A 11/12-19

Legislative Council

Agenda

Wednesday 22 February 2012 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Education (Amendment) Regulation 201223/2012
2.Education (Exemption) (Private Schools Offering Non-Formal Curriculum) (Amendment) Order 201224/2012
3.Hong Kong Examinations and Assessment Authority Ordinance (Amendment of Schedule 1) Order 201225/2012
4.Protection of Children and Juveniles (Places of Refuge) (Amendment) Order 201226/2012
5.Guardianship of Minors (Amendment) Ordinance 2012 (Commencement) Notice27/2012

Other Papers

1.No. 71-Report of changes made to the approved Estimates of Expenditure during the third quarter of 2011-12 Public Finance Ordinance: Section 8
(to be presented by the Secretary for Financial Services and the Treasury)

2.No. 72-Li Po Chun Charitable Trust Fund Financial statements together with the Report of the Director of Audit and Report of the Trustee on the Administration of the Fund for the year ended 31 August 2011
(to be presented by the Secretary for Home Affairs)

3.Report of the Bills Committee on Legislative Council (Amendment) Bill 2011
(to be presented by Hon TAM Yiu-chung, Chairman of the Bills Committee, who will address the Council)

II. Questions

1. Dr Hon Margaret NG to ask: (Translation)

At present, the SAR Government implements the same policy in respect of pregnant mainland women whose spouses are permanent residents of Hong Kong ("singly non-permanent resident pregnant women") and those whose spouses are not permanent residents of Hong Kong ("doubly non-permanent resident pregnant women") giving birth in Hong Kong. There have been comments that children of "singly non-permanent resident pregnant women" are children born to Hong Kong people, and as indicated by the figures given by the Government in reply to a question of a Member of this Council in November 2009, the number of babies born in Hong Kong to "singly non-permanent resident pregnant women" in each of the years between 2002 and 2008 was some 7 000 to 9 000 which was not substantial, the hospitals in Hong Kong were able to cope with them, and therefore the SAR Government should deal with "singly non-permanent resident pregnant women" and "doubly non-permanent resident pregnant women" separately in formulating its policy on pregnant mainland women giving birth in Hong Kong. In this connection, will the Government inform this Council:
    (a)of the number of babies born in Hong Kong to "singly non-permanent resident pregnant women" in each of the years between 2009 and 2011; and

    (b)whether the SAR Government will respectively formulate different policies on "singly non-permanent resident pregnant women" and "doubly non-permanent resident pregnant women" giving birth in Hong Kong (including measures regarding the two aspects of quotas for obstetric services in public and private hospitals as well as fees payable by non-local pregnant women using obstetric services in public hospitals, etc.); if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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

I have received complaints from quite a number of residents in Chai Wan district, pointing out that due to the Government's delay in retrofitting noise barriers at the road section near Neptune Terrace along Chai Wan Road, the residents nearby have been subjected to noise nuisance for many years. Regarding noise barrier retrofitting works, will the Government inform this Council:
    (a)of the number of noise barrier retrofitting works carried out in Hong Kong by the Government last year; where and when such works were carried out; and whether it has set any order of priority for such works; if not, of the reasons for that;

    (b)when the Government will retrofit noise barriers at the road section near the densely populated Neptune Terrace along Chai Wan Road where the noise level is as high as 75 decibels, and what mitigation measures are available at present to resolve the noise problem in the district immediately; and

    (c)of the number of noise barrier retrofitting works to be carried out in Hong Kong by the Government in the next five years; and where and when such works will be carried out?
Public Officer to reply : Secretary for the Environment

3. Hon Cyd HO to ask: (Translation)

It has been reported that regarding the incident of a mainland visitor being rebuked on the spot by a member of the public of Hong Kong for eating and drinking in an MTR train compartment, KONG Qingdong, a Peking University professor, commented on a television programme that "if order is maintained by the legal system, it shows that people are lacking quality and self-consciousness, they will not behave well if they are not being flogged, and it all comes down to one word  cheap!", criticizing Hong Kong people for being fettered by the law and lacking humanistic qualities. It has also been reported that this incident revealed the difference in the spirit of the rule of law between the two places as well as the conflicts of culture and identity among community groups. In this connection, will the Government inform this Council:
    (a)whether it knows if Professor KONG Qingdong has made other comments on Hong Kong people; if he has, of the details; after the aforesaid incident, whether other mainland academics have made any remark on the words and deeds of Hong Kong people; if they have, who these academics are and to which tertiary institutions they belong;

    (b)of the resources allocated by the SAR Government for publicizing Hong Kong's edge in the rule of law on the Mainland in the past 10 years; of the targets for such publicity other than the government officials and business sector, and whether tertiary institutions and the media were included; whether the authorities have assessed the effectiveness of such publicity; if they have, of the effectiveness; if not, whether the authorities will formulate work plan to follow up, and of the content of such plan; and

    (c)whether the authorities will reiterate to the public the SAR Government's determination in upholding the rule of law, and of the actions to be taken for demonstrating such determination; how the authorities will make joint efforts with the MTR Corporation Limited to avoid recurrence of similar incidents; what specific work the authorities will undertake to resolve the conflicts of culture and identity between the people of Hong Kong and those on the Mainland?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

4. Hon Emily LAU to ask: (Translation)

It was reported in the press at the end of last year that an Executive Council ("ExCo") Member, who is also a Legislative Council Member, and his family members reduced holding of their assets in Hong Kong, including 13 residential units and seven lots, during the period from September to December last year. There were public comments expressing concerns whether the ExCo Member reduced holding of such assets because he had obtained inside information, arousing concerns among members of the public whether the authorities could ensure that ExCo Members would not reap excessive profits because they had access to sensitive inside information. Furthermore, in 2010 when the ExCo Member and his family members gained profits by way of "confirmor sale" prior to the launching of anti-speculation measures for residential properties by the authorities, public comments already suspected whether this was a result of his access to inside information, yet the authorities did not conduct any in-depth investigation into the matter. In this connection, will the Executive Authorities inform this Council:
    (a)since the incident of the ExCo Member and his family members gaining profits by way of "confirmor sale" in 2010, whether they have tightened the system of declaration of interests by ExCo Members to enhance transparency and accountability;

    (b)whether in the past three years when ExCo discussed sensitive issues such as housing and land, it had on the ground of conflict of interests prohibited any Member holding a large amount of properties and lots from obtaining the papers and participating in the discussions on such issues; if it had, of the details; and

    (c)of the number of declarations of interests made by ExCo Members to the Chief Executive and ExCo in the past three years because conflict of interests was involved; of the details of cases in which ExCo Members had to declare their interests in relation to the issues of housing and land, as well as those in which they had withdrawn from the relevant discussions?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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

The HongCOMM Survey Lab of the School of Communication of the Hong Kong Baptist University ("HKBU") conducted two telephone surveys on the popularity of the 2012 Chief Executive potential candidates in December 2011 and January 2012 respectively for its Hong Kong Media Transition Project. The way by which the January 2012 survey results were released has aroused concerns among members of the University, the media and the public. An Investigation Panel comprising staff members and an alumnus of the University was subsequently set up by HKBU, and its report ("the Report") was released on 6 February this year. It has been reported that: the Report failed to address the discontent among the teaching staff and students of HKBU as well as the public; the Investigation Panel did not examine if there was any political interference and its findings were merely based on the one-sided story from the persons being investigated; and the investigation was not conducted in an open, fair and just manner and failed to address public concerns. In this connection, will the Executive Authorities inform this Council:
    (a)whether they will set up an independent investigation panel to thoroughly investigate the aforesaid incident; if not, whether there are specific and effective means to ensure that the academic and research institutes of tertiary institutions are not subject to external pressure or political interference, so as to prevent their teaching and research work from being influenced; and

    (b)how they ensure that teaching staff unions of tertiary institutions will not be subject to any pressure from the institutions concerned and can fully express their views when they criticize the management of the institutions, so as to protect academic freedom?
Public Officer to reply : Secretary for Education

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

After I raised a question last year concerning the safety of the tunnel blasting works for the Hong Kong section of Guangzhou-Shenzhen-Hong Kong Express Rail Link, I have recently received complaints one after another regarding the structural problems caused to nearby buildings by the underground blasting works for the West Island Line. In this connection, will the Government inform this Council:
    (a)whether it knows the total number of complaints received by the MTR Corporation Limited ("MTRCL") as at 30 January this year about the problems caused to nearby buildings by the tunnel boring or blasting works for the new lines under construction, with a breakdown by railway line and district; among such complaints, the number of those which were referred to loss adjusters for investigation and the results of such investigations;

    (b)as I have learnt that while MTRCL will conduct condition surveys for buildings before the commencement of works, quite a number of residents, building owners and owners' corporations are dissatisfied that MTRCL has neither consulted them before conducting the condition surveys nor disclosed the results after completing the surveys, making it difficult for the affected parties to claim reasonable compensation in the future, whether the authorities will consider urging MTRCL to enhance the transparency of its condition surveys; apart from the referral by MTRCL of complaint cases to the loss adjusters commissioned by MTRCL itself for investigation, whether the authorities will consider assisting the affected parties who have financial difficulties and who are elderly in employing independent surveyors or loss adjusters to conduct objective evaluations and arbitration, or assisting the affected parties to conduct such evaluations through other means (e.g. through the Buildings Department); if not, of the reasons for that; and

    (c)whether the authorities and MTRCL have assessed the impact of the airflow and vibration, which are within the relevant statutory limits, generated by tunnel boring or blasting works on older buildings or buildings which are structurally more fragile; if they have, of the details; if not, whether they will consider conducting a comprehensive assessment so as to address public concerns?
Public Officer to reply : Secretary for Transport and Housing

*7. Hon Mrs Sophie LEUNG to ask: (Translation)

According to the information of the Department of Health, about 73 300 people were hospitalized and 6 414 died because of heart disease in 2009. Moreover, studies have revealed that the use of automatic external defibrillators ("AEDs") within the first 10 minutes of heart attack (i.e. sudden cardiac arrest) can increase the success rate of emergency rescue of patients suffering from heart attack; and quite a number of regions (e.g. the United States and Taiwan, etc.) have also vigorously promoted the wider use of AEDs. In this connection, will the Government inform this Council:
    (a)whether the authorities have any policy to promote AEDs, encourage more private organizations to purchase AEDs, and enhance the public's knowledge of AEDs; and

    (b)whether the authorities will take the initiative to provide guidelines to recommend that AEDs and other first aid facilities should be installed at designated public places (e.g. large shopping malls, stadiums, sports grounds and MTR stations, etc.)?
Public Officer to reply : Secretary for Food and Health

*8. Hon Miriam LAU to ask: (Translation)

It has been reported that the safety standards for staircases in Hong Kong are outdated, and the Building (Planning) Regulations (Cap. 123F), which regulate designs of staircases, have been in force since they were amended in 1997, during which accidents of members of the public falling down on staircases occurred from time to time. It has also been reported that the safety standards for staircases in Hong Kong are based on those of the United Kingdom ("UK"), yet UK amended the standards in 2000 and 2010 respectively. In this connection, will the Government inform this Council:
    (a)of the number of reports of accidents relating to staircases received by the authorities in the past three years, the locations of those accidents and the casualties caused;

    (b)of the number of complaints received by the authorities in the past three years about designs of staircases failing to meet the safety standards, with a breakdown by the subject matter of complaints and the follow-up action of the authorities;

    (c)of the existing safety standards for staircases in Hong Kong; how the standards compare with those of the advanced countries and cities in Europe and America, with a breakdown of the comparison results; and

    (d)whether the authorities will conduct a comprehensive review of the existing standards for the designs and safety of staircases in Hong Kong; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

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

The Government implemented a new requirement in August 2010 that an incoming passenger aged 18 or above can only bring into Hong Kong no more than 19 cigarettes. Further, the Government increased tobacco duty significantly by 41.5% early last year. In this connection, will the Government inform this Council:
    (a)of the number of declarations made to the Customs and Excise Department ("C&ED") in accordance with the aforesaid new requirement since its implementation; and the number of times passengers were fined for failing to make declarations to C&ED on bringing one cigarette in excess into Hong Kong;

    (b)since the increase in tobacco duty by 41.5%, of the quantity and value of the duty-not-paid cigarettes ("illicit cigarettes"), including counterfeit cigarettes, seized by C&ED; how such figures compare with those in the past three years; and

    (c)of the number of persons arrested by C&ED for selling or purchasing illicit cigarettes in the past three years, and the quantity and value of illicit cigarettes seized; the highest penalty imposed on the convicted persons, as well as the number of persons sentenced to such penalty?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

While both public light buses ("PLBs") and public buses are modes of public transport that are frequently used by the grassroots, there is a big gap between their vehicle licence fees ("VLF") per each passenger seat: the current VLF of PLBs is $8,450, and is around $530 per each passenger seat, which far exceeds that of public buses at $50 per each passenger seat. In this connection, will the Government inform this Council:
    (a)of the respective total amounts of VLFs of public buses, PLBs (red minibuses and green minibuses) and taxis paid to the Government in each of the past three years;

    (b)of the respective criteria for determining the VLFs of such vehicles; when such criteria were formulated; the last time when such criteria were reviewed, and whether at present, the Government has any plan to conduct a review; if it has, of the details; if not, the reasons for that;

    (c)in the past three years, of the number of green minibus routes applying for fare increases and the details; the number of green minibus routes that had been cancelled as well as the routes concerned; among such routes, the number of those that had been cancelled due to losses in business operations; and

    (d)whether the Government will consider waiving or reducing the VLF of green minibuses, so as to alleviate the operating difficulties encountered by the trade; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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

Recently, there were disputes among MTR passengers caused by passengers eating in the MTR train compartment. It has been reported that the MTR Corporation Limited ("MTRCL") is negligent in enforcing the Mass Transit Railway By-laws (Cap. 556B) ("the By-laws"), and has neither provided adequate support for its frontline enforcement staff, nor put in sufficient publicity efforts in educating passengers to comply with the By-laws. In this connection, will the Government inform this Council if it knows:
    (a)besides reporting to MTR staff in person by passengers, whether other reporting means are available to enable passengers to notify MTR staff of incidents happened within MTR's paid areas which jeopardize passengers' safety or affect public hygiene; and

    (b)the daily aggregate train trips made by passenger trains on all MTR lines; MTRCL's work on publicizing and educating passengers about compliance with the By-laws at present; whether the authorities will consider urging MTRCL to step up its publicity and education efforts in future; if not, of the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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

The Government announced 25 proposed sites for reclamation outside the Victoria Harbour and consulted the public on the policy on developing land and enhancing land supply to meet, among others, the future needs for infrastructure and housing in Hong Kong. In this connection, will the Government inform this Council:
    (a)of the Hong Kong population projections for 2011 which were made by the authorities in 2000, 2002, 2004 and 2006; the discrepancies between such figures and the actual population in 2011; the reasons for the discrepancies, and whether they have conducted reviews and introduced improvement in respect of the discrepancies in such projections;

    (b)of the Hong Kong population projections for 2030 which were made by the authorities in 2000, 2002, 2004 and 2006; the respective differences in results between each projection and the one immediately preceding it, and the reasons for such differences;

    (c)of the respective percentages of permanent and non-permanent residents of Hong Kong in the population of 8.9 million people projected for 2039 by the authorities at present; the monitoring system and examination measures put in place by the Government to prevent over-development of land (including reclamation and over-development which cause unnecessary damages to the natural environment and ecology) due to serious errors in the estimation of future population;

    (d)of the area and percentage of developed land in the 1 100 square kilometres of land in Hong Kong at present; the respective numbers of the lots used for public and private housing as well as commercial, industrial and agricultural purposes, and their respective areas and percentages in the area of brownfield sites; the number of industrial and agricultural sites among them which may be developed into sites for housing or commercial purposes; among the greenfield sites, the respective areas of sites which are subject to the Country Parks Ordinance (Cap. 208) and the regulations for special areas, as well as respective percentages of such areas in the total land area in Hong Kong; the number of remaining greenfield sites which are not subject to the Country Parks Ordinance or the regulations for special areas, the respective percentages of the areas of such sites in the total land area in Hong Kong, and the possible purposes of development for such sites;

    (e)whether the authorities have conducted any comprehensive assessment of the land demand in Hong Kong, the territory-wide land-use planning and the progress of land development, e.g. development of long-abandoned quarries, idle government, rural and industrial sites (including former government quarters, vacant school premises and community facilities as well as expired short-term tenancy sites, etc.), as well as the remaining areas for development in Tung Chung, the new towns in the Northeast New Territories, North Lantau, Sham Tseng/Tsuen Wan and the frontier closed areas, etc.; if they have, of the details; if not, the reasons for that; whether they have studied the development of existing greenfield sites to enhance land supply; and

    (f)whether it has conducted any comprehensive study covering all aspects of society in Hong Kong on the various benefits and costs (e.g. employment, economic activities, construction costs and environmental costs, etc. arising from development projects) of reclamation vis-à-vis those of developing dry land, so as to compare the overall benefits and costs between the two approaches; if it has, of the details, and whether it will make public the outcome and information of the study?
Public Officer to reply : Secretary for Development

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

Some securities practitioners have recently relayed to me that after the Hong Kong Exchanges and Clearing Limited ("HKEx") had changed the trading hours, not only was their lunch time shortened, but the administrative or other work done by them during the lunch break in the past was also seriously affected. Some securities practitioners have further pointed out that since they needed time to complete their work, they actually did not have time for meals during the lunch break. In this connection, will the Government inform this Council if it knows:
    (a)the number of views and complaints about the change in trading hours received by the regulatory authorities and HKEx from members of the trade since HKEx changed the trading hours; whether the regulatory authorities and HKEx have followed up such views and complaints; if they have, the details; if not, the reasons for that;

    (b)whether HKEx has conducted any assessment and review on the actual effectiveness of extending the trading hours; if it has, the assessment and review outcomes; if not, whether HKEx has already planned to conduct such a review; if there is a specific plan, the details; if there is no such plan, the reasons for that; and

    (c)given that HKEx has indicated that the lunch break in the stock exchange market may be further shortened in the future, whether HKEx has any plan at present to conduct consultation on such an arrangement or has even decided to implement the further extension of trading hours; if it has, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

Some members of the Chinese medicine industry ("CM industry") in Hong Kong have relayed to me that the CM industry has all along been developing slowly although in 1999, the Chinese Medicine Ordinance (Cap. 549) was enacted and the Chinese Medicine Council of Hong Kong was established by the Government, and that the Government has neither attached enough importance nor provided sufficient support to the CM industry. In this connection, will the Government inform this Council:
    (a)whether it will consider setting up a dedicated committee to formulate policies on promoting the development of the CM industry; if it will, of the details; if not, the reasons for that;

    (b)given that the Government has indicated that it is actively implementing the plan to establish 18 public Chinese medicine clinics ("CMCs") in Hong Kong in phases, and that 16 CMCs have been established so far, when the authorities plan to set up the remaining two CMCs, and whether they will consider further increasing the number of CMCs; if not, of the reasons for that;

    (c)given that the Government has indicated that while the current operating hours of various CMCs are subject to district needs with a view to facilitating patients to seek treatment as convenient as possible under the premise of optimizing the use of resources, it does not have any plan at present to extend their operating hours, whether the authorities have conducted any study or investigation to ascertain if the operating hours of CMCs in various districts have already met district needs and facilitated patients to seek treatment as convenient as possible; if they have, of the details; if not, why they do not consider extending such operating hours to facilitate the public;

    (d)given that the Government has announced that in addition to revamping existing medical facilities, the redevelopment of Kwong Wah Hospital will also strengthen the Chinese and Western medicines shared care services of the hospital (including Chinese medicine in-patient service), whether it knows the details of the initiatives of the hospital in this respect (including the respective numbers of beds and Chinese medicine practitioners ("CMPs") of the Chinese medicine in-patient service), and if the Hospital Authority has any plan to extend these initiatives to other hospitals;

    (e)whether it will reconsider studying the establishment of a public Chinese medicine hospital; if it will, of the details; if not, the reasons for that;

    (f)whether it has assessed if the authorities' initiatives in the past decade were able to incorporate Chinese medicine into the public healthcare system proactively; if it has assessed, of the details; if not, the reasons for that;

    (g)of the measures in place to facilitate sustainable career development of CMPs with a view to promoting the development of the CM industry;

    (h)of the measures or policies currently in place to attract Chinese medicine experts from the Mainland to Hong Kong to nurture local talents and lift the professional standard of the CM industry in Hong Kong;

    (i)whether it will consider offering assistance (including creating special tax concessions in this respect) to small and medium-sized proprietary Chinese medicine manufacturers in terms of resources and financing to allay their burden in various aspects such as testing, research and development and plant improvement, etc., and to upgrade the quality of products; if it will, of the details; if not, the reasons for that;

    (j)given that some members of the industry have indicated that under the insurance coverage provided by insurance companies at present, the amounts of compensation granted for claims made in respect of fees for treatment by CMPs are generally lower than those granted for claims made in respect of fees for treatment by medical practitioners, whether the authorities know the reasons for that; if they do, of the details; if not, whether they will seek an in-depth understanding of the matter; and

    (k)given that Chinese medicine is outside the scope of medical benefits for civil service eligible persons at present, whether the authorities will consider including Chinese medicine in such scope so as to take the lead in promoting equality between CMPs and medical practitioners; if they will not, of the reasons for that?
Public Officer to reply : Secretary for Food and Health

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

In recent years, my Member's Office has from time to time received complaints from members of the public in Hong Kong against the oversale of air tickets by airlines, in particular the airline that has the largest market share in terms of air passenger volume in Hong Kong. The complainants alleged that they were notified of the unavailability of seats only upon arrival at the airport or shortly before boarding, and they were forced to negotiate with the staff members of the airline concerned at the airport, but the attitude of its staff members was usually very poor, and the airline concerned usually only undertook to upgrade their seats or offer one-night hotel stay as a compensation, without regard to delay in the itinerary of the passengers that might have caused, as well as the financial loss suffered by and the inconvenience brought to the passengers. They were of the view that the airline concerned, because of its large market share, had ignored the rights and interests of those individual passengers who lacked bargaining power. They also queried that in an earlier incident of flight delay suspected to be caused by the oversale of air tickets by an airline, a celebrity in the catering industry brought along journalists to cover the process of his negotiation with the airline concerned at the scene and was subsequently offered compensation that was much higher than that in similar incidents. They criticized that this was no different from the hegemonic style of the two power companies which ignored the overall interest of the community and the public, and initially sought to make the maximum permitted return of 9.9% recently. In this connection, will the Government inform this Council:
    (a)whether it knows the number of requests for assistance and complaints involving the oversale of air tickets by airlines received by government departments, the Travel Industry Council of Hong Kong and the Consumer Council in each of the past three years, as well as the details of such cases;

    (b)whether it has designated any government department or established any procedure and mechanism to handle requests for assistance and enquiries involving the oversale of air tickets by airlines; further, whether it has publicized the relevant procedures and mechanisms; if it has, of the details; if not, the reasons for that;

    (c)whether it has examined the impact of the oversale of air tickets by airlines on flight passengers and the passenger flight industry in Hong Kong; if it has, of the impact; if not, the reasons for that, and whether it can examine the issue as soon as possible; and

    (d)given that the number of disputes between airlines (including those involving the airlines themselves or the travel agents that sell air tickets on behalf of airlines) and consumers over the oversale of air tickets has been on the rise, and that the authorities are currently examining the issue of reforming the regulatory framework of the tourism sector of Hong Kong, whether it will consider concurrently studying the introduction of a regulatory and coordination mechanism to handle the disputes between flight passengers and airlines; if it will, of the details; if not, the reasons for that; how it will step up efforts in safeguarding consumer interest in the light of the aforesaid situations?
Public Officer to reply : Secretary for Transport and Housing

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

The Work Incentive Transport Subsidy Scheme ("WITSS") has been accepting applications since October last year. The Government originally estimated that about 436 000 people would meet the eligibility criteria and assumed that half of them (i.e. 218 000 people) would apply for the subsidy. The Government sought funding at an amount of $4,805 million in respect of WITSS, and would employ 200 additional staff. In this connection, will the Government inform this Council:
    (a)of the number of applicants and the total amount of subsidy disbursed under WITSS so far, with a breakdown of the respective numbers of persons receiving subsidy at full rate (i.e. $600 per month) and half rate (i.e. $300 per month) by District Council districts; among these applicants, of the number of those who had submitted applications under the pilot Transport Support Scheme ("TSS") which was introduced in 2007, and the percentage of such number in the total number of TSS applicants; further, of the number of additional staff employed and the administration cost involved in respect of WITSS so far;

    (b)as it has been reported that there were only 22 000 WITSS applications as at the middle of last month, which were far fewer than the Government's original estimation, whether the authorities have looked into and assessed the reasons for that, and whether they include factors such as the income thresholds being too low, the requirement of the household-based means test on applicants, the cumbersome application procedures and the lack of publicity, etc.; how the authorities deal with expenses and manpower so wasted due to the wrong estimation of the number of applicants; whether they will formulate measures shortly to improve the situation that the number of applications is too low; if not, of the reasons for that;

    (c)whether the authorities have received any enquiry or complaint from TSS recipients about the implementation of WITSS; if they have, of the number of enquiries or complaints received so far and their contents; of the means (including exercising discretion power, etc.) to assist those low-income earners who are not able to obtain the subsidy as the means test under WITSS is conducted on household basis; and

    (d)whether the authorities will reconsider conducting a comprehensive review as soon as possible on the income thresholds and the basis of means test conducted under WITSS, etc. so that WITSS can relieve genuinely the burden of travelling expenses on low-income employed persons?
Public Officer to reply : Secretary for Labour and Welfare

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

Recently, the issue of whether mainland citizens should be allowed to drive to Hong Kong under the trial scheme on one-off ad hoc quotas for Guangdong/Hong Kong cross-boundary private cars ("Self-drive Tour Scheme") has aroused much contention in Hong Kong. A lot of members of the public have voiced their opposition on the Internet, and the organization of a march in protest of the Scheme is brewing. In this connection, will the Government inform this Council:
    (a)of the driving licenses other than the driving licenses issued by the drivers' countries of origin that mainland people and people of other nationalities (e.g. European countries, the United States, and Canada, etc. where left-hand drive is implemented) should possess as well as the eligibility criteria they should meet at present in order to drive legally in Hong Kong;

    (b)of the number of mainland citizens who met the criteria set out in (a) and were permitted to drive in Hong Kong in each of the past three years;

    (c)among the traffic accidents occurred in Hong Kong in the past three years, of the respective numbers of those involving mainland drivers and drivers of other nationalities, together with a breakdown by the nationality of the drivers;

    (d)of the respective numbers of penalty tickets issued or prosecutions instituted by the law enforcement authorities of Hong Kong against mainland drivers and drivers of other nationalities for violation of traffic legislation in the past three years, together with a breakdown by category of the offences and type of traffic accidents involved (set out in table form);

    (e)of the number of vehicles that have obtained approval for regular quotas (commonly known as "cross-boundary vehicle licences") and are running in Hong Kong at present; among those vehicles, the respective numbers of those that are registered in Hong Kong and on the Mainland; whether they are required to meet certain technical specifications; if so, of the details; of the channels for submitting applications for "cross-boundary vehicle licences" for vehicles not registered in Hong Kong, not imported through manufacturers or importers, as well as for those vehicles registered in overseas countries and were used outside Hong Kong (e.g. in Japan, the United States, Australia, and Europe); whether there is any difference between the vetting criteria for such applications and those for ordinary applications; if so, of the details; whether it knows which mainland or Hong Kong government departments or authorities accept applications for "cross-boundary vehicle licences", and which mainland or Hong Kong government departments or authorities have the authority to issue such licences; of the eligibility criteria for applying for "cross-boundary vehicle licences", and the application fees;

    (f)before deciding to implement the policy on allowing mainland citizens to drive to Hong Kong under the Self-drive Tour Scheme, whether it had estimated the number of mainland citizens driving to Hong Kong each year after the implementation of the policy; further, whether it had assessed if public consultation would be needed; if it had, of the result of the assessment, and if the assessment result was in the affirmative, whether it had conducted consultation; if no assessment had been made, whether it can immediately conduct such an assessment; and

    (g)whether it has considered setting up parking areas for Self-drive Tour Scheme vehicles in the vicinity of boundary control points to impose a restriction that Self-drive Tour Scheme vehicles may only park in such parking areas after entering Hong Kong, and the drivers may use feeder transport services to travel to the urban areas, so as to avoid the substantial impact of the Self-drive Tour Scheme on road usage, traffic order, enforcement of traffic regulations, insurance claims and air pollution, etc. in Hong Kong?
Public Officer to reply : Secretary for Transport and Housing

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

Some members of the public have relayed to me that differences often exist between the temperatures recorded at the Hong Kong Observatory ("HKO") Headquarters and those recorded at other weather stations in urban districts, and the temperatures recorded at HKO Headquarters are not only unrepresentative but also fail to truly reflect the actual temperatures in most urban districts. For example, differences between the temperatures were as big as 2°C to 3°C during this Lunar New Year (22 to 29 January this year). Moreover, at present, the latest weather report, the short-range weather forecast and the seven-day weather forecast announced by HKO are all based on the data recorded at HKO Headquarters. In this connection, will the Government inform this Council:
    (a)of the respective differences between the daily highest and lowest temperatures recorded at various weather stations in urban districts (including Sham Shui Po, King's Park, Kowloon City, Wong Tai Sin, Kwun Tong and Happy Valley, etc.) and those recorded at HKO Headquarters during this Lunar New Year; the biggest differences among the data on the lowest and highest temperatures collected at any one time; whether HKO has looked into the reasons for the differences between the temperatures; whether HKO has in the past examined the impact of the development of the vicinity of HKO Headquarters on the collection of weather data; if so, of the result;

    (b)given the differences between the temperatures recorded at HKO Headquarters and those recorded at other weather stations in urban districts, whether HKO has conducted studies to find out if there are also differences in other weather parameters (e.g. relative humidity and air pressure, etc.); given that at present, a number of district weather stations do not provide weather data other than those on temperature, whether HKO will consider setting up other meteorological instruments in various district weather stations to record such data, so as to truly and comprehensively reflect the weather conditions in various districts; and

    (c)whether the authorities will improve the existing practice of using the data of HKO Headquarters as the basis for the latest weather report, the short-range weather forecast and the seven-day weather forecast (e.g. considering methods such as adopting average or weighted data, etc.), so as to reflect more truly the weather information of urban districts; if not, of the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

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

I have recently received complaints from members of the public about the long waiting time for collecting medicine from the dispensaries of public hospitals. A member of the public waited for two hours and 45 minutes before he could collect three sachets of ordinary cold medicine and a bottle of cough syrup. The member of the public said that according to his observation, the dispensary staff did not slacken their efforts or grumble about heavy workload, and the problem was not due to the staff, but the shortage of manpower. Regarding the allocation of sufficient manpower by the Hospital Authority ("HA") to various dispensaries of public hospitals to address the issue of manpower shortage, and to cater the increasing demand of the public on public healthcare services, will the Government inform this Council:
    (a)whether it knows the current staff establishments of various dispensaries of public hospitals;

    (b)given the huge fiscal surpluses of the Government in recent years, whether the Government has any plan to allocate additional resources to HA in order to increase the manpower of the dispensaries of public hospitals; if it has, of the details; and

    (c)whether it has any plan to increase the number of university places for training pharmacists, or admit from foreign countries pharmacists who meet the healthcare standards of Hong Kong; if it has, of the details?
Public Officer to reply : Secretary for Food and Health

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

The rental flats in the public housing estates under the Hong Kong Housing Authority ("HA") recovered by HA are the major source of public rental housing ("PRH") flats for allocation other than newly built flats. In this connection, will the Government inform this Council of:
    (a)the number of PRH flats recovered by HA in each of the past three years, together with a breakdown by district (Urban, Extended Urban, the New Territories and Islands) and PRH flat type (one/two-person flat, three/four-person flat, five/six-person flat, and seven or more-person flat);

    (b)the respective numbers of PRH flats recovered and new flats built by HA which were available for transfer application by tenants as well as allocation to Waiting List applicants and compassionate rehousing applicants in each of the past three years; and

    (c)the respective numbers of PRH flats recovered by HA as a result of the original tenants transferring to other flats, receiving other forms of housing subsidy or being served a Notice to Quit in each of the past three years; and the respective numbers of such original tenants who paid 1.5 times rent, double rent and licence fee?
Public Officer to reply : Secretary for Transport and Housing

* For written reply

III. Bills

First Reading

United Nations (Anti-Terrorism Measures) (Amendment) Bill 2012

Second Reading (Debate to be adjourned)

United Nations (Anti-Terrorism Measures) (Amendment) Bill 2012:Secretary for Security

Second Reading (Debate to resume - for the purpose of making an announcementfor the withdrawal of the Bill)

Legislative Council (Amendment) Bill 2011:Secretary for Constitutional and Mainland Affairs

IV. Members' Motions
  1. Proposed resolution under section 34(4) of the Interpretation and General Clauses Ordinance

    Dr Hon Philip WONG to move the following motion:

    Resolved that in relation to the -

    (a)Schedule of Routes (Citybus Limited) Order 2012, published in the Gazette as Legal Notice No. 4 of 2012;

    (b)Schedule of Routes (Citybus Limited) (North Lantau and Chek Lap Kok Airport) Order 2012, published in the Gazette as Legal Notice No. 5 of 2012;

    (c)Schedule of Routes (Kowloon Motor Bus Company (1933) Limited) Order 2012, published in the Gazette as Legal Notice No. 6 of 2012;

    (d)Schedule of Routes (Long Win Bus Company Limited) Order 2012, published in the Gazette as Legal Notice No. 7 of 2012;

    (e)Schedule of Routes (New Lantao Bus Company (1973) Limited) Order 2012, published in the Gazette as Legal Notice No. 8 of 2012; and

    (f)Schedule of Routes (New World First Bus Services Limited) Order 2012, published in the Gazette as Legal Notice No. 9 of 2012,

    and laid on the table of the Legislative Council on 1 February 2012, 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 21 March 2012.

  2. Reiterating Hong Kong's core values

    Hon Ronny TONG to move the following motion: (Translation)

    That Hong Kong has always taken pride in its core values such as diversity, harmony, love for peace and kind-heartedness, etc., but a series of recent incidents involving 'doubly non-permanent resident pregnant women', self-drive tour, D&G and talks about 'locusts' and 'dogs', etc. have progressively intensified conflicts between mainlanders and Hong Kong people, and there are signs of gradual growth of China-Hong Kong confrontation and mutual animosity; in this connection, this Council urges the Government to expeditiously adopt the following contingency measures, so as to eliminate the confrontational sentiments between the masses on the Mainland and in Hong Kong, and address the problems arising from the cultural differences between the two places:

    (a)to allocate additional resources for improving obstetric services, suspend the quota for 'doubly non-permanent resident pregnant women', and accord priority to addressing the needs of local pregnant women;

    (b)to step up law enforcement and enhance entry restrictions to comprehensively block the entry of 'doubly non-permanent resident pregnant women'; and

    (c)to shelve the self-drive tour plan for mainlanders' vehicles.

    Amendments to the motion
    (i)Hon James TO to move the following amendment: (Translation)

    To add ", as an international city," after "That"; to delete ", suspend the quota for 'doubly non-permanent resident pregnant women', and accord priority to addressing the needs of local pregnant women;" after "improving obstetric services" and substitute with "in public hospitals, and require public hospitals to only accept advance bookings of delivery care services by local pregnant women and Hong Kong people's mainland spouses; (b) to reduce private hospitals' admission quota for mainland pregnant women, and request private hospitals to accord priority to local pregnant women and Hong Kong people's mainland spouses in providing delivery care services;"; to delete the original "(b)" and substitute with "(c)"; to delete "and" after "enforcement" and substitute with ","; to delete "to comprehensively block the entry of 'doubly non-permanent resident pregnant women'; and" after "restrictions" and substitute with ", and strengthen liaison and co-operation with various relevant mainland departments, so as to stop mainland pregnant women without advance booking of obstetric services from coming to Hong Kong to give birth; (d) focusing on the situation where the right of abode in Hong Kong enjoyed by children born in Hong Kong to 'doubly non-permanent resident pregnant women' has led to large numbers of 'doubly non-permanent resident pregnant women' giving birth in Hong Kong, to study amending Article 24 of the Basis Law; and"; and to delete the original "(c)" and substitute with "(e)".

    (ii)Hon WONG Kwok-kin to move the following amendment: (Translation)

    To add ", while" after "That"; to delete "but" after "kind-heartedness, etc.,"; to delete "China-Hong Kong confrontation and" after "gradual growth of" and substitute with "confrontation,"; to add "and stigmatization" after "animosity"; to delete "adopt the following contingency measures, so as to" after "expeditiously"; to delete "on the Mainland and in Hong Kong, and" after "the masses" and substitute with "in the two places,"; to add ", foster a moderate social atmosphere of mutual respect, mutual understanding and mutual accommodation between the masses of the two sides, and adopt proactive measures in response to the recent incidents of concern to Hong Kong people, so as to ensure that while the two places integrate and interflow, local residents can still enjoy adequate and priority use of public resources and maintain their original ways of life; the relevant measures should include" after "between the two places"; to delete ", and accord priority" after "for 'doubly non-permanent resident pregnant women'" and substitute with "to give birth in public hospitals, and limit the number of 'doubly non-permanent resident pregnant women' admitted by private hospitals to a reasonable level, so as to ensure that priority is accorded"; to add "; and to impose deterrent penalties on 'doubly non-permanent resident pregnant women' who rush to accident and emergency departments with no advance booking, such as imposing a surcharge and forbidding their re-entry within a certain period of time, so as to ensure that no additional burden is imposed on the services of accident and emergency departments" after "local pregnant women"; to add "and overstaying" after "block the entry"; to delete "shelve" after "(c) to" and substitute with "ensure that"; to delete "plan" after "the self-drive tour" and substitute with "scheme"; and to add "to travel to Hong Kong (i.e. phase two of the trial scheme on one-off ad hoc quotas for cross-boundary private cars) is implemented only with adequate preparation and public support; at the same time, in implementing the self-drive tour scheme for the two places, to formulate a series of measures to perfect the relevant arrangements, including requiring drivers participating in the scheme to complete driving courses, perfecting the insurance and liability arrangements for incidents under the scheme, and conducting emission tests on vehicles participating in the scheme, etc., so that members of the public on the Mainland and in Hong Kong can eventually drive between the two places without any worry" immediately before the full stop.

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

    To add ", as" after "That"; to delete ", and accord priority to addressing the needs of local pregnant women" after "for 'doubly non-permanent resident pregnant women'" and substitute with "before fully consulting Hong Kong people on the formulation of a population policy, so as to ensure the provision of adequate obstetric services for local pregnant women and mainland pregnant women whose spouses are Hong Kong permanent residents"; to delete "and" after "resident pregnant women';"; and to add "; and (d) while promoting tourism visits to Hong Kong on the Mainland, to introduce Hong Kong's social order and spirit of the rule of law to mainland residents, and promote to them Hong Kong's experience in areas such as political participation, administrative management, economic development, social diversity as well as cultural innovation, etc" immediately before the full stop.

    (iv)Hon WONG Sing-chi to move the following amendment: (Translation)

    To add ", as" after "That"; and to delete "self-drive tour plan for mainlanders' vehicles" immediately before the full stop and substitute with "trial scheme on one-off ad hoc quotas for Guangdong/Hong Kong cross-boundary private cars (the self-drive tour scheme), and fully consult the public on the scheme".

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

    To add ", as" after "That"; to delete "China-Hong Kong" after "gradual growth of"; to add "among some people" after "animosity"; to delete "on the Mainland and in Hong Kong" after "the masses" and substitute with "in the two places"; to delete "; and" after "of 'doubly non-permanent resident pregnant women'" and substitute with ", and to impose penalties on 'doubly non-permanent resident pregnant women' who rush to accident and emergency departments for delivery; (c) to strengthen co-operation with the Mainland for combating agencies which assist in providing falsified documents, provide falsified information, or engage in abetting and assisting mainland pregnant women in concealing their pregnancy for evading inspections at border crossings; (d) in the event that all administrative measures fail to effectively resolve the problem of 'doubly non-permanent resident pregnant women' giving birth in Hong Kong, to seek interpretation of the Basic Law by the Standing Committee of the National People's Congress, so as to resolve the problem at root; and"; to delete the original "(c)" and substitute with "(e)"; and to delete "to shelve the self-drive tour plan for mainlanders' vehicles" immediately before the full stop and substitute with "to expeditiously conduct a review after the implementation of the first phase of the Guangdong/Hong Kong cross-boundary self-drive scheme, and to decide whether to launch the second phase of the scheme after seeking Hong Kong people's views and obtaining a consensus in society".

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

    To add "all along," after "That"; to delete "contingency" after "following"; to delete "(a) to allocate additional resources for improving obstetric services, suspend the quota for 'doubly non-permanent resident pregnant women', and accord priority to addressing the needs of local pregnant women; (b) to step up law enforcement and enhance entry restrictions to comprehensively block the entry of 'doubly non-permanent resident pregnant women'; and" after "places:"; to delete the original "(c)" and substitute with "(a)"; and to add "; (b) to study amending Article 24 of the Basic Law to avoid the automatic entitlement to the right of abode in Hong Kong by Hong Kong-born children whose parents are both non-permanent Hong Kong resident Chinese citizens, so that the Government can formulate its own policy on mainlanders coming to Hong Kong for settlement; (c) to assess the demands arising from population growth in the next 30 years, project the numbers of mainland immigrants that Hong Kong can accommodate in the long run, thereby making plans for social resources; (d) to amend the Race Discrimination Ordinance to broaden the definition of 'race', so as to ensure that mainland Chinese coming to Hong Kong are subject to no discrimination, thus enabling the Ordinance to have a wider ambit while closely following the requirements of the relevant international convention; and (e) to enhance civic education so that the community can resolve China-Hong Kong conflicts in a rational manner" immediately before the full stop.

    (vii)Hon Albert CHAN to move the following amendment: (Translation)

    To delete "suspend the quota for 'doubly non-permanent resident pregnant women'" after "improving obstetric services," and substitute with "resolve the problem of 'doubly non-permanent resident pregnant women' by enacting local legislation"; and to delete "to step up law enforcement and enhance entry restrictions" after "(b)" and substitute with "by amending the Immigration Ordinance (Cap. 115),".

    Public Officers to attend:Secretary for Security
    Secretary for Food and Health
    Secretary for Transport and Housing

  3. Strengthening the support for persons suffering from dementia and their carers

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

    That dementia (also known as '腦退化症' or '癡呆症' in the Chinese rendition) is a disease suffered by many people and it has wide-ranging effects and exerts heavy caring pressure on their family members; although the Chief Executive had respectively mentioned in the Policy Addresses for 2010-11 and 2011-12 that the services for persons suffering from dementia would be improved and increased, the situation has not shown any concrete improvements; with population ageing, the number of persons suffering from dementia in Hong Kong has continued to increase, but the Government all along lacks a long-term and comprehensive policy, and the support and resources provided are not sufficient to cope with the relevant demand, thus making such persons unable to receive appropriate treatment and care; in this connection, this Council urges the Government to:

    (a)co-ordinate the complementarity and collaboration between healthcare and welfare services, and formulate an inter-departmental, long-term and comprehensive policy to address the problem of dementia;

    (b)provide timely diagnosis, assessment, treatment and follow-up services for persons suffering from dementia, and set up dedicated day care and support centres for such persons so as to enable those persons in need to receive appropriate care;

    (c)immediately increase the service quota of residential care homes for the elderly and day care centres for the elderly as well as extend their service hours and increase their manpower, so as to shorten the waiting time of users;

    (d)introduce a carer allowance and emotional counselling services to strengthen the financial and mental support for family members and carers of persons suffering from dementia;

    (e)when designing residential care homes, take account of users' needs and devise facilities convenient to persons suffering from dementia;

    (f)establish a database on persons suffering from dementia to facilitate more in-depth studies and statistical analyses on the conditions of such patients, and promptly assist them in receiving appropriate help when necessary;

    (g)provide training to the relevant professionals to enhance their professional knowledge of treating, diagnosing and handling, etc. persons suffering from dementia; and

    (h)enhance education for the whole community in relation to dementia with a view to detecting persons suffering from dementia in the community at an early stage, facilitating early treatment of the disease and easing patients' conditions.

    Amendments to the motion
    (i)Hon WONG Sing-chi to move the following amendment: (Translation)

    To add ", given that" after "That"; and to delete "dedicated day care and support centres for such persons" after "set up" and substitute with "and subsidize day care, assessment and support centres providing services specifically for persons suffering from dementia,".

    (ii)Dr Hon Joseph LEE to move the following amendment: (Translation)

    To add ", with population ageing, the number of elderly people suffering from" after "That"; to add "continues to increase; dementia" after "Chinese rendition)"; to delete "with population ageing, the number of persons suffering from dementia in Hong Kong has continued to increase, but" after "concrete improvements;"; to add "set up care and attention homes for people suffering from dementia, design and set up dedicated and comprehensive care services and ancillary facilities for such homes, and at the same time" after "(c) immediately"; to add "and serve as a buffer" after "waiting time of users"; to add "introduce a carer empowerment programme and establish integrated community support services for strengthening carers' practical caring skills and providing appropriate support, and" after "(d)"; to delete "when designing residential care homes, take account of users' needs and devise facilities convenient to persons suffering from dementia" after "(e)" and substitute with "in establishing care and attention homes for people suffering from dementia and residential care homes for the elderly, introduce a multi-tiered care model for their environments and designs, so as to cater for different needs of persons suffering from varying degree of dementia"; and to delete "dementia with a view to" after "in relation to" and substitute with "brain health and dementia so that the public may make prevention, and further strengthen the relevant primary healthcare services with a view to".

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

    To add ", given that" after "That"; to add ", both patients and carers should receive more support and attention from society" after "their family members"; to add ", and provide specialized training programmes for carers' enrollment to enable them to grasp the caring skills" after "and carers of persons suffering from dementia"; to delete "and" after "etc. persons suffering from dementia;"; and to add "; (i) set up support centres for people suffering from dementia in the 18 districts to provide counselling, emotional support and referral services, etc., assist and support carers in respect of their needs for long-term care, provide health education and organize social functions and recreational activities, etc., so as to enable the patients and carers to stay in touch with the community; (j) establish outreach service teams comprising medical practitioners, community nurses and social workers, etc. to pay regular visits to patients receiving home care as well as follow up their conditions and keep contacts with them proactively, so as to expeditiously provide appropriate assistance to patients and carers in need; and (k) set up integrated clinics with multidisciplinary services, and having regard to different needs at different times of persons suffering from dementia who also suffer from other diseases or even chronic diseases, put forward appropriate treatment proposals, so as to reduce patients' need to visit different hospital departments" immediately before the full stop.

    Public Officers to attend:Secretary for Food and Health
    Secretary for Labour and Welfare
Clerk to the Legislative Council