A 14/15-25

Legislative Council

Agenda

Wednesday 6 May 2015 at 11:00 am

I. Tabling of Papers



Subsidiary Legislation / InstrumentsL.N. No.
Merchant Shipping (Limitation of Shipowners Liability) (Amendment) Ordinance 2005 (Commencement) Notice81/2015

Other Papers

1.No. 92-Quality Education Fund
Financial statements for the year ended 31 August 2014
(to be presented by Secretary for Education)

2.No. 93-Education Development Fund
Financial statements for the year ended 31 August 2014
(to be presented by Secretary for Education)

3.Report No. 18/14-15 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 for Written Replies



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


Following the launch of the Environmental Levy Scheme on Plastic Shopping Bags ("PSBs") (the first phase) ("the First Phase Scheme") in July 2009, the Government has fully implemented the PSB charging requirement at the retail level ("the fully implemented PSB charging requirement") since 1 April this year. In this connection, will the Government inform this Council:
  • (1)of the amount of PSB charges handed over to the Government by shop operators during the period when the First Phase Scheme was implemented;

    (2)of the number of inspections conducted by the authorities on shop operators' collection of PSB charges since last month;

    (3)of the number of complaints received by the authorities about the fully implemented PSB charging requirement since last month (such as overcharging by shop operators and their refusal to give out exempted PSBs free of charge);

    (4)whether the authorities have estimated the extent by which the disposal of PSBs can be reduced as a result of the fully implemented PSB charging requirement; if they have, of the details; if not, the reasons for that; when the authorities will review the effectiveness of the fully implemented PSB charging requirement;

    (5)given that the number of PSBs distributed in the first quarter upon the implementation of the First Phase Scheme was 13 462 899, but there was a reversal of the decline in the number after about two years and such number rose to 17 959 779 in the 22nd quarter, whether the authorities have looked into the reasons for such a trend and of the authorities' measures to ensure that a reversal of the decline in the number of PSBs distributed will not recur;

    (6)as the survey on disposal of PSBs conducted by the authorities showed that the disposal of "PSBs from unknown sources" accounted for almost 80% of total disposal, whether the authorities have new methods to identify the sources of such PSBs so as to adopt measures to reduce the disposal of such PSBs; if they do, of the details; if not, the reasons for that; and

    (7)as I have learnt that at present, there are a number of countries requiring that retailers may only use degradable PSBs, whether the Government will consider implementing such practice in Hong Kong?
Public Officer to reply : Secretary for the Environment

2. Hon Kenneth LEUNG to ask: (Translation)


It has been reported that in recent years, the responsible persons of quite a number of companies, at the time when they applied for listing their companies on the Growth Enterprise Market ("GEM"), had already planned for reselling their companies for profit after raising capital. There are views that the current operating situation of GEM is running contrary to the initial concept of establishing GEM, which was that it would become a channel for companies with growth potential (especially emerging enterprises) to raise capital, and the authorities should therefore conduct a review of the roles, functions and market positioning of GEM. In this connection, will the Government inform this Council:
  • (1)whether it knows the number of newly-listed companies on GEM in each of the past five years, and the percentage of such number in the total number of newly-listed companies in Hong Kong in that year;

    (2)whether it knows the number of companies which transferred their listings from GEM to the Main Board in the past five years; and

    (3)whether the authorities have, since the establishment of GEM, conducted any detailed study on the roles, functions and market positioning of GEM; it they have, of the results?
Public Officer to reply : Secretary for Financial Services and the Treasury

3. Dr Hon Elizabeth QUAT to ask: (Translation)


It has been reported that last month, a patient suffering from hereditary spinocerebellar ataxia killed himself allegedly because he was increasingly sick and he worried that he could not afford the medical expenses. The incident has aroused concern whether the medical services for patients suffering from rare diseases ("rare disease patients") and support for their families are inadequate, as well as whether the authorities have formulated the relevant policies. In this connection, will the Government inform this Council:
  • (1)whether public healthcare institutions have adopted any criteria for determining "rare diseases"; if they have, of the details; if not, the reasons for that;

    (2)whether public healthcare institutions have any plan to set up a centralized database on rare diseases for storage of information on experience obtained in treating such diseases, with a view to enhancing the efficacy of the relevant diagnoses and treatments; if they do, of the details; if not, the reasons for that;

    (3)of the current number of healthcare personnel who have received training on clinical genetic service, and whether the authorities have assessed if such healthcare manpower is sufficient to cope with the demand; as many rare diseases are hereditary, whether the authorities will allocate more resources to train more healthcare personnel specialized in clinical genetic service; if they will, of the details; if not, the reasons for that; of the authorities' measures to attract more medical students to study this specialty;

    (4)as some patients' organizations have relayed to me that in Hong Kong, there is a lack of healthcare personnel experienced in treating rare diseases, whether the authorities will allocate more resources to strengthen the on-the-job training for the relevant healthcare personnel; if they will, of the details of their specific plans and resource allocations; if not, the reasons for that;

    (5)given that early diagnoses may help control certain rare diseases, whether the authorities have plans to step up screening of children with family history of rare diseases; if they do, of the details; if not, the reasons for that;

    (6)as currently quite a number of countries and regions have enacted legislation and put in place policies regarding rare diseases, whether the authorities will expeditiously enact legislation and draw up policies on rare diseases so as to improve the support for rare disease patients; if they will, of the timetable and specific direction of such work; if not, the reasons for that;

    (7)whether the authorities will provide financial incentives to encourage pharmaceutical companies to develop drugs for treating rare diseases so that rare disease patients can obtain needed medications; if they will, of the details; if not, the reasons for that;

    (8)whether the authorities will allocate more resources to provide financial assistance for rare disease patients and their families; and

    (9)as family members of rare disease patients are under enormous psychological pressure due to the prolonged period of time in taking care of the patients, of the support measures taken by the authorities to help alleviate their pressure?
Public Officer to reply : Secretary for Food and Health

4. Hon Martin LIAO to ask: (Translation)


In connection with the Government's policies and measures to promote green buildings, will the Government inform this Council:
  • (1)whether it knows the number, percentage and types of buildings completed within the past five years which meet the definition of "green building"; whether the authorities have quantified the contribution of these green buildings to the reduction of electricity consumption and greenhouse gas ("GHG") emissions;

    (2)whether the authorities have set targets on the number, percentage, types, as well as the rate of reduction in electricity consumption and GHG emissions of new green buildings to be built in Hong Kong in future; if they have, of the details, and how such targets compare with those in other countries;

    (3)given that the Government set up the "Steering Committee on the Promotion of Green Building" in 2013 to coordinate the joint efforts of various policy bureaux and departments in reviewing the energy saving performance of old and new buildings of the Government and those all over Hong Kong, gauge the views of the industry and study overseas experience in order to further promote the green building policy, of the work achievements of the Steering Committee;

    (4)given that the authorities will put forward a blueprint on energy saving and green buildings in the first half of this year, of the relevant objectives and propositions; whether the authorities will examine the provision of various incentives to further promote green buildings; if they will, of the relevant propositions;

    (5)given that since 2011, the authorities have required all new private buildings to register for "BEAM Plus" certification for the granting of gross floor area ("GFA") concessions for green and amenity features, whether the authorities will consider optimizing the requirement, including granting different levels of GFA concessions according to the ratings of the "BEAM Plus" assessment attained by the buildings; and

    (6)whether the authorities will consider providing incentives for building owners to encourage them to carry out maintenance works for their completed buildings in order to enhance energy efficiency of the buildings?
Public Officer to reply : Secretary for the Environment

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


Some residents in remote areas in the New Territories West have relayed to me that they have all along been unable to receive analogue television and digital terrestrial television ("DTT") broadcast signals ("TV signals") and have repeatedly lodged complaints with the Communications Authority ("CA") but to no avail. A spokesman of CA told the media that the transmission networks for delivering domestic free television programme services ("free TV") were built and operated by the Asia Television Limited and the Television Broadcasts Limited ("the two TV broadcasters"), and CA would make arrangements as appropriate to take on-site signal measurements or refer the complaints to the two TV broadcasters for follow-up. Moreover, according to the information cited by the Government from the two TV broadcasters, the DTT network coverage has reached 99% of the Hong Kong population. In this connection, will the Government inform this Council:
  • (1)of the villages and areas which are currently not covered by the DTT network, with indication of the locations of such villages and areas on a map; the number of residents in these villages and areas;

    (2)whether it knows the methods and criteria adopted by the two TV broadcasters for calculating the DTT network coverage; whether locations encircled by coverage areas but in which TV signals cannot be received due to geographical features (e.g. blockage of signals by hilly terrains) have been excluded from the calculation of the coverage;

    (3)as it has been reported that some residents in remote areas can only receive TV signals after they have built signal receiving stations in their villages by raising funds, whether these areas have been included in the calculation of the TV network coverage;

    (4)of the number of complaints received by the authorities in the past three years about reception of free TV broadcast signals and, among them, the number of cases referred to the two TV broadcasters for handling, with a breakdown by District Council district;

    (5)how the authorities ensure the proper handling of the cases referred to the two TV broadcasters; and

    (6)given that the residents in some areas have been unable to receive TV signals for over a decade or so, of the authorities’ measures to help resolve the problem; whether the authorities will provide subsidies or loans for residents in these areas and other remote areas for installing facilities for receiving TV signals; if they will not, of the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

6. Hon Frederick FUNG to ask: (Translation)


It is noted that with the continuous drop in the international prices of oil and liquefied petroleum gas ("LPG") last year, local auto-fuel prices have seen corresponding downward adjustments, including the LPG ceiling price at dedicated LPG filling stations having dropped from over $6 per litre early last year to about $3 per litre recently and the retail price of motor diesel from about $13 per litre last year to about $11 per litre recently. In this connection, will the Government inform this Council:
  • (1)whether the authorities have regularly assessed the impacts of the rises and falls of auto-fuel prices on the operating costs of those public transport services (including franchised buses, green minibuses and taxis) which are subject to fare regulation; if they have assessed, of the latest findings; and

    (2)as public transport operators had, for many times in the past, applied for fare increases on grounds of rising fuel prices and were granted approval by the authorities, whether the authorities have assessed if there is any room for lowering the fares of various public transport services in view of the persistently low auto-fuel prices at present; whether the authorities will reject, on grounds of low auto-fuel prices, any application for fare increase put forward by public transport operators in the coming year; if they will not, of the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

7. Hon LEE Cheuk-yan to ask: (Translation)


It has been reported that on 11 March this year, an Indonesian domestic helper awaiting her new employment visa was hit by a concrete slab fallen from heights while sleeping under a canvas canopy erected on the podium of a flat, and she died several days later. The flat where the incident occurred is a temporary hostel provided for foreign domestic helpers ("FDHs") by an FDH intermediary. In connection with the monitoring of such intermediaries and the temporary hostels provided by them, will the Government inform this Council:
  • (1)as it has been reported that the FDH concerned had entered into an employment contract with her new employer before the incident, but lived temporarily in the hostel at the employer's request, whether the authorities have conducted investigations in this respect, including whether the employer has breached the law; if they have, of the results;

    (2)whether it knows the respective numbers of temporary hostels and bedspaces provided for FDHs by intermediaries in each of the past five years;

    (3)whether the authorities have monitored the provision of temporary hostels for FDHs by intermediaries; if they have, of the number of inspections on such hostels conducted by the relevant departments in each of the past five years; if not, whether the authorities will monitor the provision of such hostels;

    (4)as it has recently been reported that the hygiene conditions of some temporary hostels are poor, whether the authorities have conducted investigations in this respect; if they have, whether cases of contravention of the law have been found; if such cases have been found, of the legislation and penalties concerned;

    (5)whether the authorities have conducted investigations into the charging of fees by intermediaries on FDHs temporarily living in their hostels; if they have, whether cases of contravention of the law have been found; if such cases have been found, of the legislation and penalties concerned; and

    (6)of the respective numbers of regular and surprise inspections on the operation of intermediaries conducted by the Labour Department and the respective numbers of cases in which investigations were conducted and prosecutions were instituted in response to complaints, in each of the past five years, as well as the respective numbers of intermediaries involved in such cases?
Public Officer to reply : Secretary for Labour and Welfare

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


It has been reported that the Hong Kong Ideas Centre carried out a study on the situations and aspirations of young people in Hong Kong, and conducted a random telephone survey between January and March this year with a sample of 1 505 young people aged between 15 and 39. As shown by the findings of the study, over 80% of the respondents considered that abiding by the law was an obligation of every member of the public. However, nearly 40% of the respondents considered that there was nothing wrong to adopt civil disobedience as a means of fighting for justice. In the group of young people aged between 20 and 24, the percentage of respondents agreeing to this view was as high as 47.1%. When asked whether they would take part in a movement similar to the occupation movement should it occur, 25.4% of the respondents indicated that they would. In this connection, will the Government inform this Council:
  • (1)whether the authorities have studied the impact of the occupation movement on the rule of law in Hong Kong after its conclusion; if they have, of the details; if not, the reasons for that;

    (2)as the findings of the aforesaid study showed that the core values to which the respondents attached importance were in the order of freedom from corruption, freedom, justice and the rule of law, with the rule of law receiving the lowest ranking, whether the authorities have studied why young people nowadays attach relatively less importance to the rule of law; and

    (3)as nearly 40% of the respondents agreed to fighting for justice by confrontational means, whether the authorities have assessed the impact of this view on the overall development of Hong Kong; how the authorities will enhance the law-abiding awareness of young people?
Public Officer to reply : The Secretary for Justice

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


Recently, a number of persons from one-person households of public rental housing ("PRH") have sought my assistance, saying that the Hong Kong Housing Authority ("HA") demanded the termination of their tenancies under the relevant provisions of the Housing Ordinance (Cap. 283) on the grounds that they had failed to retain regular and continuous residence in their units ("non-regular residence"). It is learnt that some assistance seekers, who need to frequently leave Hong Kong for work or cannot return home from work until midnight, were unable to meet the HA staff conducting flat inspections and were therefore alleged to have committed non-regular residence. In this connection, will the Government inform this Council:
  • (1)regarding the cases of alleged non-regular residence involving one-person households and non-one person households respectively, of the respective numbers of cases in each of the past three years, in which (i) HA demanded termination of tenancies, (ii) the Central Team upheld the demand after in-depth investigations, (iii) reviews by the Appeal Panel were sought by the households concerned, and (iv) appeals by the households concerned were allowed after review (set out such information in a table);

    (2)as I have learnt that HA conducts flat inspections to detect abuse of PRH units, but over 90% of such inspections take place before 8 pm when very often the persons from one-person households living in PRH units in remote areas but working in the urban areas have not yet returned home, whether HA will adjust the timing for flat inspections, so that inspection staff can contact such households; if it will not, of the reasons for that;

    (3)whether the methods and procedures adopted by HA for handling suspected cases of non-regular residence involving one-person households are different to those adopted for handling similar cases involving non-one person households; if they are, of the details;

    (4)as I have learnt that HA will not demand the transfer of a non-one person household to a unit of a smaller area or the recovery of the unit on the grounds that some of the members of the households have left Hong Kong for work, but one-person households may have their units recovered for leaving Hong Kong for work, whether HA has assessed if this practice is unfair to one-person households, and whether this practice will in effect force one-person households to give up leaving Hong Kong for work; and

    (5)whether the authorities will consider reviewing and enhancing the policies and procedures for handling cases of suspected non-regular residence involving one-person households in PRH units?
Public Officer to reply : Secretary for Transport and Housing

10. Hon CHAN Han-pan to ask: (Translation)


It is learnt that quite a number of Hong Kong residents (especially retired elderly persons) reside on the Mainland at present, and some of them prefer to return to Hong Kong for medical treatment because the healthcare system on the Mainland is different from that in Hong Kong. In this connection, will the Government inform this Council:
  • (1)whether it has grasped the current number of and the situation concerning those Hong Kong residents residing on the Mainland seeking consultation at the medical institutions on the Mainland; if it has, of the details;

    (2)given that the University of Hong Kong-Shenzhen Hospital ("Shenzhen Hospital"), which is operated by the University of Hong Kong in collaboration with the Shenzhen Municipal Government, commenced operation in 2012 and brought in Hong Kong-style hospital management models and medical technologies, whether the Government knows the situation since 2012 concerning those Hong Kong residents residing on the Mainland seeking consultation at the Shenzhen Hospital;

    (3)whether it knows the number of Hong Kong residents residing on the Mainland who returned to Hong Kong to seek consultation at the accident and emergency departments of public hospitals or public general out-patient clinics in the past three years;

    (4)given that the Government plans to extend the coverage of the Elderly Health Care Voucher Scheme to the Mainland and use the Shenzhen Hospital as the pilot institution, of the details of the pilot scheme, including the technical issues to be resolved; and

    (5)whether the authorities have explored ways to apply the experience of implementing the pilot scheme mentioned in (4) for extending the coverage of the Elderly Health Care Voucher Scheme on the Mainland; if they have, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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


Some concern groups have relayed to me that although in recent years, some government departments and statutory bodies have printed, in ethnic minority languages, namely Indonesian, Hindi, Nepali, Tagalog, Thai and Urdu, ("ethnic languages"), leaflets/brochures outlining various public services, the majority of the people from the ethnic minorities ("EMs") still are unaware of the availability of such services (e.g. interpretation services provided by non-profit-making organizations and employment support services of the Labour Department). In this connection, will the Government inform this Council:
  • (1)which government departments/statutory bodies have printed in ethnic languages leaflets/brochures on their services, and set out the titles and publication/reprint dates of such leaflets/brochures, as well as the number of copies printed this year in a table by name of department/body;

    (2)which government departments/statutory bodies provide, in ethnic languages on their web sites, information on their services;

    (3)whether the various government departments/statutory bodies have adopted uniform criteria for determining the need for providing, in ethnic languages, printed and/or online information on their services; if they have, of the details; and

    (4)given that the recorded messages of the telephone enquiry services currently provided by various government departments are in Cantonese, Putonghua or English only, and it is difficult for those EMs who do not speak such dialects or languages to use such services, whether the authorities will require various government departments and recommend various statutory bodies to improve their telephone enquiry services by providing recorded messages in ethnic languages or an option for connecting the callers to interpreters proficient in ethnic languages, so as to ensure that EMs can obtain timely information on public services?
Public Officer to reply : Secretary for Home Affairs

12. Hon Albert CHAN to ask: (Translation)


Recently, some members of the public have relayed to me that the rear seats of some van-type light goods vehicles ("LGVs") are not fitted with seat belts, and in the past few years, a number of passengers in such seats were seriously injured or killed in traffic accidents. In this connection, will the Government inform this Council:
  • (1)of the numbers of traffic accidents involving van-type LGVs in each of the past five years, and the respective numbers of rear seat passengers injured and killed in these accidents because such seats were not fitted with seat belts;

    (2)whether it knows the current number of van-type LGVs the rear seats of which are not fitted with seat belts;

    (3)whether measures are in place to ensure that all the rear seats of van-type LGVs are fitted with seat belts to protect passenger safety; if so, of the details; if not, the reasons for that; and

    (4)whether the authorities will consider enacting legislation to require all the rear seats of van-type LGVs to be fitted with seat belts; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

13. Hon Charles Peter MOK to ask: (Translation)


It is learnt that incidents of works contractors damaging underground optical fibre cables or telecommunications devices when carrying out excavation or underground works have occurred from time to time. Such incidents often affect telecommunications services, causing inconvenience and losses to telecommunications service users. In addition, the Electricity Supply Lines (Protection) Regulation (Cap. 406 sub. leg. H) and the Gas Safety (Gas Supply) Regulations (Cap. 51 sub. leg. B) respectively provide that a person who carries out any works shall take all reasonable measures to prevent the occurrence of an electrical accident or an interruption to the supply of electricity arising from those works and to protect the gas pipe from damage, while telecommunications devices, networks and lines (collectively referred to as "telecommunications infrastructures") are not protected by similar legislation. On the other hand, some residents in remote areas have relayed to me that the speed of Internet access in these areas is unsatisfactory. They have pointed out that since telecommunications infrastructures are closely related to industrial and commercial activities, the daily lives of members of the public as well as competitiveness of society, the Government should endeavour to assist telecommunications service providers in protecting and enhancing telecommunications infrastructures. In this connection, will the Government inform this Council:
  • (1)whether it knows the number of cases in each of the past three years in which underground telecommunications infrastructures were damaged due to the carrying out of works and, among these cases, the number of those in which telecommunications services were affected, with a tabulated breakdown by type of works project (i.e. railway projects, public works projects and other works projects);

    (2)of the details of the measures currently taken by the authorities to protect various infrastructures (including water supply, electricity supply and town gas) from damage; the differences between such measures and the measures to protect telecommunications infrastructures; whether the authorities will enact legislation as well as formulate penalty mechanisms and measures to require works contractors to take all reasonable measures to prevent telecommunications infrastructures from damage arising from the carrying out of works; if they will, of the details; and

    (3)how the authorities assist telecommunications service providers in enhancing telecommunications infrastructures in remote areas with a view to increasing the connection speed of the Internet; whether they have plans to set the lowest acceptable connection speed of the Internet and formulate specific plans and timetable for making the connection speeds of the Internet in various districts in Hong Kong attaining that level?
Public Officer to reply : Secretary for Commerce and Economic Development

14. Hon Frederick FUNG to ask: (Translation)


Some members of the public have relayed to me that on a number of occasions recently, they saw people riding electric unicycles on pavements and cycle tracks. It is learnt that some electric unicycles, after being charged for an hour, can travel 25 kilometres at a maximum speed of 16 kilometres per hour, and members of the public can purchase electric unicycles at certain shopping malls and online shopping web sites. In this connection, will the Government inform this Council:
  • (1)given that the interpretation of a "motor vehicle" under the Road Traffic Ordinance (Cap. 374) is "any mechanically propelled vehicle", whether an electric unicycle is a motor vehicle as defined by the Ordinance;

    (2)of the respective numbers of cases in which the authorities issued verbal warnings to and instituted prosecutions against people who had contravened the relevant legislation for riding electric unicycles, as well as the number of traffic accidents involving electric unicycles, in the past two years;

    (3)whether, in the past two years, the authorities looked into the sales situation of electric unicycles on the Internet and in the market, and whether the relevant government departments took any law enforcement actions; and

    (4)whether it has found out which major world cities where it is legal to ride electric unicycles on the roads at present; given that due to their increasingly good quality and reasonable prices, light and convenient means of transport such as electric unicycles have become more popular worldwide, whether the authorities will make reference to the experience of the transport authorities overseas and consider amending the legislation to permit the use of light and convenient means of transport such as electric unicycles on the roads in Hong Kong subject to compliance with conditions such as specified safety requirements and speed restrictions; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


It has been reported that some candidates who sat for the Hong Kong Diploma of Secondary Education Examination ("HKDSEE") this year complained respectively that during the Chinese Language and English Language listening tests, there was interference with the sound broadcast of the content of the tests by the Radio Television Hong Kong, and that Chinese translation was not provided for the abbreviations of English proper nouns in the Chinese examination papers on the Biology subject. In connection with the arrangements for HKDSEE, will the Government inform this Council:
  • (1)if it knows whether the Hong Kong Examinations and Assessment Authority ("HKEAA") has conducted comprehensive investigations into the aforesaid complaints; if HKEAA has, of the details of the investigations, the latest progress and follow-up actions; if not, whether HKEAA will conduct investigations immediately; if HKEAA will not, of the reasons for that;

    (2)whether it knows the number of candidates, in each of the past three years, requesting to take the listening tests of the Chinese Language or English Language subjects in the "Special Room" in the examination centres before or during the tests, with a breakdown by subject and the time gap between the candidate entering the "Special Room" and the commencement of the test concerned;

    (3)whether it knows the number of complaints about HKDSEE received by HKEAA from candidates in each of the past three years, with a breakdown by subject; of the details of the investigation results of such complaints and the follow-up actions; and

    (4)as it has been reported that Chinese translation was provided for the abbreviations of English proper nouns in last year's Chinese examination papers on the Biology subject but there was no such an arrangement this year, if it knows the criteria based on which HKEAA determines whether Chinese translation of English terms needs to be provided in Chinese examination papers, and whether consistent criteria are adopted for various subjects; if they are not adopted, of the respective criteria for various subjects?
Public Officer to reply : Secretary for Education

16. Hon Paul TSE to ask: (Translation)


Trade licences and trade plates ("T plates") are issued to vehicle manufacturers for delivery of vehicles, motor dealers for presale demonstration of vehicles to potential customers, and vehicle repairers for testing of serviced vehicles. In reply to a question raised by a Member of this Council in March 2013 on the Estimates of Expenditure 2013-2014, the Government pointed out that it had amended the relevant legislation in July 2012 to strengthen the monitoring mechanism for preventing abuse in the use of T plates. However, early last month, a traffic accident happened in which a works vehicle with the T plate lost control and caused the death of a pedestrian. In this connection, will the Government inform this Council:
  • (1)of the progress of the Police's investigation into whether illegal use of the T plate was involved in the aforesaid traffic accident;

    (2)of the respective numbers of reports and convictions relating to illegal use of T plates in each of the past three years; among such convictions, of the respective numbers of cases involving attempts to evade payments for the vehicle first registration tax or vehicle licence fees, and driving vehicles not yet tested by the authorities on compliance with safety and environmental protection requirements;

    (3)of the number of vehicles with T plates that the Police intercepted (among such vehicles, the respective numbers of trucks and works vehicles), as well as the number of cases involving illegal use of T plates uncovered during such law enforcement operations, in each of the past three years;

    (4)as it has been reported that insurance companies generally provide T plate holders with third party risk insurance coverage only, and they may refuse to pay compensations for traffic accidents which occurred while T plates were used illegally, of the average amount of damages awarded in respect of traffic accidents involving illegal use of T plates, as well as the highest amount of awarded damages, in each of the past three years; whether it knows if there were cases in which the convicted persons could not pay the full amount of awarded damages; if there were, of the details; and

    (5)whether it has conducted any study on further amending the relevant legislation and stepping up law enforcement, so as to curb the abuse in the use of T plates?
Public Officer to reply : Secretary for Transport and Housing

III. Bills



First Reading

Peak Tramway (Amendment) Bill 2015

Second Reading (Debate to be adjourned)

Peak Tramway (Amendment) Bill 2015 :Secretary for Transport and Housing

Committee Stage and Third Reading

Appropriation Bill 2015:The Financial Secretary

Amendments to heads of estimates in
committee of the whole Council on the Appropriation Bill 2015

Dr Hon Kenneth CHAN, Hon Claudia MO, Hon WONG Yuk-man, Hon Albert CHAN, Hon Gary FAN, Dr Hon KWOK Ka-ki, Hon CHAN Chi-chuen, Hon LEUNG Kwok-hung, Hon Emily LAU, Dr Hon Helena WONG, Hon Albert HO, Hon WU Chi-wai, Hon James TO, Hon Cyd HO, Hon LEE Cheuk-yan, Hon CHEUNG Kwok-che and Dr Hon Fernando CHEUNG to move Committee stage amendments in the Appendix.

(These amendments were also issued on 20 and 21 April 2015 under LC Paper Nos. CB(3)602/14-15 and CB(3)613/14-15 respectively)

(Debate and voting arrangements for Committee stage amendments to the Appropriation Bill 2015 (issued on 20 April 2015 under LC Paper No. CB(3)607/14-15))

Other Public Officers to attend the Committee stage:The Chief Secretary for Administration
The Secretary for Justice
Secretary for Transport and Housing
Secretary for Home Affairs
Secretary for Labour and Welfare
Secretary for Financial Services and the Treasury
Secretary for Commerce and Economic Development
Secretary for Constitutional and Mainland Affairs
Secretary for Security
Secretary for Education
Secretary for the Civil Service
Secretary for Food and Health
Secretary for the Environment
Secretary for Development
Under Secretary for Home Affairs
Under Secretary for the Environment
Under Secretary for Transport and Housing
Under Secretary for Security
Under Secretary for Food and Health
Under Secretary for Education
Under Secretary for Constitutional and Mainland Affairs
Under Secretary for Commerce and Economic Development
Under Secretary for Financial Services and the Treasury
Under Secretary for Development
Under Secretary for Labour and Welfare

IV. Members' Motions



1.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. 18/14-15 of the House Committee laid on the Table of the Council on 6 May 2015 in relation to the subsidiary legislation and instrument(s) as listed below:

Item NumberTitle of Subsidiary Legislation or Instrument

(2)District Councils Ordinance (Amendment of Schedule 7) Order 2015 (L.N. 49/2015)

(3)Maximum Amount of Election Expenses (District Council Election) (Amendment) Regulation 2015 (L.N. 50/2015).


Public Officer to attend : Secretary for Constitutional and Mainland Affairs

2.Enacting legislation on standard working hours

Hon CHAN Yuen-han to move the following motion:
(Translation)

That this Council urges the Government to expeditiously enact legislation on standard working hours, the contents of which must set the number of standard working hours at 44 per week and rates of overtime pay.

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

To add "the Standard Working Hours Committee earlier proposed to enact legislation to stipulate in employment contracts the hours of work, rest periods and meal breaks, as well as the method of overtime compensation, etc.; this Council strongly opposes the Government's attempt to use 'contractual working hours' proposal in lieu of enactment of legislation to regulate working hours, and expresses deep regret that the Chief Executive fails to honour his pledge to 'examine legislative proposals on standard working hours' as set out in his election manifesto;" after "That"; and to add "and endeavour to complete the relevant legislative procedures within the current term of the Legislative Council" after "on standard working hours".

(ii)Hon IP Kin-yuen to move the following amendment: (Translation)

To add ", as the problem of overtime work is serious among employees in Hong Kong and the weekly working hours of some job types, such as teachers, can be as long as 60 hours," after "That"; and to add "; in setting standard working hours, the Government must take into account the situation of different trades and industries, and particularly in respect of education, it should conduct a study on the regulation of the teaching hours or periods of school teachers modelled on the practices in other countries, so as to maintain a reasonable workload for teachers and prevent them from being fatigued at work, thereby enhancing the quality of teaching" immediately before the full stop.

(iii)Hon YIU Si-wing to move the following amendment: (Translation)

To add ", given the differences in the job nature of various trades and industries," after "That"; to delete "expeditiously enact legislation on standard working hours, the contents of which must" after "urges the Government to" and substitute with ", when conducting studies on enacting legislation to"; and to add ", fully consult various trades and industries (including the tourism industry) and assess the impact of the legislation on the relevant trades and industries, so as to avoid creating negative and far-reaching impact on society and the economy as a result of hasty enactment of legislation" immediately before the full stop.

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

To delete "urges the Government to expeditiously enact legislation on standard working hours, the contents of which must set the number of standard working hours at 44 per week and the rates of overtime pay" immediately before the full stop and substitute with "requests the Standard Working Hours Committee to continue to promote in-depth discussion in society on matters relating to the regulation of working hours, and make recommendations to the Government after forging a consensus on enacting legislation on standard working hours or other proposals for regulating working hours, and the Government must adopt appropriate measures to implement the relevant recommendations".

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

To delete "at 44" after "the number of standard working hours".

Public Officers to attend: Secretary for Labour and Welfare
Under Secretary for Labour and Welfare

3.Abolishing the Lump Sum Grant Subvention System and the competitive bidding system implemented in the social welfare sector

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

That, on 1 January 2001, the Government abolished the previous reimbursement-based subvention system on the grounds that the system was 'inflexible, complex and bureaucratic', and introduced the Lump Sum Grant Subvention System and subsequently a competitive bidding system to commission services through a bidding process open to non-governmental organizations ('NGOs'); however, so far there has been no objective study confirming that the Lump Sum Grant Subvention System may enhance NGOs' flexibility in deploying resources to address social needs; on the contrary, for increasing cumulative reserves, some NGOs have resorted to layoffs and pay cuts and some NGOs even have to return to the Government their excess amounts of reserves exceeding the cumulative limit, whereas the Best Practice Manual formulated by the Administration for NGOs has no binding effect; in fact, the Lump Sum Grant Subvention System and the competitive bidding system have seriously affected the ecology of the social welfare sector, including affecting the normal movements of 'Snapshot Staff', causing a high turnover rate of newly recruited contract staff, and giving rise to unequal pay for equal work between NGOs and the Social Welfare Department as well as among NGOs, thus resulting in the delink of staff salaries from the salary structures and pay scales of the civil service, the absence of protection from inflation-based annual adjustments to pay rates and performance-based pay increases for staff, the maximum salaries for most positions being forced to be set below the mid-point of the salary scale of common posts in the NGOs, with the salaries of some staff members even below the entry pay point on that pay scale, giving rise to phenomena such as succession gap in the profession, short-term contract employment and excessive workloads, etc.; in respect of the provision of services, the two systems have also caused NGOs to treat each other as bidding competitors, thereby impeding the possibility of experience sharing and joint exploration of promoting service development among themselves; some NGOs have even increased fees and charging items and employed less staff to increase financial revenue, while the Government also allows NGOs to set aside large amounts of subventions as reserves without using them for providing social services, thus affecting the quality of social services and long-term social welfare planning; given that most of these NGOs are important service providers for the grassroots and the underprivileged, the cap on expenditure and the absence of staff establishment have directly hindered the provision and development of social services, eventually affecting members of the public in need; in this connection, this Council urges the Government to immediately abolish the Lump Sum Grant Subvention System and the competitive bidding system, and reinstate the reimbursement-based subvention system, so as to restore the healthy ecology of the social welfare sector, improve social welfare services and promote long-term social welfare planning.

Amendments to the motion
(i)Hon IP Kin-yuen to move the following amendment: (Translation)

To delete "," after "That" and substitute with "non-governmental organizations ('NGOs') in the social welfare sector are very important social welfare service providers, and many social welfare organizations, apart from operating various front-line social services, also operate quite a number of kindergartens and child care centres to provide early childhood education;"; to delete "non-governmental organizations (' " after "open to"; to delete " ') " before "; however"; to add "recently, it has even been reported that the Lump Sum Grant Subvention System will also be applied to the implementation of free kindergarten education, with the amount of subsidies calculated on the basis of the median salary of kindergarten teachers across the territory, letting the organizations operating kindergartens set their own salaries for kindergarten teachers;" after "in need;"; and to add "; in addition, the Government should not further extend the Lump Sum Grant Subvention System to the operation of subsidized kindergartens by calculating the amount of their subsidies on the basis of the median salary of kindergarten teachers, and allowing the social welfare organizations or other agencies operating kindergartens to deploy at their own discretion the total subvention for operating costs and salaries of teaching staff, so as not to seriously affect the quality of services and subject kindergarten teachers to pay freezes and pay cuts" immediately before the full stop.

(ii)Hon LEUNG Che-cheung to move the following amendment: (Translation)

To delete ", on 1 January 2001, the Government abolished the previous reimbursement-based subvention system on the grounds that the system was 'inflexible, complex and bureaucratic', and introduced the Lump Sum Grant Subvention System and subsequently a competitive bidding system to commission services through a bidding process open to non-governmental organizations ('NGOs'); however, so far there has been no objective study confirming that the Lump Sum Grant Subvention System may enhance NGOs' flexibility in deploying resources to address social needs; on the contrary, for increasing cumulative reserves, some NGOs have resorted to layoffs and pay cuts and some NGOs even have to return to the Government their excess amounts of reserves exceeding the cumulative limit, whereas the Best Practice Manual formulated by the Administration for NGOs has no binding effect; in fact, the Lump Sum Grant Subvention System and the competitive bidding system have seriously affected the ecology of the social welfare sector, including affecting the normal movements of 'Snapshot Staff', causing a high turnover rate of newly recruited contract staff, and giving rise to unequal pay for equal work between NGOs and the Social Welfare Department as well as among NGOs, thus resulting in the delink of staff salaries from the salary structures and pay scales of the civil service, the absence of protection from inflation-based annual adjustments to pay rates and performance-based pay increases for staff, the maximum salaries for most positions being forced to be set below the mid-point of the salary scale of common posts in the NGOs, with the salaries of some staff members even below the entry pay point on that pay scale, giving rise to phenomena such as succession gap in the profession, short-term contract employment and excessive workloads, etc.; in respect of the provision of services, the two systems have also caused NGOs to treat each other as bidding competitors, thereby impeding the possibility of experience sharing and joint exploration of promoting service development among themselves; some NGOs have even increased fees and charging items and employed less staff to increase financial revenue, while the Government also allows NGOs to set aside large amounts of subventions as reserves without using them for providing social services, thus affecting the quality of social services and long-term social welfare planning; given that most of these NGOs are important service providers for the grassroots and the underprivileged, the cap on expenditure and the absence of staff establishment have directly hindered the provision and development of social services, eventually affecting members of the public in need" after "That" and substitute with "seven years have passed since the Government conducted its first review on the Lump Sum Grant Subvention System in 2008 and during that period, the economic and social environment of Hong Kong has changed tremendously"; to delete "immediately abolish the Lump Sum Grant Subvention System and the competitive bidding system, and reinstate the reimbursement-based subvention system, so as to restore the healthy ecology of the social welfare sector," after "the Government to" and substitute with "review afresh the Lump Sum Grant Subvention System, including the amounts of subventions of Lump Sum Grant as well as the benefits and remuneration packages for front-line staff and the competitive bidding system, and to examine the compliance with the Best Practice Manual by social welfare organizations, etc., so as to provide social welfare organizations with sufficient resources to"; to delete "social welfare" after "improve"; and to add "retain talents, and at the same time to enhance the financial transparency of these organizations to ensure proper utilization of public resources to" before "promote".

Public Officers to attend:Secretary for Labour and Welfare
Under Secretary for Labour and Welfare

Clerk to the Legislative Council