A 13/14-10
Legislative Council
Agenda
Wednesday 4 December 2013 at 11:00 am
I. Tabling of Papers
| Subsidiary Legislation / Instruments | L.N. No. | |
|---|---|---|
| 1. | Waste Disposal (Designated Waste Disposal Facility) (Amendment) Regulation 2013 | 188/2013 |
| 2. | Waste Disposal (Refuse Transfer Station) (Amendment) Regulation 2013 | 189/2013 |
| 3. | Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 2) Order 2013 | 190/2013 |
| 4. | Professional Accountants (Amendment) Ordinance 2013 (Commencement) Notice | 191/2013 |
Other Paper
Report No. 6/13-14 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 under Rule 24(4) of the Rules of Procedure
1. Hon CHAN Kam-lam to ask: (Translation)
It has been reported that recently, the political situation in Thailand has deteriorated rapidly, with anti-government demonstrators attempting to occupy the government headquarters in Bangkok, the capital, and paralyze the Government's operation. There was even a shooting incident last weekend, resulting in five dead and 57 injured, and the Thai Government immediately imposed "curfew" in Bangkok. Besides, the Travel Industry Council of Hong Kong indicated that as at Monday of this week, about 40 group tours, totalling about 1 000 Hong Kong people, still stayed in Bangkok. There are worries about their personal safety, and so far only some travel agencies have announced suspension of the departure of group tours. Some members of the tourism industry have pointed out that unless the authorities have issued a black Outbound Travel Alert ("OTA") for Thailand, quite a number of people who have enrolled in group tours will travel to Thailand in the coming period (especially during the travelling peak season in Christmas). In this connection, will the Government inform this Council:
(a) of the authorities' current assessment of the situation in Thailand (especially in Bangkok); whether the OTA for Thailand will be raised to the black alert so that the relevant government departments and travel agencies will expeditiously adopt corresponding measures to protect the personal safety of Hong Kong people who are staying in or going to travel to Thailand; whether the Government has discussed with the travel agencies about raising the OTA and suspending the departure of group tours to Thailand; (b) whether the Government knows the number of Hong Kong people who are still staying in Bangkok at present, including the number of people who are travelling in group tours and that of independent travellers; of the measures currently adopted to provide instant safety information and assistance proactively to travel agencies and independent travellers; whether the Immigration Department ("ImmD") has looked into the requests for assistance from Hong Kong people in Thailand through the Office of the Commissioner of the Ministry of Foreign Affairs in Hong Kong and the Chinese Embassy in Thailand; and (c) whether the authorities have made preparation in case of further deterioration of the situation in Bangkok which results in emergencies, actions can be taken immediately, including providing chartered flights to carry Hong Kong people back to Hong Kong and sending ImmD's officers there to provide Hong Kong people with assistance?
2. Dr Hon KWOK Ka-ki to ask: (Translation)
The first case of human infection of H7N9 avian influenza in Hong Kong, which was confirmed on the 2nd of this month, has aroused public concern. The patient concerned had physical contact with chickens while she was on the Mainland, where an H7N9 avian influenza epidemic broke out during the spring season this year, resulting in 139 infected cases in which 45 people died. In this connection, will the Government inform this Council whether:
(a) it has assessed the risk of an immediate outbreak of H7N9 avian influenza epidemic in Hong Kong; if it has, of the assessment results; if not, the reasons for that; (b) it has put in place any emergency measures to counter the H7N9 avian influenza epidemic in case of such an outbreak, including measures to handle local live poultry, quarantine arrangements for poultry imported from the Mainland, epidemic prevention measures at boundary control points (including body temperature checks, health declarations by arriving and departing travellers, etc.), as well as issuing travel alerts and setting up an inter-departmental working group for coordinating efforts and conducting drills; if it has, of the conditions under which the various measures will be implemented and their details; if not, how the Government ensures that the epidemic will be under control; and (c) it has put in place any medical preparations to counter an H7N9 avian influenza epidemic, including case identification check-ups at out-patient clinics as well as accident and emergency departments, infection control and isolation measures in hospitals, as well as clinical and medication guidelines; if it has, of the implementation details; if not, the reasons for that?
IIA. Questions
1. Hon Ronny TONG to ask: (Translation)
Since mid-2012, the Buildings Department ("BD") has fully implemented the Mandatory Building Inspection Scheme ("MBIS"), which is applicable to buildings 30 years old or more. Upon receipt of a statutory notice from BD, owners' corporations ("OCs") of the selected buildings are required to arrange qualified persons to carry out building inspection and conduct the prescribed repair as required. I have recently received quite a number of requests for assistance from owners of housing estates which are 20-odd years old only. They said that although the OCs of their buildings had not yet received any statutory notice from BD, the OCs and the property management companies had already arranged to conduct investigation works in the estates and invited tenders for maintenance programmes which involved huge costs. Those owners pointed out that they were unable to verify if the repair works under the maintenance programmes were necessary and they had to vote on the maintenance programmes at the general meetings of the OCs without knowing the relevant details. As most owners were indifferent to the maintenance programmes, many controversial maintenance programmes were passed by a slight majority of ownership shares at the meetings. In this connection, will the Government inform this Council:
(a) of the numbers and names of housing estates and buildings between 25 to 30 years old in various District Council districts, and whether it knows if the OCs concerned have recently planned to carry out any large-scale building maintenance programme; of the number of applications received by the Government for funding of such programmes under various assistance schemes or interest-free loan schemes, the percentage of the number of those housing estates in the total number of eligible housing estates in Hong Kong since the implementation of MBIS, as well as the success rate of those applications and the total sum granted; apart from financial assistance, whether the Government has rendered any other support to owners carrying out such programmes; if it has not, of the reasons for that; (b) as quite a number of owners of housing estates have pointed out that the passage at an OC general meeting of a proposal to implement a large-scale building maintenance programme, no matter how high its cost is, requires only a majority vote (which means that more votes are in favour of the proposal than against it), whether the Government has assessed if there is a loophole in the law regarding the adoption of such a voting method for large-scale building maintenance programmes; if the assessment result is in the affirmative, whether the Government will consider amending the legislation, e.g. by requiring that the support of owners holding a majority of the ownership shares of a housing estate must be obtained before a large-scale building maintenance programme may be implemented, in the same manner as the requirement for terminating the appointment of the Deeds of Mutual Covenant managers, in order to enhance protection of owners' interests; if it will, of the time to amend the legislation; if not, the reasons for that; and (c) as quite a number of owners of housing estates have indicated that they have little knowledge of the maintenance works required under MBIS and are unable to distinguish them from the general maintenance and repair works, resulting in frequent disputes with OC members, whether the Government has made any publicity effort to educate the public on common knowledge of the general repair works of buildings; if it has, of the details; if not, the reasons for that; whether BD has appointed representatives to attend the OC general meetings of various housing estates in order to provide technical advisory service and explain the legal requirements; if it has, of the housing estates whose OC general meetings were attended by BD's representatives in the past three years, as well as the effectiveness of such practice; if not, whether it has planned to implement the aforesaid measure and when to do so?
2. Hon Christopher CHEUNG to ask: (Translation)
The Social Welfare Department launched the "Guangdong Scheme" in October this year, under which eligible Hong Kong elderly people aged 65 or above who choose to reside in Guangdong Province may receive a monthly Old Age Allowance ("OAA") and they are not required to return to Hong Kong each year. I have learnt that at present, Fujian Province is the place of origin of about 1.2 million Hong Kong permanent residents, and more and more elderly people have chosen to reside in Fujian Province in recent years. Yet, the Secretary for Labour and Welfare told the media a few months ago that at this stage, the Government had no intention of extending the coverage of the Scheme to provinces other than Guangdong Province. In this connection, will the Government inform this Council:
(a) given that at present, the eligible elderly people residing in both Fujian and Guangdong Provinces may apply for and receive Comprehensive Social Security Assistance payments, why the authorities provide OAA only to the eligible elderly people residing in Guangdong Province but not to those in Fujian Province; of the circumstances under which the Government will provide OAA to the eligible elderly people in Fujian Province; (b) whether it has assessed the number of eligible elderly people who will benefit should the coverage of the Guangdong Scheme be extended to those residing in Fujian Province; if it has assessed, of the findings; if not, whether it will conduct an assessment; and (c) given that the Government indicated in June this year that after implementing the Old Age Living Allowance ("OALA") and the Guangdong Scheme for a period of time, the Government would explore the feasibility of allowing eligible elderly people who chose to reside in Guangdong Province to receive OALA, when such a plan will be implemented, and whether it will be applicable to the eligible elderly people residing in Fujian Province at the same time?
3. Hon WONG Kwok-kin to ask: (Translation)
It is learnt that in recent years, quite a number of elderly people who have moved to reside on the Mainland upon retirement choose to return to Hong Kong for medical treatment when they fall ill because they are ineligible for the medical benefits on the Mainland, unable to afford the high medical cost and have more confidence in the quality of the medical services in Hong Kong. Yet, travelling a long distance to Hong Kong for medical treatment may aggravate their illnesses and has to incur travel expenses. In this connection, will the Government inform this Council:
(a) whether it knows the number of times the elderly persons residing on the Mainland returned to Hong Kong for medical treatment in the past five years, whether it has assessed the demand of such elderly people for medical services in Hong Kong, and whether it has formulated policies to offer support to these elderly people; if it has, of the details; if not, the reasons for that; (b) whether it knows the numbers of registered medical practitioners in Hong Kong who have applied for practising, setting up clinics or establishing hospitals on the Mainland since the mainland authorities implemented the liberalization measures for the medical sector under the framework of "Mainland and Hong Kong Closer Economic Partnership Arrangement", as well as the number of such practitioners currently engaged in the relevant practices on the Mainland; whether the authorities have looked into ways to collaborate with medical organizations on the Mainland operated by Hong Kong people to provide medical services there for the Hong Kong elderly persons residing on the Mainland, so as to reduce their need to return to Hong Kong for medical treatment; and (c) given that some local medical organizations have recently collaborated with mainland medical organizations in providing medical services on the Mainland (e.g. the University of Hong Kong collaborating with the Shenzhen Municipal Government to operate the University of Hong Kong-Shenzhen Hospital), whether the authorities have considered collaborating with such organizations to implement a pilot scheme to extend the coverage of the Elderly Health Care Voucher Scheme to medical services on the Mainland, as well as perfecting the policy of "portable welfare benefits" in the long run; if they have, of the details; if not, the reasons for that?
4. Hon Alan LEONG to ask: (Translation)
In 2009, a staff member of a private residential care home for the elderly ("RCHE") was convicted of feeding an elderly person with faeces. It has been reported that earlier on, a staff member of a private RCHE was also found to have repeatedly assaulted an elderly person by hitting her head with a broomstick, twisting her hands backwards, slamming her head against the door frame and slapping her, etc. It has been learnt that the Social Welfare Department has so far not yet instituted any prosecution against these two RCHEs. Some organizations servicing the elderly have relayed to me that the aforesaid incidents are just the tip of an iceberg as the management and quality problems of private RCHEs have been a long-standing issue. They have pointed out that as elderly persons who need the highest level of care will be granted the Higher Disability Allowance and the Special Diet Allowance, they are able to pay for higher home fees. Some private RCHEs, despite their inadequate manpower, have still strained to admit this type of elderly persons. However, because of the heavy workload, the staff of such RCHEs have become short-tempered, resulting in some of them abusing the elderly residents. In this connection, will the Government inform this Council:
(a) whether the aforesaid abusive acts of staff of RCHEs against elderly persons are prohibited under the Residential Care Homes (Elderly Persons) Ordinance; if so, why the Government so far has not yet instituted prosecution against the two RCHEs; if such acts are not prohibited, whether the Government will amend the Ordinance; (b) of the current number of elderly recipients of the Comprehensive Social Security Assistance residing in private RCHEs and, among them, the number of those who are receiving a monthly payment of less than $5,500; whether the Government will increase the amounts of payments for the elderly residing in private RCHEs so as to enable them to choose RCHEs of better service quality; if it will, when this will be implemented; if not, of the reasons for that; and (c) whether the Government will consider making reference to the grading system of subsidized RCHEs and classifying private RCHEs into different grades according to their care capability and prohibiting private RCHEs from admitting elderly persons whose care needs are beyond their care capability, so as to reduce the occurrence of incidents of elderly abuse; if it will, when this will be implemented; if not, of the reasons for that and whether the Government allows private RCHEs to continue to admit elderly persons indiscriminately regardless of their care capability?
5. Hon Frederick FUNG to ask: (Translation)
The Government announced on 15 October this year the decision made by the Chief Executive ("CE") in Council on domestic free television programme service licence ("the licence") applications. Among the three applicants, two were granted approval in principle whereas the other one was unsuccessful ("cherry-pick two out of three"). When explaining the decision on 5 November, the Secretary for Commerce and Economic Development ("the Secretary") said that, according to the analyses contained in the consultancy reports ("reports"), the market would be able to sustain the operation of three operators (including the two existing licensees), and perhaps four operators under a favourable market condition, but it could hardly sustain a total of five players. Holding the view that a gradual and orderly approach should be adopted in introducing competition to the domestic free television ("free TV") market, the authorities thus made the decision to cherry-pick two out of three. Subsequently, the managing partner of the consultancy firm which wrote the consultancy reports disclosed to the media that her firm had not suggested to cherry-pick two out of three for the issue in question. In addition, she considered that the Government might have misled the public by incomprehensively citing the reports out of context, and its decision was based on outdated data analyses. She stated clearly that she would be willing to explain the reports to the Executive Council ("ExCo") so as to avoid any misunderstanding among ExCo Members. She also described the Government's act of adding new assessment criteria after the applicants had submitted their applications as an act tantamount to "race fixing". In this connection, will the Government inform this Council:
(a) whether it has examined if the Secretary's remarks concerning the capacity of the free TV market mentioned in the reports contradict the aforesaid comments made by the managing partner; whether it has assessed if errors or personal preferences might have been involved when the reports were being consolidated or interpreted at the initial stage, which has led to the conclusion that a gradual and orderly approach should be adopted in introducing competition into the free TV market; if it has assessed, of the details; whether the authorities will invite the consultancy firm to explain the reports to ExCo; of the remedial measures available should errors be detected after the assessment; whether the Government will conduct afresh another public consultation or consultancy study on the option of cherry-picking two out of three; (b) as CE has indicated that the Government will seriously follow up and deal with the aforesaid comments made by the managing partner, of the details concerning the Government's follow-up action and efforts in dealing with the comments; whether the authorities will re-examine the entire process of vetting and approval of licence applications, including if decisions had been made on the basis of outdated data analyses and if altering the assessment criteria after receiving applications was unfair to the applicants, etc.; if they will, of the details; if they will not, the reasons for that; and (c) given the strong views expressed by members of the public on the Government's decision on the licence applications and some ExCo Members' comments on the significant discrepancy between the decision and the public's demand and expectations, whether the authorities will, taking into account the latest situation, listen to the views of the public and respond accordingly to start afresh the process of vetting and approval of the licence applications, and grant licences to all three applicants which have met the requirements; if they will not, of the reasons for that?
6. Hon Emily LAU to ask: (Translation)
I have learnt that some lawbreakers have secured major maintenance contracts of a number of housing estates by means of bid-rigging, bribing and intimidating, and made huge profits from these works. The exorbitant maintenance costs have posed heavy financial burdens on many owners, and even led to violent confrontations between owners and members of owners' corporations ("OCs"). Recently, some members of the construction industry and a former staff member of the Independent Commission Against Corruption ("ICAC") have commented that bid-rigging and price jacking practices involving building maintenance works are very common and the building maintenance industry has been monopolized by syndicates. In this connection, will the Executive Authorities inform this Council:
(a) of the number of corruption reports received by ICAC which involved building maintenance works, and the respective numbers of people who were arrested, prosecuted for and convicted of the related offences, in each of the past five years, as well as the penalties generally imposed by the courts on the convicted persons, with a breakdown by identity of these persons (including members of OCs as well as staff of consulting engineers, contractors and property management companies); (b) whether they have looked into the gravity of the problem of tendering exercises for building maintenance works being manipulated by syndicated bid-rigging; and (c) apart from the "Renosafe Scheme" jointly launched by the Police in collaboration with the relevant government departments and organizations in September this year, and the new tendering arrangement applicable to "registered general building contractors", whether they have formulated other measures to prevent and combat corruption involving building maintenance works, and whether they will allocate more resources to curb the problem?
*7. Hon Mrs Regina IP to ask: (Translation)
At present, the Government provides, through the Student Financial Assistance Agency ("SFAA"), various types of student financial assistance (including School Textbook Assistance, Student Travel Subsidy Schemes and Subsidy Scheme for Internet Access Charges) to families with financial needs (excluding those families under the Comprehensive Social Security Assistance Scheme which directly apply to the Social Welfare Department for such assistance). As those applicants who have passed SFAA's means test and met the relevant eligibility criteria may also be granted the "enhanced travel subsidy for needy special school students" and the "additional flat-rate grant" provided by the Community Care Fund ("CCF"), and their children may also enjoy the "school lunch subsidy" at school provided by CCF, whether SFAA's means test mechanism can effectively verify the eligibility of the applicants and identify recipients of assistance with genuine needs is of utmost importance. In this connection, will the Government inform this Council:
(a) of the staff establishment in SFAA responsible for conducting the means test and the average time for processing an application, in each year from 2011-2012 to 2013-2014 school years; (b) of the number and percentage of the applications approved, the number and percentage of those applications randomly checked by SFAA, and the number of those applications in which false income declaration had been uncovered and the percentage of such number in the total number of applications approved, in each year from 2011-2012 to 2013-2014 school years; and (c) whether, apart from conducting the means test, SFAA will conduct an asset test on applicants; if not, of the reasons for that, and whether it has assessed if such a practice will result in a waste of public money and CCF's resources?
*8. Hon IP Kin-yuen to ask: (Translation)
In recent years, the Government has proposed from time to time in the policy addresses and budgets the setting up of new funds or injections into existing funds. Since 2008-2009, the Government has proposed the establishment of a total of 11 funds (namely the Research Endowment Fund, the Elder Academy Development Foundation, the Pilot Green Transport Fund, the Urban Renewal Trust Fund, the Community Care Fund, the Self-financing Post-secondary Education Fund, the Health and Medical Research Fund, the Elite Athletes Development Fund, the Dedicated Fund on Branding, Upgrading and Domestic Sales, the Sustainable Fisheries Development Fund and the Training Fund for Maritime and Aviation Transport), as well as 22 injections of funds into established funds (including the Samaritan Fund, the Language Fund, the Cantonese Opera Development Fund, the Arts and Sport Development Fund, the Beat Drugs Fund, the Partnership Fund for the Disadvantaged, the SME Export Marketing Fund, the SME Development Fund, the Environment and Conservation Fund, the HKSAR Government Scholarship Fund, the Research Endowment Fund, the Self-financing Post-secondary Education Fund, the Community Investment and Inclusion Fund, the Mega Events Fund, the Community Care Fund and the Employees Retraining Fund). In this connection, will the Government inform this Council:
(a) of the respective amounts of annual revenue, expenditure, surplus/deficit and opening balance of the aforesaid funds from 2008-2009 to 2012-2013 (set out in tables of the same format as the table below);
(Name of the fund)
Year Opening balance
($ million)Revenue
($ million)Expenditure
($ million)Surplus/Deficit
($ million)2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 *2013-2014
* As at 31 October 2013(b) among the aforesaid funds, of the respective numbers of funds the annual investment returns of which are adequate and inadequate to meet their annual expenditures; and (c) whether it currently submits reports on the financial situation of the aforesaid funds to the Legislative Council and releases the relevant details on a regular basis; if it does not, of the reasons for that?
*9. Hon CHAN Yuen-han to ask: (Translation)
Earlier on, I attended a seminar organized by a green group, which focused on marine parks and the conservation of marine life. The green group pointed out that the Government had procrastinated the designation of additional places as marine parks, resulting in the continued deterioration of the ecological environment in some waters of Hong Kong. In this connection, will the Government inform this Council:
(a) of the respective places of outlying islands that meet the preliminary eligibility conditions and can be further considered for designation as marine parks at present, as well as the areas of the relevant places that can be designated as marine parks; whether the authorities will implement the relevant plans; if so, of the details, including the implementation timetable; if not, the reasons for that; of the difficulties currently encountered by the Government in the process of designating marine parks; (b) given that the authorities have undertaken to designate the Brothers Islands as a marine park in accordance with the statutory process, so that it can provide a habitat for Chinese white dolphins, whether the Government will implement the plan shortly; if so, of the estimated manpower and other resources to be committed each year; if not, the reasons for that, and whether it will undertake to implement the plan in the next three years; if it will, of the details; if not, the reasons for that; (c) given that the Country and Marine Parks Board pointed out earlier that southwest Lantau, Soko Islands and south Lamma Island possessed the conditions for becoming marine parks, whether the authorities will expeditiously set an implementation timetable in this regard; if so, of the details; if not, the reasons for that; and (d) whether the authorities will extend the areas covered by the existing marine parks; if so, of the details; if not, the reasons for that?
*10. Hon Tony TSE to ask: (Translation)
It has been reported that the Beijing Municipal Administration of Quality and Technology Supervision promulgated the "Code for design of urban rail transit" in August this year, stipulating that five persons standing per square metre shall be the appropriate maximum under the design standard for railway train compartments with effect from 1 January 2014. The standard is the same as that for the Russian railways, while the standard for the Japanese railways is set at four persons per square metre. In this connection, will the Government inform this Council:
(a) whether it knows if the MTR Corporation Limited ("MTRCL") has set any specific indicator and target in respect of passenger density in a train compartment, including the requirement on the maximum number of standees per square metre inside a train compartment; if it has, of the details and the criteria by which the indicators and targets were set; if not, the reasons for that, and whether it will make reference to the practices of Beijing and abroad and formulate relevant standards; (b) as the information provided by the Transport and Housing Bureau has indicated that the maximum railway carrying capacity per hour per direction is currently 85 000 passenger trips for the Kwun Tong Line, the Tsuen Wan Line and the Island Line of MTR, with the average occupancy rate at almost 70% for both morning and afternoon peak hours, whether it knows the passenger density based on which MTRCL has calculated those data; (c) whether it knows if MTRCL conducts regular reviews and assessments of the crowdedness of train compartments; if it does, of the outcome; if not, the reasons for that, and whether any assessment will be conducted; whether the MTRCL has taken any measure to alleviate the crowdedness of train compartments, as well as the implementation details and effectiveness of the various measures; and (d) whether it has assessed and by what criteria it has assessed if the current crowdedness of train compartments is at an acceptable level; if the assessment result is in the negative, of the solutions, including whether it will make the crowdedness of train compartments as one of the factors of consideration in the fare adjustment mechanism for MTR?
*11. Prof Hon Joseph LEE to ask: (Translation)
Some nurses have relayed to me that the Hospital Authority ("HA") has all along not drawn up any targeted nurse-to-patient ratios for public hospitals, resulting in its failure to set reasonable nursing manpower establishments for public hospitals. A survey report published in August this year by the Association of Hong Kong Nursing Staff ("AHKNS") shows that the current average nurse-to-patient ratios in public hospitals for the three shifts of morning, afternoon and night are 1:11, 1:12 and 1:24 respectively. Such ratios are a far cry from the statutory ratios (1:4 to 1:6) in foreign countries. AHKNS has also pointed out that HA has all along told the public that it has gradually recruited more nursing staff, but in fact the shortage of nursing staff is serious. In this connection, will the Government inform this Council if it knows:
(a) whether HA has compiled statistics on the current nurse-to-patient ratios in various clinical departments of public hospitals in Hong Kong; if it has, of a breakdown of such figures by clinical department; if not, the reasons for that and whether HA will consider compiling such statistics; (b) as HA is considering the feasibility of introducing the "Ward Workload Index" ("WWI"), i.e. calculating the required manpower ratios based on workload, whether HA has calculated the appropriate nurse-to-patient ratios for various clinical departments according to WWI; if it has, of such ratios, the shortfall in nursing staff and the reasons for the shortage, broken down by clinical department; if not, the reasons for that and whether it will consider making such calculation expeditiously; and (c) the number of new medical service programmes launched by HA in the past three years, and set out the nursing staff required and whether there is any shortfall in nursing staff at present (if so, of the shortfall) in respect of each of these programmes?
*12. Dr Hon Elizabeth QUAT to ask: (Translation)
There are currently three types of vehicles providing student transport service ("school bus service"): (i) non-franchised public buses with student service endorsement, (ii) private school buses operated by schools or school sponsoring bodies direct, and (iii) school private light buses (commonly called "nanny vans"). In the 2012-2013 school year, there were over 16 000 cross-boundary students, representing a sharp increase of 27% as compared to the figure of the previous school year. Moreover, some parents have pointed out that as it is increasingly common for school children to attend schools in districts other than that in which they reside owing to the increasing popularity of international schools and Direct Subsidy Scheme schools, the demand for school bus service has increased. Some school authorities have relayed that they find it difficult to arrange school bus service to cover all relevant districts due to the undersupply of school buses. In addition, some parents have complained about the exorbitant fares of school buses, while some school bus service operators ("operators") have complained about the shortage of pick-up and drop-off areas that are safe in the vicinity of schools and public housing estates, etc. Although nanny vans have applied to the Transport Department for permits for picking up and dropping off passengers in restricted zones, most of the restricted zones in the vicinity of schools are occupied by illegally parked private cars, forcing nanny vans to stop in the middle of the road to pick up and drop off school children. As a result, and coupled with the fact that the roads are narrow, there are conflicts between pedestrians and vehicles. These operators have also pointed out that because of the serious shortage of parking spaces in various districts, they can only park their vehicles in outdoor car parks, resulting in not only the accelerated wear and tear of their vehicles due to exposure in the sun and rain, but also insurance companies' refusal to provide insurance coverage for their vehicles on the ground that such vehicles are not parked in appropriate parking spaces. Moreover, it has been reported that in order to cut costs and having regard to the undersupply of nanny vans, some operators set up "interchange stations" at the intersections of school bus routes to arrange for school children going to different destinations to interchange. However, due to the shortage of escorts on school buses, some young school children need to board and alight school buses or even cross the roads with heavy traffic on their own, and are thus subjected to danger. In this connection, will the Government inform this Council:
(a) of the respective numbers of vehicles which can provide school bus service in various District Council districts ("DC districts") at present; (b) whether it has compiled statistics to assess if the respective numbers of buses of the aforesaid types (i) and (ii) in various DC districts can meet the demand; if it has not compiled such statistics, of the reasons for that; if it has, the details, and if the assessment result is in the affirmative, whether the authorities have examined why quite a number of parents still look for nanny van service; (c) of the respective regulatory regimes formulated by the authorities for the aforesaid three types of vehicles which provide student transport service; of the measures taken by the authorities to step up regulatory efforts so as to enhance the standard of the conduct of the trade and safeguard the safety of school children; (d) whether it will provide additional pick-up and drop-off areas for school buses in the vicinity of schools and public housing estates, etc. (e.g. by allowing school buses to pick up and drop off school children in restricted zones during designated hours when they go to/leave school, instead of requiring each school bus to make individual application annually), and step up law enforcement actions against illegal parking of private cars in the vicinity of schools, so as to avoid the pick-up and drop-off areas for school buses being illegally occupied by private cars, hence compromising the safety of school children; if it will, of the details; if not, the reasons for that; (e) whether it will enhance its support for operators and the continuous training for practitioners in the trade to increase their awareness of safety in taking care of school children; if it will, of the details; if not, the reasons for that; (f) of the respective numbers of parking spaces for school buses in various DC districts at present; whether it will increase the number of parking spaces for school buses in various DC districts; if it will, of the details; if not, the reasons for that; and (g) as the taking out of insurance by some operators for their vehicles has been refused by insurance companies, whether the authorities have measures in place to help the trade solve this problem; if they have, of the details; if not, the reasons for that?
*13. Dr Hon CHIANG Lai-wan to ask: (Translation)
The official foreign currency reserve assets stand at about US$300 billion at present, including an accumulated surplus of over HK$600 billion, while the fiscal reserves of the Government stand at HK$670 billion. There is hence a view that the Government has a very robust financial position. In this connection, will the Government inform this Council:
(a) as the Financial Secretary has stated in the 2012-2013 Budget that Hong Kong needs to maintain adequate fiscal reserves to take on the challenges posed by an ageing society as well as to cope with economic contingencies, whether the Government currently has put in place clear criteria for determining an appropriate level of fiscal reserves; if it has, of the details; if not, the reasons for that; (b) as the Government has indicated that it would set up a working group to be led by the Treasury Branch, and scholars and experts would be invited to join the working group to study ways to make more comprehensive planning for public finances in order to cope with the ageing population and the Government's other long-term commitments, of the latest work progress of the working group, the scope of the study, and the expected time for publishing the findings of the study; (c) as there is a view that the existing financial management philosophy of the Government is too conservative, whether the Government will consider taking appropriate measures, such as setting up or injecting monies into funds for designated purposes in order to release part of the reserves, with a view to allocating more resources for the enhancement of the education, healthcare, social security net, retirement protection system and economic development of Hong Kong, thereby promoting social mobility and alleviating the problem of disparity between the rich and the poor in Hong Kong; and (d) since it is learnt that while each year the authorities draw up the recurrent expenditure estimates for the next year on the basis of economic growth forecast, the growth of government revenue has been consistently higher than the local economic growth in real terms in recent years, whether the authorities will consider making appropriate adjustments to that estimation approach; if so, of the details; if not, the reasons for that?
*14. Hon Alice MAK to ask: (Translation)
It has been reported that thefts of luggage have occurred one after another at the baggage reclaim areas of the Hong Kong International Airport recently. Furthermore, a member of the public, after witnessing a suspected theft case at the baggage reclaim areas, requested the staff of the Airport Authority ("AA") to view the video images recorded by closed-circuit television ("CCTV") so as to understand the case, but such a request was refused. The incident has cast doubts over the security level of the airport. In this connection, will the Government inform this Council whether it knows:
(a) the total number of thefts occurring at the baggage reclaim areas and the number of such cases detected by the relevant authorities in the past three years; (b) the number of complaints received by AA in the past three years about neglect of duty on the part of airport security guards; (c) the number of CCTV cameras installed at the baggage reclaim areas and, among them, the number of those equipped with recording functions; and (d) if AA will, upon request by members of the public who have witnessed crimes, assign its staff to view the video images recorded by the CCTV cameras in the airport so as to look into what happened when such crimes were committed; if it will, of the details; if not, the reasons for that?
*15. Hon KWOK Wai-keung to ask: (Translation)
It is learnt that both the Government and members of the business sector have recently claimed that there is a shortage of manpower in the retail industry. Moreover, the Retail Trade Training Board ("the Board") of the Vocational Training Council ("VTC") conducts a manpower survey every two years to evaluate the manpower situation of the industry in order to understand the manpower demand and training needs. In this connection, will the Government inform this Council whether it knows:
(a) if the Board has conducted, in its most recent manpower survey, an analysis of the respective (i) numbers of people employed, (ii) numbers of vacancies and (iii) manpower demand (i.e. (i) plus (ii)), in respect of managers, supervisors, salespersons, part-time salespersons, clerks or technical assistants as well as staff members at other ranks, in the retail industry each year from 2013 to 2015; if it has, of the details (set out in Table 1);
Table 1
Year Managers Supervisors Salespersons Part-time
SalespersonsClerks or
Technical AssistantsOthers
(set out in details)(i) (ii) (iii) (i) (ii) (iii) (i) (ii) (iii) (i) (ii) (iii) (i) (ii) (iii) (i) (ii) (iii) 2013 2014 2015 (b) if the Board has evaluated the current training needs of the retail industry and the three training areas with the highest growth in the demand for training (such as management training, sales techniques, customer service, product knowledge, languages, etc.); if it has, of the details; (c) if the Board has compiled statistics on the number of retailers which provided in-house training for their employees last year and their percentage in the total number of retailers; (d) if the Board has conducted any survey on the general scopes, the total number of employees trained and their general ranks, the total number of training places as well as average number of training hours in respect of the in-house training currently provided by retailers; if it has, of the details; (e) the number of training courses organized by VTC for the retail industry and the number of places offered each year from 2010 to 2012, as well as the course names, training scopes, modes of study (full-time or part-time), entry requirements, number of teaching hours, tuition fees, subsidies, total number of graduates and graduation rates (set out by year in a table of the same format as Table 2); and
Table 2 Year: ______
Training providers
(if applicable)Course Names Total number of course places Training scope Modes of study (full-time or part-time) Entry requirement Number of teaching hours Tuition fee Subsidy Total number of graduates Graduation rate (f) the total number of training courses for the retail industry organized by training providers commissioned by the Employees Retraining Board under the Qualifications Framework and the total number of training places of such courses, in each year from 2010 to 2012, as well as the names of the course providers concerned and course names, training scopes, modes of study (full-time or part-time), entry requirements, number of teaching hours, tuition fees, subsidies, total number of graduates and graduation rates of such courses (set out by year in a table of the same format as Table 2)?
*16. Dr Hon LAM Tai-fai to ask: (Translation)
The Chief Executive has stated in the 2013 Policy Address that diesel commercial vehicles ("DCVs") are a major source of roadside air pollution in Hong Kong, and proposed to set aside subsidies to owners of over 80 000 heavily polluting DCVs meeting pre-Euro IV emission standards so as to phase out these vehicles in accordance with their pollution level, thereby meeting the 2015 and 2020 emission reduction targets. The Environmental Protection Department has earlier proposed that the amounts of ex-gratia payments for scrapping and replacing vehicles be standardized and raised, and that the retirement deadlines for Euro I to III DCVs be extended by one year. Under the revised proposal, the Government's financial commitments will be increased to $11.7 billion. In this connection, will the Government inform this Council:
(a) of the respective numbers of light, medium and heavy pre-Euro and Euro I to III DCVs in Hong Kong at present; whether it has a breakdown of the numbers of DCVs by frequency of use (such as occasional or frequent use); if so, of the respective numbers; if not, the reasons for that; (b) given that quite a number of vehicle owners from grass-roots families have indicated that they are unable to pay for the huge costs involved in replacing their vehicles, whether the Government has assessed the number of vehicle owners or companies concerned that will close down their relevant businesses as a result; if it has, of the numbers; if not, the reasons for that; (c) given that some owners of medium goods vehicles have relayed to me that they have difficulties in operating their businesses, whether the Government will increase the level of ex-gratia payments as well as further extend the retirement deadlines of DCVs; if so, of the details; if not, the reasons for that; (d) given that the retirement deadlines of Euro I to III DCVs have been extended by one year to 2017, 2018 and 2020 respectively, while that of pre-Euro DCV models is maintained at 2016, whether the authorities have estimated the number of DCVs of the relevant emission standards that will retire in the next three years; if they have, of the number; if not, the reasons for that; whether they have assessed the number of second-hand Euro IV vehicles available for purchase by owners of retired vehicles in the next three years; if so, of the number; if not, the reasons for that; (e) whether the Government has taken measures to ensure that the prices of second-hand and new DCVs be maintained at reasonable levels, so as to forestall the situation of demand outstriping supply and prevent vehicle dealers from jacking up the prices; if so, of the details; if not, the reasons for that; (f) whether it has considered adjusting the amount of ex-gratia payments according to the inflation rate on a regular basis; if so, of the details; if not, the reasons for that; (g) whether it has considered providing interest-free loans to assist and encourage owners of DCVs to replace their vehicles; if so, of the details; if not, the reasons for that; (h) given that the transport sector strongly oppose the Government's setting the service life limit of newly registered Euro V DCVs at 15 years, whether the Government will consider renewing the licences of such vehicles which are 15 years old but have passed the vehicle examinations; if so, of the examination standards concerned; if not, the reasons for that; whether it will consider extending the service life limit of such vehicles; if so, of the number of years by which such limit will be extended; if not, the reasons for that; (i) of the measures put in place to prevent people from obtaining the ex-gratia payments offered by the Government by importing second-hand DCVs at low costs from abroad; and (j) given that some members of the vehicle repair sector have indicated that with the massive use of electronic parts and components in Euro IV and post-Euro IV DCVs, it is necessary for vehicle mechanics to be equipped with a certain level of computer knowledge and be provided with data support from vehicle manufacturers in order to provide repair service for such vehicles, whether the Government has assessed the number of workshops specialized in repairing DCVs that will close down as a result of having no access to such knowledge or data support; if so, of the number; if not, the reasons for that; and whether dealers of DCVs will be required to make public the relevant technology and information, and to provide relevant training courses for vehicle mechanics?
*17. Hon WU Chi-wai to ask: (Translation)
The Government has all along been monitoring and improving the facilities at public transport interchanges ("PTIs"). It also mentioned in the 2012-2013 and 2013-2014 Budgets that it would continue to review the scope of the management contract for government-owned covered PTIs. As regards public transport operators, the New World First Bus Service Limited ("NWFB"), the Citybus Limited ("CTB") and the Long Win Bus Company Limited pledged to enhance passenger information when they were granted new franchises last year. NWFB has planned to install information display panels ("display panels") at a number of bus termini, and it has also provided real-time bus arrival enquiry service for the Cityflyer routes of CTB. Apart from those three franchised bus companies, the Kowloon Motor Bus Company (1933) Limited ("KMB") has also made improvements in recent years to the facilities in its bus stations to enhance the provision of passenger information, and provided the "Estimated Bus Arrival Time System" at the bus-bus interchange ("BBI") on Tuen Mun Road. Besides, I have learnt that KMB plans to introduce a satellite tracking system on some routes (including routes nos. 23, 23M and 26M) on a trial basis to enhance fleet management. In this connection, will the Government inform this Council:
(a) of the plans implemented by the Government in the past three years to improve the environment for passengers waiting for buses and the facilities at government-owned covered PTIs (including ventilation, illumination, management of passenger flow, barrier-free access and other facilities); whether the Government has any plan at present to carry out new improvement works at such PTIs; if it has, of the details; as it has been reported that some franchised bus companies have submitted to the Transport Department ("TD") proposals for improving the environment of PTIs, of the relevant details; (b) as the Government has mentioned that it would continue to review the scope of the management contract for its covered PTIs, of the names of the PTIs and the contents of the review; (c) of the efforts made by the three bus companies with new franchises granted in honouring their aforesaid pledges of enhancing passenger information (including the number of bus termini at which the companies have installed, or plan to install, display panels as well as other efforts), with a list of those information and work progress by location; (d) given that the Government stated in its reply to the question of a Member of this Council in May this year that "[t]aking into account factors such as the operability, reliability and cost-effectiveness of applying the technology concerned in different operating situations, we will consider whether it is necessary to require bus companies, through the franchise or other means, to provide passengers with estimated bus arrival time vide announcing devices at BBIs or mobile phone applications", whether TD or the franchised bus companies have conducted an assessment on the reliability of the real-time bus arrival time enquiry services provided by various franchised bus companies at present; if they have, of the assessment results; if not, when the assessment will be conducted; whether it knows if such companies have any plan at present to extend the enquiry service to cover other bus routes; and (e) whether it knows the details of KMB's recent plan to introduce technology for enhancing its fleet management; of the assistance TD will render to KMB in respect of such plan?
*18. Hon Kenneth LEUNG to ask:
On 12 November 2013, the Court of Final Appeal ("CFA") handed down a judgement in the case of Commissioner of Inland Revenue v. Nice Cheer Investment Limited, which upheld the rulings of both the Court of First Instance and the Court of Appeal that unrealized profits arising from revaluation of unsold stock were not chargeable to profits tax. CFA held that while the amount of taxable profit must be computed and ascertained with the ordinary principles of commercial accounting, these are always subject to the overriding requirement of conformity, not merely with the express words of the statute, but with the way in which they have been judicially interpreted. In this connection, will the Government inform this Council whether the Inland Revenue Department will:
(a) adhere to the underlying principle of taxation enunciated in the aforesaid judgement when dealing with disputed profits tax assessments in future; and (b) re-assess the taxable profits, in accordance with the said principle, for similar cases with undisputed profits tax assessments?
*19. Hon Charles Peter MOK to ask: (Translation)
I have received complaints from some members of the public, pointing out that quite a number of remote areas such as outlying islands and villages in the New Territories, etc. as well as some residential buildings in the urban area have access to broadband Internet access services provided by a single fixed network broadband data service operator ("operator"). When the service contracts are renewed, such operators often increase their charges drastically to a level much higher than that those they are charging other users who have access to services provided by more than one operator. It has been reported that the Consumer Council has pointed out that the adoption of differential charging for different areas by the operators might amount to discriminatory pricing and urged the Government to solve the problem of such services in remote areas being monopolized by operators. In this connection, will the Government inform this Council:
(a) whether it has assessed if the operators' practice of adopting differential pricing for users in different areas is a breach of the relevant licence conditions; whether the authorities will review the existing legislation with a view to eradicating such practice; if they will, of the details; if not, the reasons for that; (b) of the respective separate and overall household penetration rates and coverage of the Fibre-to-the-Home ("FTTH") and Fibre-to-the-Building ("FTTB") services across the territory, and such percentages in each District Council ("DC") district, as at the end of October this year; the respective percentages of the numbers of households and buildings which access the Internet via channels other than fibre-based networks in the relevant totals in each DC district; (c) whether the percentage of the number of buildings covered by the FTTH or FTTB services in the total number of buildings has increased since the introduction of the Registration Scheme for Buildings with Optical Fiber-based Access Networks; how many of these two types of buildings are situated in remote areas, with a breakdown by DC district; and (d) whether the authorities took any specific measure to promote the development of fibre-based networks in remote areas (including encouraging operators to invest in the development of networks) in the past three years, so as to enhance the penetration rate, reliability and connection speed of the broadband Internet access services in remote areas; if they did, of the details; if not, the reasons for that?
*20. Dr Hon KWOK Ka-ki to ask: (Translation)
It has been reported that a Cheung Chau resident was suspected to have had a heart attack while on board a ferry sailing from Central to Cheung Chau on 28 April this year, and passed away after admission to the hospital for emergency rescue. Some ferry passengers have relayed to me that at present, ferries are not equipped with automated external defibrillators ("AEDs") and even basic first aid facilities are also inadequate on board. As a result, the conditions of passengers who are injured or under heart attack may deteriorate as they have not received any first aid treatment. In this connection, will the Government inform this Council:
(a) of the respective numbers of cases involving injuries or deaths of passengers caused by accidents while they were on board a ferry, and cases involving bouts of illness of passengers, in the past five years; (b) of the number of injured ferry passengers transferred by ambulance from ferry piers to hospitals for treatment in the past five years; the average time span between the moment when they were injured and their arrival at hospital; (c) whether the authorities have any plan to require ferry companies to arrange first aid training for their staff, and to provide subsidies for such training activities; and (d) whether the authorities have required ferry companies to regularly replenish the first aid facilities on board; if they have, of the detail; whether the authorities will require ferry companies to install AEDs on board?
*21. Hon CHEUNG Kwok-che to ask: (Translation)
The authorities have been subsidizing schools in implementing the School-based After-school Learning and Support Programme ("the Programme") since the 2005-2006 school year to provide suitable after-school activities for primary and secondary students receiving the Comprehensive Social Security Assistance ("students on CSSA") or full grant under the Student Financial Assistance Schemes ("full-grant students"). Schools also have the discretion to offer no more than 10% of the places of each activity to other students in need ("discretion-based students"). Since the 2006-2007 school year, the authorities have revised the funding mode by apportioning the funding of the Programme into School-based Grant and Community-based Projects. Schools offering the Programme will be provided with the School-based Grant while non-governmental organizations ("NGOs") organizing district activities under the Programme may apply for the Community-based Projects grant. In this connection, will the Government inform this Council:
(a) of the respective numbers of primary and secondary students benefiting from the School-based Grant and Community-based Projects (including students on CSSA, full-grant students, discretion-based students and non-eligible students) and the respective numbers of schools and NGOs subsidized in each school year since the 2006-2007 school year (set out by school year in tables of the same format as Table 1);
Table 1 School year:___________
Primary schools Secondary schools School-based
GrantCommunity-based
ProjectsSchool-based
GrantCommunity-based
Projects(i) Number of students on CSSA (ii) Number of full-grant students (iii) Number of discretion-based students (iv) Number of non-eligible students (v) Total number of students who benefited (vi) Schools subsidized Not applicable Not applicable (vii) NGOs subsidized Not applicable Not applicable (b) in respect of the School-based Grant in various District Council ("DC") districts in each of the past three school years, of the following
Table 2 School year:___________(a) the total amount of grants, (b) the number of schools granted the School-based Grant, (c) the number of paid activities, (d) the number of non-paid activities, (e) the number of students on CSSA who benefited from the School-based Grant, (f) the number of full-grant students who benefited from the School-based Grant, (g) the number of discretion-based students who benefited from the School-based Grant, (h) the number of non-eligible students who benefited from the School-based Grant, (i) the total number of students involved, (j) the number of students on CSSA in the district, (k) the number of full-grant students in the district, (l) the total number of students in the district, (m) the number of eligible students who did not benefit from the School-based Grant in the district, and (n) the average amount of School-based Grant expended on each student (set out by school year in tables of the same format as Table 2);
DC district a b c d e f g h i j k l m n Central and Western Wan Chai Eastern ---- Total (c) of the respective numbers of primary and secondary schools retaining the unspent amounts under the School-based Grant and the total amounts retained, as well as the respective numbers of primary and secondary schools returning the unspent amounts to the authorities and the total amounts returned, in each school year since the 2006-2007 school year, and set out the relevant figures in Table 3;
Table 3
School year Primary schools Secondary schools Retaining the unspent
amount under the
School-based GrantReturning the
unspent amount to
the authoritiesRetaining the unspent
amount under the
School-based GrantReturning the
unspent amount to
the authoritiesNumber
of schoolsTotal
amount
retainedNumber
of
schoolsTotal
amount
returnedNumber
of
schoolsTotal
amount
retainedNumber
of
schoolsTotal
amount
returned2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 (d) whether the authorities have rejected any application for the School-based Grant and the Community-based Projects grant since the 2006-2007 school year; if they have, of the number of the applications rejected in each school year and the general reasons for refusal, and set out the relevant figures in Table 4;
Table 4
School year School-based Grant Community-based Projects Primary schools Secondary schools Number of
applications
rejectedReasons for
refusalNumber of
applications
rejectedReasons for
refusalNumber of
applications rejectedReasons
for refusal2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 (e) of the total amounts of Community-based Projects grants allocated to NGOs in various DC districts, the number of students joining the activities organized (including the numbers of eligible and non-eligible students), the numbers of NGOs required to return the unspent amount of the approved grants to the authorities and the unspent amounts clawed back by the authorities in each of the past three school years (set out by school year in tables of the same format as Table 5);
Table 5 School year:_________
DC district NGOs Total grants Number of students joining
the activitiesNumber of NGOs
required to return the
unspent amountsUnspent
amounts
clawed backEligible students Non-eligible students Central and Western Wan Chai Eastern ---- Total (f) whether the authorities have conducted any review and consultation on the School-based Grant and the Community-based Projects; if they have, of the details; if not, the reasons for that; and (g) as some organizations have proposed that the Education Bureau should adopt a funding mode of "money-follows-the-user" which enables eligible students to choose and participate in the after-school activities they need by using vouchers, whether the Government will consider implementing such a mode of funding; if it will, of the details; if not, the reasons for that?
*22. Hon CHAN Hak-kan to ask: (Translation)
Since July 2011, major fixed and mobile telecommunications service providers ("providers") have implemented the Industry Code of Practice for Telecommunications Service Contracts ("Code of Practice"). The Code of Practice aims at providing guidelines on the drawing up of fair, balanced and reasonable service contracts between the telecommunications industry and consumers. However, the Consumer Council ("CC") pointed out in December 2012 that upon termination of telecommunications service contracts by clients, some providers did not charge service fees for the month concerned on a pro rata basis according to the number of days between the contract end date and the last cut-off date for payment; instead, they charged service fees for the entire month. CC considered this mode of charging unfair to consumers. In addition, some members of the public have relayed to me from time to time that they had had disputes with providers over termination of telecommunications service contracts, and they had sought help from organizations such as CC and the Communications Authority ("CA"), etc., but the disputes remained unresolved in the end. In this connection, will the Government inform this Council:
(a) whether CA has any plan to discuss with the telecommunications industry to incorporate guidelines into the Code of Practice to stipulate how service fees for the period concerned upon termination of service contracts are to be calculated, so as to reduce disputes between providers and consumers; (b) whether the authorities concerned have reviewed, in collaboration with the telecommunications industry, the situation of "being easy to enter into contracts, but difficult to terminate them" since the implementation of the Code of Practice; if they have, of the details; if not, the reasons for that; and (c) given that quite a number of clients using telecommunications service have indicated to me that as ordinary people have difficulties in understanding the contents of telecommunications service bills, they can hardly confront providers with the aid of such bills in the event of disputes over termination of service contracts, whether the authorities will incorporate guidelines into the Code of Practice to stipulate that providers must present the contents of such bills in simple and comprehensible ways?
* For written reply
IIB. Statement
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