 |
A 11/12-18
Legislative Council
Agenda
Wednesday 15 February 2012 at 11:00 am
I. Tabling of Papers
| Subsidiary Legislation / Instruments | L.N. No. |
|---|
| Mutual Legal Assistance in Criminal Matters (Finland) Order (Commencement) Notice | 21/2012
|
Other Paper
| 1. | No. 70 | - | Report of the Public Accounts Committee on the Reports 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 and the Results of Value for Money Audits (Report No. 57)
(February 2012 - P.A.C. Report No. 57)
| (to be presented by Dr Hon Philip WONG, Chairman of the Public Accounts Committee, who will address the Council)
| | 2. | Report No. 12/11-12 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. Question under Rule 24(4) of the Rules of Procedure
Hon LEE Wing-tat to ask: (Translation)
It has been reported earlier by the media that in the West Kowloon Reclamation Concept Plan Competition ("the Competition") held in 2001-2002, a member of the Jury had connections with a participant but did not declare the interest, causing members of the public to query whether conflict of interest was involved, and such member of the Jury has already announced that he will stand in the forthcoming Chief Executive ("CE") Election, hence there are candidates of the CE Election as well as subscribers urging the Government to disclose all the information at that time to address public concerns. In this connection, will the Government inform this Council:
| (a) | whether the authorities will immediately make public information relating to the adjudication of the Competition at that time, including the eligibility to be a Jury member, requirements for declaration of interests by members of the Jury, contents of the declarations of interests made by the various members of the Jury, adjudication procedures and results, as well as the number of proposals being disqualified and the reasons for their disqualification; if they will, when they will do so; if not, of the reasons for that;
| | (b) | regarding the declaration of interests by the member of the Jury of the Competition who will stand in the CE Election, whether the authorities will make public all specific information, including the ranking of the proposal involved, the grade assigned to it by each Jury member, the reasons for its disqualification, and whether the participant was informed of the ranking as well as the reasons for disqualification, and the reasons why the authorities decided not to disclose the incident at that time; whether the authorities have assessed the impact of continuing not disclosing the incident on the forthcoming CE Election (including the nomination procedure currently in progress); and
| | (c) | focusing on the aforesaid incident, what immediate measures the authorities will take to ensure that the forthcoming CE Election will be conducted in a fair, impartial, and open manner?
|
Public Officer to reply : Secretary for Home Affairs
IIA. Questions
1. Dr Hon David LI to ask: (Translation)
It was announced in the 2001-2002 Policy Address that foreign nationals who are Hong Kong permanent residents may be granted three-year multiple-entry visas to the Mainland. Further, they may also apply to the Hong Kong Immigration Department for Asia Pacific Economic Cooperation Business Travel Cards. Yet neither of these arrangements allows such foreign nationals to use automated passenger clearance channels to enter and exit the Mainland. In this connection, will the Government inform this Council:
| (a) | whether it has carried out any discussion with the relevant mainland authorities to extend the automated passenger clearance channel service at mainland boundary control points to foreign nationals who are Hong Kong permanent residents; and if so, of the outcome; and
| | (b) | whether the Government will approach the relevant authorities to request the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region to give priority treatment to the visa applications from foreign nationals who hold a Hong Kong Permanent Identity Card, so as to facilitate them to travel between both places without having to wait in a long queue for their visas?
|
Public Officer to reply : Secretary for Security
2. Hon Tanya CHAN to ask: (Translation)
The trial scheme on one-off ad hoc quotas for Guangdong/Hong Kong cross-boundary private cars ("self-drive tour scheme") will be launched in March this year, and in the first phase Hong Kong private cars will be permitted to apply for one-off quotas for self-drive tour to Guangdong Province, and in the second phase private cars from Guangdong Province will be permitted entry to Hong Kong, but there is no mandatory requirement for car owners of the two places to sit for any examination or lesson before obtaining approval of the quotas. It has been reported that an online group against the self-drive tour scheme was established early this month and some members of the public joining the group worry that the self-drive tour scheme will worsen the problem of "doubly non-permanent resident pregnant women" entering the territory. In this connection, will the Government inform this Council:
| (a) | whether the Government has assessed if the self-drive tour scheme will have an impact on the problem of "doubly non-permanent resident pregnant women" entering the territory; if it has, of the details; if not, whether it will conduct such an assessment; and
| | (b) | given that at present, quite a number of pregnant mainland women who have not made any advance appointment of hospital obstetric services bypass the interception of officers of the Hong Kong Immigration Department at boundary control points by crossing the border by cars, whether the Government has any measure to prevent and combat agencies or agents on the Mainland arranging pregnant mainland women who have not made any advance appointment to come to Hong Kong through the self-drive tour scheme, or pregnant mainland women themselves making use of the scheme to give birth in Hong Kong; if it has, of the details; if not, the reasons for that?
|
| Public Officers to reply | : | Secretary for Transport and Housing
Secretary for Security |
3. Hon Albert HO to ask: (Translation)
It has been reported that the trial scheme on one-off ad hoc quotas for Guangdong/Hong Kong cross-boundary private cars ("self-drive tour scheme") will be launched in Guangdong and Hong Kong in March this year, and in the first phase of the scheme, Hong Kong people will be permitted to take northbound self-drive tours to the Mainland in their private cars, while in the second phase mainlanders will be permitted to apply for self-drive tours in Hong Kong. The drivers in both places are not required to sit for examinations or attend driving lessons before self-drive tours. I have learnt that under mutual recognition of driving licences between the two places, drivers in both places holding driving licences issued by their respective transport departments can drive to and from the two places. Some members of the public are concerned that the driving habits and culture of mainland drivers will have impact on the order of traffic and road safety in Hong Kong. In this connection, will the Government inform this Council:
| (a) | given the aforesaid public concerns, whether the Government has, in taking forward the self-drive tour scheme, assessed the public view in the two places and the impact of the self-drive tour scheme on various aspects (including the environment, traffic and passenger flow, etc.) of the societies of the two places; if it has, of the details; if not, the reasons for that;
| | (b) | whether the authorities have discussed with mainland government departments to take relevant measures and actions, with a view to ensuring that drivers travelling between the two places will comply with the relevant legislation (e.g. the legislation on transport and pollutant discharge, etc.) of the two places; if they have, of the discussion details, as well as the details of the measures and actions to be taken and the timetable; in addition, whether the authorities and the relevant departments on the Mainland have discussed the law enforcement and prosecution procedures in the event that a mainland or a Hong Kong driver under the self-drive tour scheme contravenes the traffic legislation in Hong Kong or on the Mainland; if they have, of the details; if not, the reasons for that; and
| | (c) | given that the driving habits, culture and legislation in both places are not entirely the same, in order to safeguard the safety of various road users, whether it knows if the governments of both places will take the initiative to arrange driving lessons for those who take part in self-drive tours; whether the authorities will make it mandatory that drivers in both places have to pass the examinations conducted by the relevant government departments of both places or attend the driving lessons offered in both places before they are permitted to drive between the two places; if they will, of the details; if not, the reasons for that?
|
Public Officer to reply : Secretary for Transport and Housing
4. Hon LAU Wong-fat to ask: (Translation)
The aircraft of Cathay Pacific Airways ("CX") has been involved in various incidents (including engine failure, cracking of the cockpit windshield and smoke in the cabin, etc.) one after another recently. In this connection, will the Government inform this Council:
| (a) | of the details of the incidents involving CX aircraft in the past two years;
| | (b) | whether it has looked into the reasons why recently the number of incidents involving CX aircraft has increased rapidly; and
| | (c) | of the measures taken by the regulatory authorities in respect of the recent increase in aircraft incidents?
|
Public Officer to reply : Secretary for Transport and Housing
5. Hon WONG Kwok-hing to ask: (Translation)
The tram, which is one of the mass transit carriers with the longest history in Hong Kong, has been providing service for people on Hong Kong Island for over 100 years and is frequently patronized by the elderly and persons with disabilities ("PWDs"). According to the statistical information from Hong Kong Tramways, Limited ("HKT"), the tram has a daily passenger volume of about 230 000 passenger trips, and it has been learnt that among this daily passenger volume, 15% are elderly people aged 65 and above, which amount to almost 35 000 passenger trips per day and about 12.7 million passenger trips per year in aggregation. However, in the public transport fare concessions scheme ("fare concessions scheme") to be launched by the Government for the elderly and eligible PWDs in the middle of this year, the tram, which is frequently patronized by the elderly, is not included. In his reply to a Member's question in the Question and Answer Session of this Council on 13 October last year, the Chief Executive ("CE") said that discussions with HKT would be required before considering whether free tram rides would be offered to the elderly. In this connection, will the Government inform this Council:
| (a) | given that HKT offers a concessionary fare of $1 per trip for the elderly at present, whether the Government has actively considered including the tram in the fare concessions scheme by reimbursing HKT the $1 concessionary fare according to the number of passenger trips actually taken by the elderly and PWDs, and introducing this fare concession in tandem with the fare concessions of the MTR and franchised buses, etc.; if it has not, of the reasons for that;
| | (b) | whether the Government has discussed with HKT to include the tram in the fare concessions scheme; if it has, of the result and the timetable; and
| | (c) | since CE announced the launch of the fare concessions scheme in the 2011-2012 Policy Address, whether other public transport operators ("operators"), apart from those of MTR, franchised buses and ferries, have indicated interest to the Government in participating in the scheme; if so, which operators have indicated such interest and how the Government responded to them; if not, whether the authorities will consider actively inviting various operators to participate in the scheme, so that the scheme may cover more modes of transport when it is launched this year, thereby facilitating the elderly and PWDs in commuting?
|
Public Officer to reply : Secretary for Labour and Welfare
6. Hon WONG Sing-chi to ask: (Translation)
An incident of a person with mental illness killing another person happened earlier at Choi Yuen Estate in Sheung Shui. There have been comments that this is a result of the reduction in psychiatric beds by the Hospital Authority ("HA") in recent years, which has substantially increased the number of people recovering from mental illness in the community, but the ancillary facilities in the community are insufficient. In addition, some cases of people with mental illness receiving social rehabilitation services are followed up by various government departments such as the Police, Housing Department and Social Welfare Department ("SWD") as well as non-governmental organizations, but the patients' records of violence kept by such departments may be different. In this connection, will the Government inform this Council:
| (a) | whether the aforesaid problems of follow-up by government departments and organizations and records of cases arose from insufficient communication and coordination among various departments; whether this problem has been reviewed by the Working Group on Mental Health Services, which is a multi-disciplinary consultation mechanism set up by the Government;
| | (b) | of the progress of the authorities' efforts in enhancing community support; of the progress of introducing Community Treatment Orders; whether it knows the number of case managers to be recruited by HA for launching the Case Management Programme in the 12 districts across the territory, the number of vacancies not yet filled at present, and the number of people with severe mental illness to be followed up by each case manager; of the number of Integrated Community Centres for Mental Wellness being planned by SWD for which the locations have yet to be identified, and of the District Councils or districts the residents of which oppose to the provision of such centres; and
| | (c) | whether it has assessed how incidents of people with mental illness committing killings affect the views of the public towards people with mental illness, and whether they will give rise to ostracism and discrimination, as well as what difficulties will be created for the implementation of community-based rehabilitation; of the authorities' measures to respond to members of the public having a prejudice against people with mental illness after the occurrence of the aforesaid incident; whether they will consider making reference to overseas experience and adopt measures to encourage the media to be impartial and positive in their reports about mental illness and people with mental illness?
|
Public Officer to reply : Secretary for Food and Health
*7. Hon WONG Ting-kwong to ask: (Translation)
Last year, the Consumer Council received 305 complaints against ginseng and dried seafood shops which deceived customers with unscrupulous practices, representing an increase of 34% over the figure of the previous year. Among such complaints, the number of cases which involved misleading indication of unit price also surged by 88% from 117 to 220, with 85% of the complainants being mainland tourists visiting Hong Kong, and it has been learnt that the shops being complained against are mainly located in tourist areas. In this connection, will the Government inform this Council:
| (a) | given that there are clear regulation and penalties in the Trade Descriptions Ordinance (Cap. 362) ("the Ordinance") regarding a retailer's display of a sign to indicate the price of goods, yet the number of complaints about misleading indication of unit price is still increasing with a significant surge of nearly 90% instead of decreasing, whether it knows the reasons for that;
| | (b) | of the inspections conducted and enforcement actions taken by the Customs and Excise Department in relation to the Ordinance in the past three years; whether it will step up efforts in conducting inspections in response to the increase in complaints; if it will, of the details; if not, the reasons for that; and
| | (c) | focusing on the problem of unclear units of quantity, whether the authorities have plans to strengthen education for shop operators, the public and tourists in this regard, and publicize that unit prices must be displayed clearly as required by the relevant legislation; if they have, of the detailed contents of such plans; if not, the reasons for that?
|
Public Officer to reply : Secretary for Commerce and Economic Development
*8. Ir Dr Hon Raymond HO to ask: (Translation)
There have been media reports from time to time that the behaviour of some individual passengers in MTR train compartments contravenes the provisions in the Mass Transit Railway By-Laws (Cap. 556B) ("the By-Laws") and causes nuisance to other passengers, and dissuasion or intervention by other passengers often results in verbal or physical conflicts. In this connection, will the Government inform this Council:
| (a) | whether it knows the statistics on complaints about acts of contravention or nuisance behaviour of MTR passengers in train compartments in each of the past three years;
| | (b) | of the number of passengers being prosecuted for breaching the By-Laws in the past three years, broken down by year and the act of contravention concerned; and
| | (c) | whether it knows if the MTR Corporation Limited ("MTRCL") has assigned dedicated staff members to report on passengers who contravene the By-Laws; if MTRCL has not, of the reasons for that; if MTRCL has, whether MTRCL will consider stepping up its efforts in reporting on such passengers in order to achieve a deterrent effect and reduce disputes among passengers caused by such acts of contravention?
|
Public Officer to reply : Secretary for Transport and Housing
*9. Hon Starry LEE to ask: (Translation)
I have received complaints from a number of owners of old buildings, indicating that the Fire Services Department ("FSD") earlier served on the owners and occupants of their buildings fire safety directions ("direction") under the Fire Safety (Buildings) Ordinance (Cap. 572) ("the Ordinance") to require them to improve the fire service facilities in common areas by a specified date. The owners who complained to me said that they were willing to comply with the order, and had taken initiative to convene owners' meetings to persuade other owners to carry out the improvement works, and had obtained some price quotations of the works for follow-up, yet quite a number of owners of the buildings were rather uncooperative and they had never attended the relevant owners' meetings to discuss the matter. Since their buildings did not have any owners' corporations, the owners who were willing to pay for the improvement works could not force those who were unwilling to pay for the works, and as a result, the works could still not be commenced even after years of delay. It has been learnt that FSD has currently decided that for cases in which the owners concerned have difficulty in complying with the directions and have been granted approval of extending the deadlines for compliance, no further extension will be granted, and the cases will be referred to the court directly for prosecutions against all owners of the buildings. In this connection, will the Government inform this Council:
| (a) | of the respective numbers of fire safety directions served by FSD on buildings in various districts under the Ordinance in the past five years, broken down by District Council districts; the numbers of old buildings involved which are more than 30 years' old; the respective numbers of such directions which had fully been complied with, as well as those which had been issued for one year to less than two years, two years to less than three years, three years to less than four years, four years to less than five years, and five years or more but still had not been complied with; the number of prosecutions instituted by the authorities in the past five years; and the penalties generally imposed on the convicted persons;
| | (b) | given that some owners of old buildings have indicated that the authorities required them to install roof tanks, staircase hose reels, and provide enclosure of electrical wiring, etc., which may not be suitable due to factors such as the structure and limited space of the staircases and rooftops, etc., and they therefore wish to use other facilities as substitute, what assistance the authorities provide to those owners of old buildings receiving the directions;
| | (c) | whether it will consider following the practice of "removal first, cost recovery to follow" adopted by the Buildings Department in respect of unauthorized building works, so that for the buildings where the owners have failed to reach a consensus to comply with the direction for years, the authorities can arrange staff to carry out the improvement work on the fire service facilities, and then recover from the respective households afterwards their share of the costs incurred; if it will, of the details; if not, the reasons for that; and
| | (d) | with regard to the cases which failed to comply with the direction by the specified date, whether the Government will consider dealing with the cooperative and uncooperative owners separately and in phases, in that those uncooperative owners will be dealt with first, and then those owners who can produce proof (such as minutes of meeting, signed payment consent, etc.) to show that they have tried their best and have undertaken to pay for the improvement works in a later stage; if it will, of the details; if not, the reasons for that?
|
Public Officer to reply : Secretary for Security
*10. Dr Hon LAM Tai-fai to ask: (Translation)
Some members of the agriculture and fisheries industries ("the industries") in Hong Kong have relayed to me that the operating environment of members of the industries continues to deteriorate but the Government has all along failed to provide sufficient support to them over the years, rendering it difficult for them to survive and sustain their development. In this connection, will the Government inform this Council:
| (a) | whether it has assessed the importance of the industries in terms of their impact on the economy, society and people's livelihood in Hong Kong; if it has, of the details; if not, the reasons for that;
| | (b) | of the respective local market share (in percentages) of the agriculture and fisheries production in Hong Kong at present, and how the current situation compares with that of a decade ago, as well as the reasons for the changes which had occurred;
| | (c) | how the current number and areas of fish breeding ground and farmland in Hong Kong compare with those of a decade ago, and the reasons for the changes which had occurred; whether it will consider relaxing the use of additional land and waters to provide more room for business and development of the industries; if it will, of the details; if not, the reasons for that;
| | (d) | whether it will step up efforts in assisting local vessels engaged in offshore fishing; if it will, of the details; if not, the reasons for that;
| | (e) | whether it will step up efforts in assisting local farmers in improving their production techniques and enhancing the quality of their agricultural products; if it will, of the details; if not, the reasons for that;
| | (f) | whether it has considered developing the local industries by integrating them with other industries, including the catering and tourism industries, so as to achieve synergy; if it has, of the details; if not, the reasons for that;
| | (g) | whether it will consider establishing a dedicated committee with joint participation of government officials and representatives of the industries to formulate policies on the development of the industries, with a view to assisting them in developing and establishing local quality brand names, as well as improving the quality and status of members of the industries; if it will, of the details; if not, the reasons for that;
| | (h) | whether it will conduct a review of the operation of the agriculture and fisheries related loan funds, including lowering the application threshold, reducing the requirement of secured properties as loan conditions and increasing the amounts of loans or subsidies, etc., so as to facilitate financing of members of the industries; if it will, of the details; if not, the reasons for that; of the progress of the review of the Fisheries Development Loan Fund conducted by the authorities; when the "Sustainable Fisheries Funding Scheme" will be established as proposed by the Committee on Sustainable Fisheries;
| | (i) | whether it will conduct a review of the mechanism for granting ex-gratia payments relating to members of the industries (including offering reasonable compensation for breeding ground or farms which are contaminated by works in the vicinity or affected by avian flu) so as to provide support for members of the industries to tide over the difficulties; if it will, of the details; if not, the reasons for that;
| | (j) | given that the Development Bureau is now conducting consultation on 25 potential sites suitable for reclamation, whether the authorities have enhanced communications with members of the fisheries industry in Hong Kong and explained the situation to them, as well as assessed the impact of reclamation on them; if they have, of the details, if not, the reasons for that;
| | (k) | whether it has put in place any new measure to assist members of the industries in restructuring by developing leisure agriculture and fishery trades and eco-tourism with Hong Kong characteristics, including setting up inter-departmental ad hoc groups to assist in solving problems of lack of coordination among government departments and providing training for members of the industries, with a view to providing ownership and re-employment opportunities for them; if it has, of the details; if not, the reasons for that;
| | (l) | of the new initiatives to help the industries establish sustainable and competitive local quality brand names to open up more local and overseas sales channels; and
| | (m) | whether it has put in place any policy or specific measure to ensure that a balance is struck between safeguarding the ecological environment for birds and maintaining sustainable development of the industries; if it has, of the details; if not, the reasons for that?
|
Public Officer to reply : Secretary for Food and Health
*11. Hon Paul TSE to ask: (Translation)
It has been reported that a celebrity in the catering industry who took a flight of a local airline to London claimed compensation from the airline for a nine-hour flight delay, and he brought along journalists to cover the process of making the claim at the scene. Consequently, the celebrity and his five companions were indemnified for their loss according to the amounts shown on receipts, and each person was also compensated $40,000 in cash and a one-night hotel stay, and the celebrity was even offered an upgrade of his seat to business class. In this connection, will the Government inform this Council:
| (a) | given that quite a number of members of the public complained to my office in the past that there was no government department responsible for coordinating and handling complaints and disputes arising from flight delays, in particular when passengers were forced to take later flights due to the overbooking policy of airlines, and that the recent spate of flight delays have resulted in passengers refusing to board or get off planes, or caused confusions at the airport, and seriously affected public order at the airport and its image, through which channel passengers can lodge complaints to the Government in case of flight delays at present; whether there is currently any policy bureau or government department responsible for coordinating and handling complaints or disputes arising from flight delays, and whether there is any official who will handle such complaints or disputes during non-office hours; if not, whether it will immediately conduct a review and formulate counter-measures;
| | (b) | whether it knows the policies to deal with flight delays adopted by the governments of the five countries with the highest number of flights among various countries in Europe, the United States and Asia; whether any department is designated to be responsible for that; whether the SAR Government will make reference to the practices of such countries, and extend or improve the current approach of handling in order to reduce the number of disputes between airlines and passengers, with a view to safeguarding the reputation of the tourism industry of Hong Kong; if it will, of the plan; if not, the reasons for that;
| | (c) | of the number of complaints received by the Government in each of the past three years involving flight delays; whether and how it will handle the complaints received; whether it has established the handling procedures; of the approximate time required to deal with each complaint; whether it knows the compensation criteria adopted by the airlines, as well as the highest amount of compensation in the past three years; and
| | (d) | given that after the aforesaid incident had been reported by the media, a member of the public who was a frequent patron of that airline for many years indicated that in a number of flight-delay incidents in the past, he was offered only an upgrade of his seat or a one-night hotel stay, and he doubted that it was under the pressure of "the hegemony of celebrity" (i.e. the effect created by the celebrity and the journalists together) that the airline paid high compensation in order to settle the matter to avoid trouble, resulting in a huge difference between the above incident and other similar cases in terms of the compensation amount, whether the Government had received complaints regarding the huge difference between the above incident and other similar cases in terms of the compensation amount, as well as other complaints about huge differences in compensation amounts for flight delays in the past three years; if it had, whether it has followed up the reasons for such huge differences in compensation amounts involved in such complaints; if it has, of the details; if not, whether it can take the initiative to make enquiries with the airlines concerned?
|
Public Officer to reply : Secretary for Transport and Housing
*12. Hon Frederick FUNG to ask: (Translation)
In his 2011-2012 Policy Address, the Chief Executive ("CE") proposed public transport fare concessions ("fare concessions") for the elderly and eligible persons with disabilities ("PWDs") to travel by MTR trains, franchised buses and ferries at a concessionary fare of $2 per trip. At the Question and Answer Session of this Council held last month, CE indicated that he would seek to implement the fare concessions scheme for the elderly before the change of the Government. In this connection, will the Government inform this Council:
| (a) | of the details of the necessary procedures and preparatory work, etc. from putting forward to implementing the fare concessions proposal; of the latest progress, including discussions with the public transport operators ("operators") and difficulties encountered in tackling technical problems and problems in administrative procedures, etc. (e.g. sharing of administrative costs, etc.); whether the authorities have requested the operators to shoulder their social responsibilities and bear more of the additional expenditures arising from the proposal; and
| | (b) | given that after the announcement of the fare concessions proposal, different views (including lowering the minimum age limit for elderly recipients and extending the concessions to all public transport to encourage the elderly and PWDs to go out for activities) have been expressed in the community, whether the authorities have assessed the feasibility of these views; if they have not, of the reasons; whether they have specifically contacted other operators (e.g. green minibus operators, etc.); whether the authorities have planned to extend the concessions to cover the entire public transport system at the next stage?
|
Public Officer to reply : Secretary for Labour and Welfare
*13. Hon Tanya CHAN to ask: (Translation)
Recently, some members of the public have reflected to me that some of the private columbaria ("columbaria") in Part B ("List B") (i.e. those columbaria that do not fall under Part A which sets out the columbaria that are "compliant with the user restrictions in the land leases and the statutory town planning requirements and are not illegally occupying government land") in the Information on Private Columbaria published by the Government have withdrawn their applications to the Town Planning Board for revising the planning permissions for land. It is understood that these columbaria continue to operate and are still selling niches to members of the public, which means that these columbaria are operating in breach of the planning permissions granted to them; however, up until now, the Government has not put in place any licensing scheme to regulate the columbaria. It has been learnt that the Lands Department ("LandsD") has detected a case of occupation of government land by a columbarium in Tuen Mun, and has also rejected an application from a columbarium in Ma Shi Chau of Tai Po for revising its land lease conditions. In this connection, will the Government inform this Council:
| (a) | of the number of niches currently provided by the columbaria in List B, as well as their prices; whether the authorities will consider immediately collecting the relevant data if they do not have such data in hand; if they will, of the details; if not, the reasons for that;
| | (b) | of the number of complaints received by the authorities in the past three years about columbaria being suspected of breaching the user restrictions in land leases or planning permissions; among these columbaria, the number of those which are confirmed by the authorities to have breached the user restrictions in land leases or planning permissions, and whether all such columbaria have been included in List B; if not, the number of those columbaria which have not been included in List B and the reasons for their exclusion from List B;
| | (c) | whether the authorities will take law enforcement and regulatory actions under the Town Planning Ordinance (Cap. 131) against the columbaria which have withdrawn their applications for revising planning permissions; if they will, of the details; if not, the reasons for that;
| | (d) | whether LandsD will take law enforcement and regulatory actions against the columbaria which have occupied government land or breached land lease conditions; if it will, how it will deal with the columbaria which have breached land lease conditions but are still operating; how the authorities will reduce the impact of their enforcement and regulatory actions on the ashes of the deceased which are placed in the niches of non-compliant columbaria;
| | (e) | given that at present, quite a number of non-compliant columbaria are still selling niches to members of the public, whether the authorities will strengthen public education, so as to enhance their understanding of the regulatory policy on columbaria, and advise members of the public to refrain from buying niches from non-compliant columbaria; if they will, of the details; if not, the reasons for that; and
| | (f) | given that at present, quite a number of columbaria that have been included in List B are still conducting publicity and promotion through various channels, and that quite a number of members of the public are attracted by such promotion efforts to buy niches from these columbaria, whether the authorities will consider restricting the conduct of promotion activities in any form by the columbaria in List B; if they will, of the details; if they will not, the reasons for that?
|
Public Officer to reply : Secretary for Food and Health
*14. Hon Paul TSE to ask: (Translation)
It has been reported that on a mainland webcast television programme on 19 January this year, a Peking University professor, when commenting on an incident involving a mainland child eating in an MTR train compartment, pointed out that "the people of Hong Kong are dogs", and he even insulted the people of Hong Kong using harsh words such as "the use of the rule of law to maintain order in a place is proof that the people there have neither quality nor self-consciousness......put in a single word: cheap", and the incident sparked strong reaction from people of both the Mainland and Hong Kong, as well as extensive coverage by overseas media including the Japanese media, etc. The report has also pointed out that in addition to the aforesaid incident, the worsening problem of pregnant mainland women whose spouses are not Hong Kong residents giving birth in Hong Kong in recent years, the "D&G photo ban incident" as well as incidents of famous brand stores in Hong Kong being alleged of favouring mainland visitors and neglecting Hong Kong people, and some even being alleged of discriminating against Hong Kong people, etc. resulted in deepening conflicts between the people of the Mainland and Hong Kong. In this connection, will the Government inform this Council:
| (a) | whether the Government has made enquiries with the Peking University or the professor himself about the reasons for making the aforesaid remarks; whether it has assessed if such remarks create split between the people of the Mainland and Hong Kong as well as cause the negative effect of provoking anxiety, hatred and even conflicts; if it has, of the outcome; if not, whether an assessment can be conducted as soon as possible;
| | (b) | whether it has studied enhancing the prevention of malicious and defamatory words or deeds against a specific ethnic group through enforcing or amending the existing Race Discrimination Ordinance (Cap. 602), in order to maintain social and ethnic harmony; and
| | (c) | whether it will take the initiative to contact the relevant mainland departments and Peking University, and request them to follow up the remarks of the aforesaid professor as well as the responsibilities and consequences which he should bear, in order to allay the discontent of Hong Kong people and the concerns of the foreign media?
|
Public Officer to reply : Secretary for Constitutional and Mainland Affairs
*15. Hon Frederick FUNG to ask: (Translation)
At present, the Drainage Services Department is responsible for the sewage and stormwater treatment and drainage systems in Hong Kong. The stormwater drainage system is mainly used for flood prevention and for coping with floods caused by heavy rainstorms, and stormwater is basically untreated before it is discharged into the sea directly. In this connection, will the Government inform this Council:
| (a) | of the number and contents of the complaints received by the authorities in the past three years about the hygiene problems brought by the outfalls and gullies of the stormwater collection system, as well as the solutions provided by the authorities; whether the authorities have conducted any study or used any new technology to improve the relevant hygienic conditions;
| | (b) | given that it is possible that the sewage produced in our daily lives may be discharged into the stormwater collection system directly (e.g. the sewage produced from street cleaning, especially during the dry seasons when there is not enough rainwater to dilute the sewage before it is discharged into the sea directly), thereby polluting the coastal water in the vicinity of outfalls and giving out foul odour, whether the authorities have, in the past, conducted water quality tests on the sewage discharged through the stormwater collection system or the coastal water in the vicinity of the outfalls at different times in each year; if they have, of the test results in the past three years (including the impacts of seasonal factors, etc.); if not, the reasons for that;
| | (c) | whether the authorities have examined or considered applying the technologies (including connecting all or some of the stormwater drains to the sewage drainage system and putting in place a switching system that allows the connection of stormwater drains to the sewage drainage system) used in the stormwater collection systems in other places, so as to reduce water pollution caused by the direct discharge of stormwater; if not, of the reasons for that; and
| | (d) | whether the authorities have, in the past, conducted any study on stormwater collection systems with a view to utilizing stormwater resources in a more effective way to reduce the consumption of potable water, e.g. building large-scale or regional stormwater harvesting systems and secondary water supply systems (i.e. systems other than the existing plumbing systems for fresh water supply at the taps) for the purpose of utilizing stormwater for various non-potable uses (e.g. toilet flushing, landscape irrigation and cooling air-conditioning systems, etc.); if they have, of the findings?
|
Public Officer to reply : Secretary for Development
*16. Hon Albert HO to ask: (Translation)
Over the years, the Education Bureau ("EDB") keeps on closing schools, and a number of schools ceased operation because of under-enrolment. However, it has been learnt that the birth rate this year will increase due to the Year of the Dragon effect. In this connection, will the Government inform this Council:
| (a) | of the cumulative number of schools (including primary and secondary schools) which have been closed thus far due to the aforesaid reason, together with details about the usage of the premises and land of such schools; and
| | (b) | whether EDB will re-open closed schools in response to the increase in the number of school-age children a few years later as a result of the rising birth rate due to the Year of the Dragon effect, so as to cope with the future demand for school places; if it will not, of the reasons for that?
|
Public Officer to reply : Secretary for Education
*17. Hon Cyd HO to ask: (Translation)
Will the Government inform this Council:
| (a) | of the number of persons who resided in Hong Kong for more than seven years applying for right of abode in the Hong Kong SAR ("ROA") since 1997; the respective numbers of persons whose applications were approved and rejected, together with a breakdown by year set out in table form;
| | (b) | of a breakdown of the number of applicants in (a) whose ROA applications were approved by race, age when ROA was granted, sex, profession, income and total asset value (set out in table form); and
| | (c) | of a breakdown of the number of applicants in (a) whose ROA applications were rejected by race, age when ROA application was rejected, sex, profession, income, total asset value and reason for ROA application being rejected (set out in table form)?
|
Public Officer to reply : Secretary for Security
*18. Hon Andrew LEUNG to ask: (Translation)
It has been reported earlier that a country found that the level of radioactive contamination of automotives made in Japan exceeded the normal standard and thus banned the import of such automotives. Regarding the radioactive contamination of Japanese products, will the Government inform this Council:
| (a) | apart from food products, whether the authorities have conducted regular sample tests since March last year on the level of radioactive contamination of products (including auto parts and components, electronic components, drugs, toys, cosmetic products, clothing, stationery items, daily necessities and medical equipment, etc.) made in Japan; if they have, of the number of sample tests conducted and the test results; if not, the reasons for that;
| | (b) | given that Japan announced in December last year the leakage of contaminated water with a high concentration of radioactive substances ("the contaminated water"), of the government departments in Hong Kong which are responsible for assisting those Hong Kong people who are worried about having come into contact with the contaminated water in Japan to conduct checks; and
| | (c) | given that a health desk was set up by the authorities at the Hong Kong International Airport for passengers arriving at Hong Kong from Japan for voluntary checking of their level of radioactive contamination, of the number of members of the public who were checked at the health desk, and whether the level of radioactive contamination of any of them exceeded the normal standard; whether the authorities have compiled statistics on the members of the public who went to public or private hospitals, clinics or laboratories on the own for treatment or checking upon suspension of the health desk service since May last year; if they have, of the statistics; if not, the reasons for that?
|
Public Officer to reply : Secretary for Food and Health
*19. Hon James TO to ask: (Translation)
In view of increasingly frequent exchanges between Guangdong and Hong Kong in recent years, the Government has announced that it will launch the trial scheme on one-off ad hoc quotas for Guangdong/Hong Kong cross-boundary private cars ("self-drive tour scheme") in March this year. In the first phase Hong Kong private cars will be permitted to enter Guangdong Province for self-drive tours on a trial basis, and in the second phase private cars from Guangdong Province will be permitted entry to Hong Kong. Regarding the cooperation between the governments of Hong Kong and Guangdong over the self-drive tour scheme and the possible problems that may result from the differences between the two places (such as traffic regulations, etc.), will the Government inform this Council:
| (a) | of the eligibility criteria of the self-drive tour scheme and the respective numbers of one-off quotas for self-drive tours in the aforesaid two phases;
| | (b) | when some mainland drivers making self-drive tours breach the traffic regulations of Hong Kong, how the Government will ensure that it will not fail to impose punishment on them because they have left Hong Kong; whether the Government will consider establishing a mechanism to publish a list of repeated traffic offenders so that law enforcement officers at boundary control points may stop these repeated offenders from driving into or out of the territory;
| | (c) | given the obvious differences in the control of pollutant discharge from vehicles between the Mainland and Hong Kong at present, how the Government will exercise control on in-coming vehicles which do not meet the emission standards for vehicles in Hong Kong;
| | (d) | whether the Government has at present provided guidance and training for frontline law enforcement officers to cater for the implementation of the self-drive tour scheme;
| | (e) | since it has been learnt that the measures for drivers and passengers of cross-boundary vehicles to cross the boundary without alighting from vehicles are implemented at Shenzhen Bay Port ("SBP") at present and passengers will only be required to alight for inspection if those vehicles are found to be suspicious, whether the existing software and hardware facilities at SBP are sufficient to cater for people taking part in self-drive tours to cross the boundary through SBP; if so, of the details; if not, whether it has any plan to upgrade the facilities; if it has, of the timetable; and
| | (f) | given that the original intent of the self-drive tour scheme is to promote exchanges between Guangdong and Hong Kong and facilitate members of the public to travel by self-driving, how the Government will prevent people from abusing the scheme, e.g. using the vehicles under the self-drive tour scheme for conveying passengers and transporting goods for business purposes?
|
Public Officer to reply : Secretary for Transport and Housing
*20. Hon Alan LEONG to ask: (Translation)
Under the Landslip Preventive Measures Programme ("LPMP"), 3 100 government slopes have been stabilized, and safety-screening studies have been conducted on 3 300 private slopes, and under the Landslip Prevention and Mitigation Programme ("LPMitP"), 15 000 man-made slopes of moderate risk will be dealt with. In this connection, will the Government inform this Council:
| (a) | of the number of footpaths at the top or bottom of the slopes which have been stabilized under LPMP; whether such works involved repairs of the footpaths connected to the slopes or provision of new footpaths; if so, of the number, together with a table listing the details of the works; if not, the reasons for that;
| | (b) | of the number of footpaths at the top or bottom of the slopes that have been stabilized or are being stabilized under LPMitP; whether such works involved repairs of footpaths connected to the slopes or provision of new footpaths; if so, of the number, together with a table listing the details of the works; if not, the reasons for that; and
| | (c) | whether the authorities have assessed if it is the most cost-effective approach and convenient for pedestrians to carry out slope stabilization works under the two aforesaid programmes in tandem with the improvement works for the footpaths connected to the slopes; if they have assessed, of the results?
|
Public Officer to reply : Secretary for Development
* For written reply
III. Motions
Proposed resolution under the Public Finance Ordinance
Secretary for Financial Services and the Treasury to move the motion in the Appendix.
|
(The motion was also issued on 1 February 2012
under LC Paper No. CB(3) 383/11-12)
|
IV. Members' Motions
- Motion under Rule 49E(2) of the Rules of Procedure
Hon Miriam LAU to move the following motion:
That this Council takes note of Report No. 12/11-12 of the House Committee laid on the Table of the Council on 15 February 2012 in relation to the subsidiary legislation and instrument(s) as listed below:
| Item Number | Title of Subsidiary Legislation or Instrument
| | (1) | Undesirable Medical Advertisements (Amendment) Ordinance 2005 (Commencement) Notice 2012 (L.N. 3/2012).
|
Public Officer to attend : Secretary for Food and Health
- Report of the delegation of the Panel on Manpower to study the experience in the implementation of standard working hours in the Republic of Korea
Hon LEE Cheuk-yan to move the following motion:
(Translation)
That this Council notes the Report of the delegation of the Panel on Manpower to study the experience in the implementation of standard working hours in the Republic of Korea.
Public Officer to attend : Secretary for Labour and Welfare
- Government-led promotion of a territory-wide energy conservation campaign
Hon CHAN Kin-por to move the following motion:
(Translation)
That the Government proposes in the Consultation Document on Hong Kong's Climate Change Strategy and Action Agenda to significantly increase, in 2020, the proportion of nuclear power generation in Hong Kong's fuel mix for power generation from 23% in 2009 to 50% and the proportion of electricity generated using natural gas from 23% to 40%, but given that the earlier nuclear power incident in Fukushima of Japan has aroused public concern about the safety of nuclear power, and replacing coal with natural gas, which is cleaner, for power generation will significantly increase power generation costs, the options for Hong Kong's fuel mix for power generation are thus further limited; besides, Hong Kong is not endowed with any energy resources, promoting energy conservation therefore becomes more important; as a matter of fact, energy conservation and enhancing energy efficiency have become a major sustainable development trend among the international community, and many countries in the world (including China) have even adopted energy conservation and emission reduction as an important state policy; in this connection, this Council urges the Government to immediately formulate afresh territory-wide energy conservation policies and objectives, take the lead in organizing a territory-wide energy conservation campaign, and adopt multi-faceted incentive measures to unite and motivate people from different strata as well as enterprises to participate in the territory-wide energy conservation campaign, so as to comprehensively enhance energy efficiency in Hong Kong.
| Amendments to the motion
| | (i) | Hon KAM Nai-wai to move the following amendment:
(Translation)
To add ", given that" after "That"; and to add "; besides, this Council also requests the Government to immediately shelve the aforesaid plan of significantly increasing the use of nuclear power (from 23% in 2009 to 50% in 2020) in order to allay people's worries about the use of nuclear power; at the same time, with a view to reducing energy consumption and electricity consumption by the public, this Council urges the Government to implement the following measures: (a) to study conducting electricity consumption audits for buildings on a free of charge basis and offering a series of energy conservation recommendations after such audits, so as to reduce energy consumption and electricity consumption by the public; (b) to propose in the 2012-13 Budget the provision of an electricity charge subsidy of $1,200 to an account whose electricity consumption in a half-year period is 5% or more lower than its consumption in the corresponding period of the previous year, so as to encourage people to reduce electricity consumption; (c) to propose in the 2012-13 Budget the provision of tax allowance to people who purchase energy efficient products with Grade 1 energy label, subject to a ceiling of $5,000; (d) to truly foster the development of a low-carbon traffic and transport system by including travelling on foot and cycling in the formulation and planning of its overall transport policy, and encourage people to travel on public transport and the mass transit system more frequently; at the same time, to formulate a long-term cycling policy, perfect bicycle management facilities (such as cycle parks) in various districts, actively expand cycle tracks, perfect the footbridge and subway networks in various districts, and install covers, escalators and lifts along district pedestrian walkways, with a view to reducing the number of vehicles on roads and encouraging people to actively live a low-carbon life; (e) to actively develop green transportation, increase the number, usage and types of electric vehicles, and perfect the relevant infrastructural and complementary facilities, so as to reduce energy consumption, pollution and emissions; and (f) by way of financial subsidy or franchise extension, to push ahead the early phasing out and replacement by bus companies of buses with high emissions; and, on the premise of not affecting fares, introduce more electric or supercapacitor buses" immediately before the full stop.
| | (ii) | Hon CHAN Hak-kan to move the following amendment:
(Translation)
To add ", given that" after "That"; to delete "given that" after "40%, but"; to add "motivating people and enterprises to lead a low-carbon life through measures on" after "as a matter of fact,"; to delete "have" after "enhancing energy efficiency" and substitute with "has"; and to add ", including studying the introduction of incentive schemes to encourage people to purchase energy-saving products or reduce electricity consumption, further expanding the types of products covered by the Mandatory Energy Efficiency Labelling Scheme, actively developing means of green transportation which include electric vehicles, studying the positioning of bicycles as a means of transport, and formulating relevant policies as well as expanding cycle track networks for reducing fossil fuel consumption, etc.," after "incentive measures".
| | (iii) | Hon Audrey EU to move the following amendment:
(Translation)
To add "the following" after "and adopt"; and to add ": (a) to implement a progressive tariff structure, with a view to reducing electricity consumption; (b) to study introducing tax measures with carrot and stick to encourage energy conservation; (c) to make it a mandatory requirement for listed companies to conduct energy audits and carbon audits; (d) to progressively expand and make it mandatory to comply with the various Building Energy Codes; (e) to expand the Mandatory Energy Efficiency Labelling Scheme; (f) by drawing reference from Australia, to study the feasibility of levying a carbon tax on accounts with high electricity consumption; and (g) to enhance energy conservation in the Central Government Complex and the Legislative Council Complex, etc" immediately before the full stop.
|
Public Officer to attend : Secretary for the Environment
Clerk to the Legislative Council
|
|
|
|