Council Meeting (Agenda) 16 May 2012

A 11/12-28

Legislative Council

Agenda

Wednesday 16 May 2012 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Land Survey (Fees) (Amendment) Regulation 2012	87/2012
2.	Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 2) Regulation 2012	88/2012
3.	Waterworks (Amendment) Regulation 2012	89/2012
4.	Electronic Transactions (Exclusion) (Amendment) Order 2012	90/2012
5.	Hong Kong Court of Final Appeal (Amendment) Rules 2012	91/2012
6.	Rules of the High Court (Amendment) Rules 2012	92/2012
7.	Rules of the District Court (Amendment) Rules 2012	93/2012
8.	Securities and Futures Ordinance (Amendment of Schedule 1) Notice 2012	94/2012
9.	Securities and Futures (Amendment) Ordinance 2012 (Commencement) Notice	95/2012

Other Papers

1.	No. 91	-	Report of changes made to the approved Estimates of Expenditure during the fourth quarter of 2011-12 Public Finance Ordinance: Section 8
(to be presented by the Secretary for Financial Services and the Treasury)
2.	No. 92	-	Early Retirement Ex-gratia Payment Fund for Aided Secondary School Teachers Financial statements together with the Report of the Director of Audit for the year ended 31 August 2011
(to be presented by the Secretary for Education)
3.	No. 93	-	The Government Minute in response to the Report of the Public Accounts Committee No. 57 of February 2012
(to be presented by the Chief Secretary for Administration, who will address the Council)
4.	Report No. 19/11-12 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Miriam LAU, Chairman of the House Committee)

II. Questions

1. Prof Hon Patrick LAU to ask: (Translation)

Some members of our sector have relayed to me that due to constraints imposed by the building contractors responsible for controlling construction prices, architects who undertake the design of some works projects tendered through design-and-build (“D&B”) contracts are unable to give full play to their due role in ensuring that the works’ quality is commensurate with the design. Members of the sector have also relayed that contractors allowing multi-layer subcontracting of works and subcontracting works items to subcontractors with the lowest bids in order to control costs have led to delays in works, incessant works to rectify defects and poor overall construction quality. In view of this, members of the sector propose that the Government should review all public works projects carried out under the D&B approach, including the one for the new Broadcasting House of Radio Television Hong Kong (“RTHK”), to avoid recurrence of similar faults. In this connection, will the Government inform this Council:

(a)	whether it will change the D&B tendering approach for the aforesaid public works projects, including the one for the new Broadcasting House of RTHK; if it will, of the details; if not, the reasons for that;
(b)	of the improvement measures put in place by the authorities to prevent problems of delays and poor quality of public works projects arising from contractors allowing multi-layer subcontracting of works and the award of contracts to bidders with the lowest prices under the D&B tendering approach; and
(c)	whether it will enhance the participation of architects in public works projects and allow them to give full play to their due role in ensuring that the works' quality is commensurate with the design; if it will not, of the reasons for that?

Public Officer to reply : Secretary for Development

2. Hon Paul TSE to ask: (Translation)

A newspaper used "$860 to turn doubly non-permanent resident pregnant women into singly ones" as its headline, and reported on its front page that some people gathered at Huaqiang Road in Shenzhen to sell forged mainland marriage certificates ("false documents"), provided information on Hong Kong people to act as husbands, and offered to find Hong Kong people to engage in bogus marriage or declarations so as to help pregnant mainland women whose spouses are not Hong Kong permanent residents ("doubly non-permanent resident pregnant women"), with the use of false documents or by means of bogus marriage, disguise as pregnant mainland women whose spouses are Hong Kong permanent residents ("singly non-permanent resident pregnant women"), thereby assisting "doubly non-permanent resident pregnant women" in reserving beds for delivery in private hospitals in Hong Kong. The degree of resemblance of the aforesaid false documents is so high that even the law enforcement officers in Hong Kong and individual Members of the Legislative Council found it difficult to distinguish them. In this connection, will the Government inform this Council:

(a)	whether it has assessed the seriousness and prevalence of false documents and bogus marriage, and assessed how many "doubly non-permanent resident pregnant women" have used or will use false documents and bogus marriage to give birth in Hong Kong under the disguise of "singly non-permanent resident pregnant women"; whether it has assessed the impact of the relevant situation on the Chief Executive-elect's ("CE-elect") earlier proclamation that private hospitals in Hong Kong should adopt a zero delivery quota for "doubly non-permanent resident pregnant women" next year, as well as the Government's measures referred to in the newspaper report of establishing a checking mechanism for "singly non-permanent resident pregnant women" and liaising with four private hospitals for admitting such pregnant women;
(b)	of the policies put in place to prevent the persistent influx of "doubly non-permanent resident pregnant women" to give birth in Hong Kong by making use of false documents and bogus marriage; and
(c)	whether the current-term Government and CE-elect have communicated on the aforesaid issue to explore practicable and effective policies, which will not be affected by the change of Government, to stop "doubly non-permanent resident pregnant women" from giving birth in Hong Kong; whether they will, in the situation that it is difficult to solve the problem of "doubly non-permanent resident pregnant women" by administrative measures, choose the approach which causes the least harm and study the steps and timetable for seeking interpretation of the Basic Law by the National People's Congress, so as to solve the problem for the Government?

Public Officer to reply : Secretary for Food and Health

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

With an aging population and an increasing number of assistance-seeking cases involving elderly abuse, quite a number of organizations and elderly people have relayed to me their dissatisfaction about the absence of a dedicated legislation at present for combating elderly abuse behaviour. Quite a number of elderly people (including demented elderly people) are victims of abuse without being given protection, and the abusers can get away without punishment. Despite the fact that several Legislative Council Members of the current term have put forth similar views, the Government has not yet introduced any legislation to protect the legal rights of elderly people. In this connection, will the Government inform this Council:

(a)	given that children and juveniles are at present protected under a dedicated legislation of the Protection of Children and Juveniles Ordinance, but no dedicated legislation has been introduced by the Government for protecting elderly people, whether the current-term or the next-term Government will consider afresh repealing the Protection of Children and Juveniles Ordinance, so that the public will not have the impression that the legislation only addresses the problem of child abuse but ignores the problem of elderly abuse, leaving the abused elderly people to continue not to be protected by any dedicated legislation; if it will, whether the current-term or the next-term Government will repeal the Ordinance; if not, whether it is because the current-term or the next-term Government considers that elderly people do not need to be protected by legislation;
(b)	why the Secretary for Labour and Welfare replied to this Council, without conducting any public consultation, that it was not necessary to enact a dedicated legislation against the problem of elderly abuse; base on what public opinion the Secretary for Labour and Welfare came to the decision that it was not necessary to enact a dedicated legislation against the problem of elderly abuse; and
(c)	whether the Social Welfare Department has instituted prosecution under the Residential Care Homes (Elderly Persons) Ordinance against a residential care home for the elderly in Sheung Shui a staff member of which was found to have forced an elderly resident to eat faeces; if it has, when the prosecution was instituted and what the outcome is; if not, whether it is because feeding faeces to elderly does not violate the Residential Care Homes (Elderly Persons) Ordinance?

Public Officer to reply : Secretary for Labour and Welfare

4. Hon Frederick FUNG to ask: (Translation)

The Chief Executive stated in his 2011-2012 Policy Address that the Government needed to explore ways to appropriately increase the densities and plot ratios of public housing estate ("PHE") projects without compromising the living environment in order to increase the supply of public housing. The Housing Department indicated in the middle of last month that having considered the build-back potential of the aged portion of Pak Tin Estate in Sham Shui Po, the Hong Kong Housing Authority had approved the redevelopment of eight residential blocks and a commercial centre which were the older portion of Pak Tin Estate. In this connection, will the Government inform this Council:

(a)	of the criteria adopted by the authorities at present for deciding to initiate the redevelopment of old PHEs; whether such criteria include factors such as the structural conditions of the buildings, the wishes of the residents in the districts, plot ratios which have not been fully utilized and those which can be increased as well as the maintenance costs required; and the weightings assigned to various factors; regarding the newly-developed sites for future public housing, of the criteria adopted and the procedures which need to be followed by the authorities for increasing the densities and plot ratios of public housing;
(b)	whether the wishes of the residents of the district have been taken into account in initiating the redevelopment of Pak Tin Estate; if so, of the process for consulting the residents and gauging their views as well as the recommendations finally adopted; whether the quality of the living environment and densities of the estates upon redevelopment have been considered; the existing and permitted maximum plot ratios of such lots; whether the redevelopment only involves land where the plot ratios have not been fully utilized; if so, why it does not consider further increasing the plot ratios of such lots to provide more public housing flats; and
(c)	of a list of the various existing old PHEs with potential redevelopment values, together with the age of such estates, the existing plot ratios and the plot ratios which may be fully utilized, and set out the information in table form; which old PHEs the authorities are planning or will consider to redevelop and whether they will consult the residents in the districts as soon as possible; whether they have assessed how the redevelopment of old PHEs will facilitate the increase in the supply of public housing in future?

Public Officer to reply : Secretary for Transport and Housing

5. Hon Fred LI to ask: (Translation)

Recently, the Chief Executive-elect ("CE-elect") has appointed Miss Ran CHEN, who has a background of Communist Youth League membership, to the post of Project Officer in the CE-elect's Office ("CEEO"). However, according to the press reports, as Miss CHEN has been residing in Hong Kong for only six years and nine months, she is not a Hong Kong permanent resident. Article 99 of the Basic Law provides that public servants serving in the Government of the Hong Kong Special Administrative Region must be permanent residents of the Region and therefore, Miss CHEN is not eligible to join the Civil Service. In this connection, will the Government inform this Council:

(a)	whether the Civil Service Bureau has assessed the impact of approving this application on the existing systems of civil servants and non-civil service contract staff; and
(b)	whether the authorities will, in response to the queries and objection raised in society at large in respect of such an appointment, re-assess if the appointment procedures and decision are correct, and consider withdrawing the appointment, as well as ensure that all sensitive and important appointments in the future will comply with the existing appointment procedures and requirements?

Public Officer to reply : Secretary for the Civil Service

6. Hon LAU Kong-wah to ask: (Translation)

Some residents of Tung Chung have indicated that after years of development of a new town in North Lantau which centres around Tung Chung, the population there has increased annually, and the residents have been facing problems such as high travelling expenses, high prices of goods and high pressure on their livelihood since they moved into the district, and the situation has not improved over the years. In this connection, will the Government inform this Council:

(a)	given that the local infrastructure projects of the Hong Kong-Zhuhai-Macao Bridge will soon commence, how the planning of the airport island in Chek Lap Kok will dovetail with the relevant development so as to achieve the effect of a "bridgehead economy"; of the latest progress of the whole project; whether more commercial and community facilities (e.g. parks, shopping malls and hotels, etc.) in Tung Chung are planned so as to attract tourists to the district for consumption, create job opportunities and promote the development of service industries in the district;
(b)	given that the SkyPier at the Hong Kong International Airport is now open for use only by transit passengers and provides them with air-to-sea/sea-to-air speedy ferry services to and from the Pearl River Delta region and Macao, whether the authorities will consider afresh making the services at the SkyPier available to Hong Kong residents for direct departure from and arrival at the territory so as to facilitate the flow of people and traffic within the district, stimulate tourism development, and bring convenience to Tung Chung residents; and
(c)	given that some Tung Chung residents have indicated that as they rely mainly on the MTR for travelling to other districts but the fare is expensive, and monthly ticket concessions are not offered for the Tung Chung line and, in addition, the MTR will soon increase its fares, the burden on Tung Chung residents, which is already very heavy, will definitely increase further, whether the authorities will request the MTR to offer monthly ticket concessions to Tung Chung residents so as to alleviate the pressure on their livelihood?

Public Officer to reply : Secretary for Transport and Housing

*7. Dr Hon Samson TAM to ask: (Translation)

Some members of the industry have pointed out that the existing procurement policy of the Government does not provide support for local innovative technology products, resulting in local enterprises lacking the experience in using such products which may serve as references, which has not only caused an outflow of technology but has also led to a drain of technology talents of the new generation. In order to change the present business environment in Hong Kong, will the Government inform this Council:

(a)	whether it has conducted any study on the provision of incentives to encourage government departments and the commerce and industry sectors to accord priority to using the results of local scientific researches; if it has, of the details; if not, the reasons for that;
(b)	whether the authorities have any proactive measure in place to boost the confidence of the domestic market and users in local innovative technology, and whether they will consider setting up a certification scheme similar to that of "Created by Hong Kong", so as to improve the situation of local innovative technology being neglected in Hong Kong; if such measures are in place, of the details; and
(c)	apart from providing funds to support the operation of the Research and Development Centres set up under the Innovative and Technology Fund, what specific measures the authorities have put in place at present to assist in the commercialization of research and development results of enterprises so as to promote the development of local innovative technology?

Public Officer to reply

Secretary for Financial Services and the Treasury
(in the absence of Secretary for Commerce and Economic Development)

*8. Hon Albert HO to ask: (Translation)

Regarding barrier free access and facilities in hospitals and clinics under the Hospital Authority ("HA"), will the Government inform this Council:

(a)	given that the Disability Discrimination Ordinance (Cap. 487) stipulates that unless there is unjustifiable hardship in compliance with the statutory requirements, barrier free access and facilities should be provided for persons with disabilities ("PWDs"), but some organizations have pointed out that the Building (Planning) Regulations (Cap. 123F) ("the Regulations"), Design Manual: Barrier Free Access 1997 and Design Manual: Barrier Free Access 2008 ("Design Manual 2008") are not applicable to government premises, whether the authorities will extend the scope of application of the Regulations to require all hospitals and clinics under HA to provide barrier free access and facilities;
(b)	given that HA has been reviewing, studying and exploring the feasibility of improving the environment and facilities of its hospitals and clinics since 2010 with a view to achieving the requirements of the Design Manual 2008, whether it knows the latest results and progress of such efforts; and
(c)	whether it has comprehensively assessed if the relevant medical facilities in HA's hospitals and clinics are suitable for PWDs to use; if it has, of the assessment results; if not, whether it will conduct the relevant assessment, and discuss with the concerned groups for the rights of PWDs to understand their needs and make improvement accordingly?

Public Officer to reply : Secretary for Food and Health

*9. Hon Alan LEONG to ask: (Translation)

It has been reported that the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region ("LOCPG") purchased a vacant site of 11 750 square feet ("sq ft") at 21 Tai Tam Road at a cost of $167 million in 2007; and if calculated at a plot ratio of 1.4, the permissible gross floor area would be 16 450 sq ft, translating into an average price of $10,140 per square foot of floor space. It has also been reported that an "in-situ land exchange" for LOCPG was approved by the Lands Department ("LandsD") in July 2010 to merge an adjacent vacant government lot and a slope with the aforesaid vacant site to form a larger site, adding an area of 2 110 sq ft, and LOCPG thus obtained a bonus gross floor area of about 3 000 sq ft, yet the Government charged LOCPG a land premium ("premium") of only $9,980,000 (i.e. the premium per square foot of the bonus floor area being only about $3,300). Under the current policy, developers applying to LandsD for "in-situ land exchanges" are required to meet some criteria (including where the Government land in question is incapable of reasonable separate alienation or development, where it has no foreseeable public use for the Government land concerned, and that the developers are required to pay full market value premium and this results in a financial return to the Government no less favourable than by separate alienation). In this connection, will the Government inform this Council:

(a)	whether the Government has assessed if the government land involved in the in-situ land exchange application related to the aforesaid site at Tai Tam Road is incapable of reasonable separate alienation or development and has no foreseeable public use; if the assessment result is in the affirmative, of the details; if the assessment outcome is in the negative, whether LandsD has violated the in-situ land exchange policy;
(b)	given that it has been reported that the selling prices of luxurious homes around Tai Tam Road were about $15,000 per square foot in 2010, the $9,980,000 received by the Government from LOCPG as premium was obviously lower than the market value, and there is no resale restriction in the new land lease conditions, how the Government's approval of the aforesaid land exchange arrangement can fulfill the policy requirement that the developers are required to pay full market value premium; of the relevant formula and the details for the calculation of the premium;
(c)	given that it has been reported that in reply to media enquiries, the Development Bureau pointed out that the relevant land lot and the extension thereto had been approved in 2009 by the Town Planning Board ("TPB"), which also granted planning permission for the owner to construct a building consisting of a seven-storey residential block and a two-storey ancillary car park on the lot, and that the owner had made an in-situ land exchange application to LandsD for merging the government land concerned with the land lot for combined development, so as to implement the planning permission granted in 2009, and the Government had already charged a full market value premium, of the details of the approval and planning permission granted by TPB in 2009 for the relevant land lot and the extension thereto;
(d)	of the number of in-situ land exchange applications made by the offices of the Central People's Government in Hong Kong in the past years; among such applications, the number of those approved by LandsD, and set out in table form the details of all the approved projects (including the land lots, the areas of the government land involved, the planned uses, as well as the total amount of premiums charged and the methods of calculation); and
(e)	of the respective total number of in-situ land exchange applications approved by LandsD in each of the past five years, and set out in table form the details (including the land lots, the areas of the government land involved, the planned uses, as well as the total amount of premiums charged and the methods of calculation) of all the approved projects?

Public Officer to reply : Secretary for Development

*10. Hon LAU Wong-fat to ask: (Translation)

Will the Government inform this Council:

(a)	when the authorities started to regulate (including enacting relevant legislation) the buildings built or rebuilt on old schedule lots in the New Territories, together with the relevant details; and
(b)	of the details of the regulatory actions taken in the past, including conducting consultation and publicity and education activities, as well as taking enforcement actions (including the respective numbers of verbal or written advice issued and the number of prosecutions instituted), together with a breakdown by year and district?

Public Officer to reply : Secretary for Development

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

Regarding the Start-up Loan Scheme ("SLS") implemented since 2001, will the Government inform this Council:

(a)	of the institutions which had applied for the loans since the introduction of SLS; the respective loan amounts, annual amounts of loan repayment, interests, outstanding loan amounts and loan repayment due dates in respect of the various institutions being granted the loans; which parties own the ultimate titles to the college premises constructed on such loans and the rights to use them;
(b)	whether it knows the respective numbers of places that the various institutions planned to offer in relation to the programmes involved in the loans applied and those places currently provided by them, together with a list of such information broken down by the academic level of the programmes;
(c)	whether it knows the respective percentages of the average unit costs of different programmes of the various institutions concerned under SLS and the annual loan repayments of the institutions in the tuition fees charged by the community colleges which offer such programmes;
(d)	whether the institutions may change the titles to, the rights to use or the uses of the relevant college premises before or after full repayment of the loans; if they may, whether the relevant changes are subject to the authorities' approval; whether it knows if any institution has already changed or plans to change such titles, rights to use or uses;
(e)	whether it knows how the institutions, after extending the loan repayment periods or repaying all the loans, make use of the resources previously used for loan repayment to benefit students (including lowering the levels of tuition fees or charging tuition fees on the principle of cost recovery), in order to relieve students' burden;
(f)	given that the original purpose of SLS is to provide loans to institutions offering full-time locally accredited self-financing post-secondary programmes for construction of college premises with a view to promoting the development of post-secondary education, which parties own the titles to the college premises after the institutions have repaid all the loans; whether the owners may sell the college premises; how the authorities prevent the institutions from using the college premises for other activities unrelated to post-secondary education or even for profit-making purpose; and
(g)	whether, before full repayment of the loans, the institutions may charge those community colleges using the college premises rent or continue to rent the college premises to the community colleges after full repayment of the loans; if they may, whether it knows the names of the institutions concerned, the justification for making such arrangements, the monthly rents charged and the uses of the rentals received; if not, whether the authorities will take action against those institutions which receive rentals from the community colleges under them, so as to ensure that the institutions will not use the college premises to earn rentals and other income while the students have to bear the relevant rental burden?

Public Officer to reply : Secretary for Education

*12. Dr Hon David LI to ask:

In reply to my question at the Council meeting of 10 November 2010, the Government advised that there was no breakdown on the number of property transactions by mainland buyers in the Land Registry ("LR")'s record on local property transactions, as a flat buyer does not have to declare such information when registering the transactions with LR. Yet, it was recently reported in the press that an estate agency had compiled data on the activities of mainland buyers by observing whether the registered name of the buyer was provided in pinyin. According to the data produced, the total value of transactions involving mainland buyers reached $60 billion in 2011. This represented 19.2% of the value of all transactions, which has gone up from 10.8% in 2010. The impact of mainland buyers was particularly pronounced in the primary market, where such buyers accounted for 39.9% of the value of all transactions in 2011. In this connection, will the Government inform this Council:

(a)	whether the Government will consider requiring buyers of residential properties to provide more details on their origin so that market participants do not need to derive information on the source of demand in Hong Kong's property market using crude methods; if not, of the reasons for that;
(b)	given the apparent large number of mainland buyers in the local property market and especially in the primary market as reported by the media, whether the Government has any reason to believe that a bubble exists in the local property market; and
(c)	whether the Government has conducted any review of the impact of mainland buyers' activities in the local property market in recent years and/ or the outlook for the coming years; if so, of the conclusion reached?

Public Officer to reply : Secretary for Transport and Housing

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

As stated in a discussion paper provided by the Government to this Council in April this year on the establishment and strength of the Civil Service, there will be a continuous increase in the number of civil servants retiring from the Civil Service in the coming decade, from the annual average of around 3 800 for the five-year period ended 2010-2011 to around 5 200 in the five-year period ending 2015-2016 and around 6 900 in the next five-year period ending 2020-2021. Moreover, no more new appointees are appointed to the Civil Service on permanent and pensionable terms starting from 1 June 2000. Instead, they will enjoy retirement benefits based on the terms under the Mandatory Provident Fund ("MPF") Scheme or the Civil Servant Provident Fund ("CSPF") Scheme. In this connection, will the Government inform this Council of:

(a)	the respective numbers of those among the 158 444 serving civil servants as at the end of March 2011 who are entitled to retirement benefits based on permanent and pensionable appointment terms and on the terms under the MPF or CSPF Schemes;
(b)	the current number of retired civil servants and judicial officers who are in receipt of pensions from the Government of the Hong Kong Special Administrative Region; and the amount of the Government's average monthly recurrent expenditure on pensions, including lump sum pension gratuities and monthly pension;
(c)	the numbers of retired civil servants and judicial officers in receipt of a monthly pension in each of the next 10 years as estimated by the Government, together with their rates of increase and the amounts of recurrent expenditure on pensions, as well as the changes in such amounts; and
(d)	the time, as estimated by the Government, by which the expenditure on pensions and pension obligations will completely come to an end, as no more new recruits are appointed to the Civil Service on permanent and pensionable terms since 1 June 2000?

Public Officer to reply : Secretary for the Civil Service

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

It has been reported earlier that when processing an application for in-situ land exchange ("land exchange") in 2010, the Lands Department additionally granted the government land adjoining the lot in question (including the carriageway, the small slope and the green area) at an excessively low land premium ("premium") to the Liaison Office of the Central People's Government in Hong Kong Special Administrative Region ("LOCPG"), and the Buildings Department also offered a substantial gross floor area concession (commonly known as "inflated area"). In this connection, will the Government inform this Council:

(a)	of the original site area and the planned use of the site at 21 Tai Tam Road purchased by LOCPG in 2007; why the authorities approved the aforesaid application for land exchange and allowed LOCPG to obtain the additional adjoining government land; the total site area of the lot (including the additional government land area involved) after the land exchange; whether there is any change in the planned land use of the new lot; whether the whole site may be used for residential development;
(b)	of the plot ratio, the permissible building height and the permissible building area of the lot after the land exchange, as well as the difference between these measurements and those before the land exchange; the amount of premium involved and how it compares with those of the nearby lots at the time of the land exchange; the market price per square foot of the site at 21 Tai Tam Road in 2007 and the market price per square foot of the nearby residential sites in 2010;
(c)	of the factors considered by the authorities when they approved the application for in-situ land exchange at 21 Tai Tam Road;
(d)	regarding the permissible building area of the lot and the application plan for building construction thereon after the land exchange, of the area exempted by the authorities and the reasons for such exemption; whether premium was involved; if so, of the amount of the premium;
(e)	whether any additional condition was imposed by the authorities when they approved the aforesaid land exchange application; whether the aforesaid carriageway, small slope and green area have become private land after the land exchange; which party is responsible for the management and maintenance of such land; whether LOCPG may restrict public use of such carriageway, small slope and green area; whether government land where carriageways, small slopes and green areas are located had been granted by the Government for private ownership in similar cases in the past;
(f)	whether any restriction on transfer or use was specified in the land lease for the new lot after the land exchange; and
(g)	whether the aforesaid land exchange case was subject to the vetting and approval of the Town Planning Board ("TPB") due to a change in the planned land use or other reasons; if so, of the decision made by TPB and whether any additional condition was imposed?

Public Officer to reply : Secretary for Development

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

According to the information provided by the Central Registry for Rehabilitation of the Labour and Welfare Bureau, the number of children registrants aged zero to 14 with various types of disabilities, such as intellectual disabilities, hearing or visual impairment and physical disabilities etc., had been decreasing over the past 10-odd years, while the number of those with autism increased from 884 in 2001 to 2 593 in 2011, representing approximately a three-fold increase. Moreover, the number of cases receiving the Child Assessment Service ("CAS") provided by the Department of Health increased from 5 574 in 2000 to 26 217 in 2010, representing a five-fold increase. In this connection, will the Government inform this Council:

(a)	of the respective numbers of children aged zero to 14 and adults with disabilities in the past five years, broken down by type of disabilities (list in table form);
(b)	whether the statistics on cases receiving CAS at present include those receiving assessments on autism and dyslexia; if not, whether the authorities will include the statistics on such cases;
(c)	of the new services and resources provided since 2010 in the areas of education, social welfare and healthcare to children with hyperactivity disorder and specific learning difficulties; and
(d)	of the respective education, social welfare and healthcare services currently provided to children with dyslexia; whether the authorities will enhance the relevant services?

Public Officer to reply : Secretary for Labour and Welfare

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

As pointed out by the Consumer Council, there were a total of 829 complaint cases involving online purchases last year, representing a significant increase of 89% over the figure in 2010; among these complaints, the number of those involving group purchases increased from only two cases in 2010 to 548 last year. Such complaints mainly involved beauty treatments, medical services, dining, cosmetics and fashion products, etc., and 32% of the cases complained about not being able to receive discount coupons or make advance booking for services after payment, and those concerning dissatisfaction with the quality of goods or services as well as shop closure accounted for 20% and 13% respectively. In this connection, will the Government inform this Council:

(a)	given that quite a number of group purchase web sites contain disclaimers of liabilities for any defect in goods or services, whether it has assessed if such disclaimers have any legal effect; of the assessment result; whether the authorities will study now, in the light of the relevant problem, restrictions should be imposed on the posting of such disclaimers on group purchase web sites;
(b)	whether the authorities will in the future study in detail the liabilities of the intermediaries vis-a-vis those of the final providers of services/goods in the contracts for online group purchases, so as to clarify their respective liabilities and plug the loopholes in the existing legislation; and
(c)	whether the existing legislation imposes any restriction (e.g. imposing specific regulations on pharmaceutical and food products sold online with a view to safeguarding consumers' safety and health) on the types of goods to be sold online; if so, of the details; if not, whether the authorities will consider amending the legislation, with a view to stepping up efforts in safeguarding the interest of consumers making purchases online?

Public Officer to reply

Secretary for Financial Services and the Treasury
(in the absence of Secretary for Commerce and Economic Development)

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

Recently, I have received quite a number of complaints alleging that residents in the vicinity of hotels are often disturbed by false fire alarms going off at the hotels. Regarding cases of false fire alarms going off at hotels (including hotels in buildings which are originally designed for hotel purposes ("originally-built hotels") and hotels being converted from other types of buildings, e.g. commercial buildings and industrial buildings ("converted hotels")) in Hong Kong, will the Government inform this Council:

(a)

of the respective monthly numbers of false fire alarms went off at hotels in Hong Kong in 2011, broken down by District Council districts ("18 districts") in the following table;

Monthly numbers of false fire alarms went off at hotels in 2011
Month	Originally-built hotels			Converted hotels			Total
Month	Central & Western District	Shatin District	...	Central & Western District	Shatin District	...	Central & Western District	Shatin District	...

(b)

of the respective monthly numbers of hotels in Hong Kong at which false fire alarms went off in 2011, broken down by the 18 districts in the following table;

Monthly numbers of hotels at which false fire alarms went off in 2011
Month	Originally-built hotels			Converted hotels			Total
Month	Central & Western District	Shatin District	...	Central & Western District	Shatin District	...	Central & Western District	Shatin District	...

(c)

of the names of the hotels at which the highest number of false fire alarms went off within a month in 2011, as well as the major reasons for such false fire alarms, and list the information by "originally-built hotels", "converted hotels" and 18 districts; and

(d)

whether the authorities have any pragmatic measure to effectively improve the situation of false fire alarms going off at hotels; if so, of the details; if not, the reasons for that; whether the authorities have any system to monitor false fire alarm cases in all kinds of hotels in Hong Kong; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Security

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

It has been learnt that over 520 registered vegetable farms on the Mainland, which are regulated by mainland inspection and quarantine authorities, supply vegetables to Hong Kong ("mainland vegetable farms"). Moreover, since the Agriculture, Fisheries and Conservation Department and the Vegetable Marketing Organization jointly launched the Accredited Farm Scheme ("the Scheme") in 1994, over 250 local farms and 37 farms on the Mainland have been accredited under the Scheme ("accredited farms"). Regarding the monitoring of such farms and the use of pesticides, will the Government inform this Council:

(a)	of the current number of mainland vegetable farms and mainland accredited farms inspected by the authorities each year and the items inspected;
(b)	whether the inspectors are required to submit inspection reports; if so, whether the authorities publish such reports; if so, where the public can have access to and peruse those reports; if the reports are not published, of the reasons for that;
(c)	whether the authorities have a list of pesticides against which the vegetables produced by the mainland vegetable farms are checked; if so, of the names of the pesticides on the list;
(d)	whether there is a list of suggested pesticides or prohibited pesticides under the Scheme; whether vegetable farms which are both mainland vegetable farms and accredited farms should follow Hong Kong's regulations and policies on the use of pesticides or those of the local government; and
(e)	given that Hong Kong will soon implement legislation on the regulation of pesticide residues on food, whether the authorities will set the target for reduction in the amount of pesticides ("pesticide reduction") and work with the relevant mainland authorities to carry out the initiatives for pesticide reduction at source and encourage operators of mainland vegetable farms to reduce the use of pesticides; if they will, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Food and Health

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

The Government will launch a four-year pilot scheme on community care service voucher for the elderly ("the scheme") next year to provide direct subsidy for eligible elderly people to choose to receive home care and day care services which suit their needs. In the first phase, participants may choose any service up to a value of $5,000 per month and the authorities will provide them with a monthly subsidy of $2,500 to $4,500. In this connection, will the Government inform this Council:

(a)	of the progress of the preparatory work for the scheme; given that services in the first phase will focus on elderly people who have been assessed by the Standardized Care Need Assessment Mechanism for Elderly Services of the Social Welfare Department as having impairment at moderate level, of the criteria based on which the authorities assess an individual as "having impairment at moderate level"; of the estimated number of eligible elderly people for the first phase;
(b)	of the numbers of non-governmental organizations and non-profit-making organizations (including social enterprises) which to date have been invited and agreed to participate in the first phase of the scheme; of the criteria based on which the authorities determine whether or not individual organizations are suitable to participate in the scheme;
(c)	given that the authorities have indicated its intention to introduce a case manager approach to the scheme and proposed that in the first phase, case management be undertaken by service providers and a quality monitoring mechanism be established by the authorities to safeguard service standard, of the progress in establishing the monitoring mechanism; of the specific mode of operation; how they ensure that no conflict of interests will arise when service providers are responsible for both case management and care planning; and
(d)	as I have learnt that due to inadequate supply of residential care places for the elderly, quite a number of members of grassroots families need to take care of mobility-handicapped or chronically ill elderly people at home, and they are not able to take up full-time jobs, thus worsening the financial situation of their families, whether the authorities will consider providing additional subsidies on the existing basis to low-income families or individuals who need to take care of elderly people so as to alleviate the financial burden on such carers, with a view to encouraging ageing at home and thus relieving the community's demand for residential care places for the elderly; if they will not, of the reasons for that?

Public Officer to reply : Secretary for Labour and Welfare

*20. Prof Hon Patrick LAU to ask: (Translation)

The Victoria Harbour is a famous landmark of Hong Kong and good harbour management will enable it to serve its due functions and demonstrate its scenic beauty. In this connection, will the Government inform this Council:

(a)	of the total number of berths (including those inside typhoon shelters) throughout the territory which are open for use by vessels at present and the areas of such berths, with a breakdown by type of berths (including those for cruises, barges, and yachts, etc.);
(b)	whether an estimate has been made in the planned development of the harbourfront for the next decade on the numbers of berths for different types of vessels required in various districts throughout the territory and on the areas of such berths; if so, of the relevant figures; and
(c)	whether it has studied and planned to increase correspondingly the numbers of berth facilities for large, middle and small-sized yachts and other vessels to tie in with the construction of the new cruise terminal in Kai Tak so as to meet the demands from marine traffic and promoting tourism development; if it has not, of the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

* For written reply

III. Bills

Second Reading (Debate to resume), Committee Stage and Third Reading

(Bill originally scheduled to be dealt with at the last Council meeting)

Legislative Council (Amendment) Bill 2012 : Secretary for Constitutional and Mainland Affairs

(i)	Secretary for Constitutional and Mainland Affairs to move a Committee stage amendment
(The amendment was issued on 23 April 2012 under LC Paper No. CB(3)676/11-12)
(ii)	Hon Albert CHAN and Hon WONG Yuk-man to move Committee stage amendments
(The amendments were issued on 26 April 2012 under LC Paper No. CB(3)693/11-12)

IV. Motions

(Motions originally scheduled to be dealt with at the last Council meeting)
1.	Proposed resolution under the Legal Aid Ordinance Secretary for Home Affairs to move the motion in Appendix I.
(The motion was also issued on 20 April 2012 under LC Paper No. CB(3) 662/11-12)
2.	Proposed resolution under the Import and Export Ordinance Secretary for Commerce and Economic Development to move the following motion: Resolved that the Import and Export (Registration) (Amendment) Regulation 2012, made by the Chief Executive in Council on 17 April 2012, be approved.
(The Amendment Regulation is in Appendix II and was also issued on 23 April 2012 under LC Paper No. CB(3)666/11-12)

V. Members' Motions on Subsidiary Legislation and Other Instruments

(Member's motion originally scheduled to be dealt with at the last Council meeting)

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. 18/11-12 of the House Committee laid on the Table of the Council on 9 May 2012 in relation to the subsidiary legislation and instrument(s) as listed below:

Item Number	Title of Subsidiary Legislation or Instrument
(1)	Prevention of Bribery Ordinance (Amendment of Schedules 1 and 2) Order 2012 (L.N. 38/2012).

Public Officer to attend : Secretary for Commerce and Economic Development

VI. Members' Bills

(Member's Bill originally scheduled to be dealt with at the last Council meeting)

First Reading Professional Accountants (Amendment) Bill 2012
Second Reading (Debate to be adjourned)
Professional Accountants (Amendment) Bill 2012	:	Hon Paul CHAN
Public Officer to attend	:	Secretary for Financial Services and the Treasury

VII. Members' Motions

(Member's motion scheduled to be dealt with at this Council meeting)

Motion under Article 73(9) of the Basic Law

Initiated jointly by Hon Albert HO , Hon LEE Cheuk-yan, Hon Fred LI, Hon James TO, Hon CHEUNG Man-kwong, Hon LEUNG Yiu-chung, Hon Emily LAU, Hon Andrew CHENG, Hon Frederick FUNG, Hon Audrey EU, Hon LEE Wing-tat, Dr Hon Joseph LEE, Hon Ronny TONG, Hon KAM Nai-wai, Hon Cyd HO, Hon CHEUNG Kwok-che, Hon WONG Sing-chi, Hon Paul TSE, Hon Alan LEONG, Hon LEUNG Kwok-hung, Hon Tanya CHAN, Hon Albert CHAN and Hon WONG Yuk-man (23 Members) and to be moved by Hon Cyd HO

That, since a motion initiated jointly by not less than one-fourth of all the Members of the Legislative Council charges the Chief Executive Mr Donald TSANG with serious dereliction of duty (details as particularized in the Schedule to this motion) and he refused to resign, this Council, in accordance with Article 73(9) of the Basic Law, gives a mandate to the Chief Justice of the Court of Final Appeal to form and chair an independent investigation committee to investigate the alleged dereliction of duty and report to this Council.

Schedule
Details of dereliction of duty of the Chief Executive Mr Donald TSANG are set out below: Mr Donald TSANG, as the Chief Executive of the Hong Kong Special Administrative Region, accepted advantages or extravagant entertainment offered by other persons without making any declaration, failing to fulfill the duties under Article 47 of the Basic Law that the Chief Executive must be a person of integrity and dedicated to his or her duties
(1)	Mr Donald TSANG accepted advantages or extravagant entertainment offered by other persons
	(a)	Mr Donald TSANG rented a 630m2 odd apartment in East Pacific Garden, Shenzhen at a rate of RMB 800,000 yuan per annum. The owner of the apartment provided the renovation, and the renovation costs are reportedly about RMB 3,000,000 yuan; and
	(b)	Mr Donald TSANG and his wife accepted extravagant entertainment offered by other persons on several occasions, including:
		(i)	on their trips to Macao in April 2011 and February 2012, stayed on board the private yacht of other person and returned from Macao to Hong Kong on it, paying only about HK$500 on each occasion (amount corresponding to two tickets of one‐way Macao‐to‐Hong Kong commercial ferry ride); and
		(ii)	in February 2012, travelled to Phuket, Thailand and back to Hong Kong in a private jet of other person and stayed on board the private yacht of other person in Phuket, paying only about HK$5,900 (amount corresponding to two round-trip economy class flight tickets between Hong Kong and Phuket).
(2)	Mr Donald TSANG did not make any declaration during meetings of the Executive Council at which items relating to businesses operated by the persons who offered the aforesaid advantages or entertainment were discussed According to the reply by the Secretary for Constitutional and Mainland Affairs to Members' questions at the Legislative Council meeting of 29 February 2012, Mr Donald TSANG did not make any declaration of his acceptance of advantages referred to in item (1)(a) or his acceptance of entertainment referred to in item (1)(b) during meetings of the Executive Council. Mr TSANG did not make any declaration when the Executive Council deliberated on the issues of the licence of the Digital Broadcasting Corporation Hong Kong Limited ("DBC"), and the owner of the apartment referred to in item (1)(a) is a shareholder of DBC.
(3)	Mr Donald TSANG failed to formulate credible rules governing the Chief Executive's acceptance of advantages or entertainment It has been reported that Mr Donald TSANG himself formulated internal rules governing the Chief Executive's acceptance of advantages or entertainment; however, the Chief Executive's Office does not have any formal record of the above rules, and the standard claimed is much lower than that for civil servants.

Public Officers to attend

The Chief Secretary for Administration
Secretary for Constitutional and Mainland Affairs

(Members' motions originally scheduled to be dealt with at the last Council meeting)

The 4 June incident

Hon LEE Cheuk-yan to move the following motion: (Translation)

That this Council urges that: the 4 June incident be not forgotten and the 1989 pro-democracy movement be vindicated.

Amendment to the motion
Hon WONG Yuk-man to move the following amendment: (Translation)

To delete "incident" after "the 4 June" and substitute with "tragedy"; to delete "and" after "forgotten" and substitute with ", pro-democracy figures be released,"; and to add ", the responsibility for the massacre be ascertained, one-party dictatorship be ended and a democratic China be built" immediately before the full stop.

Actively studying the establishment of a middle class commission

Hon Miriam LAU to move the following motion: (Translation)

That, given that the global and Hong Kong economies are still facing extremely unclear risks, while the middle-class people are plagued by problems such as Hong Kong's single-direction development of industries, etc., and have experienced quite a number of bottlenecks in their career development and are burdened with heavy pressure in the areas of healthcare, education, taxation and housing, etc.; as shown by the latest statistics of an organization, the number of middle-class people seeking counselling has increased by about 30% when compared with the number some one year ago, and some people even describe themselves as the poor middle class, thus showing that the plight of the middle class has been neglected; in this connection, this Council urges the Government to actively study the establishment of a middle class commission, comprehensively review the policies and measures relating to the middle class, put forward concrete and comprehensive corresponding strategies in a focused manner to assist middle-class families in alleviating their burdens and facilitating their personal career development, so as to boost upward social mobility in the overall community; the relevant measures should include: Career development -

(a)	to adopt a multi-pronged approach to promote diversified development of industries in Hong Kong, so as to create more jobs at the middle and senior levels as well as business start-up opportunities in various industries and professions;
(b)	to further strengthen regional economic development to form an economic development circle with different regions on the Mainland, etc. so as to provide more and better career development opportunities for middle-class professionals;
Housing difficulties -
(c)	to increase land supply to ease property prices and launch more 'no-frills' small and medium sized flats, including 'flats with limited floor area' for Hong Kong people who are first-time home buyers, so as to alleviate the plight of marginal middle-class people in acquiring their own homes;
(d)	to relax the eligibility criteria for purchasing flats in the Home Ownership Scheme secondary market, thereby enabling eligible white form applicants to make purchases;
(e)	to introduce a tax allowance for rentals for marginal middle-class people;
(f)	to further extend the entitlement period for deduction for home loan interest;
Taxation burden -
(g)	to adjust salaries tax downwards, in particular widening tax bands for salaries tax and lowering the marginal rate, so as to vigorously alleviate the burden of marginal middle-class people;
(h)	to relax the restrictions on the dependent parent or dependent grandparent allowance by relaxing the eligibility requirement from living in the same unit to living in the same housing estate;
Education and self-education -
(i)	to completely abolish the restrictions on kindergarten vouchers, so as to reduce children education expenses of middle-class families;
(j)	to introduce a children's education allowance, so as to alleviate the burden of children education expenses of the middle class;
(k)	to substantially increase the salaries tax deduction for self-education expenses and the subsidy under the Continuing Education Fund;
Healthcare -
(l)	to expeditiously and properly tackle the problem of 'doubly non-permanent resident pregnant women', and ensure that local pregnant women have priority in receiving confinement service in both public and private hospitals;
(m)	to provide tax deduction for medical insurance contributions;
(n)	to provide tax deduction for medical examinations, so as to encourage people to undergo such examinations on a regular basis; and
Legal aid -
(o)	to further lower the threshold of the Supplementary Legal Aid Scheme, so as to assist more needy middle-class people in safeguarding their legitimate rights and interests by law.
Amendment to the motion Hon Alan LEONG to move the following amendment: (Translation) To delete "given that" after "That," and substitute with "as"; to add "(c) to optimize the use of government land resources and increase land supply, so as to alleviate the pressure of shop rents on business operations for middle-class people;" after "middle-class professionals;"; to delete the original "(c)" and substitute with "(d)"; to delete the original "(d)" and substitute with "(e)"; to delete the original "(e)" and substitute with "(f)"; to delete the original "(f)" and substitute with "(g)"; to delete the original "(g)" and substitute with "(h)"; to delete the original "(h)" and substitute with "(i)"; to delete the original "(i)" and substitute with "(j)"; to delete the original "(j)" and substitute with "(k)"; to delete the original "(k)" and substitute with "(l)"; to delete the original "(l)" and substitute with "(m)"; to delete "and ensure that" after "resident pregnant women'," and substitute with "including ensuring a 'zero' delivery quota for 'doubly non-permanent resident pregnant women' in public and private hospitals in 2013, enabling"; to delete "have priority in receiving" after "local pregnant women" and substitute with "and mainland pregnant women with Hong Kong husbands to be given priority in receiving"; to add "; strengthening the effort to combat agencies and hostels for pregnant women; in accordance with Article 22 of the Basic Law, advising the Central Government to suspend the vetting and approving entry into Hong Kong of 'doubly non-permanent resident pregnant women' from the Mainland; and amending the Basic Law when necessary, so that babies born to 'doubly non-permanent resident pregnant women' will not be entitled to the right of abode in Hong Kong;" after "private hospitals"; to delete the original "(m)" and substitute with "(n)"; to delete the original "(n)" and substitute with "(o)"; to delete "and" after "regular basis;"; to delete the original "(o)" and substitute with "(p)"; and to add "; and The elderly - (q) to allocate funding for establishing a seed fund for universal retirement protection, so as to provide all elderly people with pensions and alleviate the financial burden of middle-class families" immediately before the full stop.
Amendment to Hon Alan LEONG's amendment Hon Starry LEE to move the following amendment: (Translation) To delete "in accordance with Article 22 of the Basic Law, advising the Central Government to suspend the vetting and approving entry into Hong Kong of 'doubly non-permanent resident pregnant women' from the Mainland; and amending the Basic Law when necessary" after "hostels for pregnant women;" and substitute with "stepping up law enforcement and enhancing entry restrictions to comprehensively block the entry of 'doubly non-permanent resident pregnant women', and making use of legal channels"; to delete "allocate funding for" after "(q) to" and substitute with "study"; to delete "seed fund for" after "establishing a"; and to add "scheme" after "retirement protection".

Public Officers to attend

Secretary for Education
Secretary for Financial Services and the Treasury
Secretary for Development

Caring about the education, employment and housing problems faced by young people

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

That young people are the future pillars of society, but in the face of globalization and the rapid development of neighbouring places, Hong Kong young people not only face many challenges during their growth, but also lack upward mobility opportunities, and this is especially highlighted in their education, employment and housing aspirations; however, the Government has all along failed to formulate any support measures with young people as the main targets; in this connection, this Council urges the Government to care about young people's needs, and assist them in concentrating on their education, establishing their career and resolving their housing needs; specific measures should include:

Education -
(a)	to enhance the qualification recognition of the Hong Kong Diploma of Secondary Education Examination, sub-degrees and the new Yi Jin Diploma in Hong Kong, the Mainland and the international community, so as to widen young people's pathways of further studies;
(b)	to dovetail with the concept of promoting students' whole-person development under the new academic structure by introducing an extra-curricular activities allowance for students to subsidize their participation in extra-curricular activities;
(c)	to promote the commencement of 'career planning' at the stage of secondary education, so as to enable secondary students to make better planning for their future career development;
Employment -
(d)	to review the planning of employment training support services for young people, enhance the existing Youth Pre-employment Training Programme and Youth Work Experience and Training Scheme, and raise the level of the relevant subsidies, so as to attract the participation of more employers to provide more employment and training opportunities in the market which are suitable for young people;
(e)	to set up more 'Youth Employment Start' ('Y.E.S') resource centres throughout Hong Kong, strengthen the training programmes targeted at young people, enhance their employment skills, and provide one-stop employment counselling;
(f)	focusing on the development of the six industries and creative industries, to enhance training and provide better support to help young people join the relevant industries;
Housing -
(g)	to relax the existing eligibility criteria for applying for public rental housing, and address low-income young people's housing needs;
(h)	to allow eligible white form applicants to purchase Home Ownership Scheme flats without having to pay the premium, so as to assist young people in accessing the home acquisition ladder; and
(i)	focusing on young people with relatively stable financial income, to study re-launching the Home Starter Loan Scheme.
Amendments to the motion
(i)	Hon Audrey EU to move the following amendment: (Translation) To add "the SAR Government has all along lacked a comprehensive youth policy, and" after "That"; to delete "and" after "young people's needs,"; to add ", and promote young people's social participation" after "their housing needs"; to add "(e) to further increase the places for publicly-funded bachelor's degree programmes; (f) to review the financial assistance and loan system for students, alleviate the financial burden of young people after their graduation, and implement the abolition of the risk rate of the non-means-tested loan scheme;" after "career development;"; to delete the original "(d)" and substitute with "(g)"; to delete the original "(e)" and substitute with "(h)"; to delete the original "(f)" and substitute with "(i)"; to delete the original "(g)" and substitute with "(j)"; to delete ", and" after "rental housing" and substitute with "('PRH'),"; to add ", and review the existing allocation system for single-person PRH units" after "people's housing needs"; to delete the original "(h)" and substitute with "(k)"; to delete "and" after "ladder;"; to delete the original "(i)" and substitute with "(l)"; and to add "; Social participation - (m) to review the existing composition and functions of the Commission on Youth; (n) to convene youth summits and related local forums on youth issues annually, and promote young people's participation in such summits and forums; and (o) to increase the ratio of youth participation in various statutory and advisory bodies, and set specific targets accordingly" immediately before the full stop.
(ii)	Hon IP Wai-ming to move the following amendment: (Translation) To add ", as we all know," after "That"; to add "(d) to strengthen vocational education for students of post-secondary and tertiary institutions, so that young people can get an early grasp of the objectives concerning career prospects, and lay a good foundation for upward mobility; (e) to increase the number of internship places in Hong Kong and overseas for students of the various tertiary institutions; (f) to comprehensively review the assistance as well as loans and repayment arrangements under the various existing student finance schemes, including abolishing the risk rate; significantly lower the interest rates of all loan schemes for tertiary students and waive the interest accrued during students' study periods under the Non-means-tested Loan Scheme; change the situation where interest rates of student loans are higher than those of bank mortgages; allow tax deduction on repayment amounts of university education loans; study the feasibility of allowing local students to apply for student loans for pursuing further education overseas; and increase the grant amounts for tertiary students; (g) to comprehensively review the Continuing Education Fund Scheme, including raising the cap on the amount of subsidy receivable by each applicant and extending the period of four years within which applicants must submit all claims as required by the Continuing Education Fund, etc., so as to encourage young people to pursue continuous education; (h) to strengthen the manning ratio of student guidance personnel in secondary schools and tertiary institutions, so as to assist young people in facing problems related to education, family, friends and career prospects, etc.;" after "career development;"; to delete the original "(d)" and substitute with "(i)"; to delete the original "(e)" and substitute with "(j)"; to delete the original "(f)" and substitute with "(k)"; to delete "focusing on the development of the six industries" before "and creative industries," and substitute with "to expedite the upgrading of the four pillar industries, and promote the development of the six industries with competitive edge"; to add "(l) to enhance the applicability and effectiveness of the training and employment support structure for young people, and assist young people in joining industries which need new blood, such as construction industry, transport industry and shipping industry; (m) to motivate employers to provide employees with 'training leave', including offering tax concessions to such employers, so as to facilitate working young people to pursue studies, revise their lessons and acquire professional qualifications by examination; (n) to co-operate with organizations and enterprises in the public and private sectors to encourage the employment of young people with less working experience and share with them the associated salary payments, so as to enhance young people's chances of securing employment; (o) to proactively approach young people who have remained jobless for a long time and hidden youths, so as to provide career counselling and support to them; (p) to proactively develop apprenticeship programmes, including expanding the scope of industries covered by the apprenticeship system, so as to give young people a chance to practise while learning and provide them with a career ladder; (q) to establish a start-up fund for young people and provide business start-up advice and loans, so as to assist young people in devising their business start-up plans and further practice; (r) to subsidize young people from low-income families to attend self-enrichment courses, so as to enhance their competitiveness in choosing their own careers;" after "relevant industries;"; to delete the original "(g)" and substitute with "(s)"; to delete "relax" before "the existing eligibility" and substitute with "review"; to delete ", and address low-income young people's housing needs;" after "public rental housing" and substitute with "('PRH'), including studying the reasons for young people to apply for PRH as well as the required waiting time and allocation situation, so as to formulate a more reasonable and fairer method for waiting for and allocation of PRH for young people, and also putting forward measures, such as raising the household income ceiling, to encourage young people to live with their parents; (t) to increase the annual PRH production to 30 000 units or more, including resuming the construction of Group B PRH for renting by eligible young people subject to time limits, so as to address low-income young people's housing needs;"; to delete the original "(h)" and substitute with "(u)"; to add "and eligible persons currently waiting for PRH allocation" after "white form applicants"; and to delete the original "(i)" and substitute with "(v)".
(iii)	Hon WONG Sing-chi to move the following amendment: (Translation) To add "can make great contributions to society, and they" after "That young people"; to add "increase the places for publicly-funded bachelor's degree and various types of diploma programmes, allocate more resources for providing relevant financial subsidies, and formulate a comprehensive education and training policy for young people," after "international community,"; to add "(d) to advocate family-friendly policies, assist students' parents in understanding more deeply and caring about the needs of young people during their growth, provide adequate social workers for schools, families and the community, assist young people in facing the pressure from learning and life, and strengthen the healthy life development of young people;" after "career development;"; to delete the original "(d)" and substitute with "(e)"; to delete the original "(e)" and substitute with "(f)"; to delete the original "(f)" and substitute with "(g)"; to add "(h) to formulate a comprehensive employment and training policy for young people, co-ordinate the various existing youth employment training programmes, review the recognition of the various programmes, actual employment rates and the problem of job matching, assist young people in entering the labour market, including providing internship places to secondary school leavers to enhance their competitiveness; (i) to create the posts of junior attendant at tourism spots to provide employment opportunities for unemployed young people;" after "relevant industries;"; to delete the original "(g)" and substitute with "(j)"; to add "build more public rental housing flats," before "relax"; to delete the original "(h)" and substitute with "(k)"; to add "in the secondary market" after "Ownership Scheme flats"; to delete "and" after "ladder;"; to delete the original "(i)" and substitute with "(l)"; and to add "on the premise of having an adequate supply of private housing; (m) to re-launch the Sale of Flats to Sitting Tenants Scheme, so that young people can live together with their parents without being subject to means test; and (n) to assist non-government organizations in providing hostels for youths, so as to offer hostel places to young people at relatively inexpensive rents" immediately before the full stop.

Public Officers to attend

Secretary for Education
Secretary for Labour and Welfare
Secretary for Transport and Housing

Opposing Hong Kong communists ruling Hong Kong

Hon Albert CHAN to move the following motion: (Translation)

That this Council expresses deep resentment at the direct interference of the Communist Party of China in the 2012 Chief Executive Election, which ruins 'one country, two systems'; as the Chief Executive Election was conducted under the interference and manipulation of the Communist Party of China, this Council does not accept, recognize and agree to the result of the 2012 Chief Executive Election; in this connection, this Council requests the immediate implementation of universal suffrage for returning the Chief Executive and all Legislative Council seats, and calls upon Hong Kong people to resort to confrontational means to resist Hong Kong communists ruling Hong Kong.

Public Officer to attend : Secretary for Constitutional and Mainland Affairs

(Members' motions scheduled to be dealt with at this Council meeting)

Enhancing the accountability of charities and complying with the best practices in corporate governance

Hon Paul CHAN to move the following motion: (Translation)

That the Charities Sub-committee under the Law Reform Commission of Hong Kong is still collating public submissions after completing its public consultation on the consultation paper on charities in end October last year, and at present, except for those charities that are incorporated as companies limited by guarantee with the Company Registry whose financial statements are accessible by the public in the Company Registry, the public has no way to know about the governance and financial information of all other charities, such as those established by way of trust; moreover, currently, except for section 88 of the Inland Revenue Ordinance, in which 'charitable purpose' is defined for the purpose of taxation, there is no other legislation regulating charities and how they use the donations, nor does the Administration have the figures regarding charities established; over the past few years, some suspected cases of charities with strange fund-raising practices, unclear accounts, indiscriminate investments and even transfer of surpluses have been uncovered in society, making the public worry that donations to charities may not be serving charitable purposes; in this connection, this Council urges the Government to expeditiously release to the public the findings of the public consultation on the consultation paper on charities, and before statutory regulation is introduced, consider enhancing the transparency and accountability of charities by adopting measures such as encouraging them to comply with the best practices in corporate governance, strengthen their financial management, and disclose their financial information on a regular basis; at the same time, the Government should expeditiously implement the statutory regulatory proposals in the consultation paper on charities which are generally agreed by the community.

Amendments to the motion
(i)	Hon James TO to move the following amendment: (Translation) To add ", as" after "That"; to add "many community organizations and members of the public have expressed worry that the activities of charities with different views may be restricted;" after "last year,"; to add ", as well as maintain the autonomy of their organizations" after "basis"; to delete "expeditiously implement" after "the Government should" and substitute with "carefully consider all"; and to delete "which are generally agreed by the community" immediately before the full stop.
(ii)	Hon Alan LEONG to move the following amendment: (Translation) To add ", given that" after "That"; to delete "before statutory regulation is introduced, consider enhancing the transparency and accountability of charities by adopting measures such as encouraging them" after "on charities, and" and substitute with "encourage charities"; to delete "," after "management"; to add ", so as to enhance their transparency and accountability" after "basis"; and to delete "should expeditiously implement the statutory regulatory proposals in the consultation paper on charities which are generally agreed by the community" immediately before the full stop and substitute with "must ensure that human rights and advocacy of policies are included as charitable purposes, and should also ensure that charities can maintain autonomy and are free from any political interference".
(iii)	Hon CHEUNG Kwok-che to move the following amendment: (Translation) To add "besides, some people worry that the power of the charity commission mentioned in the consultation paper on charities is too great, which may lead to self-censorship on the part of charities dedicated to empowering the socially disadvantaged and charities which are concerned about such sensitive issues as human rights; at the same time, some social workers are concerned about a proposal in the consultation paper on charities that 'an activity to preserve an existing piece of legislation, where a charity opposes its being repealed or amended, would fall under "political activity"', not to be regarded as dedicated to a charitable purpose, and the proposal runs counter to clause 50 of the Code of Practice for Registered Social Workers, which provides that 'Social workers recognise the need to advocate changes in the formulation of policies and legislation to improve social conditions, to promote social justice and general welfare of the society. Social workers also recognise the need to contribute to the implementation of policies for human welfare'; they consider that the proposal will make social workers of charities act against professional ethics, and render organizations within the definition of 'charity' unable to employ professional social workers any more;" after "charitable purposes;"; to add ": (a)" after "the Government to"; to delete ", and" after "the public consultation on the consultation paper on charities" and substitute with "; (b)"; to add "first" after "introduced,"; to delete "at the same time, the Government should" after "basis;" and substitute with "(c) motivate the public to continue to hold discussions on monitoring charities and their fund-raising practices, and listen to the views of the public and stakeholders; and (d)"; and to add ", and prudently handle the controversial items in the paper, so as to ensure that while undesirable fund-raising practices are effectively monitored, charities dedicated to empowering the socially disadvantaged and charities which are concerned about such sensitive issues as human rights will not be subject to political vetting" immediately before the full stop.

Public Officer to attend : Secretary for Home Affairs

Promoting family harmony

Hon Starry LEE to move the following motion: (Translation)

That, as social problems such as the rising divorce rate, family tragedies, child abuse and neglect of children, as well as compensated dating and drug abuse among young people still occur from time to time in Hong Kong, reflecting that at present some families lack cohesion and mutual love, this Council urges the Government to make stronger efforts in promoting family-friendly policies and enhancing the resilience of families and individuals against adversities, so as to achieve family harmony and promote social inclusion; the proposed measures include:

(a)	introducing an assessment system regarding the impact of public policies on families to assess the impact of existing social policies, legislation and measures on families, with a view to making relevant improvements;
(b)	providing more support services to dual-income parents, including expanding community childminding services, increasing the childminding places in various districts and providing flexible childminding service hours, etc.; developing after-school remedial centres so that children of dual-income parents can receive appropriate care after school;
(c)	promoting public and private organizations to implement family-friendly employment policies more proactively for creating a family-friendly working environment, including encouraging organizations to provide staff with child care services and implementing flexible working hours, as well as implementing a flexible leave policy which provides special paid leave for employees such as wedding leave, paternity leave, study leave, compassionate leave, etc., when they encounter major family events;
(d)	including all general holidays other than Sundays as paid statutory holidays through a progressive approach of employer-employee negotiation; and promoting 'International Day of Families' to call on the community to cherish the value of family;
(e)	promoting a housing policy which fosters mutual care between the elderly and the young and encouraging the inclusion of residential complementary facilities suitable for both the elderly and the young in the designs of private and public housing; as well as improving community facilities to provide families with more room for parent-child activities;
(f)	actively stepping up publicity on positive family education on parenting, child duties and ethics, as well as promoting family education through community service organizations, schools and the media, etc.;
(g)	allocating more resources for strengthening various promotional activities and research work of the Family Council;
(h)	alleviating the financial burden on families in Hong Kong by offering tax concessions and subsidizing pre-primary education across the board; and
(i)	enhancing social welfare services to provide appropriate support to families in crisis.
Amendments to the motion
(i)	Hon WONG Sing-chi to move the following amendment: (Translation) To delete "as" after "That," and substitute with "given that"; to delete "paternity leave" after "as wedding leave,"; to add "and introducing statutory paternity leave for male employees, so that husbands can enjoy paid leave to help take care of their wives and newborn babies;" after "family events;"; to add "(e) legislating for setting the number of standard working hours at 44 per week and the payment of compensation for overtime work, and assisting Hong Kong people in having an ideal mode of living, with their time evenly distributed among work, rest and leisure activities so as to achieve balanced development in different areas;" after "value of family;"; to delete the original "(e)" and substitute with "(f)"; to add "(g) constructing additional small and large sized public rental housing ('PRH') flats, resuming the Sale of Flats to Sitting Tenants Scheme, allowing eligible white form Home Ownership Scheme ('HOS') household applicants to purchase HOS flats in the secondary market without having to pay the premium, reviewing the allocation and eligibility criteria of PRH to provide affordable and appropriate residential premises to families in need, and encouraging young families to live close to their elderly family members to facilitate their mutual care, strengthen the family support network and promote family harmony and integration;" after "parent-child activities;"; to delete the original "(f)" and substitute with "(h)"; to delete the original "(g)" and substitute with "(i)"; to delete the original "(h)" and substitute with "(j)"; to delete "subsidizing" after "tax concessions and" and substitute with "providing 15-year free education covering"; to delete "across the board; and" after "pre-primary education" and substitute with ";"; to delete the original "(i)" and substitute with "(k)"; and to add "; (l) amending legislation and strengthening support to handle domestic violence, stepping up publicity and training to deepen the understanding and alertness of frontline staff (such as social workers, police officers, as well as education and healthcare personnel, etc.) in relation to the problem of domestic violence, and intervening in a timely manner to help curb domestic violence; (m) setting up a multi-disciplinary mechanism for reviewing family tragedy cases to draw lessons from them, so as to improve the service system and its effectiveness, and assist affected families in restoring a harmonious family life; and (n) strengthening work in family education with a view to reducing marital problems, including incorporating family life education into the secondary education curriculum; providing pre-marital family education services, and strengthening family life education through the media, etc" immediately before the full stop.
(ii)	Dr Hon PAN Pey-chyou to move the following amendment: (Translation) To delete "as" after "That," and substitute with "given that in recent years,"; to add "(c) relaxing the eligibility criteria of the Work Incentive Transport Subsidy Scheme, expeditiously implementing a dual-track approach to allow applicants to calculate their incomes and assets on either a household or individual basis, so as to prevent family harmony from being affected by disputes and ill feeling arising from family members' unwillingness to disclose their asset and income information;" after "care after school;"; to delete the original "(c)" and substitute with "(d)"; to add "at the same time, increasing paid maternity leave and providing a period of postnatal employment protection to strengthen the protection for women against unreasonable dismissal after delivery;" after "family events;"; to delete the original "(d)" and substitute with "(e)"; to delete "including all general holidays other than Sundays as paid statutory holidays through a progressive approach of employer-employee negotiation" before "; and promoting 'International Day of Families'" and substitute with "amending the Employment Ordinance to increase the number of statutory holidays to put them on a par with the 17 days of general holidays and at the same time requiring employers to raise the compensation to employees for working on holidays"; to add "(f) caring about the situation of employees' overtime work and expeditiously legislating for standard working hours to ensure that employees can strike a reasonable balance on their work and family life, so as to foster mutual love among family members;" after "value of family;"; to delete the original "(e)" and substitute with "(g)"; to delete the original "(f)" and substitute with "(h)"; to delete the original "(g)" and substitute with "(i)"; to delete the original "(h)" and substitute with "(j)"; and to delete the original "(i)" and substitute with "(k)".
(iii)	Hon Ronny TONG to move the following amendment: (Translation) To add "economic instability makes people's life more stressful, with the result that" after "That, as"; to delete "and" after "across the board;"; and to add "; (j) flexibly handling applications under the Harmonious Families Priority Scheme to allow more families which are willing to take care of their elderly family members to receive housing allocation expeditiously, so as to achieve the policy objective of enhancing home and community care; and (k) abolishing the requirement for the submission of a 'declaration of not providing support to parents' (commonly known as a 'bad son statement') as a prerequisite for applying for Comprehensive Social Security Assistance for the elderly, so that elderly persons and the family members living with them can be spared the embarrassment of a means test, thus realizing the fundamental principle of harmony in families" immediately before the full stop.
(iv)	Hon LEE Cheuk-yan to move the following amendment: (Translation) To delete "implementing a" after "working hours, as well as" and substitute with "legislating for the introduction of"; to delete "policy which provides" after "flexible leave" and substitute with "so as to provide"; to add "legislating for the implementation of standard working hours and" after "(d)"; and to delete "through a progressive approach of employer-employee negotiation" after "statutory holidays".

Public Officers to attend

Secretary for Home Affairs
Secretary for Labour and Welfare

(Member's motion originally scheduled to be dealt with at the last Council meeting)

Motion for the adjournment of the Council under Rule 16(4) of the Rules of Procedure

Hon CHEUNG Hok-ming to move the following motion: (Translation)

That this Council do now adjourn for the purpose of debating the following issues: the impact of the announcement made by the MTR Corporation Limited to increase its fares by 5.4% under the Fare Adjustment Mechanism ("FAM") on the general public, as well as FAM, fare concession measures and the Government's corresponding arrangements.

Public Officer to attend : Secretary for Transport and Housing

Clerk to the Legislative Council

Legislative Council

Agenda Wednesday 16 May 2012 at 11:00 am

Agenda

Wednesday 16 May 2012 at 11:00 am