A 13/14-7

Legislative Council

Agenda

Wednesday 13 November 2013 at 11:00 am

I. Tabling of Papers



1.No. 24-Report of changes made to the approved Estimates of Expenditure during the second quarter of 2013-14
Public Finance Ordinance : Section 8
(to be presented by Secretary for Financial Services and the Treasury)

2. No. 25-Customs and Excise Service Welfare Fund
Financial statements for the year ended 31 March 2013 and its summary, together with the Report of the Director of Audit
(to be presented by Secretary for Security)

3.No. 26-Secretary for Home Affairs Incorporated
Financial statements for the year ended 31 March 2013
(to be presented by Secretary for Home Affairs)

4. No. 27-Sir Edward Youde Memorial Fund
Report of the Board of Trustees for the Period 1 April 2012 to 31 March 2013
(to be presented by Secretary for Home Affairs)

5.No. 28-Hong Kong Council on Smoking and Health
Annual Report 2007-2008


6.No. 29-Hong Kong Council on Smoking and Health
Annual Report 2008-2009


7. No. 30-Hong Kong Council on Smoking and Health
Annual Report 2009-2010


8. No. 31-Hong Kong Council on Smoking and Health
Annual Report 2010-2011


9.No. 32-Hong Kong Council on Smoking and Health
Annual Report 2011-2012


10.No. 33-Hong Kong Council on Smoking and Health
Annual Report 2012-2013
(paper nos. 28 to 33 to be presented by Secretary for Food and Health, who will address the Council)

11.No. 34-Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2013
(to be presented by the President of the Legislative Council)

12.No. 35-Report No. 61 of the Director of Audit on the results of value for money audits - October 2013
(to be presented by the President of the Legislative Council)

13.No. 36-Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2013
(to be presented by Secretary for Financial Services and the Treasury)

14.Report No. 3/13-14 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Andrew LEUNG, Chairman of the House Committee)

II. Questions



1. Dr Hon Helena WONG to ask: (Translation)


The consultation paper published last month by the Steering Committee on Population Policy indicated that the overall labour force participation rate ("LFPR") for women in 2012 was 49.6%, which was lower than 68.7% for men, and there was a sharp decline of women's LFPR within the 30 to 39 age range. Some women have relayed to me that when they enter the life stage of marriage and childbearing in their thirties, they are forced to quit their jobs in order to take care of their children because the child care services provided by the authorities are inadequate. In this connection, will the Government inform this Council:
  • (a)whether the authorities have conducted regular reviews on the numbers of places available and persons waiting for various types of child care services in various District Council ("DC") districts in order to determine if the child care services provided in various districts can meet the demands; if they have, of the details, with a breakdown of the figures in the past three years by year, DC district and type of child care service; if not, the reasons for that;

    (b)whether the authorities have any specific plan to enhance the quality and quantity of child care services, in order to enable more women who have young children to rejoin the labour market so as to unleash the female labour force; if they have, of the details; if not, the reasons for that; and

    (c)as I have learnt that countries such as Canada, Sweden, the United Kingdom and Singapore offer subsidies to parents in the form of child care benefit or child benefit, whether the authorities will make reference to overseas experience and provide child care allowance to families in need; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

2. Hon Tony TSE to ask: (Translation)


The Country Parks Ordinance ("the Ordinance") provides the legal basis for the designation, control and management of country parks and special areas as well as matters such as the setting up of the Country and Marine Parks Board. Regarding the designation, control and management of country parks, will the Government inform this Council:
  • (a)of the area of private lands among the lands within the country parks so designated under the Ordinance at present; of the mechanism, criteria and considerations based on which the Government decides whether a certain piece of land is to be designated as country park; in the past decade, whether the authorities have regularly reviewed and revised the relevant mechanism, criteria and considerations, as well as the locations, coverage and areas of country parks; if so, of the details of the review and revision; if not, the reasons for that, and whether they will conduct regular reviews in the future;

    (b)of the mechanism through which members of the public may convey their views or aspirations to the Government regarding the designation of country parks, and the mechanism for the Government to address such views and aspirations; the number of complaints received by the Government from members of the public regarding matters such as the coverage, usage and management of country parks in each of the past 10 years; the types of such complaints, the names of country parks involved, and the outcome of follow-up actions; and

    (c)of the main facilities for use by the public at various country parks at present; the respective maintenance costs and management expenses incurred for the public facilities in various country parks in each of the past five years; whether the authorities have assessed the utilization rates and benefits of such facilities; if they have assessed, of the outcome, and the specific proposals for improvement (such as increasing the utilization rates, upgrading facilities or adding appropriate facilities); if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

3. Dr Hon Kenneth CHAN to ask: (Translation)


It has been reported that some members of the community have earlier proposed to stipulate that in the selection of the Chief Executive ("CE") by universal suffrage in 2017, any person must swear to uphold the Constitution of the People's Republic of China ("China's Constitution") before he is approved to be a candidate for the CE election; and that an Executive Council Member has expressed support for this proposal. In this connection, will the Government inform this Council:
  • (a)whether it has conducted internal discussions and related studies on the aforesaid proposal; if it has, of the details and conclusions of such discussions and studies; if not, whether the authorities will conduct such studies; if they will, of the details; if not, the reasons for that;

    (b)given the existing legal requirement that a person elected as CE shall take the statutory Oath of the Chief Executive ("the Oath") before entering upon any of the duties of his office, whether the authorities have studied if the taking of the Oath by a person after being elected as CE and the taking of another oath by him prior to his becoming a candidate for the CE election in accordance with the aforesaid proposal will cause conflicts and confusion from a legal perspective; if the findings of the study are in the affirmative, how the authorities will deal with this situation; if the findings of the study are in the negative, of the justifications for that; and

    (c)given that in the aforesaid proposal, the oath taken by a candidate for the CE election shall include a reference to the upholding of China's Constitution, and therefore anyone unwilling to swear to uphold China's Constitution may not become a candidate, whether the authorities have studied if the proposal complies with the requirement of the International Covenant on Civil and Political Rights that any citizen shall have the right to be elected at elections without distinction of political opinion; if the findings of the study are in the affirmative, of the reasons for that?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

4. Hon Paul TSE to ask: (Translation)


Earlier on, the Chief Executive ("CE") in Council rejected the application of Hong Kong Television Network Limited for a domestic free television programme service licence. The authorities have refused to further disclose the justifications for rejecting the application on grounds of the requirement to comply with the system of confidentiality of the Executive Council ("ExCo"). Subsequently, the former and incumbent Presidents of the Legislative Council, a former Chief Secretary for Administration and several former ExCo Members have respectively pointed out that there is a need for the Government to review the appointment to, and the functions and operation of ExCo, or that CE has merely used ExCo's system of confidentiality as a shield to refuse further disclosure of the justifications for rejecting the application, and such a practice is neither appropriate nor in tune with public sentiment. In this connection, will the Government inform this Council:
  • (a)whether it has examined why the licensing incident has fermented a political storm in which CE is being accused of making use of ExCo's system of confidentiality to cover up the real reasons behind the refusal to grant the licence; of the improvement plans to avoid recurrence of the aforesaid situation;

    (b)how it will respond to and deal with the views on the appointment to, and the composition, operation and the confidentiality system of ExCo raised by the aforesaid persons who are familiar with ExCo's operation; and

    (c)whether it has assessed the negative impact of the Government not responding directly to the aforesaid views and not reviewing the operation, role and representativeness of ExCo on the implementation of policies by the Government in future; if it has, of the assessment results; if not, whether it can conduct such an assessment immediately?
Public Officer to reply : The Chief Secretary for Administration

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


After chairing the third meeting of the Economic Development Commission ("EDC") on 31 October this year, the Chief Executive told the media that the meeting discussed the land resources needed for the economic development of Hong Kong in future, the existing land use and how the future land use planning of Hong Kong will facilitate and support the development of various industries. The convenors of the four working groups under EDC also reported on the areas of "transportation", "manufacturing industries, innovative technology, and cultural and creative industries", "convention and exhibition industries and tourism", and "professional services". However, there are comments that EDC has yet to make any concrete proposal on the development of and support for the economy. In this connection, will the Government inform this Council:
  • (a)in the face of insufficient supply of land in Hong Kong, whether the Government has assessed which industries should be given support in their development when it plans the land resources needed for the future economic development of Hong Kong; if it has, how it will allocate industrial and commercial sites to various industries, and of the areas and locations of such sites; if not, the reasons for that;

    (b)as the convenor of the Working Group on Professional Services of EDC has indicated that the Working Group hopes that the Government may strive to participate in the formulation of national policies, so as to prevent professional services from being neglected and bring opportunities to the local professional services sector, in particular in the striving for members of the sector to enjoy the same treatment as that enjoyed by Chinese nationals, of the areas in which the Government prepares to introduce mutual recognition of professional qualifications between the two places, and whether there are specific targets and timetables; if there are, of the details; if not, the reasons for that; and

    (c)as the convenor of the Working Group on Convention and Exhibition Industries and Tourism of EDC has indicated that the Working Group aspired to develop at the end of the old Kai Tak Airport runway a world-class and most appealing tourist attraction, of the completion date of such tourist attraction, as well as the number of tourists it may attract to Hong Kong, the amount of income it will generate for Hong Kong, and the number of jobs it may create annually as estimated by the Government; if it has not made such an estimation, the reasons for that?
Public Officers to reply:Secretary for Commerce and Economic Development
Secretary for Development

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


The Social Welfare Department ("SWD") has currently entrusted the operation of integrated family services in some districts to the integrated family services centres ("IFSCs") under non-governmental organizations. I have received complaints alleging that the officers-in-charge or social workers of such IFSCs have often directly rejected the applications for welfare services (such as compassionate rehousing, the Conditional Tenancy Scheme or splitting of public rental housing tenancy) by victims of domestic violence and other members of the public ("assistance seekers"), without referring the cases to SWD for assessment. In this connection, will the Government inform this Council:
  • (a)whether it has studied if the aforesaid assistance seekers may apply for judicial reviews against the decision of the staff of IFSCs of rejecting their applications for welfare services; if the outcome of the study is in the negative, of the justifications;

    (b)where the staff members of IFSCs have committed rule-breaking acts in providing family services or their acts have been ruled by the Equal Opportunities Commission, the Office of The Ombudsman or the Court as rule-breaking or illegal, whether the Government has any mechanism to impose penalties on such staff members or the IFSCs for which they work; if there is such a mechanism, of the details, including whether it will immediately terminate the service contracts with IFSCs and withhold disbursement of grants to them; if there is no such mechanism, whether the performance of IFSCs is not subject to any supervision; and

    (c)whether SWD will take over the integrated family services currently provided by IFSCs, so as to protect the legal rights of the public and ensure the quality of integrated family services; if it will, of the time when such services will be taken over; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

*7. Dr Hon Elizabeth QUAT to ask: (Translation)


It has been reported that at present, quite a number of countries and places (such as South Korea, Japan and Taiwan) have implemented systems for pre-sale censorship and classification of electronic game products, and required that classification labels be affixed to the packaging of such products. Recently, a gory and violent electronic game product has separately been classified as "allowed to be sold to persons above the age of 17 only" in the United States and Canada, and as "sale to persons under the age of 18 prohibited" in the United Kingdom and Australia. On the other hand, there is no such pre-sale censorship and classification system under the laws of Hong Kong. In addition, as the warning label "persons under the age of 18 not permitted to buy" on some of those game products is only affixed by some sale agents on a voluntary basis and has no legal effect, quite a number of shops are selling such electronic game products to minors. Some youth service organizations have pointed out that such electronic games dramatize violence and will easily lead youngsters to imitating the violent and cruel acts in those games. In this connection, will the Government inform this Council:
  • (a)whether the authorities will make reference to the practices in overseas places, and enact legislation to stipulate that electronic game products must be submitted for censorship prior to sale, to ban the sale of electronic game products classified as gory and violent to minors, and to require that the packaging of such products be affixed with the aforesaid warning label before sale; if they will, of the details; if not, the reasons for that;

    (b)notwithstanding that at present the authorities may, under the Control of Obscene and Indecent Articles Ordinance (Cap. 390), institute prosecutions against persons who publish to minors gory and violent electronic games which are classified as Class II (indecent) articles, since it has been reported that there was only one conviction from 2010 to 30 September 2013 and the convicted person was fined $2,000 only, whether the authorities will amend the Ordinance to increase the relevant penalties so as to curb the sale of such products to minors; and

    (c)whether the authorities will step up promotional and educational efforts to increase the awareness among youngsters and their parents of the hazards of gory and violent electronic games on youngsters' psychological health, and help youngsters to guard against and avoid indulging in playing such games; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

*8. Hon NG Leung-sing to ask: (Translation)


When he commented on the unemployment and underemployment statistics for the third quarter of 2013 released by the Census and Statistics Department on 17 October this year, the Secretary for Labour and Welfare pointed out that the labour market stayed tight, with the unemployment rate remained at a low level of 3.3%, the number of employed persons sustaining a year-on-year growth of 2.7% and the number of jobs registering an increase of 100 000 over the past year. Some members of the public have relayed to me that the economy of Hong Kong has been booming in recent years and there is keen demand for labour in various trades and industries, reflecting that the supply of labour is growing tight. In this connection, will the Government inform this Council whether the government departments concerned have:
  • (a)assessed if the tight labour market will constrain the sustainable development of the economy of Hong Kong; if they have, of the extent of the constraints; and

    (b)considered formulating corresponding policies and measures to alleviate the tight conditions of the labour market at present?
Public Officer to reply : Secretary for Labour and Welfare

*9. Hon SIN Chung-kai to ask: (Translation)


It has been reported that some political parties have recently called for sanctions against the Philippines to press the Philippine Government to accept the four requests made by the injured persons and families of the deceased of the Manila hostage-taking incident. In this connection, will the Government inform this Council:
  • (a)of the expenditure incurred by the Government on procuring goods from the Philippines in each of the past three years;

    (b)of the total value of goods imported from the Philippines in each of the past three years, with a breakdown by goods category in the following table;

    Year: __________
    Types of goodsTotal value of goods
    Timber 
    Sugar 
    Processed food 
    Semi-conductors 
    Electronic valves and tubes 
    Computers 
    Telecommunications equipment and parts 

    (c)whether it knows the number of invitations to the relevant organizations from the Philippines made by the Leisure and Cultural Services Department, statutory bodies and government-subvented performing arts groups to participate in cultural exchange activities in Hong Kong in the past three years, with a breakdown by inviting body and year in the following table; and

    Year201020112012
    Leisure and Cultural Services Department   
    Hong Kong Arts Development Council   
    Hong Kong Film Development Council   
    Hong Kong Arts Centre   
    West Kowloon Cultural District Authority   
    Hong Kong Philharmonic Orchestra   
    Hong Kong Chinese Orchestra   
    Hong Kong Repertory Theatre   
    Hong Kong Dance Company   
    Hong Kong Sinfonietta   
    Chung Ying Theatre Company   
    Zuni Icosahedron   
    The Hong Kong Ballet   
    City Contemporary Dance Company   
    PIP Cultural Industries   

    (d)of the number of Filipino domestic helpers who were permitted to work in Hong Kong for the first time in each of the past five years?
Public Officer to reply : Secretary for Security

*10. Dr Hon Kenneth CHAN to ask: (Translation)


Earlier on, some members of the Yau Tsim Mong District Council have proposed to reduce the number of days in a week for which the Mong Kok Pedestrian Precinct was implemented. In this regard, the Yau Tsim Mong District Office has commissioned a university to conduct a questionnaire survey to collect the views of the users. Street performers active in the district have relayed to me that implementing the aforesaid recommendation will smother the street performance culture in Hong Kong, and also aggravate the conflicts and confrontation among users of the pedestrian precinct. Regarding the policy on the promotion and management of street performance activities, will the Government inform this Council:
  • (a)whether the authorities have formulated any policy or measure at present regarding the promotion of street performance activities; if they have, of the details; if not, whether the authorities will consider formulating such a policy; if they will, of the details of such work; if not, the reasons for that;

    (b)given that some street performers have relayed to me that their performance venues are mainly at the pedestrian precincts in various districts, but most of the space thereof is often occupied for business promotional activities, whether the authorities have proactively liaised and coordinated with various users of the pedestrian precincts to ensure that various activities in the pedestrian precincts are carried out in a planned and orderly manner, thereby minimizing the impact of such activities on the residents of the districts concerned; if they have, of the details of the coordination work; if not, whether the authorities will carry out such coordination work; if they will, of the details; if not, the reasons for that; and

    (c)given that some of the street performers have suggested that the authorities consider introducing a licensing mechanism for the reasonable planning and management of street performance activities and the demarcation of areas dedicated for street performances, whether the authorities will study the feasibility of the suggestion and comprehensively consult the street performers and the public; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

*11. Hon LEUNG Che-cheung to ask: (Translation)


It is learnt that the Shenzhen authorities have revealed that there are about 30 000 children who were born in Hong Kong and are currently residing in Shenzhen ("Hong Kong children"). Among such children, about 17 000 are studying in Hong Kong while the remaining are attending school in Shenzhen. In addition, the mainland authorities project that the total number of Hong Kong children residing in Shenzhen will reach 50 000 by 2018. There are comments that the aforesaid figures indicate that the problem of Hong Kong children crossing the boundary to attend school will become increasingly acute in the future, and the problem cannot be solved merely by increasing the school places in districts such as the North District and Yuen Long in Hong Kong. In this connection, will the Government inform this Council:
  • (a)as it has been reported that at present the students of two schools for Hong Kong children operated by private school sponsoring bodies ("SSBs") in Shenzhen can participate in Hong Kong's Secondary School Places Allocation System, whether Government will consider buying places from such schools so that Hong Kong children may stay and attend school on the Mainland; if it will, of the details and timetable; if not, the reasons for that;

    (b)regarding the schools for Hong Kong children mentioned in (a), whether the Government has provided them with operational guidelines; if so, of the details; if not, the reasons for that;

    (c)whether the Government had, in the past five years, received requests for assistance from Hong Kong's private SSBs because they had encountered difficulties in planning to operate schools for Hong Kong children on the Mainland; if so, of the main difficulties encountered by such bodies seeking assistance and the assistance provided by the Government; whether the Government will encourage Hong Kong's private SSBs to operate schools for Hong Kong children on the Mainland and provide support for such SSBs; if it will, of the details; if not, the reasons for that;

    (d)whether the Government has plans to operate schools for Hong Kong children on the Mainland so that such children can stay and pursue their studies on the Mainland, so as to alleviate the problem of a tight supply school places in districts such as the North District and Yuen Long; if so, of the details and timetable; if not, the reasons for that; and

    (e)as it has been reported that the mainland authorities are studying the feasibility of allowing the SAR Government to build and operate government schools on the Mainland, whether the Government has discussed the issue with the mainland authorities or participated in related studies; if so, of the details?
Public Officer to reply : Secretary for Education

*12. Hon MA Fung-kwok to ask: (Translation)


Applications for the first phase ("Phase 1") and second phase ("Phase 2") of the E-textbook Market Development Scheme ("EMADS") launched by the Education Bureau closed on 24 September 2012 and 1 November 2013 respectively. The completed e-textbooks developed by successful applicants will be automatically recognized for inclusion into the 2014-2015 Recommended Textbook List for e-Textbooks ("e-RTL"), which is to be drawn up in phases. In Phase 1 of EMADS, the authorities approved 30 applications, but they were unable to enter into project agreements with the successful applicants concerned in respect of three of those applications. It has been reported that seven applications were withdrawn by the successful applicants concerned. It has also been reported that some e-textbook developers considered the terms of EMADS too harsh and the details unclear. In addition, the Government indicated that an interim review on EMADS would be conducted by the Education Bureau. In this connection, will the Government inform this Council:
  • (a)of the respective reasons why seven of the approved applications in Phase 1 of EMADS were withdrawn;

    (b)how the authorities assess the impact, on partner schools' plans to try out the e-textbooks, caused by the fact that one-third of the approved applications in Phase 1 of EMADS either have been withdrawn or in respect of which no agreement has been reached between the successful applicants and the authorities;

    (c)whether, during the interim review, the authorities have adjusted the relevant arrangements in Phase 2 of EMADS in the light of the fact that some of the approved applications in Phase 1 of EMADS either have been withdrawn or in respect of which no agreement has been reached between the successful applicants and the authorities, so as to avoid recurrence of similar situations;

    (d)of the detailed results of the aforesaid interim review; which and how many stakeholders were consulted by the authorities in the review process;

    (e)of the turnout for applications in Phase 2 of EMADS; how the number of applications received compares to that of Phase 1 of EMADS; of the authorities' conclusion and assessment on the turnout for applications in Phase 2 of EMADS;

    (f)whether the authorities have established a vetting and quality assurance mechanism for e-textbooks; if not, when they will establish such a mechanism, and how they ensure that e-textbooks developed by non-EMADS participants can be included into the 2014-2015 e-RTL under a fair and open vetting mechanism;

    (g)of the authorities' long-term plans or strategies to promote e-learning while promoting e-textbook market development (including improving the hardware and software ancillary facilities in schools, enhancing teachers' training on e-teaching, adjusting teaching concepts and learning models, and assisting publishers in developing electronic teaching materials, etc.); and

    (h)whether the authorities intend to establish an advisory committee on the future development of e-textbooks and e-learning, and invite stakeholders to give views on the development strategies for e-textbook and e-teaching; if so, of the details, including the composition of the committee; if not, the reasons for that?
Public Officer to reply : Secretary for Education

*13. Dr Hon CHIANG Lai-wan to ask: (Translation)


At present, huge signboards of shop operators are overhanging from the external walls of quite a number of private buildings in Kowloon West. Quite a number of owners' corporations ("OCs") have sought my assistance, saying that at present it is difficult for OCs to stop some shop operators from forcibly overhanging signboards from the external walls of their buildings without OCs' prior consent, and these OCs have no channels to lodge their complaints. They are worried that if these signboards fall and cause casualties, owners of the buildings concerned may have to bear criminal and civil liabilities. On the other hand, the Buildings Department ("BD") launched a Validation Scheme for unauthorized signboards ("Validation Scheme") in early September this year to step up the monitoring of the safety of signboards. In this connection, will the Government inform this Council:
  • (a)whether it knows the current number of signboards overhanging from the external walls of buildings throughout the territory and, among them, the respective numbers of those with danger of falling and erected illegally, with a breakdown by District Council ("DC") district; if such numbers are unavailable, why the authorities have yet to compile such statistics even though this Council had twice enquired about such numbers in 2008 and 2010;

    (b)of the number of complaints received in each of the past five years by the authorities from OCs regarding signboards abandoned by shop operators after cessation of business, with a breakdown by DC district; if such numbers are unavailable, the reasons for that;

    (c)of a breakdown by DC district of the following figures on actions taken by the authorities in each of the past five years:

    (i)the number of signboards inspected;

    (ii)the number of dangerous or abandoned signboards in respect of which "Dangerous Structure Removal Notices" ("Notices") were issued;

    (iii)the number of summons issued to the individuals concerned who had failed to comply with the Notices; and

    (iv)the respective numbers of dangerous, abandoned and unauthorized signboards removed;

    (d)of the current number of signboard owners who have participated in the Validation Scheme of BD; if such information is unavailable, the reasons for that; and

    (e)whether BD has assigned dedicated officers to implement the Validation Scheme; if it has, of the respective duties of the various grades of officers concerned; if not, the reasons for that?
Public Officer to reply : Secretary for Development

*14. Hon Abraham SHEK to ask:


According to the Global Competitiveness Report 2013-2014 of the World Economic Forum ("the Report"), Hong Kong's position in the overall rankings of the Global Competitiveness Index among 148 countries/economies has advanced by two places to the seventh this year. Despite the advancement in overall ranking, Hong Kong ranked significantly low in several areas (e.g. Hong Kong's enrolments for primary and secondary education remained at low rankings of 89th and 93rd respectively). The report recommended that Hong Kong needed to improve on higher education (ranked 22nd) and innovation (ranked 23rd). It also advised that Hong Kong should address the quality of research institutions (ranked 31st) and the limited availability of scientists and engineers (ranked 32nd). In this connection, will the Government inform this Council:
  • (a)whether it will step up its effort to increase primary and secondary enrolment rates of Hong Kong;

    (b)how it will enhance Hong Kong's competitiveness in terms of the quality of research institutions and availability of scientists and engineers; whether it will allocate funds to upgrade the quality of local research institutions and amend the immigration policy to attract more overseas scientists and engineers to work and live in Hong Kong; and

    (c)as the Report has stated that the five most problematic factors for doing business in Hong Kong are (i) insufficient capacity to innovate, (ii) inefficient government bureaucracy, (iii) inflation, (iv) policy instability and (v) inadequately educated workforce, whether the Government has introduced or will introduce targeted measures to address these problems; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

*15. Hon Charles Peter MOK to ask: (Translation)


The authorities implemented the liberalization of the television ("TV") market (including both free and pay TV markets) in 2000 and the telecommunications market in 2003. The Communications Authority ("CA") has made clear in its guidelines that there will be no preset limits on the numbers of free TV programme service licences ("free TV licences"), pay TV programme service licences ("pay TV licences") as well as carrier licences for telecommunications services to be granted. In this connection, will the Government inform this Council whether it knows:
  • (a)the number of applications for free TV licences received by the former Broadcasting Authority ("BA") and CA since 2000; among such applications, the number of those assessed by the former BA or CA as having fulfilled the licensing requirements (including but not limited to technical and financial requirements) and were recommended to the Chief Executive in Council for granting of licences; among the applications recommended, the number of those rejected by the Chief Executive in Council;

    (b)the number of applications for pay TV licences received by BA and CA since 2000; among such applications, the number of those assessed by BA or CA as having fulfilled the licensing requirements (including but not limited to technical and financial requirements) and were recommended to the Chief Executive in Council for granting of licences; among the applications recommended, the number of those rejected by the Chief Executive in Council; and

    (c)the number of applications for carrier licences received by the former Office of the Telecommunications Authority ("OFTA") and CA since 2003 for the provision of public telecommunications services in Hong Kong; among such application, the number of those assessed by OFTA or CA as having fulfilled the licensing requirements; the number of applications which fulfilled the licensing requirements but were eventually refused by the former Telecommunications Authority or CA with reasons in writing for the refusal provided to the applicants in accordance with the Telecommunications Ordinance (Cap. 106)?
Public Officer to reply : Secretary for Commerce and Economic Development

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


In July 2013, the Government published the Stage Three Public Engagement Report on North East New Territories New Development Areas Planning and Engineering Study, which proposed that the Recommended Outline Development Plans of the Kwu Tung North and Fanling North New Development Areas ("NDAs") be revised. These NDAs, synergizing with the existing developments and supported by railway and new road network, can be developed as an extension of Fanling and Sheung Shui New Town with residential-cum-commercial developments and adequate facilities. In the planning of NDAs, sufficient land has already been reserved for the timely provision of transport, health and community facilities, schools, and employment and recreational uses. Apart from serving the future population in NDAs, such facilities will also benefit residents in the neighbouring developed areas. The Government will also increase the development intensity of NDAs to provide additional 13 400 residential flats, and the population of the areas will increase by 40 900. In this connection, will the Government inform this Council:
  • (a)whether it has assessed the impacts of the population increase arising from NDAs on the internal and external road traffic of the North District, the carrying capacity of the MTR East Rail Line and the Lok Ma Chau Spur Line, the flood prevention capacity of the drainage system in the surrounding rural areas, and the demand for community and other livelihood facilities; if it has, of the assessment outcome;

    (b)given that some residents in Luen Wo Hui and Shek Wu Hui have indicated that, due to the ageing of the community facilities in the areas, such facilities might not be able to help meet the new demands arising from NDAs, whether the Government has plans to restore or add community facilities in the North District; if it has, of the details; if not, the reasons for that; and

    (c)how the Government will ensure that the future transport, health and community facilities, etc., in NDAs will, apart from serving the local population, also benefit the residents in the neighbouring developed areas?
Public Officer to reply : Secretary for Development

*17. Dr Hon KWOK Ka-ki to ask: (Translation)


The North Lantau Hospital came into operation in September this year. Recently, I have received complaints from Tung Chung residents that the service hours of the Accident and Emergency ("A&E") Department of the hospital are too short and there are too few specialties providing outpatient services at the hospital, thus failing to meet their needs, and that the ancillary transport facilities to and from the hospital are also inadequate. In this connection, will the Government inform this Council:
  • (a)as the Hospital Authority ("HA") has indicated that the service hours of the A&E Department of the hospital will be extended in phases from eight hours a day (9 am to 5 pm) at present to round the clock, whether the Government knows the latest implementation timetable and plan for the various phases; as well as the medical staff and other resources required for the implementation of the various phases;

    (b)apart from maintaining the evening General Outpatient Clinic service of the hospital until 11:45 pm from Monday to Friday, whether the Government knows if HA has other plans to ensure that residents on Lantau Island can receive treatment late at night before round-the-clock A&E service is available at the hospital; if HA has such plans, of the details of the various plans; if not, the reasons for that;

    (c)as HA has indicated that the specialist outpatient services of the hospital will be extended in phases from the existing two specialty services (Medicine and Psychiatry) to include surgery, orthopaedics and traumatology, paediatrics and gynaecology, whether the Government knows the latest implementation timetable and plan for the various phases; as well as the medical staff and other resources required for the implementation of the various phases; and

    (d)as the only means of public transport to and from the hospital available at present are taxis and New Lantao Bus Routes 37 and 38, which pass the hospital en route but are often full, whether the authorities have any plan to introduce services of franchised buses and green minibuses travelling between the hospital and various places on Lantau Island, including Tung Chung MTR station, Tai O and Mui Wo; if they have such a plan, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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


Some social workers providing support services for the ethnic minorities have relayed to me that as the ethnic minorities often encounter difficulties in seeking employment, the Labour Department ("LD") should set up an employment services division dedicated to providing, free of charge, the ethnic minorities and the employers concerned with employment placement and recruitment services. In this connection, will the Government inform this Council:
  • (a)of the number of able-bodied persons from the ethnic minorities who registered with LD for employment services in each of the past three years and, among them, the number of those who succeeded in securing employment, with a breakdown by nationality/race (e.g. Indonesians, Filipinos, Indians, Pakistanis, Nepalese, Japanese, Thais, Koreans, other Asians and Caucasians);

    (b)of the number of disabled persons from the ethnic minorities who registered with the Selective Placement Division of LD for employment services in each of the past three years and, among them, the number of those who succeeded in securing employment, with a breakdown by nationality/race (e.g. Indonesians, Filipinos, Indians, Pakistanis, Nepalese, Japanese, Thais, Koreans, other Asians and Caucasians); and

    (c)whether LD will set up an employment services division dedicated to providing services for the ethnic minorities; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

*19. Hon CHAN Chi-chuen to ask: (Translation)


It has been reported that the Administration Wing has recently procured a number of ergonomically designed chairs of a well-known brand for the conference room in the Office of the Chief Secretary for Administration ("CS"). Some members of the public consider the chairs too luxurious as they cost as high as $5,905 each. In this connection, will the Government inform this Council:
  • (a)of the details of the chairs and other essential furniture in the conference rooms of the Chief Executive's Office and the Offices of CS, the Financial Secretary and the Secretary for Justice, including the brand names, model numbers, quantities and unit prices;

    (b)whether the criteria for procuring furniture for the conference rooms in the offices of government departments include the ranks of the government officials using the conference rooms concerned; if so, of the details; if not, the reasons for that; and

    (c)whether the authorities will review the furniture procurement criteria, with a view to reducing public expenditure to make available more resources for poverty alleviation work; if they will, of the details; if not, the reasons for that?
Public Officer to reply : The Chief Secretary for Administration

*20. Hon KWOK Wai-keung to ask: (Translation)


Some trade unions have pointed out that in recent years, developers often utilize a lot of aluminium panels, marble and large glass panels on the external walls in building design so as to present a magnificent outlook of luxurious apartments with a view to attracting buyers. However, the utilization of such materials will lead to difficulties in carrying out maintenance works on the external walls of such buildings in future, and it will also place maintenance workers at greater risk of falling from heights and may render small property owners legally liable. In this connection, will the Government inform this Council:
  • (a)of the figures of occupational injuries and deaths involving the interior renovation and building maintenance industries in each of the past five years, with a breakdown by year, industry and category of injuries; and among them, of the number and percentage of those cases involving the design of external walls of buildings and maintenance works on external walls; whether the authorities have plans to review the existing safety guidelines for carrying out maintenance works on external walls, and expeditiously implement remedy measures targeting the design defects of the external walls of new buildings, so as to ensure the occupational safety of maintenance workers; if so, of the details; if not, the reasons for that;

    (b)of the total number of requests received in the past five years from minority owners by the authorities for assistance concerning repair and maintenance of buildings; whether the authorities will strictly require developers to set out clearly the details about the relevant repair and maintenance responsibilities in the sales documents of residential properties, Deeds of Mutual Covenants of the buildings and other relevant documents, so that prospective owners will clearly know their legal liability; if they will, of the details; if not, the reasons for that; and

    (c)given that some members of the construction industry have relayed to me that quite a number of developers and their construction and design teams do not attach importance to the codes of practice issued by the Buildings Department regarding the facilities for the inspection and maintenance of the external parts of buildings, whether the authorities will consider making reference to the legislation on building design and management of the United Kingdom, and enacting legislation to require that building plans submitted by developers should include detailed considerations regarding future maintenance of the external walls of the buildings, and that permanent access facilities should be installed (including (i) providing safe and suitable passageways and working platforms; (ii) installing permanent cast-in anchors such as "sheep eye bolts" and bolts on the external walls of buildings for workers to hang their safety belts; (iii) installing suspended working platforms at safe and suitable locations and providing suitable passageways and equipment; and (iv) installing equipment on the external walls to stabilize the position of suspended working platforms), so as to improve the safety standard of maintenance works for the external parts of buildings and ensure the occupational safety of workers; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

*21. Hon WU Chi-wai to ask: (Translation)


In a document submitted to the Panel on Environmental Affairs of this Council in May 2002, the Government advised that after obtaining the direction of the Chief Executive in Council, the Country and Marine Parks Authority ("the Authority") (i.e. the Director of Agriculture, Fisheries and Conservation) had prepared draft maps of the proposed Southwest Lantau Marine Park and Soko Islands Marine Park ("the proposed marine parks") under the Marine Parks Ordinance (Cap. 476) ("the Ordinance"), and had drawn up the preliminary boundaries of the proposed marine parks. The document also mentioned that the Authority planned to finalize the draft maps and gazette the notice in August or September of the same year, and the proposed marine parks were expected to be designated in early 2003. However, the proposed marine parks have not yet been designated so far. In this connection, will the Government inform this Council:
  • (a)as the Chief Executive in Council had given consent for the Authority to prepare maps and draw up boundaries for the proposed marine parks under the Ordinance, why the Government subsequently halted the statutory procedures for designating the marine parks;

    (b)whether the Government had consulted the Country and Marine Parks Board and the public before it halted the statutory procedures for designating the proposed marine parks; if it had, of the details of the consultation; if not, the reasons for that; and

    (c)whether it has plans to resume the statutory procedures for designating the proposed marine parks in the coming 24 months; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

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


The Work Incentive Transport Subsidy Scheme ("WITSS") was launched in October 2011, and enhancement measures were introduced in January 2013 to give WITSS applicants the choice of applying for the subsidy on a household or an individual basis (commonly known as the "dual track" approach). In this connection, will the Government inform this Council:
  • (a)of the current number of WITSS recipients, and the respective numbers of persons receiving subsidy at full rate (i.e. $600 per month) and half rate (i.e. $300 per month) as well as the total amount of subsidy disbursed since the introduction of WITSS, with a breakdown by the District Council district to which the applicants' residential addresses belong; and how the current number of WITSS recipients compares with the number of eligible applicants (about 436 000 people) originally estimated by the Government;

    (b)of the respective numbers of enquiries and complaints received by the authorities regarding WITSS since its introduction, and the contents of such enquiries and complaints;

    (c)how the authorities publicized the "dual track" approach and whether they have assessed the effectiveness of the publicity work; of the existing staff establishment for implementing WITSS as well as the annual administrative cost;

    (d)as public transport fares have been increasing year after year and a survey conducted by a grass-roots organization has found that the cross-district transport costs of grass-roots workers living in the new towns are $784 per month on average, whether the authorities have reviewed the amount of transport subsidy; whether they will, in response to the increased burden of transport costs on the public, increase the amount of full-rate subsidy to $800 per month; if they will, of the specific proposal; if not, the reasons for that; and

    (e)as it has been reported that the authorities, after setting the poverty line, are studying the proposal of introducing low-income subsidy for the poor families, whether the authorities have assessed the impact of such a proposal on WITSS, including whether it is necessary to revise or abolish WITSS or incorporate it into a new low-income subsidy scheme; if they have conducted such an assessment, of the details?
Public Officer to reply : Secretary for Labour and Welfare

* For written reply

III. Bill



First Reading

Rural Representative Election Legislation (Amendment) Bill 2013

Second Reading (Debate to be adjourned)

Rural Representative Election Legislation (Amendment) Bill 2013 : Secretary for Home Affairs

IV. Members' Motions



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

Hon Cyd HO to move the following motion:

Resolved
that in relation to the Country Parks (Designation) (Consolidation) (Amendment) Order 2013, published in the Gazette as Legal Notice No. 152 of 2013, and laid on the table of the Legislative Council on 16 October 2013, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 4 December 2013.

2.Motion under Rule 49E(2) of the Rules of Procedure

Hon Andrew LEUNG to move the following motion:


That this Council takes note of Report No. 3/13-14 of the House Committee laid on the Table of the Council on 13 November 2013 in relation to the subsidiary legislation and instrument(s) as listed below:

Item NumberTitle of Subsidiary Legislation or Instrument

(1)Road Traffic (Public Service Vehicles) (Amendment) Regulation 2013 (L.N. 151/2013).

Public Officer to attend : Secretary for Transport and Housing

3.Coping with the challenges and opportunities from the China (Shanghai) Pilot Free Trade Zone

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

That in August this year, the State Council officially approved the setting up of the China (Shanghai) Pilot Free Trade Zone ('FTZ'), and it is expected that FTZ will realize the liberalization of the Renminbi capital accounts and interest rates, and, through establishing a 'Negative List' administrative approach, expedite the opening up of service sectors such as finance, transportation, commerce and trade, professional and culture, etc.; the development of FTZ will have impact on Hong Kong as an international financial, commercial and trade centre; in this connection, this Council urges the SAR Government to proactively study and formulate relevant policies and measures on areas such as strengthening Hong Kong's financial innovation and construction, striving for the liberalization of services and trade with the Mainland and co-operation with the neighbouring regions and the Pearl River Delta Region, etc., so as to cope with the further accelerated pace of the Mainland's market opening reforms, thereby consolidating the status of Hong Kong as China's international financial, commercial and trade centre facing the world.

Amendments to the motion
(i)Hon NG Leung-sing to move the following amendment: (Translation)

To add "Mainland China is launching a new round of reform and opening up in the economic perspective;" after "That"; to add ", including enabling Kong Kong's service industries to develop cross-boundary services more comprehensively" after "an international financial, commercial and trade centre"; to add "and dovetail with the development of the Guangdong-Hong Kong-Macao Free Trade Zone which is in gestation" after "reforms"; and to add "and upgrading" after "consolidating".

(ii)Dr Hon KWOK Ka-ki to move the following amendment: (Translation)

To add "the SAR Government must assess what impact" after "culture, etc.;"; to delete "impact" after "FTZ will have"; to add ", optimize Hong Kong's business advantages and grasp the development opportunities from FTZ" after "an international financial, commercial and trade centre"; and to add "maintain Hong Kong's business advantages, including upholding judicial independence, freedom of speech, free flow of information and clean governance, and ensure that the principles of 'one country, two systems' and 'Hong Kong people ruling Hong Kong with a high degree of autonomy' stipulated in the Basic Law will not be eroded," after "Region, etc.,".

Public Officer to attend : Secretary for Commerce and Economic Development

4.Opposing the expansion of labour importation

Hon KWOK Wai-keung to move the following motion:
(Translation)

That the Government has recently released a population policy consultation document entitled 'Thoughts for Hong Kong', which mentions the problem of manpower shortage in certain industries, thus triggering off discussions on whether it is necessary to import labour to Hong Kong; yet in reality, although the economic environment is booming in recent years, soaring rents have eroded wage increases, resulting in employees not only being unable to share the fruit of economic development, but also facing a harsh working environment of long working hours and poor benefits, etc.; should more workers be imported, local workers' bargaining power will be further undermined; in this connection, this Council opposes the expansion of labour importation.

Amendments to the motion
(i)Hon POON Siu-ping to move the following amendment: (Translation)

To delete "the Government has recently released a" after "That" and substitute with ", as the"; to delete "mentions" after "'Thoughts for Hong Kong', which" and substitute with "has recently been released by the Government, points out"; to delete "thus triggering off discussions on" after "certain industries," and substitute with "the various sectors in society have further expressed concern on"; and to delete "yet in reality, although the economic environment" after "to Hong Kong;" and substitute with "in fact, there has been an established mechanism for labour importation in Hong Kong to deal with any labour importation proposal; although the economy".

(ii)Hon Frankie YICK to move the following amendment: (Translation)

To delete "the Government has recently released a" after "That" and substitute with ", as the"; to add "has recently been released by the Government," after "'Thoughts for Hong Kong', which"; to delete "thus triggering off" after "certain industries,"; to delete "; yet in reality, although the economic environment is booming in recent years, soaring rents have eroded wage increases, resulting in employees not only being unable to share the fruit of economic development, but also facing a harsh working environment of long working hours and poor benefits, etc.; should more workers be imported, local workers' bargaining power will be further undermined" after "to Hong Kong" and substitute with "have been triggered off among people of the various sectors; in fact, recruitment difficulties exist in many industries with longer working hours or requiring more manual labour such as construction, transportation, logistics, retail, catering, healthcare and elderly care industries, etc., and some vacancies have been left unfilled for a long time due to poor response, thus affecting the normal development of these industries"; to delete "opposes the expansion of" after "this Council" and substitute with "requests the Government to, while according priority to the employment of local workers, also give consideration to economic development, address the need for importing talents in a balanced manner, and expeditiously and appropriately expand"; and to add "for individual industries" immediately before the full stop.

(iii)Dr Hon CHIANG Lai-wan to move the following amendment: (Translation)

To add "labour importation is a highly controversial policy in Hong Kong;" after "That"; to add "more" after "necessary to import"; to delete "yet in reality," after "to Hong Kong;"; to delete "soaring rents have eroded" after "in recent years," and substitute with "high inflation has eroded employees' real"; to delete "resulting in employees not only" after "wage increases," and substitute with "rendering them"; to delete "but also" after "economic development," and substitute with "with some employees even"; to delete "imported, local workers'" after "more workers be" and substitute with "rashly imported, local workers will be worried about their"; to delete "will be" after "bargaining power" and substitute with "being"; to add "; yet on the other hand, the local labour market is still plagued with a manpower mismatch in that 'while there are job vacancies left unfilled, some people remain jobless', impeding the development of certain industries" after "further undermined"; to delete "opposes" after "this Council" and substitute with "urges that the Government must adhere to the objectives of ensuring local workers' priority in employment and promoting the sustainable development of the Hong Kong economy, and strengthen employment support, protection and training, so as to raise local workers' quality and remuneration; the Government must also promote family-friendly employment measures and support persons with disabilities and ethnic minorities in areas such as employment, etc., so as to further release the local labour force; in addition, the Government must prudently deal with the issue concerning"; and to add ", and only implement the relevant arrangements for individual job types with continuous labour shortage and subject to the consensus of the Labour Advisory Board" immediately before the full stop.

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

To add ", urges the Government to strengthen protection for local workers' rights and interests as well as remuneration, and take measures to release Hong Kong's potential labour force; the relevant measures should include: (1) to substantially increase child care and after-school care services, and employ home-based child carers with full-time remuneration, so that homemakers who intend to work can return to the labour market; (2) through providing tax and pension contribution concessions, legislating against age discrimination, and protecting the rights and interests of part-time workers, etc., to assist and encourage elderly people or retirees who intend to work to continue working; (3) to implement a quota system for employing persons with disabilities in the Government and the public sector, encourage private enterprises to employ more persons with disabilities, and provide subsidies to make up for the shortfalls in minimum wage for persons with disabilities, so that more persons with disabilities can enjoy employment opportunities; and (4) to strengthen the support for young people, new arrivals and ethnic minorities, including suitable education and vocational training, so as to increase their employment opportunities and productivity" immediately before the full stop.

Public Officer to attend : Secretary for Labour and Welfare

Clerk to the Legislative Council