and forms of indemnity); if so, of the details; if not, the reasons for that?
|
Public Officer to reply : Secretary for Food and Health
*11. Hon Albert CHAN to ask: (Translation)
At the meeting of this Council on 20 October 2010, I asked the authorities about the various levels of emissions from aircraft movements and aircraft parking at the Hong Kong International Airport in each year between 2007 and 2009 and whether the authorities would take measures to reduce emissions from aircraft so as to alleviate the problem of air pollution in Tung Chung and hence reduce the impact of such emissions on the health of Tung Chung residents. The authorities, however, could only provide data on emissions from aircraft from 2006 to 2008. The authorities also advised that measures had been taken to reduce emissions from aircraft. Yet, residents in Tung Chung have still relayed to me that the number of flights operating at the Hong Kong International Airport has been growing constantly in the recent three years and emissions from aircraft have also increased correspondingly, hence worsening the air quality in Tung Chung and affecting the health of the residents in the district. In this connection, will the Government inform this Council:
| (a) | whether it knows the various levels of emissions from aircraft movements and aircraft parking at the Hong Kong International Airport from 2009 to 2010, with a breakdown in table form by the model of aircraft, as well as which models had the highest level of emissions, and what measures the authorities have at present for reducing emissions from aircraft of such models;
| | (b) | whether there is any relation between the worsening of air quality in Tung Chung and the increase in emissions from aircraft; if so, to what extent the increase in emissions from aircraft has led to the worsening of air quality in Tung Chung; if not, of the reasons for that; and
| | (c) | whether it will take new measures to reduce the impact of emissions from aircraft on the health of Tung Chung residents; if it will, of the details; if not, the reasons for that?
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Public Officer to reply : Secretary for the Environment
*12. Hon LEE Wing-tat to ask: (Translation)
To assist the grassroots in purchasing their own homes, the Hong Kong Housing Authority ("HA") had once launched the Tenants Purchase Scheme ("TPS") to enable sitting tenants to purchase their public rental housing units. Yet, when there was a downturn in the property market, the Government requested HA to terminate the Scheme. In this connection, will the Government inform this Council:
| (a) | of the number and percentage of the 183 000-odd units in the 39 public housing estates available under TPS which have so far been sold, together with a breakdown of the ratios of the units sold by district and estate;
| | (b) | in view of the latest property market and economic situations, whether the authorities will consult public housing tenants on the resumption of TPS; and
| | (c) | when or under what conditions the authorities will consider resuming TPS?
|
Public Officer to reply : Secretary for Transport and Housing
*13. Hon WONG Kwok-hing to ask: (Translation)
When Hong Kong was hit by Typhoon Nesat on 29 September this year, it was suspected that a semi-submersible work barge had broken free from its anchor chain and was carried by wind and waves towards the oil depot on the shore of Chai Wan before it stranded off the shore between Block 49 and Block 50 of Heng Fa Chuen, thereby causing damage to the pipelines of the oil depot and the pier facilities as well as the seawall at Heng Fa Chuen. As the concrete conveying pipe on the work barge was very close to Block 49 of Heng Fa Chuen at that time, around 60 residents had to undergo emergency evacuation while Typhoon Signal No. 8 was in force. Regarding this serious incident, will the Government inform this Council:
| (a) | during a site visit on 6 October this year jointly conducted by representatives of the Marine Department and myself, they initially informed me of a preliminary plan to remove the work barge involved in the incident, but the detailed removal plan had yet to be submitted by the shipping company concerned to the relevant government department for approval, whether the authorities can give details of the approved plan for removing the work barge and the safety measures concerned, so as to ease the worries of the residents in Heng Fa Chuen;
| | (b) | apart from this incident, whether the authorities had received complaints or reports during typhoons in the past 10 years regarding damages caused to the waterfront of Heng Fa Chuen due to strong gales and waves or vessels and objects washed to the shore by waves; if they have, of the details, and how the authorities followed up such cases;
| | (c) | given that the concrete conveying pipe on the work barge involved in the incident was just some 10 metres away from the residential building when the barge drifted to the shore near Heng Fa Chuen, whether the authorities will contact representatives of the residents in Heng Fa Chuen, so as to review and study the feasibility of carrying out safety or stabilizing works on the seawall near Heng Fa Chuen (including the provision of additional facilities to strengthen and protect the seawall from any impact from vessels) in order to ensure safety of the residents in Heng Fa Chuen; if they will, of the timetable for such a study;
| | (d) | given that the barge involved in the incident was originally berthed at the anchorage area in Tseung Kwan O, and it was carried along by the wind and waves to the shore near Heng Fa Chuen, whether the authorities will carry out a detailed review on the safety, guidelines and inspection regarding the use of anchorage areas as well as the impact of the anchorage area on the safety of adjacent shores, and draw up improvement measures accordingly;
| | (e) | given that this incident has also caused damages to the pier of the oil depot in Chong Fu Road, Chai Wan as well as the nearby bridge facilities, residents in the vicinity were worried about the safety of the oil depot (including the risks of explosion, fire and pollution from oil leakage), whether the authorities have contacted the oil company concerned after the incident and reviewed afresh the safety of the oil depot (including risks posed to the oil depot by typhoons and tremendous waves); if they have, of the details of the review and the outcome concerned; and
| | (f) | whether the authorities will study the feasibility of permanently relocating the oil depot in Chong Fu Road, Chai Wan, which is close to residential areas, and building additional seawalls or other barrier facilities in the vicinity of Heng Fa Chuen and Chai Wai, so as to avoid recurrence of similar incidents?
|
Public Officer to reply : Secretary for Transport and Housing
*14. Dr Hon Joseph LEE to ask: (Translation)
In the 2011-2012 Budget, the Government proposed to increase annual recurrent funding by $40 million to raise government subsidies in the price for EA1 places under the Enhanced Bought Place Scheme and to require the residential care homes for the elderly ("RCHEs") concerned to employ physiotherapists or engage relevant professional services, so as to arrange physiotherapy treatment and rehabilitation training for the frail elderly in RCHEs. In addition, the Government increased annual recurrent funding by $45 million to provide support by means of supplements for demented or infirm elderly persons staying in RCHEs or using the services provided by day care centres for the elderly ("D/Es"), thereby enabling the service units concerned to arrange physiotherapy treatment and rehabilitation training for such elderly persons with the supplements. In this connection, will the Government inform this Council:
| (a) | since 1 April this year, of the respective numbers of RCHEs and D/Es which have arranged physiotherapy treatment and rehabilitation training for the elderly with the two aforesaid subsidy arrangements, and the respective percentages of such numbers in the total numbers of RCHEs and D/Es;
| | (b) | whether the authorities know the respective numbers of physiotherapists and occupational therapists providing services through RCHEs and D/Es concerned to the elderly under the two different arrangements of making use of the aforesaid subsidies to employ physiotherapists/occupational therapists or engage the relevant professional services by RCHEs and D/Es;
| | (c) | whether the authorities have assessed why some RCHEs and D/Es do not arrange physiotherapy treatment and rehabilitation training for the elderly; if they have, of the details; if not, whether they will consider making such an assessment so as to conduct a review; whether they will consider enhancing the aforesaid subsidy arrangements, so as to attract the participation of more RCHEs and D/Es; if they will, of the details; if not, the reasons for that; and
| | (d) | whether the authorities have assessed if there is adequate supply of allied health professionals, such as physiotherapists and occupational therapists, in the manpower market at present to provide the aforesaid services; if they have, of the details; if not, whether an assessment will be made; and if the assessment outcome indicates an insufficient supply of manpower, whether they will consider enhancing the relevant training?
|
Public Officer to reply : Secretary for Labour and Welfare
*15. Hon LAU Wong-fat to ask: (Translation)
Will the Government inform this Council of the number of applications for permanent right of abode in Hong Kong received by the authorities in each of the past seven years from non-Chinese persons who had ordinarily resided in Hong Kong for not less than seven years (excluding those employed as domestic helpers from outside Hong Kong); and among them, of the number of applications rejected, together with a breakdown of such number by the reasons why the applications were rejected?
Public Officer to reply : Secretary for Security
*16. Hon Fred LI to ask: (Translation)
In recent months, the mainland authorities have found that nitrite is present in various types of bird's nests available on the market; and sample tests on bird's nests available for sale in Hong Kong conducted recently by the Hong Kong University of Science and Technology reveal that all samples contained nitrite formed in natural environment. Although the existing Preservatives in Food Regulation (Cap. 132BD) stipulates the maximum permitted levels of nitrite in a number of food categories (such as cured meat products, etc.), bird's nests and other food containing naturally formed nitrite are not subject to this Regulation. In this connection, will the Government inform this Council:
| (a) | whether the authorities had conducted sample tests in the past three years on bird's nests available for sale in Hong Kong to ascertain if they contained nitrite or other preservatives; if the test results showed that the samples contained such substances, whether they had assessed if these substances were formed in the course of processing or in the natural environment; and
| | (b) | whether it will amend the relevant Regulation to regulate the maximum permitted levels of nitrite in Chinese medicinal materials (such as bird's nests) or vegetables; if it will, of the details; if not, the reasons for that?
|
Public Officer to reply : Secretary for Food and Health
*17. Hon Miriam LAU to ask: (Translation)
Hong Kong's cycling athletes achieved excellent results in international sporting events, and cycling has become an increasingly popular sport in the territory, but serious bicycle accidents occur rather frequently. The number of persons so far killed in traffic accidents this year involving bicycles has exceeded the relevant figure for the whole of last year. Early last month, two fatal traffic accidents involving bicycles occurred one after another within four days in Shatin District, arousing concern about cycling safety. In this connection, will the Government inform this Council:
| (a) | of the respective numbers of traffic accidents involving bicycles which occurred on cycle tracks and at other locations in the past three years, as well as the casualties involved;
| | (b) | of the number of prosecutions instituted by the Police against cyclists who breached road traffic laws in the past three years, together with a breakdown of such number by the offence involved and, among such cases, the percentage of those in which the cyclists were convicted, as well as the heaviest and lowest penalties imposed for each type of offences involved;
| | (c) | whether the authorities have assessed which sections of cycle tracks are accident black spots; if they have, of the details; if not, the reasons for that;
| | (d) | given that certain sections of existing cycle tracks located in Shatin, Tai Po, the North District and Tseung Kwan O are connected to carriageways and certain sections even terminate abruptly, and cyclists have to use the carriageways together with other vehicles, whether the Government will conduct a comprehensive review of the design of existing cycle tracks and carry out improvement works to enhance the safety level of cycle tracks; if it will, of the details; if not, the reasons for that;
| | (e) | whether the authorities will reconsider requiring cyclists to use safety gear (such as safety helmets, gloves or reflective clothing, etc.), so as to enhance the safety of cyclists; if they will, of the details; if not, the reasons for that; and
| | (f) | of the current progress of the policies and measures implemented by the Government to enhance public awareness of cycling safety?
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Public Officer to reply : Secretary for Transport and Housing
*18. Hon Emily LAU to ask: (Translation)
It has been reported that government departments originally located at the Central Government Offices had destroyed a vast number of public records before their relocation to the new Central Government Complex ("CGC") at Tamar; it has also been reported that the retention rate of archival records of the Hong Kong Government is far lower than countries where archival law has been enacted, such as the United Kingdom ("UK"), the United States ("US") and Australia, etc. In this connection, will the Government inform this Council:
| (a) | whether the relevant policy bureaux and government departments ("B/Ds") had obtained the agreement of the Government Records Service ("GRS") Director for the public records to be destroyed before relocating to the new CGC at Tamar; if they had, of the respective numbers of public records regarding which the GRS Director's agreement for their destruction was given as well as those the GRS Director's agreement was not given in the past six months, with a breakdown by B/Ds; whether it knows the retention rates of archival records of the governments of UK, US and Australia, how the retention rate of archival records of the Hong Kong Government compares with that of such countries, and the reasons for the differences in the retention rates when comparing to such countries;
| | (b) | whether GRS knows the current numbers of government records relating to the initiatives below, and whether B/Ds concerned have hitherto destroyed any of these records:
(i) the Government's preparation of the 2011-2012 Budget and the adjustment to the originally proposed measures to give a sum of $6,000 to each Hong Kong Permanent Identity Card holder aged 18 or above;
(ii) the introduction of local legislation to implement Article 23 of the Basic Law in 2002-2003, and the subsequent decision to shelve the legislative proposal; and
(iii) the original and adjusted Package of Proposals introduced by the Government for the Methods for Selecting the Chief Executive and for Forming the Legislative Council in 2012; and
| | (c) | given that at present there is no archival law to regulate B/Ds in opening and keeping records, how GRS knows whether B/Ds had destroyed confidential or important records without obtaining the agreement of the GRS Director; of the existing mechanism to penalize Heads of B/Ds for unauthorized destruction of public records as well as the penalties involved; whether any official from B/Ds had been accused of, received warnings or penalized for unauthorized destruction of public records since 1997; if so, of the number of cases concerned, years of occurrence, the departments involved and summaries of such cases; whether the authorities will examine the enactment of archival law?
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Public Officer to reply : The Chief Secretary for Administration
*19. Hon Starry LEE to ask: (Translation)
Regarding the legal aid services provided by the Legal Aid Department ("LAD"), will the Government inform this Council:
| (a) | of the respective numbers of applications for legal aid in respect of judicial review ("JR") cases received by LAD each year since 2001; among such applications, of the number of cases approved; the total amount of legal aid involved in such cases; the case which involved the highest amount of legal aid and the amount;
| | (b) | of the respective amounts of legal aid involved in the four JR cases in respect of: the Chong Fung Yuen case, the residential development project in the vicinity of Stage 8 of Mei Foo Sun Chuen, the Environmental Impact Assessment reports for the Hong Kong-Zhuhai-Macao Bridge, and the right of abode of foreign domestic helpers;
| | (c) | among the JR cases where legal aid was granted since 2001, of the respective numbers of cases where the solicitors or counsel were specified by the aided persons and those cases where LAD assigned the solicitors or counsel; whether LAD had rejected the solicitor or counsel specified by the aided person and assigned another solicitor or counsel to provide the service; if it had, of the number of such cases and the reasons why LAD rejected the solicitor or counsel specified by the aided person; and
| | (d) | among the JR cases where legal aid was granted since 2001, whether there were cases where the solicitors or counsel offered free legal services to the aided persons; if there were, of the number of such cases?
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Public Officer to reply : Secretary for Home Affairs
*20. Hon Frederick FUNG to ask: (Translation)
The Chief Executive proposed in his 2009-2010 Policy Address that following the launch of the plastic bags levy scheme, the Government would consult the public on the introduction of a producer responsibility scheme ("PRS") for electrical and electronic equipment at the end of 2009. Subsequently, the authorities formally conducted a three-month public consultation on the introduction of a mandatory PRS on waste electrical and electronic equipment ("WEEE") (the "Scheme") in January 2010, which mainly covers the proposal that all regulated WEEE (including television sets, washing machines, refrigerators, air conditioners and some computer products) should be banned from disposal as ordinary trash, and it sets out the responsibilities borne by various stakeholders such as consumers, producers and importers, etc. for the collection, treatment and disposal of regulated WEEE. In this connection, will the Government inform this Council:
| (a) | of the reasons why the Government has neither drawn conclusions from the public views collected, nor confirmed the details of and timetable for implementing the Scheme as well as the final legislative proposal, although the aforesaid public consultation was completed long ago; of the latest progress in implementing the Scheme; and
| | (b) | of the views preliminarily adopted by the authorities on the aspects to be covered by the Scheme, charging methods, cost sharing, ways to treat WEEE, import and export controls, and assistance to be provided to recyclers in recovering and treating the wastes concerned; whether it will consider including more electrical and electronic equipment (e.g. mobile phones) in the regulatory ambit; when the authorities expect to submit the legislative proposal to this Council for scrutiny; and of the anticipated timetable for implementing the whole Scheme?
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Public Officer to reply : Secretary for the Environment
* For written reply
III. Members' Motions
- Suspension of Rule 47(1)(c) and (2)(c) and Rule 49(8) of the Rules of Procedure
Hon Miriam LAU to move the following motion:
That Rule 47(1)(c) and (2)(c) and Rule 49(8) of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region be suspended with immediate effect until the Council resolves to remove the suspension or to amend the Rules, and that the following arrangements be adopted during the suspension of the Rules:
| (a) | if a Member challenges the statement of the President or Chairman made under Rule 47(1)(b) or (2)(b) of the Rules of Procedure by claiming a division, then the President or Chairman shall order the Council or the committee, as the case may be, to proceed to a division; and, subject to Rule 49(4) to (7) of the Rules of Procedure, the division shall be held forthwith immediately after a division bell has been rung for five minutes;
| | (b) | if the division bell does not function, the President or Chairman shall order the Clerk to arrange for Members within the precincts of the Chamber to be notified of the division; and the division shall be held 10 minutes after the order has been made; and
| | (c) | the House Committee may recommend to the President that the period specified in paragraph (a) or (b) above, for a Council meeting or in respect of an item of business on the Agenda of a Council meeting, may be shorter or longer; and Members shall be notified of the President's decision on the recommendation prior to that Council meeting.
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- Proposed resolution under the Interpretation and General Clauses Ordinance
Hon WONG Sing-chi to move the following motion:
Resolved that in relation to the -
| (a) | Residential Care Homes (Persons with Disabilities) Regulation, published in the Gazette as Legal Notice No. 111 of 2011; and
| | (b) | Residential Care Homes (Persons with Disabilities) Ordinance (Commencement) Notice 2011, published in the Gazette as Legal Notice No. 112 of 2011,
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and laid on the table of the Legislative Council on 6 July 2011, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) and deemed to be extended under section 34(3) of that Ordinance, be extended under section 34(4) of that Ordinance to the meeting of 9 November 2011.
- Proposed resolution under the Interpretation and General Clauses Ordinance
Hon Miriam LAU to move the following motion:
Resolved that in relation to the Securities and Futures (Contracts Limits and Reportable Positions) (Amendment) Rules 2011, published in the Gazette as Legal Notice No. 117 of 2011, and laid on the table of the Legislative Council on 13 July 2011, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) and deemed to be extended under section 34(3) of that Ordinance, be extended under section 34(4) of that Ordinance to the meeting of 9 November 2011.
- Appointment of a select committee
Hon Emily LAU to move the following motion:
That this Council appoints a select committee to inquire into whether managerial staff and investors of Asia Television Limited ('ATV') or other persons have acted unduly in the misreporting of the death of Mr JIANG Zemin to interfere with ATV's editorial freedom with an aim to influence ATV's news report; to inquire into whether ATV has added advertisement content into news and information programmes being broadcast which unduly produces 'paid news'; and to inquire into whether the above incidents have violated broadcasting rules or regulations and related laws of Hong Kong, as well as related matters, and based on the results of the above inquiries, to make recommendations on the regulation of domestic free television programme service by the Government and the safeguarding of editorial freedom of the press, and other related matters; and that in the performance of its duties the committee be authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of that Ordinance.
Public Officer to attend : Secretary for Commerce and Economic Development
- Calling upon persons intending to run in the Chief Executive Election to respond to people's aspirations
Hon Alan LEONG to move the following motion:
(Translation)
That, given that the Chief Executive Election is approaching, but only the 1 200 members of the Election Committee have the right to vote, this Council calls upon those persons who intend to run in the next Chief Executive Election to put forward specific propositions on safeguarding Hong Kong people's core values, and actively respond to the aspirations of the seven million people; the relevant propositions must include:
| (a) | respecting human rights, improving people's livelihood, defending people's long-term interests and making actual efforts to resolve the deep-rooted conflicts in society;
| | (b) | persevering in the realization of a democratic political system and abolishing the functional constituency seats as well as the separate voting arrangement in the Legislative Council in 2016;
| | (c) | protecting freedom of the press and of speech, and undertaking not to enact legislation to implement Article 23 of the Basic Law before the full implementation of genuine universal suffrage; and
| | (d) | upholding the spirit of the rule of law and defending judicial independence, so as to fully implement Article 35 of the Basic Law.
| | Amendments to the motion
| | (i) | Hon Frederick FUNG to move the following amendment:
(Translation)
To add "as recently, discussions about candidates in the Chief Executive Election are very heated in society, and" after "That,";to delete "and" after "core values,";to add ", reform the long-standing governance philosophy that tilts in favour of tycoons as well as people who are powerful and wealthy, and replace it with the principle of development for all people that gives consideration to all social strata as the basis of governance" after "seven million people";to add "formulating comprehensive and fair social and economic policies, with a view to" after "long-term interests and";to add "and alleviating the disparity between the rich and the poor" after "conflicts in society";and to add "; forging a consensus through the formation of a committee dedicated to implementing dual universal suffrage with the participation of the Central People's Government, the SAR Government, various political groups and the community at large, etc., as well as enacting legislation in one go to resolve issues such as dual universal suffrage and the abolition of functional constituencies, etc., so as to realize the implementation of genuine universality and equality for the Chief Executive Election in 2017 and the Legislative Council Election in 2020" after "Council in 2016".
| | (ii) | Hon TAM Yiu-chung to move the following amendment:
(Translation)
To delete "given that the Chief Executive Election is approaching, but only the 1 200 members of the Election Committee have the right to vote" after "That," and substitute with "as an election will be held next year to select a new Chief Executive";to delete "calls upon" after ", this Council" and substitute with "opines that";to delete "to put forward specific propositions on safeguarding Hong Kong people's core values, and actively respond to the aspirations of the seven million people; the relevant propositions must include" after "the next Chief Executive Election" and substitute with "should proactively consider";to delete "respecting human rights, improving people's livelihood, defending people's long-term interests and making actual efforts to resolve the deep-rooted conflicts in society" after "(a)" and substitute with "directly replacing the 'Work Incentive Transport Subsidy Scheme' by a 'maintenance grant scheme for low-income families', so as to enable families not eligible to apply for Comprehensive Social Security Assistance but whose incomes are still on the low side to receive monthly grant";to delete "persevering in the realization of a democratic political system and abolishing the functional constituency seats as well as the separate voting arrangement in the Legislative Council in 2016" after "(b)" and substitute with "reforming Old Age Allowance (commonly known as 'fruit grant') into a three-tier 'retirement protection pension', so as to provide elderly people with pension according to their financial situations";to delete "protecting freedom of the press and of speech, and undertaking not to enact legislation to implement Article 23 of the Basic Law before the full implementation of genuine universal suffrage; and" after "(c)" and substitute with "introducing 'voluntary long-term care insurance', with the Government partially subsidizing the contributions made by the public, and providing tax deductions in respect of such contributions;";and to delete "upholding the spirit of the rule of law and defending judicial independence, so as to fully implement Article 35 of the Basic Law" immediately before the full stop and substitute with "formulating a long-term land and housing policy to ensure the satisfaction of the public's basic housing needs, and at the same time providing a home acquisition ladder to promote upward social mobility; (e)providing rental assistance to households on the Waiting List for public housing; (f)establishing a 'quota system for employing people with disabilities'; (g) through the approach of employer-employee negotiations and progressive implementation, including all general holidays other than Sundays as paid statutory holidays, and introducing paternity leave; (h) formulating a five-year plan regarding residential care services for the elderly and community care for the elderly, so as to draw up lead time targets and set down corresponding resource allocation and manpower support, having regard to the waiting queues for residential care homes for the elderly, residential care homes for persons with disabilities and community care; (i) increasing public medical manpower and resources for service improvement; (j) buying back the Western Harbour Crossing, alleviating traffic congestion and relieving the burden of cross-harbour transportation expenses on the public; (k) using the dividends received by the Government from the MTR Corporation Limited to stabilize MTR fares; (l) increasing the subsidies for outlying island ferry routes, so as to reduce fares; (m) developing new towns in border areas and relocating certain government organizations to such areas, so as to facilitate local development; (n) holding negotiations to draw up a 10-year plan on environmental co-operation with the Pearl River Delta Region, in particular focusing on holding negotiations to draw up co-operation schemes and work targets regarding air quality governance, emission reduction targets, the governance of Pearl River Estuary waters and Guangdong-Hong Kong water resources management, etc.; and (o) setting up a nature conservation fund, so as to resolve the conflicts between conservation and private land development in rural areas, etc., and urges the new Chief Executive to defend people's long-term interests, resolve the deep-rooted conflicts in society, and respond to the aspirations of the seven million people while striving to safeguard Hong Kong people's core values, respecting human rights, persevering in the realization of a democratic political system, protecting freedom of the press and of speech, upholding the spirit of the rule of law, and defending judicial independence to fully implement the Basic Law".
Amendment to Hon TAM Yiu-chung's amendment
Hon IP Wai-ming to move the following amendment:
(Translation)
To delete "the approach of" after "through"; and to delete "progressive implementation," after "negotiations and" and substitute with "by way of legislation, progressively".
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Public Officer to attend : Secretary for Constitutional and Mainland Affairs
- Opposing foreign domestic helpers' enjoyment of the right of abode in Hong Kong
Hon WONG Ting-kwong to move the following motion:
(Translation)
That, as the enjoyment of the right of abode in Hong Kong by foreign domestic helpers ('FDHs') will impose a heavy burden on Hong Kong's economy, employment market, education, healthcare, housing and welfare, etc., and have far-reaching consequences, thus giving rise to widespread public concern, this Council opposes FDHs' enjoyment of the right of abode in Hong Kong.
| Amendments to the motion
| | (i) | Hon WONG Kwok-hing to move the following amendment:
(Translation)
To delete "as the" after "That," and substitute with "although currently hundreds of thousands of foreign domestic helpers ('FDHs') are working in Hong Kong, FDHs'"; to delete "by foreign domestic helpers ('FDHs')" after "the right of abode in Hong Kong" and substitute with "contravenes the legislative intent of the Basic Law, and"; and to delete ", thus giving rise to" after "far-reaching consequences" and substitute with "; in order to protect local employees' right to priority employment and reduce".
| | (ii) | Hon Alan LEONG to move the following amendment:
(Translation)
To delete "as the enjoyment of" after "That," and substitute with "under the rule of law, regarding whether foreign domestic helpers ('FDHs') should enjoy"; to delete "by foreign domestic helpers ('FDHs') will impose a heavy burden on Hong Kong's economy, employment market, education, healthcare, housing and welfare, etc., and have far-reaching consequences, thus giving rise to widespread public concern," after "the right of abode in Hong Kong" and substitute with "under the existing system, the community must respect and abide by the ruling of the Court;"; to delete "opposes FDHs' enjoyment of" after "this Council" and substitute with "considers that FDHs do not automatically enjoy"; and to add ", and urges the Government to expeditiously clarify the Immigration Department's criteria and mechanism for approving applications for the right of abode in Hong Kong by persons not of Chinese nationality, so as to allay widespread public concern" immediately before the full stop.
| | (iii) | Hon James TO to move the following amendment:
(Translation)
To delete ", as the enjoyment" after "That" and substitute with "this Council urges various sectors to respect the rule of law and safeguard people's right to litigation; and given that the enjoyment or otherwise"; to delete "will impose a heavy burden on" after "('FDHs')" and substitute with "involves Hong Kong's population and immigration policies, this Council considers that the SAR Government has the right to formulate relevant policies and planning on its own in response to social circumstances, so as to cater for the future needs of"; to delete ", and have far-reaching consequences, thus giving rise to widespread public concern," after "welfares, etc." and substitute with ";"; and to add ", and if necessary, the SAR Government should make a request to the Central Government for an amendment of the Basic Law, so as to resolve the controversy" immediately before the full stop.
| | (iv) | Hon Paul TSE to move the following amendment:
(Translation)
To add "bring about significant changes to and" after "('FDHs') will"; to add "population structure," after "Hong Kong's"; to delete "opposes" after "this Council" and substitute with "urges that the Government should, apart from the economic and social burden perspectives, explore and formulate an ultimate and most effective solution from the perspective of the impact of"; and to add "on our country's population policy and structure and even sovereignty to avoid FDHs obtaining the right of abode in Hong Kong in contravention of the policy and legislative intent due to inadequacies in the existing legislation" immediately before the full stop.
Public Officer to attend : Secretary for Security
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Clerk to the Legislative Council
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