A 11/12-35

Legislative Council

Agenda

Wednesday 27 June 2012 at 11:00 am

I. Tabling of Papers

1.No. 97-Report by the Trustee of the Correctional Services Children's Education Trust for the period of 1st September 2010 to 31st August 2011
(to be presented by the Secretary for Security)

2.No. 98-Airport Authority Hong Kong Annual Report 2011/12
(to be presented by the Financial Secretary)

3.No. 99-Securities and Futures Commission Annual Report 2011-12
(to be presented by the Financial Secretary)

4.Report of the Bills Committee on Companies Bill
(to be presented by Hon Paul CHAN, Chairman of the Bills Committee)

5.Report of the Bills Committee on Residential Properties (First-hand Sales) Bill
(to be presented by Hon CHAN Kam-lam, Chairman of the Bills Committee)

6.Report of the Bills Committee on Trade Descriptions (Unfair Trade Practices) (Amendment) Bill 2012
(to be presented by Hon Fred LI, Chairman of the Bills Committee)

7.Report of the Legislative Council Select Committee to Study Mr LEUNG Chun-ying's Involvement as a Member of the Jury in the West Kowloon Reclamation Concept Plan Competition and Related Issues
(to be presented by Hon IP Kwok-him, Chairman of the Select Committee, who will address the Council)

II. Questions

1. Hon Vincent FANG to ask:
(Translation)

The Customs and Excise Department ("C&ED") has recently announced a number of operations which successfully intercepted duty-not-paid cigarettes ("illicit cigarettes"). However, some reports have reflected that the mode of operation, delivery and selling practices in respect of illicit cigarettes have gradually become more organized and systematic, and that students, elderly people and postal service are used for sending illicit cigarettes to buyers. My email account has also repeatedly received emails promoting the sale of illicit cigarettes. In this connection, will the Government inform this Council:
    (a)how the government revenue generated from tobacco duty in the past two financial years and in the first two months of the current financial year compares with that of the corresponding periods in the previous years; of the quantity of duty-paid cigarettes involved; the changes in the mode of operation of the illicit cigarette trade as shown in the cases successfully cracked down by C&ED; the authorities' counter-measures, in addition to the "Telephone Order Task Unit" established by C&ED this year, to tackle organized operation and peddling of illicit cigarettes on the Internet; whether the authorities have publicity measures targeting at students seeking summer jobs to prevent them from being used by illicit cigarette syndicates to sell or deliver illicit cigarettes;

    (b)as the Government offers rewards to persons reporting illicit cigarette activities, of the number of persons who had been rewarded and the quantity of illicit cigarettes seized as a result in the past three years; it has been learnt that the amount of reward is pegged to the quantity of illicit cigarettes seized, but as C&ED has stepped up efforts in combating illicit cigarette activities, traders of illicit cigarettes break down their "goods" into smaller quantities, rendering it impossible for persons making such reports to get any reward because of the small quantity of illicit cigarettes seized by C&ED, whether the authorities have any plan to revise the reward scheme, so as to encourage more people to report illicit cigarette activities; and

    (c)following the series of tobacco control measures launched by the Government, of the number of smokers in Hong Kong in the past three years, the changes in their age distribution, as well as the number of those who sought cessation support through the Government's smoking cessation hotline or the public health system together with their age distribution; given that some tobacco control groups have recently suggested applying the concept of "dedicated-fund-for-dedicated-use" to tobacco duty in that the duty so collected would be used for the purposes of tobacco control and helping smokers give up smoking, whether the authorities will consider this suggestion; if they will, of their plan; if not, the reasons for that, and whether they will consider increasing the funding and support for tobacco control and combating illicit cigarettes?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

It has been reported that on 3 May this year, a man suffering from mental illness suddenly became agitated at home and killed his family members before jumping off a building to his death. Subsequently it was confirmed that the man, who suffered from schizophrenia, had not participated in the Case Management Programme for people with severe mental illness after being discharged from the hospital, and had stopped visiting the clinics in public hospitals for follow-up consultations since September last year. Although hospital staff had contacted him, he refused treatment and tragedy eventually happened. The Hospital Authority ("HA") published in 2010 the Report of the Review Committee on the Management and Follow-up of Mental Patients, which recommended, among other things, a study on whether Hong Kong should follow the practice of the United Kingdom and Australia to legislate on the introduction of Community Treatment Orders ("CTOs"). The CTOs in such countries require people with severe mental illness, but not to the extent of requiring hospitalization, to receive treatment in community and regularly attend follow-up consultations as well as participate in community activities, and those who breach such orders may be subject to mandatory hospitalization. In this connection, will the Government inform this Council:
    (a)given that the Food and Health Bureau ("FHB") has started to study overseas experience and relevant legislation regarding the issue of CTOs since 2010, as well as to explore whether it is suitable to implement CTOs in Hong Kong, but after such a protracted study, FHB has not reached a conclusion yet, of the reasons for that; when it can introduce the relevant bill to this Council for discussion;

    (b)how it prevents the refusal of treatment by people with mental illness and the recurrence of similar tragedies; how it conducts public education to promote public understanding of the needs of the people recovering from mental illness and the proposal to introduce CTOs so that the public will support the proposal; and

    (c)given that it has been reported that in order to save manpower, HA intends to slow down the development of new services (e.g. the expansion of psychiatric outreach services and case manager services for following up psychiatric patients), and among the more than 170 000 people seeking consultation from the psychiatric units of HA at present, 40 000 are severe cases, whether it knows the detailed reasons for HA slowing down the expansion of psychiatric services under such circumstances; how the Government assists HA in expediting the recruitment of psychiatrists and stepping up staff training to meet the urgent need of treating people with mental illness?
Public Officer to reply : Secretary for Food and Health

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

The death of Mr LI Wangyang ("Mr LI"), a democracy activist on the Mainland, caused 25 000 Hong Kong people taking to the street to participate in a march on 10 June this year to demand an investigation by the Central Government into the cause of his death. On 13 June this year, more than 1 500 members of the public participated in the memorial gathering for Mr LI outside the old Legislative Council Building. The Chief Executive ("CE") and the Secretary for Food and Health ("SFH") have also indicated that there are questionable points in the case of Mr LI. Furthermore, after the death of Mr LI, it has been reported that his family members are under continuous surveillance, or have even been put under house arrest. In this connection, will the Government inform this Council:
    (a)whether it knows which mainland authorities had received the views of Hong Kong people on the aforesaid incident relayed to by CE; the channels through which the authorities concerned received the views; whether the viewpoints of CE and SFH that the cause of Mr LI's death is questionable had been included in such views;

    (b)given that the State President will come to Hong Kong to attend the ceremony to celebrate the reunification of Hong Kong on 1 July this year, whether the Government of the current term and that of the new term will relay Hong Kong people's views on the aforesaid incident to the State President; if they will, of the details; if not, the reasons for that; and

    (c)given that it has been reported that quite a number of members of the public are concerned about Mr LI's family members being put under surveillance and house arrest, whether the Government will relay to the Central Government such views of the public and urge the Central Government to set Mr LI's family members free?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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

An environmental group had earlier conducted an investigation into the procedures adopted by the four major chain supermarkets ("supermarkets") in Hong Kong for disposing leftover food ("food waste"), and found that the supermarkets dumped food which was still edible as trash, and deliberately destroyed the food packaging and sprinkled water on the food to prevent scavengers to take away such food. The group estimates that the supermarkets dispose of nearly 90 tonnes of food waste daily and criticizes their wasteful behaviour as unscrupulous, which aggravates the disparity in wealth distribution in society as well as the pressure on waste management in Hong Kong. In this connection, will the Government inform this Council:
    (a)whether it knows the criteria adopted by the supermarkets for determining if the aforesaid procedures for the disposal of food waste are most appropriate; whether the supermarkets have provided any guideline or rule for their staff to set out the procedures for disposing food which is still edible; if so, of the details, and whether deliberately destroying the food packaging and sprinkling water on the food before disposal, etc. are included; whether it will request the supermarkets to make public such guideline or rule;

    (b)given that the group suggests supermarkets to donate food which is still edible to food banks, and recycle those inedible food for use as compost or animal feed, of the policies or measures the authorities have put in place to encourage supermarkets to dispose of food waste by sensible, reasonable and lawful means (including whether they will formulate guideline, code of practice or charter on donation of food which is still edible as well as reduction of food waste by supermarkets); whether they have made reference to the relevant legislation on food donation in overseas places to formulate exemption clauses for food donors (e.g. excluding the liability of the donors in case the beneficiaries feel sick after consuming the food), so as to encourage more organizations to donate food to the people in need; and

    (c)of the measures the authorities have put in place to encourage various sectors in the community (e.g. ordinary families, the commercial and industrial sectors and the construction sector, etc.) to reduce at source food waste and other municipal solid waste they produced, and recover and recycle such waste; given that the public consultation on charging for municipal solid waste ended on 10 April this year, of the current progress, details and specific timetable of the follow-up work?
Public Officer to reply : Secretary for the Environment

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

The European debt crisis has been deteriorating continuously and countries such as Greece, Ireland, Portugal and Spain, etc. need to seek assistance one after another from the European Union or international organizations. Some experts are worried that if the political and economic situation in Europe keeps deteriorating, a domino effect might be triggered off, sending tremendous waves to global finance and economy. Some members of the trade have relayed to me that the European debt crisis will bring about an impact far more serious than that of the outburst of the financial tsunami in 2008, and Hong Kong being a small and highly open economy definitely cannot be spared of the crisis. In this connection, will the Government inform this Council:
    (a)whether the Government has learnt from past financial crises and make preparations, both psychologically and strategically, and expeditiously set up a financial expert team to conduct in-depth studies on various corresponding plans in advance so as to safeguard Hong Kong's financial market which is prone to attack from international speculators in a situation of fear and instability; if it has, of the details; if not, the reasons for that;

    (b)whether it has assessed if the European debt crisis will create a more serious impact on Hong Kong than the financial tsunami in 2008; if it has, of a specific account of the possible impact on Hong Kong's financial market, commercial and industrial sectors, real estate sector, employment, inflation, fiscal reserve and exchange rates, etc.; if not, the reasons for that; and

    (c)whether it has discussed with the Central Government any corresponding plan, and whether it anticipates that the State will immediately roll out some measures to support Hong Kong's economy in case Hong Kong suffers a serious economic impact; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

6. Dr Hon PAN Pey-chyou to ask:
(Translation)

I have received a complaint from the Hong Kong Professional Pharmaceutical Employees Association ("HKPPEA") that the Hospital Authority ("HA") has, since 2003, made applications to the Department of Health on its own volition for some dispensers to be appointed as "approved persons", without informing such dispensers nor obtaining their consent or authorization, and asked them to undertake and perform the duties of pharmacists in-charge, which should be performed by registered pharmacists. HKPPEA has pointed out that those dispensers who hold the status of "approved persons" are not registered pharmacists and HKPPEA is worried that drug safety may be affected. In this connection, will the Government inform this Council if it knows:
    (a)the numbers of additional pharmacists and dispensers employed by HA in each of the past nine year to cope with the manpower needs of its dispensaries and the average waiting time for patients of the general out-patient clinics and specialist out-patient clinics of the various clusters of HA to collect medicine; whether HA had ever withheld the recruitment of pharmacists because there was a sufficient number of dispensers holding the status of "approved persons" since HA has assigned such dispensers to perform the duties of pharmacists in-charge in 2003; whether HA had consulted the dispensers and their staff associations before implementing the "approved persons" system in 2003; whether the system had been reviewed and enhanced in the past nine years; if not, the reasons for that;

    (b)whether HA had informed the dispensers concerned in advance before making applications for them to be appointed as "approved persons"; whether it had given copies of the appointment and other related letters to such dispensers for their retention after application; how such appointments and recognition of qualifications are of use to the experience and qualifications of the dispensers; whether HA had, at the time of making applications for appointment of these dispensers, provided them with additional training and opportunities for further studies, and improved their remuneration packages to enable them to cope with the additional workload and duties; and

    (c)given that the employees in the trade and members of the public have strong reservations about assigning dispensers who have been appointed as "approved persons" to perform the duties of registered pharmacists, whether HA will immediately put the system on hold (including immediately re-assigning registered pharmacists who meet the qualification requirements to take up the posts of pharmacist in-charge currently taken up by "approved persons") and expeditiously employ additional staff for both grades so as to ease the pressure of the workload in the dispensaries and to shorten the waiting time for patients to collect medicine; whether HA will also review the duties, scope of work and promotion ladder of the different grades of staff in the dispensaries so as to enhance the procedures and efficiency in dispensing medicine in the dispensaries under HA and reduce medicine incidents?
Public Officer to reply : Secretary for Food and Health

*7. Hon WONG Kwok-kin to ask:
(Translation)

It has been reported that an environmental group conducted an investigation into the problem of supermarkets trashing food, and the findings have revealed that major chain supermarkets in Hong Kong dispose of nearly 90 tonnes of food per day, and some supermarkets even purposely made the trashed food inedible to discourage scavengers from picking food from the throwaways. In this connection, will the Government inform this Council:
    (a)of the latest construction progress of the two organic waste treatment facilities in Siu Ho Wan of North Lantau and in Shaling of the North District; whether they can be commissioned in 2016-2017 as scheduled; of the latest details of the Government's plan to construct other food waste treatment facilities;

    (b)of the effectiveness of the Food Waste Recycling Partnership Scheme since its introduction; the number of participating organizations so far; the amount of food waste successfully processed; whether the authorities will plan to expand the Scheme to allow participation of other organizations or units; and

    (c)whether the authorities will consider introducing measures (e.g. banning food waste in landfill or recovering the costs for processing food scraps and food waste) to encourage shops and eateries to donate edible leftover or food waste to the food banks, with a view to helping the grassroots in need; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

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

Regarding the environmentally friendly linkage system ("EFLS") in the Energizing Kowloon East initiative, will the Government inform this Council:
    (a)given that apart from the proposed monorail, the authorities have included other environmentally friendly modes of transport in their scope of studies, of the details of these modes of transport in terms of costs, transport efficiency, operating and maintenance expenses, economic internal rate of return, future development flexibility and accessibility to the various districts within Kowloon East;

    (b)given that the relevant feasibility study does not recommend the extension of EFLS to some old developed districts in Kowloon East, including To Kwa Wan, Kowloon City and San Po Kong, and one of the reasons is that while the anticipated patronage for the said branch extensions is relatively low, the additional construction costs incurred will be very high, whether the authorities, having regard to this problem, have studied other environmentally friendly modes of transport which may be available for use by the residents of these old districts and are also economically efficient; if so, of the details; if not, the reasons for that;

    (c)whether it knows which other places have monorail systems, and how these monorail systems compare with one another in terms of costs, efficiency, operating and maintenance expenses, economic internal rate of return and development flexibility; and

    (d)of the estimated annual operating and maintenance expenses of the proposed monorail system?
Public Officer to reply : Secretary for Development

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

I have received complaints respectively from parents, members of women's groups, kindergarten teachers and Unit Guiders pointing out that the Hong Kong Girl Guides Association ("the Association"), a statutory body under the presidency of the wife of the Chief Executive, appointed a staff member with only secondary education to act as the Executive Director ("ED") of the Association after the former ED vacated office in early October 2010, thus breaching the basic academic qualification requirements for heads of statutory bodies in general. In addition, the Association pointed out mistakenly through the media on 16 September 2010 that the sale of raffle tickets ("tickets") had been conducted for more than 20 years and the percentage of refund to its units had never been in the region of 50%, but the authorities stated in its reply to my question on 27 October 2010 that "Starting from the sale of the 1 001st ticket (priced at $2 each), a maximum of $1 was refunded to the units per ticket". The two statements are obviously contradictory. The aforesaid complaints even pointed out that in recent years the Association held its annual general meetings ("AGMs") by hosting banquets with tens of tables, each priced at $7,000 to $9,000, hence giving an impression of prodigality. In this connection, will the Government inform this Council:
    (a)of the amount of recurrent subvention allocated to the Association in the current financial year;

    (b)whether the remuneration of the incumbent ED of the Association is paid from the recurrent subvention allocated to the Association by the Government; if so, of the monthly remuneration of the incumbent ED; if not, whether it knows who pays for the remuneration of the incumbent ED;

    (c)whether it knows if the incumbent ED of the Association is a university graduate; if she is, the university from which she graduated and the year of graduation; if not; whether the basic academic qualification requirements for heads of statutory bodies in general have been breached;

    (d)whether the Government at present monitors strictly how the Association uses the recurrent subvention; if so, who is responsible for monitoring; if not, whether monitoring is impossible after the recurrent subvention has been allocated to the Association from public coffers;

    (e)whether it knows if the Association will make a public apology for pointing out mistakenly that the percentage of raffle refund to its units had never been in the region of 50%, if the Association will do so, when it will apologize; if not, the reasons for that;

    (f)whether it knows if the Association will revert to the practice in 1992 or before by increasing the percentage of raffle refund to 50% starting from the sale of the 1 001st ticket; if the Association will do so, when the relevant arrangement will be made; if not, the reasons for that;

    (g)whether the legislation at present allows charitable bodies to host extravagant banquets for their AGMs; if so, of the relevant legislation; whether it has assessed if the Association should use the money spent on banquets in the past on the development of the units of the Girl Guides instead;

    (h)whether it knows if the President of the Association has consented to holding AGM of the Association at the Hong Kong Convention and Exhibition Centre ("HKCEC");

    (i)given that the Association is able to host banquets with tens of tables at HKCEC, whether the Government should immediately reduce the recurrent subvention to the Association so as to use public funds effectively; if it will reduce the subvention, when it will do so; if not, of the reasons for that;

    (j)whether the Government will ask the Director of Audit to review the necessity for the Association, which is funded by the Government, to hold AGM by hosting a banquet with tens of tables at HKCEC; if it will, when it will do so; if not, of the reasons for that; and

    (k)whether the Government will appoint civil servants as ex-officio members of the Association to monitor the operation of the Association; if it will, who will be appointed; if not, of the reasons for that?
Public Officer to reply : Secretary for Home Affairs

*10. Hon CHAN Hak-kan to ask:
(Translation)

Some pet owners have continuously relayed to me that veterinary surgeons practising in Hong Kong vary in standard, and there have been cases of malpractice resulting in death of animals. They have also indicated that even though the Veterinary Surgeons Board of Hong Kong ("the Board") handles complaints involving veterinary surgeons, the relevant process is time-consuming and the number of prosecutions instituted has been on the low side, and they request for improvement in this respect. In this connection, will the Government inform this Council:
    (a)whether it knows the number of veterinary surgeons practising in Hong Kong at present, together with the distribution of the places where they obtained their professional qualifications; the number of veterinary surgeons under complaint in the past five years;

    (b)whether it knows the total number of complaints involving veterinary surgeons received by the Board in the past five years, together with the number of such cases involving death of animals;

    (c)whether it knows among the complaint cases in (b), of the respective numbers of cases referred to the Preliminary Investigation Committee and the Inquiry Committee for further follow-up actions; the number of such complaint cases substantiated and the penalties imposed on the veterinary surgeons involved;

    (d)whether it knows the average time required to handle a complaint case in the past five years; whether new measures will be put in place or additional manpower will be provided to shorten the handling time; and

    (e)whether it will consider increasing the number of members of the Board, particularly members of the public who are not engaged in veterinary practices and representatives of animal welfare groups, with a view to enhancing the representativeness and diversity of the Board's composition; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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

Owing to high oil prices, and the fact that some buses providing transport service for students ("school buses") have shifted to provide service for the tourism industry, the supply of school buses has fallen short of the demand. According to a questionnaire survey conducted among more than 200 primary and secondary schools, around 14% of the responding schools had invited a number of companies to bid for school bus service contracts, but they were in a predicament of "receiving zero bid". Among the schools which did receive bids for school bus service contracts, almost half of them indicated that the quotations for school bus fares had increased drastically by an average of 11.4%, and had even doubled in some individual cases, which will impose a heavy burden on parents. In this connection, will the Government inform this Council:
    (a)whether it will, before the commencement of the 2012-2013 school year, provide assistance to the schools which received "zero bid," so as to avoid students going to schools by themselves; if it will, of the details; if not, the reasons for that;

    (b)whether it will consider putting school bus fares under the Student Travel Subsidy Scheme, so as to alleviate the burden on parents; if it will, of the details; if not, the reasons for that;

    (c)in order to attract more operators to provide school bus service, whether the Government will consider encouraging other subsectors of transport services (such as tour service, hotel service, employees' service, international passenger service, and residents' service, etc.) to provide school bus service; and at the same time allow school bus service operators to run other bus services (including residents' service) under the premise that they ensure the provision of school bus service; in addition, whether the Government will introduce greater flexibility to the current endorsement system, so as to allow operators of other bus services to use their free time to run school bus service as well;

    (d)whether it will reconsider conducting a review of the regulatory framework and licensing system for non-franchised buses; and

    (e)whether it will establish a mechanism to strengthen its regulation of the supply and the fare level of school buses?
Public Officer to reply : Secretary for Transport and Housing

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

Some members of the public have written to me to express dissatisfaction with the sales arrangement for a private residential project, namely "Heya Green" ("HG"), developed by the Hong Kong Housing Society ("HS"). They have pointed out that as the materials used for the flats of HG ("HG flats") are of high quality and their selling prices are reasonable, the market has reacted enthusiastically with over a thousand potential purchasers queuing overnight for viewing the show flats. They have also pointed out that while the project is already extremely attractive, HS still offers estate agents a commission of 2% to 2.5% for every successful sales transaction, which may indirectly push up the selling prices and the practice is unreasonable. They opined that HS should benefit the purchasers who are members of the public, not the estate agents. In this connection, will the Government inform this Council:
    (a)given that members of the public have proposed that HS should return the full amount of commission to the purchasers who are members of the public (by deducting from the selling prices of HG flats the equivalent amount of the commission), or use this amount of money to subsidize other development projects of HS, whether the authorities have assessed the feasibility of these proposals; if they have, of the results; if they cannot implement these proposals, the reasons for that; and the details of the measures adopted by the authorities in response to these aspirations;

    (b)whether it knows the total amount of the aforesaid commission payable by HS; of the land premium concessions provided to HS by the Government in respect of HG as well as the respective land premium concessions provided by the Government to the residential projects of HS in the past five years; and

    (c)whether the authorities have the power to monitor the arrangements for appointing estate agents by HS and paying them commission; if yes, of the specific details; if not, the reasons for that, and whether they will consider monitoring such arrangements?
Public Officer to reply : Secretary for Transport and Housing

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

Some members of the public have recently relayed to me that when the authorities conducted acceptance tests for some footbridges, they found that some of the footbridge components had failed the tests and, as a result, the completion of these footbridges was delayed. In this connection, will the Government inform this Council:
    (a)of the number of projects with the aforesaid situation in each of the past three years; of the names and locations of these projects, as well as the numbers of days for which the completion dates of the projects had been deferred; and

    (b)whether the Government will take measures, including the imposition of heavier penalty on contractors in respect of projects that fail the acceptance tests, so as to avoid the recurrence of the aforesaid situation; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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

Some members of the public have earlier relayed to me that quite a number of games machines with gambling games are installed in amusement game centres ("AGCs") for persons who have attained the age of 16 years. It has even been reported recently that the "gambling culture" has spread to family entertainment centres ("FECs") (commonly known as "children's paradise") in various districts in Hong Kong, since roulettes and slot machines installed in many FECs have attracted quite a number of primary and secondary students to stay there for "gambling" after school. The reports have even pointed out that some FECs have "conversion" mechanism in place under which bonus points won in games may be converted not only into prizes but also into cash, which is similar to the situation in casinos. In this connection, will the Government inform this Council:
    (a)of the respective criteria adopted by the Government at present in vetting and approving applications for AGC licences and FEC licences; whether on-site inspections are conducted in vetting and approving these applications; if so, of the details; if not, the reasons for that;

    (b)whether the Police or authorized officers from government departments carry out annual inspections of FECs in various districts; if they do, of the number of such inspections;

    (c)whether the Police or the government departments concerned had received complaints against AGCs and FECs in the past three years; if they had, of a breakdown by type of complaints and district;

    (d)given that under the existing requirements, the licensing authority will not give approval to the installation or placing of roulettes or slot machines in premises issued with Amusements with Prizes Licences, whether the Police or the government departments concerned had instituted prosecutions in the aforesaid cases in the past three years; if they had, of the numbers of such prosecutions in various districts;

    (e)given that under the existing legislation, no bet shall be wagered or paid at FECs but the aforesaid reports have pointed out that in some FECs, bonus points may be converted into cash, whether the Police or the government departments concerned have received any complaint in this regard; if they have, of the number of such complaints and the penalties;

    (f)whether AGCs and FECs may provide prizes in the form of cash coupons issued by supermarkets; if they may, whether the Government has considered reviewing the relevant legislation; and

    (g)whether it knows the number of local institutions conducting counselling service on adolescent gambling and the types of service they provide; of the annual number of cases in which counselling had been provided by these institutions on adolescent gambling in the past three years?
Public Officer to reply : Secretary for Home Affairs

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

According to the Offences Against the Person Ordinance (Cap. 212), if any person over the age of 16 years who has the custody, charge or care of any child or young person under that age wilfully assaults, ill-treats, neglects, abandons or exposes such child or young person in a manner likely to cause such child or young person unnecessary suffering or injury to his health, such person shall be guilty of an offence. However, the Neighbourhood Support Child Care Project only provides care services for children aged under six, and the quota for after school child care service ("child care service") provided by some schools for children aged between six and 12 is limited. In this connection, will the Government inform this Council:
    (a)during school holidays and when parents are unable to take care of their young children aged between six and 12 temporarily due to various reasons, of the services provided or subsidized by the Government to provide support to the grassroots parents concerned, together with a list of the short-term care services available at present for children aged between six and 12, the government departments/organizations responsible, as well as the quotas and service hours of such services in various districts;

    (b)whether the authorities have assessed the demand for child care services for primary school students in various districts; if they have, of the assessment results; if not, how the authorities plan the service quotas according to the demands in respective districts; and

    (c)whether the authorities have reviewed if the service hours and locations of child care services provided in various districts at present can cater for the working hours of most parents; given that some women's groups have proposed that the Government should allocate funds to subsidize schools to cooperate with social service organizations in the provision of child care services at school so as to support grassroots families, whether the authorities will consider the proposal; if they will, of the timetable for implementation; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

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

Some members of religious groups have relayed to me that the Government lacks support for the religious groups in Hong Kong for a long time and has not formulated any appropriate support policy to facilitate diversified development of different religions in Hong Kong. They have also pointed out that owing to insufficient ancillary facilities, some religious groups often find it difficult to organize more religious activities of different types. In this connection, will the Government inform this Council:
    (a)whether it knows the number of different religious groups in Hong Kong in the past five years, and set out in table form the names of such groups, the number of believers, and the geographic distribution of their self-owned permanent sites and various religious facilities;

    (b)of the respective government expenditure in support of various different religious groups in the past five years, and set out in table form the names of the religious groups receiving such support, and the amount and purposes of the funding support;

    (c)whether it will consider reviewing the number of days of general holidays involving various religions, including providing additional general holidays for other religions (e.g. Confucianism, Taoism and Islam); if it will, of the details; if not, the reasons for that;

    (d)whether it will, without affecting the total number of days of general holidays, consider setting individual religious days for other religions (e.g. Confucian Day, Taoist Day and Islamic Day); if it will, of the details; if not, the reasons for that;

    (e)whether any religious group had applied to the Government in the past five years for hiring vacant government properties (e.g. vacant school premises or government quarters) to hold any form of religious activities; if so, of the details; if not, the reasons for that;

    (f)whether any religious group had applied to the Government in the past five years for changing the use of vacant government properties (e.g. vacant school premises or government quarters) to provide more ancillary facilities for religious activities; if so, of the details; if not, the reasons for that;

    (g)whether it will offer interest-free loans to religious groups to help them acquire permanent sites and religious facilities; if it will, of the details; if not, the reasons for that;

    (h)whether it had consulted different religious groups in the past five years to understand the actual difficulties faced by them in their development and their views on the Government's provision of support measures; if it had, of the details; if not, the reasons for that; and

    (i)whether it will conduct a comprehensive review of the support policy for religious groups and provide different religious groups with different forms of support; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

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

As disclosed by some veterans of the aviation industry, in the past, airlines would intentionally offer super-VIP treatment such as luxurious suites and upgrade of air tickets to Secretaries of Department ("SoDs") and Directors of Bureau ("DoBs"), including officials in charge of tourism and aviation policies, on their overseas duty visits. In this connection, will the Government inform this Council:
    (a)what mechanism is in place and which policy bureau or government department is tasked to record and assess the appropriateness of the aforesaid air ticket upgrades, hotel accommodation and other super-VIP treatment offered by airlines;

    (b)of the number of cases since the reunification in which SoDs and DoBs had accepted the upgrade of air tickets or hotel accommodation (including luxurious suites) offered by airlines, together with the specific details;

    (c)whether it knows which airlines among the registered airlines in Hong Kong have frequently offered upgrade of air tickets and hotel accommodation to government officials; and

    (d)whether it has reviewed if the aforesaid upgrades and treatment (especially the concessions and treatment suspected to be offered to officials in charge of aviation policies) will lead to partiality on the part of the SAR Government in the scrutiny and formulation of aviation-related policies and in the execution of the relevant measures, or will arouse similar suspicion among members of the community; if it has, of the outcome of the review; if not, whether it will immediately conduct such a review?
Public Officer to reply : Secretary for Transport and Housing

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

I have received complaints from a member of the public who pointed out that when he was crossing the boundary in his vehicle via Huanggang Control Point, he found that except for the drivers of vehicles with licence plates prefixed with "ZG" ("the relevant vehicles"), all other drivers crossing the boundary were required to undergo breath tests ("tests"). That member of the public had asked the law enforcement officers of Hong Kong at the control point ("law enforcement officers") why the drivers of the relevant vehicles were not required to take tests. According to those law enforcement officers, as the relevant vehicles belong to the People's Liberation Army Hong Kong Garrison, they worried that if they conducted tests on the drivers, they might face "political pressure". In this connection, will the Government inform this Council:
    (a)of the number of the relevant vehicles travelling between Guangdong and Hong Kong in each of the past 10 years, together with a breakdown by year, travelling direction (from Hong Kong to the Mainland and from the Mainland to Hong Kong) and control point;

    (b)whether it knows the respective numbers of the various driving offences committed by the drivers of the relevant vehicles in Hong Kong and on the Mainland in each of the past 10 years, together with a breakdown by year, territory (Hong Kong and the Mainland) and offence;

    (c)whether it has at present issued guidelines to the law enforcement officers, stating the need to conduct tests on all drivers (including those driving the relevant vehicles), or stating that exemption may be granted to the drivers of the relevant vehicles; if it has, of the details, and whether the guidelines are for internal reference only; if not, the reasons for conducting tests on drivers of all vehicles, except those drivers of the relevant vehicles, at control points;

    (d)whether it knows the details of the aforesaid "political pressure"; whether it has assessed if the law enforcement officers, in handling the relevant vehicles or vehicles issued with Guangdong and Hong Kong licence plates in the course of their duties, are unable to perform their duties and carry out enforcement actions in a normal manner in the face of "political pressure"; if it has, of the details; whether the Government has received complaints lodged by the law enforcement officers, pointing out that they had faced "political pressure" or had been treated impolitely in performing their duties; if it has, of the number and details of such cases in each of the past 10 years, as well as the respective follow-up action taken by the Government, and set out the information by year and control point; whether the Government has reflected the situation to the relevant mainland authorities; if it has, of the details; if not, the reasons for that; and

    (e)of the measures taken by the Government in each of the past 10 years to assist those law enforcement officers who were unable to perform their duties in a normal manner in the face of "political pressure" or impolite treatment; whether it has reviewed the effectiveness of such measures; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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

The voter turnout rate of last year's District Council ("DC") Election was 41.49%, which was slightly higher than the 38.83% in 2007. Early this year, I commissioned academics to conduct a survey in the social work sector, and the preliminary results revealed that nearly 30% of the registered social workers ("RSWs") did not vote at last year's DC Election, yet 90% of RSWs indicated that they would vote at the Legislative Council ("LegCo") Election in September this year. In addition, it has been reported that the number of people attending this year's 4 June vigil reached a record high of over 180 000, while the number of people attending each of the vigils held in the past few years also exceeded 150 000, and quite a number of them were youngsters. In this connection, will the Government inform this Council:
    (a)given that the aforesaid survey has reflected that the desire for voting of RSWs at DC Elections is lower than that at LegCo Elections, and the overall voter turnout rates of the past two LegCo Elections were higher than those of DC Elections, how the authorities will promote active voting at DC Elections among members of the public;

    (b)whether the Constitutional and Mainland Affairs Bureau will propose to the Central Authorities to adopt a lower nomination threshold for implementing universal suffrage for the Chief Executive Election in 2017; if it will, of the details; if not, the reasons for that; and

    (c)whether the Government will propose to set up in Hong Kong a museum of the defense against the Japanese invasion, a museum of the establishment of New China, a museum of the Cultural Revolution and/or a museum of the 4 June incident with local characteristics, so as to enhance the understanding of members of public of the major historical events of our country and to foster sentiments to care about our country's development; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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

The footpath outside the entrance of the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region ("LOCPG") was originally nine metres in width, but on the ground of beautifying the road section concerned, the Government constructed a planter there in 2002, leaving the footpath with a width of three metres only. Some participants of processions have relayed to me that the large planter outside LOCPG has greatly narrowed the footpath and obstructed their demonstration activities. The Chairman of Independent Police Complaints Council ("IPCC") indicated recently at a radio interview that removal of the planter outside LOCPG would facilitate processions, demonstration activities, and even enforcement actions of the Police. In this connection, will the Government inform this Council:
    (a)given that the Chairman of IPCC indicated that removal of the planter would facilitate processions, demonstration activities, and even enforcement actions of the Police, whether the authorities will consider taking on board the views of the IPCC Chairman by removing the planter outside LOCPG; if they will not, of the reasons; whether the authorities need to consult LOCPG before removing the planter;

    (b)given that some participants of processions have complained that demonstrators at the back cannot move forward whenever a large number of people gather outside LOCPG, and the authorities have indicated that they will not close more traffic lanes for participants of processions and demonstrations due to the limited space at that location, whether the authorities have other contingency measures in place to facilitate participants of processions going near the main entrance of LOCPG without obstructing the traffic of Connaught Road West outside the main entrance of LOCPG; if so, of the detailed measures; if not, the reasons for that;

    (c)besides removing the planter and putting in place other contingency measures to enlarge the demonstration area outside LOCPG ("demonstration area"), whether the authorities will suggest LOCPG to move away from the Central and Western District and set up its office in a district with more public space;

    (d)whether the large planter was constructed by the authorities at the request of LOCPG; whether they have assessed if the large planter keeps demonstrators far away from the demonstration area, resulting in suppression of the public's freedom of expression; and

    (e)given that some participants of processions have pointed out that the conflicts between the Police and participants of processions have become more serious recently, and that the Police have adopted a more stringent approach to handle demonstrations, whether the authorities will consider giving the public a clear account on the strategies and arrangements adopted by law enforcement officers in handling public gatherings, demonstrations and processions, etc., so as to address the concerns of the public; if they will not, of the reasons for that?
Public Officer to reply : Secretary for Security

* For written reply

III. Bills

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

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


1.Personal Data (Privacy) (Amendment) Bill 2011Secretary for Constitutional and Mainland Affairs

(i)Secretary for Constitutional and Mainland Affairs to move Committee stage amendments

(The amendments were issued on 30 May 2012
under LC Paper No. CB(3)838/11-12)

(ii)Hon James TO to move Committee stage amendments

(The amendments were issued on 1 June 2012
under LC Paper No. CB(3)850/11-12)

(Bill scheduled to be dealt with at this Council meeting)

2.Residential Properties (First-hand Sales) BillSecretary for Transport and Housing

(i)Secretary for Transport and Housing to move Committee stage amendments

(The amendments were issued on 19 June 2012
under LC Paper No. CB(3)946/11-12)

(ii)Hon LEE Wing-tat and Hon LEE Cheuk-yan to move Committee stage amendments

(The amendments were issued on 21 and 22 June 2012 under
LC Paper Nos. CB(3)955/11-12 and CB(3)965/11-12)

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

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

Secretary for Security

(Bill scheduled to be dealt with at this Council meeting)

4.Companies BillSecretary for Financial Services and the Treasury

(i)Hon Paul CHAN and Hon Starry LEE to move Committee stage amendments

(The amendments were issued on 19 June 2012
under LC Paper No. CB(3)938/11-12)

(ii)Secretary for Financial Services and the Treasury to move Committee stage amendments

(The amendments were issued on 25 June 2012
under LC Paper No. CB(3)974/11-12)

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

5.Legal Practitioners (Amendment) Bill 2010The Secretary for Justice

The Secretary for Justice to move Committee stage amendments
(The amendments were issued on 6 June 2012
under LC Paper No. CB(3)874/11-12)

6.Immigration (Amendment) Bill 2011Secretary for Security

(i)Secretary for Security to move Committee stage amendments

(The amendments were issued on 5 June 2012
under LC Paper No. CB(3)869/11-12)

(ii)Dr Hon Margaret NG to move a Committee stage amendment

(The amendment was issued on 11 June 2012
under LC Paper No. CB(3)902/11-12)

7.Buildings Legislation (Amendment) Bill 2011Secretary for Development

Secretary for Development to move Committee stage amendments

(The amendments were issued on 6 June 2012
under LC Paper No. CB(3)875/11-12)

(Bill scheduled to be dealt with at this Council meeting)

8.Trade Descriptions (Unfair Trade Practices) (Amendment) Bill 2012Secretary for Commerce and Economic Development

(i)Secretary for Commerce and Economic Development to move Committee stage amendments

(The amendments were issued on 19 June 2012
under LC Paper No. CB(3)939/11-12)

(ii)Hon Vincent FANG to move Committee stage amendments

(The amendments were issued on 21 June 2012
under LC Paper No. CB(3)954/11-12)

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

9.Statute Law (Miscellaneous Provisions) Bill 2012The Secretary for Justice

The Secretary for Justice to move Committee stage amendments

(The amendments were issued on 5 June 2012
under LC Paper No. CB(3)873/11-12)

IV. Motions

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

1.Proposed resolution under Article 73(7) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and section 7A of the Hong Kong Court of Final Appeal Ordinance (Cap. 484)

The Chief Secretary for Administration to move the following motion:

Resolved
that the following appointments be endorsed -

(a)the appointment of the Honourable Mr. Justice Robert Tang Ching as a permanent judge of the Hong Kong Court of Final Appeal pursuant to section 7 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) (the Ordinance);

(b)the appointment of the Honourable Mr. Justice Syed Kemal Shah Bokhary as a non-permanent Hong Kong judge of the Hong Kong Court of Final Appeal pursuant to section 8 of the Ordinance; and

(c)the appointment of the Right Honourable The Lord Phillips of Worth Matravers as a judge of the Hong Kong Court of Final Appeal from another common law jurisdiction pursuant to section 9 of the Ordinance.

2.Proposed resolution under section 54A of the Interpretation and General Clauses Ordinance

Secretary for Constitutional and Mainland Affairs to move the motion in Appendix I.


(The motion was also issued on 10 May 2012
under LC Paper No. CB(3)735/11-12)

(i)Hon Albert CHAN and Hon Albert HO to move amendments to the proposed resolution.

(The amendments were issued on 19 June 2012
under LC Paper No. CB(3)935/11-12)

(ii)The Chief Secretary for Administration to move amendments to the proposed resolution.

(The amendments were issued on 19 June 2012
under LC Paper No. CB(3)944/11-12)

3.Proposed resolution under the Legal Aid Ordinance

Secretary for Home Affairs to move the motion in Appendix IA.


(The motion was also issued on 20 April 2012
under LC Paper No. CB(3) 662/11-12)

4.Proposed resolution under the Eastern Harbour Crossing Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Transport and Housing to move the motion in Appendix II.


(The motion was also issued on 21 May 2012
under LC Paper No. CB(3)782/11-12)

5.Proposed resolution under the Tate's Cairn Tunnel Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Transport and Housing to move the motion in Appendix III.


(The motion was also issued on 21 May 2012
under LC Paper No. CB(3)782/11-12)

6.Proposed resolution under the Western Harbour Crossing Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Transport and Housing to move the motion in Appendix IV.


(The motion was also issued on 21 May 2012
under LC Paper No. CB(3)782/11-12)

7.Proposed resolution under the Tai Lam Tunnel and Yuen Long Approach Road Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Transport and Housing to move the motion in Appendix V.


(The motion was also issued on 21 May 2012
under LC Paper No. CB(3)782/11-12)

8.Proposed resolution under the Mandatory Provident Fund Schemes Ordinance

Secretary for Financial Services and the Treasury to move the following motion:

Resolved
that the Mandatory Provident Fund Schemes (General) (Amendment) Regulation 2012, made by the Chief Executive in Council on 8 May 2012, be approved.

(The Amendment Regulation is in Appendix VI
and was also issued on 10 May 2012
under LC Paper No. CB(3) 742/11-12)

9.Proposed resolution under the Pharmacy and Poisons Ordinance

Secretary for Food and Health to move the following motion:

Resolved
that the following Regulations, made by the Pharmacy and Poisons Board on 22 May 2012, be approved -

(a)the Pharmacy and Poisons (Amendment) (No. 2) Regulation 2012; and

(b)the Poisons List (Amendment) (No. 2) Regulation 2012.

(The two Amendment Regulations are in Appendices VII and VIII
and were also issued on 24 May 2012
under LC Paper No. CB(3)805/11-12)

10.Proposed resolution under the Employees' Compensation Ordinance

Secretary for Labour and Welfare to move the motion in Appendix IX.


(The motion was also issued on 28 May 2012
under LC Paper No. CB(3)822/11-12)

11.Proposed resolution under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance

Secretary for Labour and Welfare to move the motion in Appendix X.


(The motion was also issued on 28 May 2012
under LC Paper No. CB(3)822/11-12)

12.Proposed resolution under the Occupational Deafness (Compensation) Ordinance

Secretary for Labour and Welfare to move the motion in Appendix XI.


(The motion was also issued on 28 May 2012
under LC Paper No. CB(3)822/11-12)

13.Proposed resolution under the Buildings Ordinance

Secretary for Development to move the motion in Appendix XII.


(The motion was also issued on 25 May 2012
under LC Paper No. CB(3)812/11-12)

14.Proposed resolution under the Disability Discrimination Ordinance

Secretary for Labour and Welfare to move the following motion:

Resolved
that the Disability Discrimination Ordinance (Amendment of Schedule 5) Notice 2012, made by the Chief Executive in Council on 8 May 2012, be approved.

(The Notice is in Appendix XIII
and was also issued on 10 May 2012
under LC Paper No. CB(3)743/11-12)

15.Proposed resolution under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance

Secretary for Labour and Welfare to move the motion in Appendix XIV.


(The motion was also issued on 31 May 2012
under LC Paper No. CB(3)847/11-12)

16.Proposed resolution under the Construction Industry Council Ordinance

Secretary for Development to move the motion in Appendix XV.


(The motion was also issued on 31 May 2012
under LC Paper No. CB(3)846/11-12)

17.Proposed resolution under the Import and Export Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Commerce and Economic Development to move the motion in Appendix XVI.


(The motion was also issued on 26 June 2012
under LC Paper No. CB(3)980/11-12)

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 NumberTitle 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 2012Hon Paul CHAN

Public Officer to attendSecretary for Financial Services and the Treasury

VII. Members' Motions

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

1.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


2.Proposed resolution under Article 75 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

Hon TAM Yiu-chung to move the following motion:


Resolved that the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region be amended as set out in the Schedule on the day when the 2012-2013 session of the Council begins.

Schedule

Amendments to Rules of Procedure of the Legislative Council
of the Hong Kong Special Administrative Region


1.Rule 23 amended (question time)
(1)Rule 23(2) –
Repeal
"20"
Substitute
"23".
(2)Rule 23(3) –
Repeal
"6"
Substitute
"7".

3.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.

4.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


5.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


6.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

7.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

8.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

9.Building an inclusive society for all

Hon LEUNG Yiu-chung to move the following motion:
(Translation)

That, although the United Nations Convention on the Rights of Persons with Disabilities ('the Convention') came into force in Hong Kong on 31 August 2008, and the Administration submitted the Initial Report of the Hong Kong Special Administrative Region under the Convention ('the Report') to the United Nations in early 2010, the contents of the Report lack guiding policies on building an inclusive society, and only focus on addressing the needs of persons with disabilities arising from their physical disabilities, instead of assisting persons with disabilities in integrating into society from social and environmental perspectives, this Council expresses its strong dissatisfaction and deep regret in this regard; in this connection, in order to fulfill the obligations under the Convention, this Council urges the Government to implement the following policies and measures:

(a)to expeditiously implement the public transport concessions scheme for the elderly and persons with disabilities ('the scheme') to assist them in integrating into society;

(b)to expand the coverage of the scheme to all holders of the Registration Card for People with Disabilities, and consider providing transport fare concessions to the escorts of persons with disabilities;

(c)to add clauses to the franchise agreements of franchised public transport operators, requiring the offer of fare concessions to the elderly and persons with disabilities as well as the provision of barrier-free ancillary facilities;

(d)to allocate additional resources for increasing the number of barrier-free transportation modes, such as Rehabus and Easy-Access Bus, so as to provide more 'point-to-point' services for persons with disabilities;

(e)to implement the concept of barrier-free access, expeditiously complete the top 10 ranked proposals on the Provision of Hillside Escalator Links and Elevator Systems, and immediately commence feasibility studies on the remaining proposals;

(f)to set up a quota system for employing people with disabilities and provide tax concessions, so as to encourage employers to employ more persons with disabilities;

(g)to provide persons with disabilities with a wage subsidy of no more than 50% of their wages, so that employees with disabilities whose productivity is assessed to be less than 100% may receive wages close to the statutory minimum wage level; and provide an allowance to carers of chronic patients;

(h)to encourage people from the various social sectors to learn sign language, and promote and teach sign language in primary and secondary schools; and expeditiously motivate healthcare personnel to learn sign language to enhance their communications with patients with hearing impairment, so as to enable them to grasp the conditions of patients with hearing impairment and help treating their diseases;

(i)to promote the popularization of sign language, require the provision of sign language interpretation in television news broadcasts and foster a culture of respecting the use of sign language, so as to facilitate persons with hearing impairment in grasping social information; and

(j)to step up consultation with groups for persons with disabilities, so as to make the voices of persons with disabilities heard as well as materialize the integration between the able-bodied and disabled persons.

Amendments to the motion
(i)Hon WONG Kwok-hing to move the following amendment: (Translation)

To delete "although" after "That," and substitute with "even though"; to delete "and" after "2008," and substitute with "the rights and interests of persons with disabilities are not yet under comprehensive protection;"; to add "also" after "Administration"; to add "but" after "2010,"; and to add ", and extend the scheme to cover trams and public light buses, so as" after "('the scheme')".

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

To delete "although" after "That," and substitute with "as"; to add "but" after "2010,"; to add "(a) with government departments and public organizations taking the lead to employ more persons with disabilities, so as to assist persons with disabilities in securing employment; (b) to encourage enterprises to provide non-full time posts for persons with disabilities, so as to enable them to progressively adapt to long hours of work; (c) to provide evening consultation services for persons with disabilities in need, including people recovering from mental illness, so that they can spare more time during the day for participating in community activities and integrating into society; (d) to enhance public education to increase people's understanding about persons with disabilities, with a view to eliminating misunderstanding and discrimination;" after "measures:"; to delete the original "(a)" and substitute with "(e)"; to delete the original "(b)" and substitute with "(f)"; to delete the original "(c)" and substitute with "(g)"; to delete the original "(d)" and substitute with "(h)"; to delete the original "(e)" and substitute with "(i)"; to delete the original "(f)" and substitute with "(j)"; to delete the original "(g)" and substitute with "(k)"; to delete the original "(h)" and substitute with "(l)"; to delete the original "(i)" and substitute with "(m)"; and to delete the original "(j)" and substitute with "(n)".

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

To delete "although" after "That," and substitute with "as"; to add "but" after "2010,"; to add "(h) with government departments, public bodies and subvented organizations taking the lead to set an indicator for hiring persons with disabilities and motivate various organizations to formulate recruitment policy and procedures on hiring of persons with disabilities, so as to enable persons with disabilities to have employment opportunities for giving play to their potentials;" after "chronic patients;"; to delete the original "(h)" and substitute with "(i)"; to delete the original "(i)" and substitute with "(j)"; and to delete the original "(j)" and substitute with "(k)".

(iv)Hon TAM Yiu-chung to move the following amendment: (Translation)

To delete "although" after "That," and substitute with "as"; to add "but" after "2010,"; to delete "and deep regret" after "dissatisfaction"; to add "to enable persons with disabilities to have full participation and enjoy equal opportunities in both social life and personal growth, so as to realize the spirit and core values of the Convention" after "obligations under the Convention"; to add "expeditiously perfect and" after "the Government to"; to add ", and study extending the scheme to green minibuses and trams, etc." after "them in integrating into society"; to delete "commence feasibility studies on the remaining proposals;" after "immediately" and substitute with "respond to and commence feasibility studies on proposals to construct barrier-free access put forward by residents of various districts; (f) to proactively promote barrier-free community facilities, improve community facilities, and provide owners' corporations of buildings with technical and funding support for improving the main entry and exit access of their buildings;"; to delete the original "(f)" and substitute with "(g)"; to add "(h) to proactively support rehabilitation organizations to establish social enterprises, so as to provide employment opportunities for persons with disabilities;" after "more persons with disabilities;"; to delete the original "(g)" and substitute with "(i)"; to delete the original "(h)" and substitute with "(j)"; to delete the original "(i)" and substitute with "(k)"; to delete "and" after "information;"; to delete the original "(j)" and substitute with "(l)"; and to add "; and (m) to promote the creation of new assistance programmes under the Community Care Fund, including subsidizing intermediary institutions to train more guide dogs specially for guiding the way for visually impaired persons so as to improve the daily life of such persons, providing an allowance for adjusting and repairing prostheses of persons with amputated limbs, and subsidizing hearing impaired children of low-income families to purchase hearing aids, etc" immediately before the full stop.

Public Officer to attend : Secretary for Labour and Welfare

10.Perfecting urban management in all districts of Hong Kong

Prof Hon Patrick LAU to move the following motion:
(Translation)

That, given that after the dissolution of the former Urban Council and former Regional Council, the urban management strategies for all districts in Hong Kong have failed to yield satisfactory results, this Council urges the Government to strengthen the powers and functions as well as responsibilities of the District Councils, and formulate a set of comprehensive urban management policies, including:

(a)based on the latest population projections, to plan afresh the community facilities required in the various districts, and resolve, at the district level, the site selection and timetable problems relating to the construction of schools, hospitals, public rental housing, community centres, columbaria, landfills, incinerators and recycling centres, etc.;

(b)to implement the management concept of urban beautification, and perfect the street greening and beautification work; and

(c)dovetailing with harbourfront planning and development, to establish a harbourfront authority for co-ordinating the connective work and management of harbourfronts in all districts of Hong Kong.

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

To delete "given that" after "That," and substitute with "the Census and Statistics Department projects that the population of Hong Kong will continue to grow, but"; to add "to launch thematic district transformation projects with local characteristics in the various districts, such as the Yuen Long Nullah restoration project, the Tuen Mun River Beautification Project, the enhancement of the planning for Tseung Kwan O Town Centre South and the Aberdeen Tourism Project;" after "beautification work;"; and to add "; at the same time, to strive to build a new waterfront promenade in Kowloon linking up Kowloon City, Yau Tsim Mong District as well as Sham Shui Po, and stretching from the West Kowloon Cultural District to Lei Yue Mun, and a new waterfront promenade on Hong Kong Island linking up Central and Western District, Wan Chai District as well as Eastern District, and stretching from Western District to Chai Wan, so that the new waterfront promenades on both sides of the Victoria Harbour will form a world-class 'Victoria Harbour waterfront corridor'" immediately before the full stop.

(ii)Hon LEE Wing-tat to move the following amendment: (Translation)

To delete "resolve, at the district level," after "various districts, and" and substitute with "strengthen the co-ordination and negotiations among the various policy bureaux and District Councils to resolve".

Public Officers to attend:Secretary for Home Affairs
Secretary for Development


11.Promoting animal rights and interests

Hon Fred LI to move the following motion:
(Translation)

That, as Hong Kong society attaches increasing importance to animal rights and interests, and in order to motivate people to treat animals well and live in harmony with animals in the community, reduce at source the number of stray animals in the community, and effectively combat crimes of animal cruelty, this Council urges the Government to:

(a)strengthen co-operation with District Councils to promote the 'Trap-Neuter-Return' programme on a trial basis, and following the success of the trial programme, implement the programme in all districts of Hong Kong;

(b)expedite the implementation of the various proposed measures for regulating the pet trade, including introducing Home Animal Breeder Permit and Commercial Animal Breeder Permit, substantially raising the maximum fine for illegal trading of animals to $100,000 and increasing the fine for breaching of licensing conditions to $50,000; and

(c)establish specialist 'animal police' teams in the Hong Kong Police Force to replace the existing 'Animal Watch Scheme', whose responsibilities include conducting specially tasked investigations into all animal cruelty cases, as well as undertaking publicity and education to make the public aware that cruelty to animals are illegal acts.

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

To delete ", as Hong Kong society" after "That" and substitute with "the keeping of pets among Hong Kong people has become increasingly common, and our society also"; to delete ", and" after "interests" and substitute with ";"; to add "(a) establish 'animal police' teams specially tasked to investigate cases of animal cruelty and abandonment, enhance the training of frontline enforcement officers on handling cases of animal cruelty and their awareness of such cases, and set up a 'dedicated hotline for reporting animal cruelty', with a view to curbing the situation of animal cruelty and abandonment from becoming prevalent; (b) by making reference to the present animal protection legislation in developed places, review and amend the existing Prevention of Cruelty to Animals Ordinance for the purpose of catching up with international standards, and classify the intentional abandonment of animals as animal cruelty, as well as explore the provision of compulsory psychological counselling and courses on animal protection to convicted persons; (c) request the Department of Justice to pay close attention to the sentencing for cases of animal cruelty, and where sentencing for the cases concerned cannot fully reflect their seriousness, seek sentencing guidelines by applying for reviews of sentences to the relevant courts, so as to truly reflect the social concern about offences of animal cruelty;" after "the Government to:"; to delete the original "(a)" and substitute with "(d)"; to add "and animal rights organizations" after "District Councils"; to delete ";" after "of Hong Kong" and substitute with ", and use humane means to deal with the problem of stray cats and dogs; (e) provide subsidy to the public for neutering their pets, and train more veterinary health care personnel to meet the social demand for the services concerned; (f) improve the hygiene conditions in the animal management centres under the Agriculture, Fisheries and Conservation Department and enhance the transparency of stray animal management by allowing Members and animal rights organizations to conduct regular inspections, increase the number of qualified animal adoption organizations and expand the scope of animals for adoption to reptiles and amphibians, so as to facilitate the adoption of animals by a greater number of people and organizations;"; to delete the original "(b)" and substitute with "(g)"; to delete "and" after "$50,000;" and substitute with "(h) enhance people's understanding of endangered animals and relevant regulatory systems, and require that animal traders must provide appropriate labels for identifying endangered species, as well as provide buyers with points to note on keeping endangered species, with a view to strengthening the management of endangered animals;"; to delete the original "(c)" and substitute with "(i)"; to delete "establish specialist 'animal police' teams in the Hong Kong Police Force to replace the existing 'Animal Watch Scheme', whose responsibilities include conducting specially tasked investigations into all animal cruelty cases, as well as undertaking" before "publicity" and substitute with "set up an 'animal protection fund', so that organizations can make applications for organizing more animal welfare activities, and undertake"; and to add "and learn to be a responsible pet owner; (j) introduce appropriate measures, including identifying sites for constructing more parks for pets, and exploring the opening of various recreational venues such as parks and beaches partially or at specific time slots, so that members of the public can bring in their pets; (k) actively identify suitable locations for the provision of public toilets for dogs, increase the number of dog excreta collection bins on street side, and step up the frequency of cleaning and washing, with a view to improving environmental hygiene; and (l) explore the regulation of hospice service for animals through licensing" immediately before the full stop.

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

To delete ", as Hong Kong" after "That" and substitute with "Hong Kong is a civilized cosmopolitan city, and the local"; and to delete "implement" after "trial programme," and substitute with "openly invite various organizations through the Agriculture, Fisheries and Conservation Department to apply for implementing".

Public Officer to attend : Secretary for Food and Health

12.Expeditiously implementing the formulation of standard working hours

Hon IP Wai-ming to move the following motion:
(Translation)

That, given that minimum wage and standard working hours must complement each other in order to be able to maximize the effect of protecting grassroots workers and facilitating Hong Kong's economic development, this Council urges the current-term and next-term SAR Governments to, having regard to the well-being of employees at large, spare no efforts in making preparations for enacting legislation on standard working hours and expeditiously implement the relevant tasks, including:

(a)to set a deadline and timetable for conducting studies on regulating working hours;

(b)to establish a 'study group on legislating for standard working hours' comprising representatives of the Government, employees and employers, and academics to follow up the relevant issues;

(c)to regularly hold discussions in the Panel on Manpower of the Legislative Council and report the progress to the Labour Advisory Board, so as to strengthen the Legislative Council's function of monitoring the Government on the one hand, and increase the transparency of the relevant work on the other, so as to enable the public and the labour sector to know the progress of the studies;

(d)to proactively ascertain the views of the trade unions of various industries and the relevant stakeholders on standard working hours; and

(e)to increase the public's knowledge and understanding of standard working hours through various forms of publicity and education.

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

To delete "given that" after "That" and substitute with "minimum wage has been implemented for one year or so, the grass-root workers' living has improved but the working hours of some workers are too long, so"; to delete "and" after "stakeholders on standard working hours;"; and to add "; and (f) to expeditiously implement more family-friendly policies to dovetail with the formulation of standard working hours, so as to help employees give equal attention to their families, relieve their pressure, and also boost their work efficiency and morale" immediately before the full stop.

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

To delete "to," after "SAR Governments" and substitute with "not to waste any more time, and"; to delete "spare no efforts in making preparations for enacting" after "employees at large," and substitute with "to expeditiously enact"; to delete "expeditiously implement the relevant tasks" after "legislation on standard working hours and" and substitute with "immediately commence preparation for the legislative work"; to delete "deadline and" after "to set a" and substitute with "legislative"; to delete "conducting studies on" after "timetable for"; to delete "follow up the relevant issues" after "and academics to" and substitute with "finalize the details of the bill on regulating working hours"; to delete "studies" after "know the progress of the" and substitute with "legislative work"; to delete "standard" after "stakeholders on" and substitute with "the details of the bill on regulating"; and to delete "standard" after "understanding of" and substitute with "the details of the bill on regulating".

Public Officer to attend : Secretary for Labour and Welfare

13.Report of the Subcommittee on Retirement Protection

Hon CHEUNG Kwok-che to move the following motion:
(Translation)

That this Council notes the Report of the Subcommittee on Retirement Protection.

Public Officers to attend:Secretary for Labour and Welfare
Secretary for Financial Services and the Treasury


14.Reviewing the definition of and the support measures for small and medium-sized enterprises and micro-enterprises

Dr Hon LAM Tai-fai to move the following motion:
(Translation)

That, as the European debt crisis is getting worse recently, which may affect the European and even the global economies, coupled with the fact that the United States economy has yet to bottom out and the Mainland economic growth is slowing down, Hong Kong as a small and open economy can hardly remain unaffected, with its export and re-export trades bearing the brunt; internally, the continuous soaring of property prices also poses potential threats to Hong Kong's economy and society; amid the many uncertainties and crises, it is expected that small and medium-sized enterprises ('SMEs') in Hong Kong will face an unstable and difficult business environment; in this connection, this Council urges the Government to plan ahead and roll out appropriate contingency measures to assist SMEs in coping with the challenges and riding out the plight; besides, the Government should review the current definition of SMEs, draw up afresh the definitions of SMEs and micro-enterprises having regard to the actual market conditions with a view to formulating dedicated support policies and measures which are geared to their actual needs, study introducing different levels of profit tax rates for micro-enterprises, SMEs and large enterprises, and set a tax rate lower than the existing level and offer more tax concessions for the former two, so as to support their sustainable operation and healthy development.

Public Officer to attend : Secretary for Commerce and Economic Development

15.Report of the Subcommittee

Ir Dr Hon Raymond HO to move the following motion:
(Translation)

That this Council notes the Report of the Subcommittee to Study Issues Arising from Lehman Brothers-related Minibonds and Structured Financial Products.

Public Officer to attend : Secretary for Financial Services and the Treasury

16.Maintaining a business-friendly environment in Hong Kong

Hon Jeffrey LAM to move the following motion:
(Translation)

That, given the recent instability of the global economic environment, the worsening trend of the European debt crisis and the slackening of the Mainland's economic development, and under the situation of the ongoing transition from the current-term Government to the next-term Government in Hong Kong, this Council urges that:

(a)the Administration should closely monitor the external economic situation and devise contingency plans for coping with external impact, so as to maintain the stability of Hong Kong's investment market and overall economy as well as to avoid any external impact on Hong Kong's economy at the time of governmental transition;

(b)given that Hong Kong's economic outlook in the second half of this year is not optimistic, and even the current-term Financial Secretary has foretold that an economic growth of 3% cannot be maintained, the current-term Government should formulate corresponding measures straddling the transition to the next-term Government for coping with Hong Kong's economic slowdown and fluctuations in the property market; and

(c)the next-term Government should examine the impact of such policies as the minimum wage and those in the Competition Bill, etc., on the local economy as well as on small and medium-sized enterprises at large, so as to protect the business-friendly environment in Hong Kong and raise Hong Kong's economic competitiveness.

Public Officer to attend : Secretary for Financial Services and the Treasury

17.Improving public healthcare services

Hon CHAN Kam-lam to move the following motion:
(Translation)

That the Government intends to implement the Health Protection Scheme for addressing the issue of public healthcare financing and reforming public healthcare services; however, with population ageing and the continuous increase in demand for primary healthcare services, public healthcare services are unable to sustain quality, and the mode of service delivery also fails to develop in the direction of a 'person-centred and community-based' approach; in this connection, this Council urges the Government to comprehensively improve public healthcare services, and the relevant measures should include:

(a)to enhance the hardware facilities of public hospitals, including reviewing the demand for specialist services in the hospitals of various clusters, acquiring more medical equipment, and expediting the expansion of United Christian Hospital as well as the redevelopment of Queen Mary Hospital and Kwong Wah Hospital, so as to cope with the demand arising from changes in population structure;

(b)in response to the fact that babies born to 'doubly non-permanent resident pregnant women' seeking healthcare services in Hong Kong have led to an increasing demand for hospital services in the New Territories clusters, the authorities should allocate more resources for improving the services of maternal and child health centres as well as paediatrics;

(c)to develop public Chinese medicine services, expeditiously build public Chinese medicine out-patient clinics, increase the daily service quotas in public Chinese medicine clinics, and study introducing Chinese medicine in-patient services and conjoint Chinese medicine and Western medicine consultations;

(d)to draw up a timetable for establishing community health centres in the 18 districts of Hong Kong;

(e)to improve the existing public general out-patient services, including increasing daily consultation quotas, introducing overnight out-patient services, and setting up a 'manned' consultation booking hotline for the convenience of the elderly;

(f)to draw up planning on long-term healthcare service demand and personnel training, and adopt short-term measures to tackle the existing problem of healthcare manpower shortage;

(g)to improve public dental services, including introducing out-patient dental services for the elderly, and extending the Student Dental Service to secondary students, etc.; and

(h)to design specific services geared to the healthcare needs of different groups of people in society, including lowering the eligible age for elderly healthcare vouchers to 65 and increasing the amount of subsidy to $1,000; increase the service quotas in elderly health centres and women health centres; introduce a cervical cancer vaccination programme and a breast cancer screening programme for the suitable women; subsidize high risk groups to take fecal occult blood tests regularly for the prevention of colon cancer; speed up the updating of the types of vaccines incorporated under the Childhood Immunization Programme; and study the introduction of 'child healthcare vouchers'.

Amendments to the motion
(i)Dr Hon Joseph LEE to move the following amendment: (Translation)

To delete "the Government intends to implement the Health Protection Scheme for addressing the issue of public healthcare financing and reforming public healthcare services; however" after "That"; to delete "in the New Territories clusters" after "hospital services"; to delete "and" after "etc.;"; and to add "; (i) to expeditiously set a nurse-patient ratio to enhance the quality of nursing care and facilitate long-term nursing manpower planning; (j) to review the manpower establishment of allied health staff and assess manpower needs based on service demand, so as to shorten patients' waiting time and enhance the quality of allied health service; (k) to provide referral services by optometrists and strengthen the role of optometrists in primary healthcare services at the community level, so that members of the public can receive early treatment to avoid deterioration of conditions due to delay; and (l) regarding the continuously rising demand for chiropractic services nowadays, to introduce chiropractic services under the public healthcare system, so as to provide members of the public with an additional choice and shorten the existing waiting time for the services of relevant departments" immediately before the full stop.

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

To add "(a) to review the resource and manpower allocation mechanism of the Hospital Authority ('HA'), so as to improve public hospital services; (b) to set up an independent audit department for HA, so as to ensure a more effective distribution of public healthcare resources among the various service items to help patients in need; (c) to separate the roles of purchaser and provider of public healthcare services, so that resources can be utilized in a more cost-effective manner; (d) to introduce a 'more work, more pay' working-hour system in HA, so as to retain healthcare personnel and address the problem of healthcare manpower wastage;" after "include:"; to delete the original "(a)" and substitute with "(e)"; to delete the original "(b)" and substitute with "(f)"; to delete the original "(c)" and substitute with "(g)"; to delete the original "(d)" and substitute with "(h)"; to delete the original "(e)" and substitute with "(i)"; to delete the original "(f)" and substitute with "(j)"; to delete the original "(g)" and substitute with "(k)"; and to delete the original "(h)" and substitute with "(l)".

Public Officer to attend : Secretary for Food and Health

18.Increasing land supply in Hong Kong and perfecting the land reserve system

Ir Dr Hon Raymond HO to move the following motion:
(Translation)

That Hong Kong is small but densely populated with the land falling short of the demand, and property prices have persistently remained at high levels; in order to resolve the problem of high property prices at root, this Council urges the Government to expeditiously increase land supply through different means, such as reclamation, rock cavern development, old district redevelopment, change of land use, land resumption and reusing former quarry sites, etc.; at the same time, the Government should also perfect the existing land reserve system to appropriately perform the function of adjusting land supply.

Public Officer to attend : Secretary for Development

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

19.Vote of no confidence in the President of the Legislative Council

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

That, regarding the decision of the President of the Legislative Council, Mr Jasper TSANG, to curtail the debate during the Committee stage of the Legislative Council (Amendment) Bill 2012 on 17 May this year, this Council has no confidence in the President of the Legislative Council, Mr Jasper TSANG.

20.Addressing the problem of small houses and village houses in the New Territories

Hon LEE Wing-tat to move the following motion:
(Translation)

That it has been about 40 years since the implementation of the New Territories small house policy ('small house policy') in December 1972, and the dwindling village land in the New Territories is unable to meet the demand for small houses, thus making the sustainability of the small house policy questionable; at the same time, the problem of unauthorized building works in the New Territories village houses is extensive and serious; in this connection, this Council urges the Government to expeditiously review the small house policy for resolving the problem of 'limited land supply but unlimited small house concessionary rights', and to review and strictly implement the enforcement policy on unauthorized building works of village houses in the New Territories, so as to align the respective enforcement policy on unauthorized building works in the urban areas with that of the New Territories for the protection of public safety.

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

To add "the Government conducted a massive resumption of land from indigenous inhabitants of the New Territories in the 1960s and 1970s to build public facilities such as public rental housing, schools, hospitals and reservoirs, etc. for developing new towns in the New Territories;" after "That"; to delete "implementation" after "40 years since the" and substitute with "introduction"; to delete "in December 1972" after "('small house policy')" and substitute with "to address the housing problem of the affected indigenous inhabitants of the New Territories at that time; after the reunification, Article 40 of the Basic Law stipulates that '(t)he lawful traditional rights and interests of the indigenous inhabitants of the "New Territories" shall be protected by the Hong Kong Special Administrative Region';"; to delete "village" after "unauthorized building works in the New Territories" and substitute with "small"; to delete "serious" after "is extensive and" and substitute with "complex"; to delete "problem of 'limited land supply but unlimited small house concessionary rights'" after "resolving the" and substitute with "housing problem of indigenous inhabitants of the New Territories, to expeditiously clarify the legal disputes over the height and floor area restrictions for the New Territories village houses built before the implementation of the small house policy"; and to delete "on unauthorized building works of village" after "enforcement policy" and substitute with "of categorisation for control and management as well as prioritisation for progressive enforcement on unauthorized building works of small".

Public Officer to attend : Secretary for Development

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

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

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

That this Council do now adjourn for the purpose of debating the following two issues:

(a)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 (raised by Hon CHEUNG Hok-ming); and

(b)the suicide of LI Wangyang (raised by Hon LEUNG Kwok-hung).

Public Officer to attend : Secretary for Transport and Housing

Clerk to the Legislative Council