A 14/15-26

Legislative Council

Agenda

Wednesday 13 May 2015 at 11:00 am

I. Tabling of Paper



Report No. 19/14-15 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 Charles Peter MOK to ask: (Translation)


In 2011, the Government launched the portal, Data.Gov.HK, for release of public sector information ("PSI") in digital formats for re-use by the public free of charge. The information on the portal is provided by various government departments and public organizations with the aim of stimulating community creativity and ingenuity by enabling the public to make use of PSI data to develop innovative and practical applications for bringing convenience to the public and benefiting the community. In this connection, will the Government inform this Council:
  • (1)whether an interconnection mechanism is in place among the various policy bureaux, government departments and public organizations for the integration of PSI data released through Data.Gov.HK and the facilitation of the shared use of such data; if so, of the details; if not, whether the authorities will study the feasibility of setting up such an interconnection mechanism;

    (2)whether it will consider putting in place an interconnection mechanism among the various policy bureaux, government departments and public organizations for the shared use of closed data, so as to improve work efficiency and encourage users to make use of the data to develop new applications;

    (3)whether the various policy bureaux and government departments have adopted common standards for the management and analysis of various kinds of PSI data at present, so as to enhance the Government's electronic services and upgrade the quality of public services; if they have, of the details;

    (4)of the respective numbers of courses on information technology topics, such as Big Data analysis, data management, etc., among the induction courses, continuing education courses and e-learning resources as well as the external courses under the Training Sponsorship Scheme organized by the authorities for civil servants in the past three years; whether the authorities will allocate additional resources and manpower to provide more trainings in PSI data for civil servants;

    (5)whether it has studied adding requirements on the collection, management and release of PSI data when granting franchises, licenses or service contracts to public utilities, telecommunications service providers, public transport operators and the organizations providing education, financial and social services, so as to promote the application of PSI data and develop Hong Kong into a smart city; if it has, of the specific details;

    (6)whether it will study hiring private companies to assist the various government departments in the management and analysis of PSI data and engagement of the advisory services of such companies; and

    (7)whether the authorities will provide subsidies for developers of applications to assist them in developing new products using PSI data, so as to encourage more talents to join the telecommunications and information technology industries and promote the development of these industries?
Public Officer to reply : Secretary for Commerce and Economic Development

2. Hon Paul TSE to ask: (Translation)


On the 26th of last month, an explosion and fire occurred in a vehicle repair workshop located on the ground floor of a residential building in Tsz Wan Shan, resulting in a number of casualties. Afterwards, many people residing on the floors above the workshop and in the vicinity called me to enquire about the regulation of vehicle repair workshops (especially those alleged to have engaged in illegal repair of liquefied petroleum gas ("LPG") vehicles) and the safety of their premises. Besides, some taxi drivers pointed out at a radio interview that even though they knew that certain vehicle repair workshops were not workshops approved for repairing the fuel system of LPG vehicles ("approved workshops"), they still must patronize them as instructed by vehicle owners in order to keep their means of living. In this connection, will the Government inform this Council:`
  • (1)of the number of vehicle repair workshops in Wong Tai Sin District, and among them, the number of workshops located on the ground floor of residential buildings;

    (2)among the 29 approved workshops in Hong Kong, of the number of those located in Wong Tai Sin District;

    (3)whether the authorities have immediately inspected the workshops in Wong Tai Sin District after the occurrence of the aforesaid incident to check if they have contravened the Fire Safety (Buildings) Ordinance (Cap. 572) and the Gas Safety Ordinance (Cap. 51); if so, of the details, including whether cases of repair of LPG vehicles without approval have been found; if not, whether they can conduct inspections immediately; and

    (4)what policies and measures are in place to impose regulation on taxi and minibus companies and vehicle owners who, for the purpose of saving repair costs, have the fuel systems of their vehicles repaired by workshops which they know are not approved workshops?
Public Officer to reply : Secretary for the Environment

3. Hon Frederick FUNG to ask: (Translation)


It has been reported that the Central People's Government ("CPG") plans to draft the "Method for the Appointment of Chief Executives of Special Administrative Regions" ("the Appointment Method") within this year to regulate the appointment of the Chief Executives ("CEs") of both the Hong Kong and Macao Special Administrative Regions. Some members of the public are worried that the purpose of CPG formulating the Appointment Method is to impose new requirements on the eligibility for the office of CE beyond those in the Basic Law. In this connection, will the Government inform this Council:
  • (1)whether it has approached CPG to gain an understanding on the drafting of the Appointment Method; if it has, of the details, including the purposes of formulating the Appointment Method as well as the effects expected to be achieved by, and the specifics of, the Appointment Method;

    (2)whether it has conducted any assessment on the possible impact of CPG's formulation of the Appointment Method on the selection procedures for CE, including (i) whether the inclusion of the new requirements on the eligibility for the office of CE in the Appointment Method will contravene local legislation, (ii) whether manipulation of the selection procedures for CE will be resulted, (iii) whether an unlevel playing field for the election of CE will be created, and (iv) whether corresponding amendments to local legislation are required; if it has not conducted such an assessment, of the reasons for that; and

    (3)whether the authorities will truly reflect to CPG the worries of Hong Kong people about CPG's formulation of the Appointment Method and urge CPG to respect the policy of "one country, two systems" and the principles of "Hong Kong people ruling Hong Kong" and "a high degree of autonomy" by avoiding taking any moves that may possibly violate such policy and principles; if they will not, of the reasons for that?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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


In connection with the safety of vehicle repair work and training for vehicle mechanics, will the Government inform this Council:
  • (1)of the current number of liquefied petroleum gas ("LPG") vehicles in Hong Kong, and the respective numbers of taxis and light buses among them;

    (2)of the current number of mechanics qualified for repairing the fuel systems of LPG vehicles; whether it knows the number of them who are currently engaged in vehicle repair work;

    (3)whether it knows the contents of the 19 training courses on motor vehicle repair currently provided by the Vocational Training Council;

    (4)of the current number of mechanics registered under the Voluntary Registration Scheme for Vehicle Mechanics; whether it knows (i) the number of them who are currently engaged in vehicle repair work, and (ii) the percentage of them in the total number of vehicle mechanics;

    (5)of the current number of workshops registered under the Voluntary Registration Scheme for Vehicle Maintenance Workshops, and the percentage of them in the total number of vehicle repair workshops in Hong Kong;

    (6)whether it has assessed if the implementation progress of the two schemes mentioned in (4) and (5) is satisfactory; if the assessment result is in the affirmative, whether the authorities will strengthen the regulatory measures (such as mandating all mechanics and workshops to be registered); if they will, of the implementation timetable;

    (7)whether the Government has regularly organized safety seminars for mechanics in respect of high-risk vehicle repair work; and

    (8)of the number of vehicle repair workshops inspected by the Electrical and Mechanical Services Department ("EMSD"), and whether EMSD took enforcement actions against contraventions of the Gas Safety Ordinance (Cap. 51), in each of the past three years; if so, of the details?
Public Officer to reply : Secretary for Transport and Housing

5. Hon Kenneth LEUNG to ask: (Translation)


It has been reported that there have been recent prosecution cases involving public assemblies which were withdrawn by prosecutors right before trial. Some members of the public suspect that this situation was caused by the Police instituting prosecutions without prior consultation with the Department of Justice on whether the relevant evidence was sufficient to justify a reasonable prospect of conviction. Besides, when recently trying a case involving a public assembly, a magistrate criticized a police officer for testifying dishonestly and advised the authorities to refer the matter to the Complaints Against Police Office for follow up. In this connection, will the Government inform this Council:
  • (1)whether the Police seek, as a general practice, the advice of the Department of Justice before deciding if prosecution is to be instituted against persons involved in public processions and assemblies; if they do, of the details of the relevant guidelines and procedures; of the number of such cases in which the Police sought the advice of the Department of Justice beforehand and the number of persons involved in such cases between September last year and April this year; whether the Police is obliged to follow the advice of the Department of Justice if the advice is against the institution of prosecution;

    (2)of the following information on the prosecution cases involving public processions and assemblies each month from September last year to April this year: (i) the number of persons arrested, (ii) the number of persons prosecuted, (iii) the number of persons who were prosecuted but then the prosecutions were unconditionally withdrawn by prosecutors, (iv) the number of persons who were prosecuted but then allowed to enter into the "offering no evidence" bind-over arrangement instead of being prosecuted, (v) the number of persons involved in cases that are under trial or listed for trial, (vi) the number of persons convicted, and (vii) the number of persons acquitted;

    YearMonth(i)(ii)(iii)(iv)(v)(vi)(vii)
    2014 September       
    October       
    November       
    December       
    2015 January       
    February       
    March       
    April       

    (3)regarding the prosecution cases mentioned in (2), of the number of cases in which the Police did not seek the advice of the Department of Justice before prosecutions were instituted and the relevant reasons for that; and

    (4)of the measures in place for the Department of Justice and the Police to ensure that police officers testify honestly and accurately; the consequences to be faced by a police officer when he/she is alleged of testifying dishonestly by the judge during the trial, and how the Department of Justice and the Police follow up such cases; the number of such cases investigated by the authorities in the past five years, and among such cases, the respective numbers of cases in which police officers were disciplined, prosecuted and convicted?
Public Officer to reply : Secretary for Security

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


Last month, an explosion and fire accident occurred in a vehicle repair workshop located on the ground floor of a residential building, resulting in a number of casualties. As a liquefied petroleum gas ("LPG") taxi under repair was found at the scene, the authorities are investigating if the accident was caused by LPG leakage from the taxi. Some members of the public are concerned whether there are loopholes in the mechanisms for regulating vehicle repair workshops and gas safety, and whether the authorities have strictly enforced the Fire Safety (Buildings) Ordinance (Cap. 572) and the Gas Safety Ordinance (Cap. 51). In this connection, will the Government inform this Council:
  • (1)of the current number of gas safety inspectors in Hong Kong; in the past three years, the number of vehicle repair workshops inspected by them and the number of improvement notices issued by them;

    (2)in the past three years, of the number of vehicle repair workshops inspected by the Fire Services Department and the number of fire safety directions issued to those workshops which had contravened the requirements;

    (3)whether the authorities will step up inspections on high-risk spots, such as vehicle repair workshops, so as to ensure that gases and inflammable substances are properly disposed of; whether they will conduct a comprehensive review on whether there are loopholes in the existing regulatory systems for gases and dangerous goods;

    (4)whether it has assessed if the existing 29 workshops approved for repairing the fuel systems of LPG vehicles in Hong Kong can meet the demand of about 20 000 LPG taxis for repair services;

    (5)given that some members of the public have pointed out that some taxi drivers, for the sake of convenience, have their LPG taxis repaired by vehicle repair workshops nearby, without regard to whether these workshops are approved for repairing the fuel systems of LPG vehicles, what measures the authorities have in place to eradicate these practices; and

    (6)of the current number of vehicle repair workshops located on the ground floor of residential buildings; given that some members of the public have pointed out that a large number of inflammable substances are generally stored in these workshops, in case of explosion, the residential areas in the vicinity may be affected, what measures the authorities have in place to make these workshops move out of residential areas; whether they will consider introducing a licensing regime for vehicle repair workshops in order to regulate them?
Public Officer to reply : Secretary for the Environment

7. Dr Hon LEUNG Ka-lau to ask: (Translation)


On 9 January this year, the Hong Kong Red Cross ("Red Cross") Blood Transfusion Service indicated on its web page that its blood inventories were persistently on the low side, standing at only 50% of its normal blood stock, and the average daily quantity of blood collected fell short of the average daily quantity of blood demanded by hospitals, which may affect blood supply and clinical transfusion treatment of patients. In this connection, will the Government inform this Council:
  • (1)whether it knows the monthly number of blood donors in various districts in the past three years, with a breakdown by age group and gender;

    (2)whether it knows the breakdown of the number of blood donors in the past three years by (i) blood donation venue/occasion (i.e. donor centres, blood donation centres of tertiary institutions, mobile donation vehicles and mobile donation activities) and (ii) number of previous donations (once, twice, thrice, four times, five times or above);

    (3)whether it knows the average daily quantity of blood used by the specialties of various public and private hospitals in the past three years; and

    (4)whether it has estimated the average daily quantity of blood demanded by the specialties of various public and private hospitals in the next three years; whether any long-term measures are in place to ensure that Red Cross has sufficient blood inventories in stock; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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


Quite a number of persons who were detained in the cell holding units in the Magistrates' Courts and the High Court awaiting transfers to correctional facilities ("detainees") have complained to me that the food provided there is small in portion and limited in choice. Also, such food does not cater for their cultural backgrounds, religions and health problems. In this connection, will the Government inform this Council:
  • (1)of the criteria adopted by the authorities for selecting suppliers to provide food to detainees ("suppliers");

    (2)of the types of food and the average weight of each set of food provided to detainees by the authorities in the past five years;

    (3)of the list of suppliers designated by the authorities in the past five years, the relevant contract periods and the contract price of each set of food (set out the information by the Magistrates' Courts and the High Court);

    (4)whether the authorities provide detainees with appropriate food having regard to their cultural backgrounds, religions and health problems; if they do, of the average weight and price of each set of food provided by the authorities in the past five years to detainees (i) of different cultural backgrounds (such as Oriental, Western, Indian and Pakistani culture), (ii) of different religions (such as Buddhism, Christianity, Hinduism and Islam) and (iii) with different health problems (such as diabetes and high blood pressure), as well as the respective numbers of detainees involved; if not, the reasons for that, and whether the authorities will consider providing detainees with appropriate food with regard to their special needs;

    (5)whether the relatives and friends of detainees are allowed to arrange on their own food for detainees, such as buying food from designated suppliers; if so, of the relevant procedures; if not, how the authorities determine whether the food so provided caters for the special needs of detainees;

    (6)whether detainees are presently allowed to order food from designated suppliers by themselves; if so, of the list of suppliers, the relevant contract periods and the contract price of each set of food; and

    (7)whether the authorities regularly review the mechanism for providing food to detainees so as to ensure that the food cater for their special needs, and the interests of the detainees are protected; if the authorities do not, of the reasons for that; if they do, the frequency of such reviews, the government departments participating in such reviews as well as the dates and details of the last and the next review; whether the authorities will disclose the review information?
Public Officer to reply : Secretary for Security

9. Hon TAM Yiu-chung to ask: (Translation)


Regarding the problems of young people abusing drugs and committing drug offences, will the Government inform this Council:
  • (1)of the number of young people arrested for alleged drug abuse or drug offences in each year since 2013, with a breakdown in the table below;

     Number of arrested persons
    Alleged drug abuse/offences committed201320142015
    Below 1818 to 35Below 1818 to 35Below 1818 to 35
    Abuse of soft drugs      
    Trafficking of soft drugs      
    Abuse of non-soft drugs      
    Trafficking of non-soft drugs      
    Total      

    (2)whether the authorities analyzed in the past three years the data concerning drug abuse and drug offences committed by young people; if they did, of the details, whether the number of such persons shows an upward trend and whether the ages of such persons show a downward trend; if they did not conduct the analysis, the reasons for that; and

    (3)whether the authorities have plans to implement new policies to curb young people abusing drugs and committing drug offences; if they do, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

10. Hon IP Kin-yuen to ask: (Translation)


In December 2013, the Curriculum Development Council set up an Ad Hoc Committee to conduct a full review of the curriculum of the junior secondary subject of Chinese History ("Chinese History"). On 17 April this year, the Education Bureau put forward a short-term recommendation on the basis of the review and commenced consultation with the education sector. It is proposed that under the short-term recommendation, only minor revision will be made, on the premise of not inducing any change to the curriculum content and textbooks, to the Chinese History curriculum along the line of "in-depth teaching of modern history and cursory teaching of ancient history", so as to enhance the teaching of modern history and to adjust the current proportion of modern history in the curriculum from one-third to one-half. Some Chinese History teachers have relayed to me that the authorities have all along not consulted the education sector extensively prior to introducing the short-term recommendation, and the consultation period of the short-term recommendation lasts merely one month. Such practices have deviated from those in the past. In this connection, will the Government inform this Council:
  • (1)as there are views that the current practice of teaching Chinese History, with two years and one year respectively allocated to the teaching of ancient history which straddles over several thousand years and to the teaching of modern history which involves only a hundred years or so, is already working along the line of "in-depth teaching of modern history and cursory teaching of ancient history", whether the authorities have assessed if the further increase in the proportion of modern history in the curriculum will weaken students' overall understanding of Chinese history;

    (2)as the short-term recommendation does not involve any textbook revision, whether there are support measures and plans in place for the authorities to help teachers adapt to the new curriculum; if there are, of the details; if not, the reasons for that;

    (3)as there are views that modern history involves quite a number of controversial incidents, with some of them still at a developing stage, the history records concerned are thus not comprehensive, how the authorities will ensure that the content of the new curriculum will take into account various historical perspectives, the teaching materials will not be biased, and the subject of Chinese History will not be reduced to a tool for instilling political orientations;

    (4)of the factors that the authorities will consider when deciding whether the syllabus, teaching materials and textbooks of a particular subject are to be reviewed; and

    (5)of the established procedures adopted by the authorities respectively for reviewing the syllabuses, teaching materials and textbooks of various subjects at senior secondary and junior secondary levels?
Public Officer to reply : Secretary for Education

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


Currently, owners of flats under the Home Ownership Scheme and the Private Sector Participation Scheme ("HOS/PSPS") must not sell, let, mortgage or remortgage, or in any way alienate or part with possession of their flats before paying a premium or obtaining approval from the Director of Housing, or else they contravene section 27A of the Housing Ordinance (Cap. 283) ("section 27A"). On the other hand, it was reported last month that as the land title records of thousands of HOS/PSPS flats with unpaid premium contained entries of encumbrances in loan agreements with finance companies, the relevant owners were alleged to have illegally remortgaged their flats. In this connection, will the Government inform this Council:
  • (1)of the number of applications received by the Housing Department from owners of HOS/PSPS flats with unpaid premium for remortgaging their flats and, among them, the number of approved cases, in each of the past five years;

    (2)of the respective numbers of cases involving alleged contraventions of section 27A into which investigations were conducted and in which prosecutions were instituted by the authorities, as well as the number of convictions, in the past five years;

    (3)whether, in the light of the aforesaid report, the authorities will take the initiative to conduct investigations; if they will, of the details and the timetable; if not, of the reasons for that;

    (4)given that in recent years, some HOS/PSPS flat owners have pointed out that quite a number of finance companies have launched loan schemes exclusively for HOS/PSPS flats with unpaid premium, thus misleading them into believing that remortgaging their flats is not illegal, how the authorities will step up publicity and law enforcement efforts to remind HOS/PSPS flat owners of the risks involved; and

    (5)whether the authorities and the relevant financial regulators have monitored the risks posed by mortgages of subsidized flats with unpaid premium, as well as the liabilities of the owners concerned, and assessed the impacts of the relevant situation on the overall property market; if not, whether the authorities will formulate measures to monitor and assess the relevant situation?
Public Officer to reply : Secretary for Transport and Housing

12. Hon Abraham SHEK to ask:


Will the Government inform this Council, in tabulated form, of the respective numbers of residential units produced from projects undertaken by the private sector in each of the years from 2012 to 2014 on sites involving applications for (i) lease modification, (ii) land exchange and (iii) private treaty grant?

Public Officer to reply : Secretary for Transport and Housing

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


In March this year, the authorities informed the Panel on Home Affairs of this Council of the outcome of the public consultation on the review of the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) ("the Ordinance") and proposed that the Ordinance be amended to enhance the licensing regime for guesthouses and facilitate law enforcement actions against unlicensed guesthouses. In this connection, will the Government inform this Council:
  • (1)as the authorities have estimated that around 280 licensed guesthouses are currently located in buildings whose Deeds of Mutual Covenant ("DMCs") contain explicit provisions prohibiting the premises concerned to be used as a hotel or guesthouse, of the name, address, number of rooms, and the remaining term of the guesthouse licence granted, in respect of each of such guesthouses;

    (2)as the authorities have proposed to amend the Ordinance to empower the Hotel and Guesthouse Accommodation Authority ("the Authority") to refuse to issue or renew a licence if the DMC of the building concerned contains any explicit provision prohibiting the premises concerned to be used as a hotel or guesthouse, or for commercial purpose, whether the authorities will, apart from giving the affected guesthouse licence holders a grace period of one year, support and assist such guesthouses, which are able to obtain licences under the original less-stringent policy, in relocating elsewhere to continue to operate; if they will, of the details; if not, the reasons for that; whether they have assessed the situation, after the enactment of the amendments to the Ordinance, of such guesthouses closing down because they cannot be relocated elsewhere for continuous operation; if they have, of the details; if not, the reasons for that; and

    (3)given that the authorities proposed in the relevant consultation paper three possible options regarding the local consultation on guesthouse licence applications, which included (i) conducting local consultation through District Officers and (ii) setting up an administrative independent panel, comprising non-official members, to make recommendations to the Authority after considering local views, and these two options received a similar level of support from respondents, whether the authorities have decided on the option to adopt; if they have, of the decision and the reasons for that; if not, the criteria based on which the authorities will decide on the option to adopt?
Public Officer to reply : Secretary for Home Affairs

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


This year marks the 25th anniversary of the promulgation of the Basic Law. In connection with the implementation and promotion of the Basic Law, will the Government inform this Council:
  • (1)whether it has assessed if the Central People's Government ("CPG") is satisfied with the implementation of the Basic Law in the Hong Kong Special Administrative Region ("SAR"); if it has, of the details; if not, the reasons for that;

    (2)given that Article 23 of the Basic Law stipulates that SAR shall enact laws on its own to prohibit any act of treason, secession, etc., of the reasons why the SAR Government still has no specific timetable for enacting laws to implement this provision so far; whether it has assessed the risks to national security of not having such laws enacted yet; if it has, of the details; if not, the reasons for that;

    (3)whether it has assessed if any foreign forces have attempted to sabotage the effective implementation of the Basic Law since the reunification and hence have affected its efforts to promote constitutional reform and implement universal suffrage for the selection of the Chief Executive ("CE"), etc.; if it has made such an assessment, of the details; if it has not, the reasons for that;

    (4)given that a member of Hong Kong deputies to the National People's Congress has earlier proposed that attending national studies courses on the Mainland should be made an entry requirement for prospective teachers, whether the authorities will adopt such a proposal or require teachers to pass a special pre-employment examination on the Basic Law; if they will, of the details; if not, the reasons for that;

    (5)whether, prior to CE nominating and reporting to CPG for appointment of principal officials under the accountability system, the authorities will assess such persons' understanding of the Basic Law, establish a regular mechanism to conduct the relevant assessments or evaluations on them after their assumption of office, and provide them with systematic training in this respect; and

    (6)given that some District Council members, Legislative Council Members and Executive Council Members are often alleged to have different understanding of certain provisions of the Basic Law, whether the Government will provide training for them to ensure that they have a consistent understanding of the provisions of the Basic Law; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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


The former Secretary for Transport and Housing indicated in 2007 that the newly established MTR Corporation Limited ("MTRCL") would conduct a comprehensive review of the Mass Transit Railway By-laws (Cap. 556 sub. leg. B) and the Mass Transit Railway (North-West Railway) Bylaw (Cap. 556 sub. leg. H) (collectively referred to as "the two sets of bylaws") within 12 months after the merger of the MTR Corporation Limited and the Kowloon-Canton Railway Corporation. In June 2010, the Government submitted to the Subcommittee on Matters Relating to Railways of this Council the proposed amendments to the two sets of bylaws put forward by MTRCL, but has given no account of the progress afterwards. Regarding the implementation of and amendments to the two sets of bylaws, will the Government inform this Council:
  • (1)whether the Government has already ceased its work on amending the two sets of bylaws; if it has, whether it is because the Government sees no need for making such amendments or the Government has ceased the relevant work upon the request of MTRCL, and whether the Government will restart the relevant amendment procedures; if it will, of the details; if it will not, the reasons for that;

    (2)whether it knows the respective total current numbers and contents of the notices and indicators within the railway premises under section 21 of the Mass Transit Railway By-laws and section 18 of the Mass Transit Railway (North-West Railway) Bylaw; and

    (3)of the respective numbers of prosecutions instituted under the two sets of bylaws in each of the past three years, with a breakdown by unlawful act?
Public Officer to reply : Secretary for Transport and Housing

16. Hon TANG Ka-piu to ask: (Translation)


Quite a number of owners of the Tenants Purchase Scheme ("TPS") flats have relayed to me that wiring faults and short circuits often occurred in their flats. However, when they had repair works carried out at their own expenses, they found that the wires and fuses in the meter rooms on their floors for supplying electricity to rental and sold units were of different specifications. They are worried that such situation will increase the risk of short circuits. In this connection, will the Government inform this Council:
  • (1)of the number of units sold under TPS so far since its launch;

    (2)whether, in the past five years, the Hong Kong Housing Authority ("HA") examined the risk of the wires and fuses in the meter rooms in housing blocks of TPS estates having different specifications causing short circuits, and whether HA received reports or complaints about related incidents; if so, how HA handled such cases;

    (3)given that HA provides a seven-year Structural Safety Guarantee for newly sold TPS units, whether the guarantee covers inspection and early replacement of power supply systems and related components; if not, how HA differentiates whether itself or the owners concerned should be held responsible for the repair works in the event of failures of the power supply systems for such units; whether TPS flat owners who purchased the flats at different time receive differential treatment in respect of the repair and maintenance of such systems; if so, of the details;

    (4)of the list of TPS estates for which HA carried out, in the past three years, large-scale inspections and repairs of the power supply systems, as well as the number of housing blocks involved, the scope of the repair works and the amount of expenditure incurred; whether, under the existing policy, HA is responsible for carrying out such repair works for TPS estates with rental units; if so, of HA's maximum level of commitment for the costs of the works; and

    (5)whether HA has regularly provided owners' corporations of TPS estates and owners of the sold TPS flats with a procurement list of spare parts for power supply systems to ensure that wires and fuses used in the same housing block are of the same specifications; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

III. Bills



First Reading

Bankruptcy (Amendment) Bill 2015

Second Reading (Debate to be adjourned)

Bankruptcy (Amendment) Bill 2015:Secretary for Financial Services and the Treasury

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 and 12 May 2015 under LC Paper Nos. CB(3) 607/14-15 and CB(3) 670/14-15))

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

Hon Cyd HO to move the following motion:

Resolved
that in relation to the -

(a)Merchant Shipping (Prevention of Pollution by Garbage) Regulation, published in the Gazette as Legal Notice No. 74 of 2015; and

(b)Merchant Shipping (Prevention of Pollution by Garbage) Regulation (Repeal) Regulation, published in the Gazette as Legal Notice No. 75 of 2015,

and laid on the table of the Legislative Council on 15 April 2015, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 3 June 2015.

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

Hon Andrew LEUNG to move the following motion:


that this Council takes note of Report No. 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

3.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

4.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