A 11/12-7

Legislative Council

Agenda

Wednesday 16 November 2011 at 11:00 am

I. Tabling of Papers

1.No. 28-Hong Kong Science and Technology Parks Corporation Annual Report, Report of the Directors and Financial Statements 2010/2011
(to be presented by the Secretary for Commerce and Economic Development)

2.No. 29-Hong Kong Productivity Council Annual Report 2010-2011
(to be presented by the Secretary for Commerce and Economic Development)

3.No. 30-Report of changes made to the approved Estimates of Expenditure during the second quarter of 2011-12A
Public Finance Ordinance: Section 8
(to be presented by the Secretary for Financial Services and the Treasury)

4.No. 31-Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2011
(to be presented by the President of the Legislative Council)

5.No. 32-Report No. 57 of the Director of Audit on the results of value for money audits - October 2011
(to be presented by the President of the Legislative Council)

6.No. 33-Accounts of the Government for the year ended 31 March 2011
(to be presented by the Secretary for Financial Services and the Treasury)

7.Report of the Committee on Members' Interests on its consideration of complaints against Hon Timothy FOK, Hon Mrs Sophie LEUNG, Hon Andrew LEUNG, Hon CHIM Pui-chung, Dr Hon Philip WONG and Hon IP Kwok-him
(to be presented by Hon Emily LAU, Deputy Chairman of the Committee on Members' Interests, who will address the Council)

II. Questions

1. Hon Albert HO to ask: (Translation)

On 11 February 1998, the Government indicated to the then Provisional Legislative Council that in 1982, it had reached an agreement with a private consortium on the acquisition of land at Tin Shui Wai and the development of a new town in the south of Tin Shui Wai. In this connection, will the Government inform this Council:
    (a)of the scope of acquisition and planned uses of the land involved in the agreement (with illustrations); the area of the land, the amount payable to the private consortium concerned, and the fee charged for regranting 38.8 hectares of land back to that private consortium for commercial and residential development;

    (b)of the restrictions imposed by the agreement on the development of the new town in the south and the northern part of Tin Shui Wai, and whether such restrictions were no longer in effect in 2002; and

    (c)given that it has been reported that the agreement restricted the allocation of land at Tin Shui Wai by the Government for developing shop premises and markets, of the number of public rental housing ("PRH") tenants at Tin Shui Wai at present, and what measures the Government will adopt to provide affordable foods and daily necessities to those tenants, e.g. whether it will consider identifying sites near the PRH estates at Tin Shui Wai for constructing PRH markets and shopping malls to provide shop premises at a lower rental level, or leasing out vacant lands on short-term tenancy for the development of bazaars for small business operators?
Public Officer to reply : Secretary for Development

2. Hon WONG Ting-kwong to ask: (Translation)

Some newspaper hawkers who mainly rely on selling cigarettes and newspapers have relayed to me that their business is worsening because of the significant increase in tobacco duty by the Hong Kong Government in recent years, as well as the emergence of a large number of free newspapers and competition from convenience stores. In this connection, will the Government inform this Council:
    (a)of the existing number of licensed newspaper hawkers in Hong Kong; and whether the authorities had issued new licences for newspaper stalls in the past three years; if they had, of the number of licences issued each year;

    (b)in respect of licensed newspaper hawkers, whether the authorities have any long-term policy on matters such as business environment and the issuance of licence, etc.; if they have, of the details; if not, the reasons for that; and

    (c)apart from relaxing the restriction last year to permit the sale of additional commodities such as bottled water, etc. at newspaper stalls, whether the authorities will consider further permitting newspaper hawkers to sell packaged snacks and make use of the space at their stalls for letting out advertising space to supplement their income; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

3. Hon Ronny TONG to ask: (Translation)

It has been reported recently that the Hong Kong SAR Government has lost in a number of high-profile criminal and judicial review cases, resulting in the Government having to pay large amounts of legal costs. In this connection, will the Government inform this Council:
    (a)of the respective types, outcome and win-lose ratios of litigations to which the Government was a party in each of the past 10 years, including criminal and judicial review cases in the High Court and District Court, but not those in Magistrates' Courts;

    (b)of the aggregate amount of public funds expended by the Government on the cases in (a) in each of the past 10 years, and the amount for paying the fees of the attorneys of the winning parties among such public funds, together with a table setting out such figures in detail; and

    (c)whether the authorities have analyzed the aforesaid data to review and examine if the quality of the legal advice received by the SAR needs to be enhanced, and if the policy stances have deviated from the law; if such an analysis has been made, of the outcome; if not, the reasons for that?
Public Officer to reply : The Secretary for Justice

4. Hon CHAN Kam-lam to ask: (Translation)

It has been reported that the Consumer Council completed a Study on Diesel Retail Market in September this year, which revealed that the gross margin earned by oil companies for every litre of diesel sold at the retail market had soared by 46.4% within a period of five years since 2005. The study report pointed out that adjustments made to the retail price of diesel by oil companies showed the situation of"more going up, less coming down"; the study also revealed that oil companies failed to reward consumers with rebates after the Government had waived the diesel duty in phases. In this connection, will the Government inform this Council:
    (a)in monitoring the auto-fuel retail market in the past five years, whether the Government had found the situation of"quick going up, slow going down", as well as"more going up, less coming down" in respect of the retail prices for gasoline and diesel;

    (b)whether the Government has examined if various oil companies have rewarded consumers by reducing the retail price for diesel after the diesel duty has been waived by the Government; and

    (c)apart from publishing information on fuels, such as import prices, retail prices and promotional offers, etc., whether the Government has considered setting up a new regulatory mechanism, so as to more effectively maintain true competition in the fuel retail market?
Public Officer to reply : Secretary for the Environment

5. Hon Mrs Regina IP to ask: (Translation)

At present, as the husbands and wives in quite a number of dual-income families in Hong Kong have to go out to work, they need to employ foreign domestic helpers ("FDHs") to take care of the elderly and young children at home. According to the information of the Registration of Persons Office, there were only 881 FDHs in Hong Kong in 1974, but by the end of 2010, there were already more than 285 000 FDHs and among them, 117 000 FDHs had continuously worked in Hong Kong for more than seven years. In this connection, will the Government inform this Council:
    (a)given that the Standard Employment Contract ("SEC") for FDHs stipulates that the contract period is two years, which does not include a probation period, quite a number of dual-income families have relayed to me that: unlike employer-employee relationship in general, FDHs have to integrate themselves into their employers' families, and during the initial period of the contract, newly employed FDHs may have problems getting along with their employers due to the differences in living habits and customs, whether the authorities will reconsider including in SEC a provision for a probation period, so as to enable both the employer and the employee to terminate the contract as soon as possible during the probation period, with the cost of passage for the FDH to return to his/her place of origin being borne by the employer; and

    (b)given that under SEC, employers are required to provide free medical treatment in case of illnesses or personal injuries of FDHs during the employment period, but SEC has not prescribed an upper limit with regard to medical expenses; at present, the certificates of the medical examinations undertaken by FDHs before they take up employment in Hong Kong are mostly provided by FDH employment agencies to the employers, and such certificates are normally issued by the authorities in the place of origin of FDHs; when the employer finds out that the FDH suffers from serious illness or is pregnant only after her arrival in Hong Kong, apart from taking care of the FDH, the employer is also required to pay for her medical expenses, making it difficult for dual-income families to afford the expenses, whether the Government will require that the certificates of medical examinations for newly employed FDHs be provided by designated and quality assured medical institutions in the territory or in the place of origin of FDHs, so as to ensure the credibility and reliability of such medical certificates, and to safeguard the interests of the employers; if there are difficulties in implementing such a proposal, whether the Government will consider prescribing an upper limit of the medical expenses to be borne by the employers for their FDHs, so that the employers can budget for that?
Public Officer to reply : Secretary for Labour and Welfare

6. Hon Albert CHAN to ask: (Translation)

Residents of Mui Wo and Lamma Island have sought assistance from me recently, pointing out that pesticides (commonly known as agricultural pesticides) such as Paraquat, etc. may adversely affect the health of residents and dogs. Some residents have pointed out that quite a number of people sprayed toxic pesticides in the vicinity of kindergartens, primary schools and residential areas in the past few years, and they are worried that such pesticides may pose health hazard to them, especially young children. Worse still, at least 10 dogs were killed in September this year after coming into contact with Paraquat. Among them, some were killed after eating baits poisoned with Paraquat, while some were poisoned to death after only touching plants sprayed with Paraquat. As far as I know, this problem is also found in quite a number of districts in Hong Kong. In this connection, will the Government inform this Council:
    (a)whether it knows the respective numbers of dogs poisoned to death in each of the past three years; among these cases, of the number of those in which dogs were killed after taking in or coming into contact with Paraquat; and the channels through which they came into contact with it;

    (b)whether the authorities have assessed how the spraying of pesticides such as Paraquat, etc. in the vicinity of residential areas, kindergartens and primary schools will adversely affect the health of residents, especially young children; if they have, of the details; if not, the reasons for that; and

    (c)given that I have learnt that developed countries such as Finland, Sweden and Austria, etc. have prohibited the use of Paraquat, whether the authorities will consider stepping up the regulation of pesticides, including banning the sale of highly toxic pesticides such as Paraquat, etc. and restricting their use by licensed persons only; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

*7. Hon Abraham SHEK to ask:

It has been reported that a solar-powered air-conditioning system, which is pending approval from the Government, was retrofitted into 10 vehicles of different types for road tests in this summer. It is found, according to the tests, that a taxi using the system could save 21% in fuel and a minibus 27%; the charging for less than seven hours could provide more than two hours of air-conditioning. As the system is still at an early stage of commercialization, it will cost about $40,000 for a taxi and up to $120,000 for a minibus to retrofit. In this connection, will the Government inform this Council:
    (a)whether it has considered introducing and applying the system to government vehicles as a pilot scheme; if yes, of the details concerning the total estimated retrofitting cost and the timetable for implementation; if not, the reasons for that;

    (b)whether it has considered subsidizing public transport companies for retrofitting the system into their vehicles; if yes, of the criteria for determining the provision of different levels of subsidies with reference to the energy saved and carbon emissions reduced; if not, the reasons for that;

    (c)given that a setup cost and an increase in the maintenance cost will be involved in retrofitting the system, whether it has assessed if the additional costs may be passed onto the passengers of the public vehicles concerned; if the costs will be passed onto the passengers, whether the Government will consider introducing any transport cost stabilization measure;

    (d)whether it has considered increasing the availability of the charging facilities and providing sufficient maintenance services for the vehicles concerned in the face of a possible surge in the number of vehicles retrofitted with the system and the demand for its charging services; if yes, of the details; if not, the reasons for that; and

    (e)whether it will consider stepping up public education and publicity on the wider use of solar-powered air-conditioning systems; if yes, of the details?
Public Officer to reply : Secretary for the Environment

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

Given that public housing resources are heavily subsidized by public funds, the Hong Kong Housing Authority ("HA"), in an effort to rationalize the use of such resources, has adopted a more stringent yardstick for dealing with under-occupation households since 1 November 2010 by narrowing the definition of serious cases of under-occupation households from that of an average living density of 35 square metres ("m2") per person to 34m2 per person. According to the information of the Housing Department ("HD"), the majority of the under-occupation households are one-person households living in two-bedroom flats. In this connection, will the Government inform this Council:
    (a)given that in response to the recommendations of the Report No. 48 of the Director of Audit ("the Report") published in 2007, the Director of Housing ("D of H") indicated that"since 2000, HA has converted approximately 49 000 flats originally intended for sale to rental flats, many of which are large flats. In order to rent out these large flats, the HA has relaxed the allocation standards so that these flats could be allocated to families with fewer members. They would become under-occupied households once there is a small change in the number of family members (e.g. when a three-person household becomes a two-person one)", whether the authorities have compiled statistics on the number of households which have been allocated larger flats as a result of the relaxation of allocation standards by HA since 2000; and of the number of one-bedroom or two-bedroom flats exceeding 34m2 that have been allocated to two-person families as a result of this, instead of being allocated to three to four-person families according to the original standards;

    (b)given that in response to the recommendations of the Report, the D of H also indicated that HD planned to tackle the issue of under-occupation households on the basis of the following guiding principle:"to avoid more acute shortage of small flats, instead of taking action to demand under-occupied households to move from large flats to small flats under the tenancy agreements, priority should be given to allocating flats to applicants on the waiting list and clearees (i.e. people affected by clearance operations and redevelopment projects)", whether HD has tackled the issue of under-occupation households in accordance with this guiding principle; if it has, of the details; if not, the reasons for that; in addition, given that the D of H on the one hand stated that"with nearly 70 000 applicants on the waiting list (two-thirds of total) being one-person or two-person families [in 2007], and the phasing out of the converted one-person flats (commonly known as 'split flats') and old-style Housing for Senior Citizens flats, the problem of inadequate supply has become more serious", and on the other hand transferred under-occupation households to one-person flats, whether this is inconsistent with that guiding principle; and

    (c)given that in response to the recommendations of the Report, the D of H also indicated that"single-person households who are awaiting reunion with their family members from Mainland China are allowed to continue to reside in their flats even in the case of under-occupation", whether the authorities have compiled statistics on the current number of such households; if they have, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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

The Chief Executive indicated after delivering the Policy Address that good policies would definitely continue to be implemented. Yet, the new SAR Government will be formed in July next year and the persons who intend to run in the Chief Executive Election have respectively expressed their views on different policies, some of which are different in varying degrees from the existing government policies (including education, the Civil Service and poverty alleviation, etc.). In this connection, will the Government inform this Council:
    (a)whether a mechanism is in place at present for making preparation for the possible policy changes brought by the change of government; if so, of the specific contents; if not, the reasons for that, and whether it will begin to establish such a mechanism now;

    (b)after establishing the mechanism concerned, how the Government will calculate the manpower and resources involved in carrying out the relevant work; and whether it will consult the public on this; and

    (c)whether a study has been conducted on the views on policies put forth by the persons who intend to run in the 2012 Chief Executive Election; if so, when the study has begun and is anticipated to be completed, of its specific contents and findings and whether the findings will be made public; if it has not conducted such a study, the reasons for that, and whether it will initiate the study?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

*10. Hon Starry LEE to ask: (Translation)

According to the Report on the Working Group on Education for Ethnic Minorities published by the Equal Opportunities Commission earlier, the number of ethnic minority ("EM") students in Hong Kong has increased from about 10 000 three years ago to about 12 000 at present; and having held a series of meetings to exchange views with stakeholders and the Education Bureau, the Working Group noted that there are various challenges to the academic pursuit of EM students, of which learning Chinese remains the greatest. Regarding the enhancement of the educational support for EM students, will the Government inform this Council:
    (a)of the number of EM students in Hong Kong as at September this year, broken down by the level in kindergartens, primary and secondary schools as well as tertiary institutions; the details of various educational support measures and funding currently provided to them by the authorities;

    (b)with a view to encouraging EM students to integrate into the mainstream education system as early as possible, whether it will consider providing language and manpower support to pre-school education institutions, so as to assist such institutions in admitting EM children; if it will, of the details; if not, the reasons for that;

    (c)whether it will consider implementing a pilot scheme to offer Chinese language"immersion classes" for EM students studying in mainstream schools, so as to ensure that they understand and comprehend the course contents taught in class; if it will, of the details; if not, the reasons for that;

    (d)given that at present the commercial market lacks Chinese language teaching materials suitable for EM students, whether the authorities will consider publishing relevant teaching materials to provide adequate and appropriate Chinese language teaching support for these students as well as the schools concerned; if they will, of the details; if not, the reasons for that;

    (e)whether it will consider subsidizing teachers in mainstream schools to take some advanced courses on EM's cultural background, so as to enhance their awareness of cultural diversity; if it will, of the details; if not, the reasons for that;

    (f)what measures the authorities have in place to enhance EM parents' understanding of mainstream schools, and provide adequate information to help them choose the schools for their children; and

    (g)whether it will consider setting up a database covering the education, vocational training and employment situations of EMs, so as to facilitate the formulation of appropriate strategies on educational and youth support for EMs; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Education

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

The Tung Wah Group of Hospitals has been striving for the redevelopment of the Kwong Wah Hospital ("KWH") and signed a Memorandum of Understanding for the redevelopment project with the Hospital Authority ("HA") in 2009, but the redevelopment project has yet to commence. The Chief Executive has also not mentioned the redevelopment of the hospital in his 2011-2012 Policy Address. As far as I know, KWH is in urgent need of redevelopment, and also requires regular building safety inspections and maintenance (including annual inspection and engagement of overseas consultants to carry out a comprehensive structural inspection every five years to ensure building safety). In reply to a Member's question earlier, the Government said that in the redevelopment of hospitals, it would take into account"the future population growth and ageing in the region, the demand for healthcare services, the overall provision of healthcare services in the various clusters under HA, as well as the development of public and private healthcare services". As KWH cannot be redeveloped in the near future and the population of Kowloon West continues to grow, will the Government inform this Council whether it knows:
    (a)the respective amounts of expenses (by year) incurred by KWH in the past five year on the engagement of consultants and maintenance for the two types of building inspections (annual inspection and five-yearly comprehensive structural inspection); whether any major structural safety problem has been identified; if so, of the details; the estimated amount of expense on the comprehensive structural inspection to be conducted next year;

    (b)given that I have learnt that KWH has invited tenders for services of a consultant relating to the preliminary work of the redevelopment project (including traffic and heritage assessments), the current progress of the preliminary work and when it is expected to be completed;

    (c)given that when briefing this Council on the proposed redevelopment of Caritas Medical Centre ("CMC") in 2007, the Government indicated that as CMC had been in use for more than 40 years, its facilities were inadequate and outdated, and the population in the region was ageing, it was in urgent need of redevelopment, and as KWH is facing similar problems, whether the Government has made any relevant assessment of KWH (including the current utilization rates and waiting times for various services and the impact of a growing elderly population in the region on the demand for medical services);

    (d)given that the Government indicated in its reply to my earlier inquiry that the facilities of KWH had failed to adequately meet the modern operation needs and the increasing demand of the community for medical services, when the Government expects to seek funds from this Council to kick off the redevelopment of KWH; whether the Government has assessed the redevelopment costs; if so, of the amount involved; what measures it will adopt prior to the completion of the KWH redevelopment project to compensate for the current inadequate services in KWH; and

    (e)what measures the Government will put in place to improve the overall hospital services in Kowloon West, apart from the soon-to-be-completed redevelopment project of CMC and the plan to develop the Centre of Excellence in Paediatrics in Kai Tak Development Area?
Public Officer to reply : Secretary for Food and Health

*12. Dr Hon David LI to ask:

It has been learnt that from time to time investigative reports appear in the press about individual short-term tenancies ("STTs") and waivers issued by the Lands Department ("LandsD") that grant a private party the temporary right to use Government land or property, or to change land use. These reports often highlight an alleged special privilege or benefit gained by the party that holds the STT or waiver, and regardless of whether such claims are true or not, they invariably raise public concern. In this regard, will the Government inform this Council:
    (a)of the Government policy in respect of the release of information to the public on STTs and waivers not subject to tender in advance of issuance and renewal;

    (b)whether LandsD will consider publishing a database of all pending and existing STTs and waivers not subject to tender on its web site in order to increase transparency and clarify the public's doubts;

    (c)whether LandsD will consider making it a requirement for the holder of an STT or waiver not subject to tender to register the document granting the STT or waiver with the Land Registry; and

    (d)whether LandsD will consider publishing on its web site the details of any STT or waiver granted at a nominal charge or a charge at non-market rate?
Public Officer to reply : Secretary for Development

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

An international school on Lantau Island received noise abatement notices ("NANs") issued by the Noise Control Authority ("NCA") (i.e. Director of Environmental Protection) as noise emanated from the school was said to have reached 62 decibels ("dB"), which exceeded the statutory level of 60 dB for rural area. The school considered the issuance of NANs by the authorities unreasonable, and appealed to the Noise Control Appeal Board and then applied to the High Court for a judicial review, but both cases were dismissed. In this connection, will the Government inform this Council:
    (a)when NCA issues NANs, apart from considering the measurement of the noise levels taken during his investigation of complaints about noises, whether he will also take into consideration other factors (including the use of the premises emanating the noises, sources of the noises, how long the noises persist as well as at what time the noises are emanated, etc.); if he will, how he decides whether to issue NANs according to such factors; if he will not consider such factors, of the reasons for that;

    (b)given that during school recesses, students will all gather in the outdoor areas of their schools to relax and play and will cause some noises, whether the Government will, in view of the special nature of school environment, consider reviewing the noise level limit applicable to schools, so as to strike a fine balance between minimizing the noise nuisance caused to residents in the vicinity and maintaining a pleasant learning environment in school; if it will, of the details; if not, the reasons for that; and

    (c)with a view to preventing noises that may be emanated from schools from affecting residents in the vicinity, whether the Government will consider making adjustments in selecting sites for schools during planning, or assisting schools in installing noise control facilities to reduce noises; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

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

Accidents involving vehicles crashing into pedestrian refuges and resulting in casualties occur from time to time. Regarding the safety issues of pedestrian refuges, will the Government inform this Council:
    (a)of the number of traffic accidents involving pedestrian refuges in the past three years, the casualties involved and the locations where such accidents occurred; and

    (b)whether it will consider improving the installation of traffic light signals and removing pedestrian refuges gradually, so that pedestrians do not have to stop and stay in the middle of a road when they are crossing the road?
Public Officer to reply : Secretary for Transport and Housing

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

It has been learnt that the number of expatriate senior civil servants employed in various departments of the Government of the Hong Kong Special Administrative Region ("HKSAR") has been decreasing since the establishment of HKSAR, and local senior civil servants may buy their own homes in the private property market by means of applying for a housing allowance; the overall demand of the Civil Service for government quarters has been declining, and the vacancy rate of civil servant quarters in various districts across the territory which are within the purview of the Government Property Agency stands high. In this connection, will the Government inform this Council:
    (a)of the total number of units and the total floor area (in terms of square feet) of the aforesaid properties currently held by the Government; the overall vacancy rate of such properties in each of the past three years;

    (b)whether the authorities had leased out such vacant property units to the public or to private organizations in the past three years; if they had, of the respective number of units which had been leased out each year; if not, the reasons for that;

    (c)of the expenditure incurred for the repair and maintenance of such vacant properties by the authorities in each of the past three financial years, including internal decoration of the units, as well as the overall maintenance of the building structure and common parts; and

    (d)whether it has estimated the loss in government rental income in each of the past three financial years calculated using the prevailing market rent for the same period, as a result of such units being vacant for a prolonged period?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

In the 2011-2012 Policy Address, the Chief Executive proposed to set up an International Cuisine College (the"new college") under the Vocational Training Council ("VTC"), with an aim to provide training for people aspiring to become professional chefs proficient in international cuisines, and attract outstanding members of the culinary profession from around the world to Hong Kong to promote the development of related sectors, such as tourism, catering, retail and wine trading, etc. The new college is expected to be established in 2014 to provide 2 000 places. In this connection, will the Government inform this Council:
    (a)whether it has reviewed the differences between the existing Chinese Cuisine Training Institute ("CCTI") and the new college to be established in terms of curriculum design and development positioning; if it has, of the details; if not, the reasons for that;

    (b)whether it will plan to merge the development of the new college with that of CCTI; if it will, of the details; if not, the reasons for that;

    (c)of the planned numbers of certificate, diploma, advanced diploma or degree programmes to be provided by the new college each year, as well as the subject categories and duration of these programmes (set out in table form);

    (d)of the admission requirements of the new college, as well as the respective percentages of the number of places for local students and those for overseas students in the total number of places; the factors considered by VTC for setting the annual number of places provided at the new college;

    (e)whether the training courses offered by the new college can align with the courses offered by the premier culinary colleges on the Mainland and overseas and can be accredited; if they can, of the details; if not, the reasons for that;

    (f)of the qualifications and experience of the teachers of the new college, as well as the teacher-to-student ratio;

    (g)of the annual costs for running the new college, together with a detailed breakdown of the estimated expenditure by item; the amount of subsidies to be provided to the new college each year as estimated by the Government, together with a detailed breakdown of estimated expenditure by item; the criteria based on which the Government calculated these estimates, and whether the Government will provide such subsidies by phases; if it will, of the details; if not, the reasons for that;

    (h)of the estimated fees at different levels of the programmes offered by the new college each year; whether tuition remission plans will be provided to low-income persons; if so, of the details; if not, the reasons for that;

    (i)whether it has assessed the future manpower needs in the catering industry, and the career prospects of the graduates of the new college; if it has, of the details; if not, the reasons for that; and

    (j)as it has been reported that VTC is currently considering several sites for the new college with the Government, of the details of the site selection, as well as the area of the new college and the facilities to be provided therein?
Public Officer to reply : Secretary for Education

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

It has been reported that the traffic lights at Jordan Road and Lin Cheung Road of Yau Ma Tei were blown askew by strong winds when a storm hit Hong Kong recently, and as a result, the traffic signals had confused drivers and caused collisions involving several taxis. It has also been reported that the traffic lights involved were of the design of"one pole with three groups of traffic lights", i.e. three groups of traffic lights are mounted on a pole by cable wires. Regarding the design as well as repair and maintenance for traffic lights and other road facilities in Hong Kong, will the Government inform this Council:
    (a)of the number of traffic lights in Hong Kong at present; whether a system is in place for conducting regular inspection, repair and maintenance for traffic lights and other road facilities (such as zebra crossings, pedestrian signals and buttons on traffic light poles, electronic audible traffic signals, footbridge, and pedestrian subways, etc.); if so, of the details as well as the manpower and resources involved; if not, the reasons for that;

    (b)of the number of traffic accidents caused by the failure of traffic lights due to insufficient repair and maintenance in each of the past five years; whether there were cases of members of the public instituting civil actions for compensation; if so, of the details;

    (c)of the number and percentage of traffic lights using compact fluorescent lamps at present; whether the authorities have plans to replace the lamps in all the traffic lights in Hong Kong with more energy-efficient types of lamps; if so, of the implementation timetable; if not, the reasons for that;

    (d)of the number of traffic lights of the design of"one pole with three groups of traffic lights" or"one pole with several groups of traffic lights" and the number of accidents similar to the aforesaid accident caused by"traffic lights blown askew by strong winds", in each of the past five years, broken down by the number of light signals on the pole and the 18 District Council districts; and

    (e)whether the authorities have reviewed if the design of"one pole with three groups of traffic lights" or"one pole with several groups of traffic lights" can facilitate road users to cross the roads and ensure their safety (including conducting tests on the resistance of the design of cable wire fixture in the"one pole with three groups of traffic lights" design to strong winds); given the suggestion by some experts that the occurrence of similar accidents can be avoided by welding an"iron fixture" onto the poles and using screws to fix the traffic lights firmly on the poles, whether the authorities will accept such a suggestion; if so, whether there is a timetable in this respect?
Public Officer to reply : Secretary for Transport and Housing

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

It has been pointed out in a report issued earlier by a credit rating agency that mainland credit exposures have been accounting for an increasing percentage of local banking sector's total assets, and the uncertain operating environment in China will increase the risk profile of local banks. The report has also pointed out that the growing influence of Mainland's banks on their subsidiaries in Hong Kong could adversely affect the productivity and risk management capacity of these subsidiaries, thereby raising the prospect of local banks' outlook ratings being downgraded. In this connection, will the Government inform this Council:
    (a)whether it knows the particulars of the mainland-related loans approved by local banks (including credit amounts, growth rate, and the percentage of such loans in the local banking sector's total assets, etc.); the work of the Hong Kong Monetary Authority in supervising the mainland-related lending business of local banks, and whether any problem with the loan approval criteria adopted by banks has been uncovered; and

    (b)given that local banks are expanding their mainland-related businesses and their mainland credit exposures are on the rise, whether the authorities have assessed and analyzed the risks so derived and formulated corresponding measures, so as to minimize the risk exposure of local banks; whether the authorities have assessed the impact of Mainland's increasing demand for loans on Hong Kong (including local banks' raising deposit rates to attract capital to cater for the demand for loans on the Mainland, thereby pressing the local lending rate to adjust upwards, thus increasing the borrowing cost of local small and medium enterprises and adding burden on home mortgagors); if so, of the corresponding measures the authorities have in place to minimize the adverse impact on the local economy?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

Regarding the shopping centre redeveloped from the shopping mall on the Remaining Portion of Rural Building Lot No. 368 in Repulse Bay, will the Government inform this Council:
    (a)if it has conducted any assessment on the inconvenience caused to tourists by the prolonged idling of the aforesaid shopping centre and their dissatisfaction; if it has, of the assessment results; if not, whether such an assessment can be conducted immediately;

    (b)of the estimated time required for ultimately settling the court case and dispute between the Government and the consortium which built the shopping centre; and

    (c)of the approaches adopted by the Government before settlement of the court case and dispute to address the prolonged lack of supporting facilities in Repulse Bay which cater for tourists' needs?
Public Officer to reply : Secretary for Development

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

Although the Chief Executive ("CE") had not responded to society's aspiration for the provision of 15-year free education in his newly delivered final policy address in office, the Secretary for Education subsequently revealed at a meeting of the Panel on Education of this Council that the authorities were conducting a study on the provision of 15-year free education. Recently, those persons who intend to stand in the CE Election have also expressed their support for the provision of 15-year free education. In this connection, will the Government inform this Council:
    (a)of the reasons why the authorities have suddenly indicated that they are conducting a relevant study when for so many years they had refused to provide 15-year free education; the latest policy direction of the authorities on the provision of 15-year free education;

    (b)of the details such as the objectives, scope and completion time, etc. of the on-going study on the provision of 15-year free education, as well as the resources and manpower deployed for it; the preliminary findings of the study; the anticipated difficulties and technical problems which may be encountered in implementing the policy of providing 15-year free education; and

    (c)whether the authorities will conduct public consultation on the provision of 15-year free education expeditiously and hold discussions with the education sector as well as formulate an implementation timetable as early as possible?
Public Officer to reply : Secretary for Education

* For written reply

III. Members' Motions

  1. Proposed resolution under the Interpretation and General Clauses Ordinance

    Hon James TO to move the following motion:

    Resolved that in relation to the Companies Ordinance (Exemption of Companies and Prospectuses from Compliance with Provisions) (Amendment) Notice 2011, published in the Gazette as Legal Notice No. 143 of 2011, and laid on the table of the Legislative Council on 26 October 2011, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 14 December 2011.

  2. Comprehensively improving the water quality of the Victoria Harbour

    Dr Hon Priscilla LEUNG to move the following motion: (Translation)

    That, given that the 'cross harbour swimming race' was resumed on 16 October this year after a suspension of 33 years; the West Kowloon Cultural District project has entered Stage 3 of the consultation process and will soon be finalized and commenced; the first berth of Kai Tak Cruise Terminal will be commissioned in 2013; the Government is also developing continuous waterfront promenades along waterfront areas on both sides of the Victoria Harbour, and such works and projects are all closely related to the Victoria Harbour; and, as the water quality of the Victoria Harbour has all along been criticized by environmentalists, academics and the public, this Council urges the Government to formulate long-term proposals for improving the water quality of the Victoria Harbour, so as to truly realize the objective of 'returning the harbour to the people'; the relevant improvement proposals should include the following measures:

    (a)to immediately investigate and stop the pollution sources of the Victoria Harbour;

    (b)to identify misconnection of sewers in the urban areas;

    (c)to increase the existing penalties to punish individuals or enterprises who pollute the harbour;

    (d)to rectify the current situation of fragmentation of responsibilities among government departments for managing the water quality of the Victoria Harbour, and to study establishing a higher-level department to co-ordinate and follow up the relevant matters;

    (e)to draw reference from international experience, so as to formulate water quality objectives specifically for the Victoria Harbour;

    (f)to report to the public on the water quality of the various parts of the Victoria Harbour at half-yearly intervals;

    (g)to study removing polluting facilities in the vicinity of the Victoria Harbour, such as typhoon shelters, cargo working areas and polluting industrial plants, etc.; and

    (h)to make the 'cross harbour swimming race' an annual gala in Hong Kong and organize it regularly every year at different locations in the Victoria Harbour, so as to press the relevant departments to seriously improve the water quality of the Victoria Harbour.

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

    To delete"," after"That" and substitute with"the Victoria Harbour is one of the most precious resources in Hong Kong;"; to add", and at the same time, to strengthen the relevant publicity and public education, so that the public can better understand the importance and benefits of protecting the harbour environment" after"pollute the harbour"; to add", such as establishing a harbour management authority to manage, develop and enhance the environment, planning, sites and facilities in harbour areas and waterfront areas, formulate a policy for harbour areas and waterfront areas under the people-based and sustainable development principles, and encourage people to actively express their views, so as to enable the public to share and use the harbour" after"the relevant matters"; and to add", and at the same time, to enhance both sides of the Victoria Harbour together with the environment and planning of the waterfront promenades to be launched in the next few years, so as to provide better activity space for people who engage in angling and various activities in such areas" immediately before the full stop.

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

    To delete"given that" after"That," and substitute with"following the efforts made in the harbour area treatment works in recent years,"; to add"however," after"33 years;"; to delete";" after"urban areas" and substitute with", and expeditiously replace aged sewers under the various sewerage rehabilitation and upgrading works programmes, so as to ensure that effluents will not enter the Victoria Harbour through other channels and cause pollution; (c) to expeditiously complete the upgrading works of sewage collection, treatment and disposal facilities on both sides of the Victoria Harbour and in the various districts of Hong Kong, so as to raise the effluent discharge capacity of existing sewers in Hong Kong; (d) to expeditiously finalize the timetable for implementing Harbour Area Treatment Scheme Stage 2B and strive for its commencement at the earliest possible time, so as to further improve the water quality of the Victoria Harbour; (e) to study introducing a more advanced and higher standard effluent treatment process for treating effluents from both sides of the Victoria Harbour, including allocating additional resources to study the development of reclaimed water, so as to achieve the objectives of sustainable development and recycling;"; to delete the original"(c)" and substitute with"(f)"; to delete the original"(d)" and substitute with"(g)"; to delete the original"(e)" and substitute with"(h)"; to delete the original"(f)" and substitute with"(i)"; to delete the original"(g)" and substitute with"(j)"; to add"the feasibility of" before"removing polluting facilities"; to delete", such as typhoon shelters, cargo working areas and polluting industrial plants, etc." after"vicinity of the Victoria Harbour" and substitute with"while having regard to people’s livelihood needs"; to delete the original"(h)" and substitute with"(k)"; to add", on the premise of ensuring contestants’ health and safety," after"gala in Hong Kong and"; and to delete"regularly" after"organize it".

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

    To delete"formulate long-term proposals" after"the Government to" and substitute with"expeditiously adopt effective measures"; to delete"and" after"industrial plants, etc.;"; and to add"; and (i) to immediately implement Harbour Area Treatment Scheme Stage 2B" immediately before the full stop.

    Public Officer to attend : Secretary for the Environment

  3. Enacting an archives law

    Dr Hon Margaret NG to move the following motion: (Translation)

    That, in order to properly manage and preserve valuable public records, and provide channels for the public to access such records, this Council urges the Government to immediately launch public consultation on the formulation of an archives law and expeditiously proceed with its enactment.

    Amendments to the motion
    (i)Hon Paul TSE to move the following amendment: (Translation)

    To delete"provide channels for the public to access" after"public records, and" and substitute with"facilitate the public to access"; and to delete"immediately launch public consultation on the formulation of an archives law and expeditiously proceed with its enactment" immediately before the full stop and substitute with"expeditiously review the existing management of government records, and having regard to the outcome of the review, to consider adopting appropriate measures to enhance the management of government records and related services for the public".

    (ii)Hon Cyd HO to move the following amendment: (Translation)

    To add", and to: (a) establish a standing committee to review the existing situation of records management and put forward improvement proposals; (b) create a professional grade comprising all records management posts in the Government Records Service, and stipulate professional qualifications in records management as mandatory requirements; and (c) extend the mandatory requirements that are currently applicable only to the Government's internal records management to all publicly-funded statutory bodies" immediately before the full stop.

    Public Officer to attend : The Chief Secretary for Administration
Clerk to the Legislative Council