A 14/15-30

Legislative Council

Agenda

Wednesday 3 June 2015 at 11:00 am

I. Tabling of Papers



Subsidiary Legislation / InstrumentsL.N. No.
1.Pharmacy and Poisons (Amendment) (No. 4) Regulation 2015100/2015
2.Foreign Lawyers Practice (Amendment) Rules 2015101/2015
3.Solicitors' Practice (Amendment) Rules 2015102/2015
4.Limited Liability Partnerships (Top-up Insurance) Rules103/2015

Other Papers

1.No. 98-Supplemental Report of the Public Accounts Committee on Report No. 63 of the Director of Audit on the Results of Value for Money Audits
(June 2015 - P.A.C. Report No. 63A)
(to be presented by Hon Abraham SHEK, Chairman of the Committee, who will address the Council)

2.Report No. 22/14-15 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Andrew LEUNG, Chairman of the House Committee)

IIA. Questions under Rule 24(4) of the Rules of Procedure



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


A man, who had come into contact with a confirmed patient of Middle East Respiratory Syndrome ("MERS") in South Korea, arrived in Hong Kong by flight from South Korea on the 26th of last month. It has been reported that the man was questioned, as he had a fever, by a health officer about his conditions at the boundary control point at the airport, but he concealed his history of contact with a confirmed MERS patient and was finally allowed entry into Hong Kong. Subsequently, this man went from the airport to Huizhou in Guangdong Province via Sha Tau Kok by taking two cross-boundary coaches, and he was confirmed later to be a MERS patient. Since the man travelled together with quite a number of people on public transport during his stay in Hong Kong, quite a number of members of the public are concerned that MERS may spread in Hong Kong. In this connection, will the Government inform this Council:
  • (1)of the urgent and effective means adopted by the authorities for tracking the passengers who had come into close contact with the man when they travelled on the aforesaid two cross-boundary coaches, so as to take follow-up actions immediately;

    (2)of the contingency measures adopted by the authorities to handle the situation where persons entering the territory conceal from quarantine officers information relating to an epidemic; whether the authorities currently have the statutory power to compulsorily place a person at the boundary control points under isolation and compulsorily arrange the person concerned to receive further examination when the authorities have reason to believe that the person concerned is infected with MERS; and

    (3)given that the number of new MERS cases in South Korea has continued to rise in recent days, whether the authorities have grasped the latest situation of the MERS epidemic in South Korea, so as to take corresponding and urgent measures immediately; whether the authorities will, in response to the prevailing situation, immediately raise the alert response level and issue health advices and warnings to those Hong Kong people who intend to travel to South Korea for sight-seeing?
Public Officer to reply : Secretary for Food and Health

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


In South Korea, a spate of 20-odd infection cases of the Middle East Respiratory Syndrome ("MERS") has occurred recently. On the 26th of last month, a man who had come into contact with a confirmed patient of MERS in South Korea came to Hong Kong on a flight, and he then went from the airport to Huizhou in Guangdong Province via Sha Tau Kok by taking two cross-boundary coaches one after another. The mainland authorities subsequently confirmed that the man was a MERS patient. In this connection, will the Government inform this Council:
  • (1)since the outbreak of the MERS epidemic in South Korea, whether the authorities have enhanced the mechanism for mutual notification and assistance with that country and other relevant countries regarding the MERS outbreak, so as to curb the spread of MERS in Hong Kong; if not, whether they will immediately do so;

    (2)whether the authorities will immediately draw up a list of MERS-infected areas which Hong Kong people should avoid visiting; if so, of the details; if not, the circumstances under which they will consider drawing up such a list; and

    (3)whether the authorities will immediately review if the existing public healthcare system (including the isolation wards, healthcare personnel, medical apparatus and drugs in various public hospitals, as well as isolation facilities for providing temporary accommodation to people suspected of being infected with MERS) is capable of coping with an outbreak of the MERS epidemic?
Public Officer to reply : Secretary for Food and Health

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


Given that 20-odd confirmed cases of Middle East Respiratory Syndrome ("MERS") have recently been found in South Korea and that the authorities have enhanced the infection control for MERS in public hospitals, will the Government inform this Council whether it will require with immediate effect all people from the Middle East and South Korea to complete and submit health declaration forms when entering Hong Kong by sea or by air; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Food and Health

II. Questions



1. Hon Tommy CHEUNG to ask: (Translation)


The plastic shopping bag ("PSB") charging requirement at the retail level was fully implemented on 1 April this year. Free distribution of plastic bags is banned at all points of retail sales of goods, and customers must pay a charge of no less than 50 cents for each plastic bag requested by them. Owing to food hygiene considerations, plastic bags used to carry foodstuff which is without packaging, in non-airtight packaging or chilled or frozen state are exempted from the charge. Also, plastic bags provided alongside services are exempted from the charge. Some members of the public have relayed to me that since the Government's publicity efforts are insufficient and the information it disseminated is confusing, both shop operators and customers generally do not understand the details of the PSB charging requirement, resulting in frequent disputes over PSB charging between them. In this connection, will the Government inform this Council:
  • (1)as a member of the public has relayed to me that he was charged a fee for a plastic bag provided to him by the shop operator which was used for carrying both foodstuff in non-airtight packaging and items not provided alongside services, whether the charging of the fee was mandatory under the PSB charging requirement; if so, whether the authorities have assessed if such a requirement will give rise to confusion, resulting in members of the public being overcharged and shop operators breaching the law inadvertently;

    (2)as I have learnt that operators of small and medium shops generally have little understanding of the PSB charging requirement, whether the authorities will consider adopting a lenient approach in handling non-compliance cases during the initial stage of the implementation of the PSB charging requirement; if they will, of the general handling approach and procedures; if not, the reasons for that; and

    (3)whether the authorities will step up publicity on the PSB charging requirement, in particular by explaining to operators of small and medium restaurants as well as market traders the scope of the PSB charging requirement so as to allay their doubts; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

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


Between January 2009 and March this year, the average net tariffs of the Hongkong Electric Company Limited and the CLP Power Hong Kong Limited ("the two power companies") increased respectively by 15 cents/kilowatt hour ("kWh") from 119.9 cents/kWh to 134.9 cents/kWh (at an increase rate of 12.5%), and by 25 cents/kWh from 89.2 cents/kWh to 114.2 cents/kWh (at an increase rate of 28%). On the other hand, the Consumer Price Index (A) ("CPI(A)") rose from 109.5 in December 2009 to 128.6 in February this year (at an increase rate of 17.4%). Some members of the public have relayed to me that the aforesaid increase rates for average net tariffs were close to or higher than that for CPI(A) in the same period, which have imposed a financial burden on them. Regarding electricity tariffs, will the Government inform this Council:
  • (1)whether it knows, between January 2009 and March this year, the average monthly tariff expenditures of the residential electricity users of the two power companies, the average electricity tariffs per kWh and their increase rates in the period, broken down by consumption block based on bi-monthly electricity consumption (i.e. below 500 kWhs, 500 kWhs to below 1 000 kWhs, 1 000 kWhs to below 1 500 kWhs, 1 500 kWhs to below 2 000 kWhs and 2 000 kWhs or above); in the same period, the average monthly tariff expenditures of the commercial electricity users of the two power companies, the average electricity tariffs per kWh and their increase rates in the period, broken down by consumption block based on bi-monthly electricity consumption (i.e. below 2 000 kWhs, 2 000 kWhs to below 5 000 kWhs, 5 000 kWhs to below 10 000 kWhs, 10 000 kWhs to below 20 000 kWhs and 20 000 kWh or above);

    (2)as the tariffs of residential electricity users are computed on a progressive basis while those of commercial users are calculated on a regressive basis, whether the authorities have assessed if such computation methods for tariffs will encourage commercial users to consume huge amounts of electricity, and result in residential users subsidizing the electricity expenditures of commercial users; whether the authorities will consider providing the electricity charges subsidy again to residential users to alleviate their financial burden; and

    (3)as it is learnt that the two power companies may purchase several gas-fired generation units in the coming few years to cope with the new fuel mix and emission standards, and power generation units are part of the assets of the power companies, whether the authorities have assessed if electricity tariffs will rise as a result; whether the authorities have studied the impacts on basic tariffs of lowering the permitted profit rate of the two power companies from the current 9.9% to 6%; if so, of the details ?
Public Officer to reply : Secretary for the Environment

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


In February this year, the Hong Kong Monetary Authority lowered the maximum loan-to-value ratio for self-use residential properties with value below $7 million to 60% across the board. Quite a number of members of the public have relayed to me that after the introduction of such a measure, the prices of low-priced residential flats have risen rather than dropped, which has also pushed up the rents of residential units continuously, causing members of the public enormous hardship. On the other hand, quite a number of members of the public hope that the Government re-launch the Tenants Purchase Scheme ("TPS"). In this connection, will the Government inform this Council:
  • (1)whether the Government will go along with the wishes of the public by considering afresh the re-launch of TPS, which on the one hand allows the existing tenants of public rental housing ("PRH") in the territory to purchase at low prices the PRH flats in which they are living and on the other reduces the fiscal deficit of the Hong Kong Housing Authority; if so, when it will re-launch TPS; if not, of the reasons for that;

    (2)as the Government said in reply to my question on 3 December last year that it would not be appropriate to implement rent control measures, whether the Government has any new measures to effectively help members of the public (especially those living on Comprehensive Social Security Assistance payments and those renting cubicle apartments and bed spaces) in the short run to rent private residential flats at reasonable rents; if so, of the implementation date and details; if not, the reasons for that, and whether the Government is turning a blind eye to the problem that members of the public cannot afford high rents; and

    (3)as the Government pointed out in the reply mentioned in (2) that there was currently a serious demand-supply imbalance in Hong Kong's housing, whether the Government will immediately introduce measures to further restrict non-local residents in purchasing residential properties in Hong Kong and comprehensively implement the "Hong Kong Property for Hong Kong People" policy to honour the pledge of assisting middle-income families in buying their own homes made by the Chief Executive in his election manifesto; if so, of the timetable and details; if not, the reasons for that, and whether the Government has no intention to honour the Chief Executive's pledge, and ignores the home purchase aspirations of members of the public?
Public Officer to reply : Secretary for Transport and Housing

4. Hon YIU Si-wing to ask: (Translation)


It has been reported that this year, the Food and Environmental Hygiene Department stepped up enforcement efforts against unlicensed hawkers, resulting in the night bazaar in Sham Shui Po, which had emerged during the Chinese New Year holidays in the past few years, no longer operating. On the other hand, the Financial Secretary has indicated in his Budget Speech this year that the Government will consider introducing food trucks, which are popular abroad, to Hong Kong. Moreover, the Food and Health Bureau put forward some improvement proposals in March this year after reviewing the existing policy on hawker control and management. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of licensed hawkers and prosecutions instituted against unlicensed hawkers in each of the past three years; whether it has studied the causes for the year-on-year changes in such numbers;

    (2)of the difference between the licence the authorities intend to issue for food trucks and itinerant hawker licence; whether the authorities will consider, in issuing such licence, giving priority to the existing itinerant hawker licence holders who intend to change their business to operate food trucks; and

    (3)in view of the changes in the number of licensed hawkers in the past few years and the problems caused by unlicensed hawkers, of the policies the authorities will put in place in future to tackle the problem of illegal hawking; whether it will adjust the existing policy on hawker control and management in the light of the introduction of food trucks?
Public Officers to reply:Secretary for Food and Health
Secretary for Commerce and Economic Development

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


With the advancements in information technology and the prevalence of the Internet, viewing online television programmes or listening to online radio programmes through computers and smart phones is increasingly popular among the public. Some members of the public have relayed to me that as online television and radio programmes can reach out to different sectors of society, the views of the public (and in particular the younger generation) about social affairs may be influenced by online programmes. They consider that instances of the hosts of online programmes using indecent expressions or spreading objectionable ideas are quite common. In this connection, will the Government inform this Council:
  • (1)as online programmes are not currently subject to regulation under the Broadcasting Ordinance and other relevant legislation, whether the authorities will consider establishing a framework (such as by enacting legislation or introducing a licensing regime) to regulate the operation of online television and radio stations as well as the contents of online programmes (including the expressions used by the hosts), as well as conducting studies and extensive consultation in this respect; if they will, of the details; if not, the reasons for that; and

    (2)how the authorities handle public complaints against online programmes at present; whether they handled and followed up relevant complaints in the past five years; if they did, of the ways in which they handled the complaints?
Public Officer to reply : Secretary for Commerce and Economic Development

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


On 22 April this year, the Government published the Consultation Report and Proposals on the Method for Selecting the Chief Executive by Universal Suffrage. In addressing this Council on that day, the Chief Secretary for Administration pointed out that "after the Chief Executive ("CE") is selected by universal suffrage through 'one person, one vote' in 2017, the ultimate aim of the selection of the CE by universal suffrage as prescribed in Article 45 of the Basic Law will have been attained." There are comments that as the pan-democratic Members of the Legislative Council ("LegCo") have repeatedly indicated that they will vote against the constitutional reform package proposed by the Government for selecting CE by universal suffrage in 2017, the chance for the passage of the constitutional reform package by this Council is very slim. In this connection, will the Government inform this Council:
  • (1)whether the Government will, after the constitutional reform package is negatived by this Council, expeditiously restart the "Five-step Process" of constitutional reform regarding the selection of CE by universal suffrage, so as to attain the ultimate aim of the selection of the CE by universal suffrage as prescribed in Article 45 of the Basic Law; if it will, of the specific timetable;

    (2)as some members of the public have criticized that the public consultation conducted by the Task Force on Constitutional Development (comprising the Chief Secretary for Administration, the Secretary for Justice and the Secretary for Constitutional and Mainland Affairs) was not comprehensive, ignoring the views of some members of the public, whether the Government has assessed if the three Secretaries of Departments and Director of Bureau should be held politically accountable for the constitutional reform package being negatived by this Council and tender resignation; if it has, of the details; and

    (3)given that Article 50 of the Basic Law stipulates that if LegCo refuses to pass a budget or any other important bill introduced by the Government, and if consensus still cannot be reached after consultations, CE may dissolve LegCo, whether CE will dissolve LegCo after the constitutional reform package is negatived by this Council, so as to restart the "Five-step Process" of constitutional reform regarding the selection of CE by universal suffrage?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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


At present, there are four subvented Community Rehabilitation Day Centres ("day centres") in Hong Kong, namely Haven of Hope Christian Service Haven of Hope Community Rehabilitation Day Centre, Christian Family Service Centre Community Rehabilitation Day Centre ("Family Service Centre"), SAHK NTE Community Rehabilitation Day Centre ("SAHK Centre") and The Neighbourhood Advice-Action Council NT West Community Rehabilitation Day Centre ("Neighbourhood Centre"). The day centres provide treatment and rehabilitation training services for specific categories of newly discharged patients to help them integrate into the community, and provide training for the family members/carers of these patients to help enhance their caring capabilities and relieve the pressure faced by them in taking care of patients on a long-term basis. On the other hand, if there is a need for the day centres to replace worn-out therapeutic apparatuses with replacement costs exceeding $50,000 each, the day centres may, under Chapter 5 of the Lotteries Fund Manual, apply for major (other) grants under the Lotteries Fund for the replacement, provided that the apparatuses have been approved by the Social Welfare Department to be standard items required for providing the services (the "approved standard items"). Regarding the number, service quotas, manpower and therapeutic apparatuses of day centres, will the Government inform this Council:
  • (1)given that in 2013-2014, the average daily attendance for the physiotherapy/occupational therapy and training services provided by the SAHK Centre was 145, which was two times more than the attendance of 60 stipulated in the Funding and Service Agreement ("FSA"), and the attendance for the relevant services provided by Neighbourhood Centre in the same year was 99, which also exceeded the attendance of 80 stipulated in the FSA, whether the authorities will provide additional resources for these day centres to increase their service quotas and manpower; if they will, of the details; if not, the reasons for that;

    (2)given that from 2010-2011 to 2013-2014, the number of people waiting for the services of Neighbourhood Centre stood at a yearly average of 220, which was significantly higher than those of the other three day centres and reflected a great demand for such services from New Territories West residents, whether the authorities will consider setting up an additional day centre in the district; if they will, of the details; if not, the reasons for that;

    (3)given that in 2013-2014, Comprehensive Social Security Assistance ("CSSA") recipients accounted for nearly 25% of the service recipients of the four day centres on average, and the relevant percentage for Family Service Centre was even close to 40%, reflecting a great demand for such services from CSSA recipients, and yet it has been learnt that some CSSA recipients have given up receiving rehabilitation treatment services due to their inability to pay the fees, whether the authorities will consider relaxing the policy to allow CSSA recipients to receive rehabilitation treatment services provided by the day centres for free; if they will, of the details; if not, the reasons for that;

    (4)of the details of the approved standard items; of the number of applications for grants for replacing apparatuses made by the various day centres as well as the amount involved in each of the past five years and, among them, the number of applications rejected for the reason that the apparatuses were not standard items (with a breakdown by day centre); and

    (5)whether the authorities will conduct a comprehensive review of the policy on day centres, including the number, manpower, service space and therapeutic apparatuses of day centres, and whether they will provide additional resources for the various day centres to assist them in enhancing their services; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

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


It has been reported that in December last year, the Hong Kong Housing Authority ("HA") entered into a tenancy agreement with the successful tenderer for the lease of the shop located at No. 1, Ground Floor, Yan Hei House, Yan On Estate, Ma On Shan. However, some residents in Yan On Estate have complained to me that the tenant has not yet commenced business in the aforesaid shop, which manifestly constitutes a violation of the requirement that a tenant has to commence business of the designated trade within one month from the effective date of the tenancy agreement. However, HA has not followed up on the matter so far, and has been alleged of harbouring the tenant and ignoring the need of the residents for retail services. Meanwhile, these residents have also pointed out that there is a serious shortage of both monthly and hourly parking spaces in Yan On Estate. In this connection, will the Government inform this Council:
  • (1)of the trade that the tenant intends to run in the aforesaid shop;

    (2)whether the tenant signed the commercial tenancy agreement for the aforesaid shop in the name of a company; if so, of the name of the company concerned;

    (3)whether HA is aware that the tenant has not yet commenced business in the aforesaid shop; if HA is, of its follow-up actions, including whether HA will consider terminating the tenancy agreement;

    (4)whether the tenant has been paying monthly rent and quarterly rates since it entered into the tenancy agreement; if the tenant has not, of the amount of rent in arrears; if the tenant has, whether it is acceptable to HA for the tenant to only pay rent and rates but not conducting business as required;

    (5)whether HA will conduct a fresh tendering exercise for the tenancy of the aforesaid shop; if HA will, of the timetable of the tendering exercise; of the factors to be considered by HA in deciding whether or not to conduct a fresh tendering exercise, and whether they include the complaints received by the authorities from the residents in the housing estate concerned;

    (6)given that there are only a Hong Kong style cafe, a convenience store and a mini-supermarket in Yan On Estate at present, whether HA will consider converting the unoccupied spaces or passages on the ground floor of each of the buildings in the housing estate into shop premises for the provision of more retail services for the residents; if HA will, of the implementation timetable; if not, the reasons for that;

    (7)of the current numbers of monthly and hourly parking spaces in Yan On Estate; the number of persons currently waiting for monthly parking spaces, with a breakdown by type of parking spaces; whether HA will designate parking spaces on the ground floor of each of the buildings in Yan On Estate to tackle the shortage of parking spaces; if HA will, of the implementation timetable; if not, the reasons for that; and

    (8)whether HA will convert the existing carpark in Yan On Estate into a multi-storey shopping centre-cum-carpark in the light of the needs of the residents in Yan On Estates for retail services and parking spaces; if HA will, of the implementation timetable; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


In the biennial Travel & Tourism Competitiveness Report released recently by the World Economic Forum, Hong Kong ranks the 13th among 141 countries and regions around the world, two places higher than its ranking last time. However, Hong Kong's ranking in price competitiveness, one of the 14 groups of indicators, is only the 127th, being dragged down by the rankings in purchasing power parity, fuel prices and hotel room rates. Some members of the tourism industry have relayed to me that the high and greatly volatile room rates of local hotels have significant impacts on the industry. They have also pointed out that low-priced and diversified local guesthouses can provide tourists with more accommodation options and help alleviate the shortage of hotel rooms during peak tourism seasons. In this connection, will the Government inform this Council:
  • (1)given that the Hong Kong Tourism Board anticipates that the number of rooms in local hotels will increase to some 82 100 by 2017, and the authorities project that visitor arrivals in Hong Kong will exceed 70 million by then, whether the authorities have assessed the supply and demand situation of hotel rooms during that time;

    (2)whether the authorities have looked into the respective differences between the highest and the lowest room rates in hotels of various classes during the low and peak seasons of the tourism industry; whether they have studied the impacts of such differences on the tourism industry;

    (3)of the total number of licensed guesthouses in Hong Kong at present; whether it knows the number of occupants and average room rate of such guesthouses in the past three years; and

    (4)whether the authorities will consider promoting and publicizing Hong Kong's guesthouses overseas, and driving guesthouses to enhance their quality, with a view to alleviating the tight supply of hotel rooms during peak tourism seasons; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

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


The Finance Committee ("FC") of this Council approved the 2014-2015 civil service pay adjustment proposal at its meeting on 16 January this year. The Secretary for the Civil Service said at the meeting that the authorities would forthwith make administrative arrangements so that the employees of subvented organizations could receive back payments before the Chinese New Year. However, I have recently received complaints from some former teachers of the Vocational Training Council ("VTC"), a subvented organization, that they have not yet received back payments. In this connection, will the Government inform this Council:
  • (1)whether subvented organizations may set the following requirement on their own: employees must still be in service when FC approves the civil service pay adjustment proposal for them to be eligible to receive back payments; if so, of the reasons for that;

    (2)of the amount of subventions additionally allocated, in each of the past five financial years, by the authorities to VTC as a result of civil service pay adjustments; whether such amounts included the sums required for making back payments to those teaching staff members who left service during the period between the beginning of the corresponding financial years and the time when FC approved the civil service pay adjustment proposals; whether it knows the number of such type of teaching staff members each year, and whether VTC made back payments to them; if VTC did not make back payments, of the reasons for that;

    (3)whether it knows the surplus amounts of the subventions in each of the past five financial years as a result of VTC not making back payments to those departed teaching staff mentioned in (2) above; of the use of such balances, and whether such balances are required to be returned to the Government; and

    (4)what measures are in place to ensure that the subventions additionally allocated by the authorities to subvented organizations for making back payments are all used for this purpose; whether it has reviewed the related arrangements; if it has, of the improvement measures?
Public Officer to reply : Secretary for Education

*11. Hon Tony TSE to ask: (Translation)


In 2013, the Agriculture, Fisheries and Conservation Department spent $6.5 million to establish at the Cheung Sha Wan Wholesale Vegetable Market the first "Controlled Environment Hydroponic Research and Development Centre" ("C.E.H.R&D Centre") in Hong Kong to promote the use of vacant units in factory buildings for indoor hydroponic farming and explore a new way forward for developing local agricultural industry. In addition, the authorities published at the end of last year the consultation document entitled "New Agricultural Policy: Sustainable Agricultural Development in Hong Kong", proposing to explore the feasibility of establishing an Agricultural Park to fortify the development and adoption of modern and diversified production methods in local farms. The consultation document has also pointed out that it is technically feasible to turn vacant factory buildings into "plant factories" which adopt hydroponic farming practices. In this connection, will the Government inform this Council:
  • (1)whether it has assessed the cost-effectiveness of C.E.H.R&D Centre; if it has assessed, of the outcome; if not, the reasons for that, and whether it will conduct a review;

    (2)whether it has specified the period of operation of C.E.H.R&D Centre; if it has, of the arrangement upon expiry of the specified period of operation; if there is no arrangement, the reasons for that;

    (3)whether hydroponic farm is one of the permitted uses of factory buildings under the Town Planning Ordinance (Cap. 131) and the land lease conditions of factory buildings; if it is, of the details; if not, the reasons for that;

    (4)whether, in the past three years, it reviewed Cap. 131 and the relevant land leases in order to facilitate the establishment of hydroponic farms in factory buildings; if it did, of the details of the proposed amendments put forward in the last review, and the implementation time; if not, the reasons for that, and whether it will conduct such a review;

    (5)what policies and measures are currently in place to regulate the establishment of hydroponic farms in factory buildings, including the major conditions to be met for operating such farms;

    (6)of the number of applications received by the authorities in each of the past three years for establishing hydroponic farms in factory buildings, with a breakdown of the numbers of approved and rejected cases by district; if there were rejected cases, of the relevant reasons;

    (7)in the past three years, of the number of complaints received by the authorities about hydroponic farms in factory buildings, the number of law enforcement operations carried out in response to such complaints, and the respective numbers of cases in which prosecutions were instituted and the relevant warning letters were registered at the Land Registry (commonly known as "imposing an encumbrance") for contravention of the law; whether it knows how many of the hydroponic farms which had been prosecuted closed down their businesses; and

    (8)whether it has adopted measures to encourage hydroponic farming on agricultural land (in particular fallow agricultural land which reportedly covers an area reaching 3 800 hectares); if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

*12. Hon Dennis KWOK to ask:


It is an established practice for the Department of Justice ("DoJ") to brief out some of the criminal and civil cases, when there is a need for expert assistance where the requisite skill is not available in DoJ, or when there is no suitable in-house counsel to appear in court for the Government. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of cases, among the civil cases briefed out by DoJ in 2014, handled by the top 50 counsels;

    (2)of the total number of civil cases briefed out by DoJ in the past three years, with a breakdown by set of chambers;

    (3)of the total number of counsels engaged by DoJ in civil cases briefed out in the past three years and, among them, the respective percentages of the counsels who had and had not been previously engaged; and

    (4)given that one of the stated objectives of DoJ's policy to brief out cases is to promote a strong and independent local Bar, particularly the junior Bar, whether DoJ will consider briefing out civil cases to a greater diversity of junior counsels in different sets of chambers; if it will, of the details; if not, the reasons for that?
Public Officer to reply : The Secretary for Justice

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


The Member's Office of mine received a complaint alleging that some people felled a large number of healthy old trees aged over 100 years on private land. The complainant sought assistance from various government departments, but in vain. In this connection, will the Government inform this Council:
  • (1)of the existing policies and relevant legislation on the maintenance and conservation of trees on government and private land;

    (2)given that the Secretary for Development said last year that "regulating ‍tree maintenance on private land has far-reaching implications, we must handle it carefully", whether the authorities are currently conducting a relevant study; if they are, of the progress and outcome; if not, the reasons for that;

    (3)whether the Government will now consider, by following the approach adopted for protecting antiquities and monuments, enacting specific legislation for conserving old trees or precious trees with conservation value; if it will not, of the reasons for that;

    (4)given that the Government has indicated that one of the prerequisites for the enactment of legislation on tree management is an adequate supply of personnel with relevant professional qualifications and experience to implement the relevant work, whether the Government has set any target on the number of tree management personnel with professional qualifications; of the specific work carried out in the past three years for the purpose of increasing the number of such personnel and the progress of such work; and

    (5)of the latest progress of the enactment of tree legislation by the Government?
Public Officer to reply : Secretary for Development

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


In recent years, quite a number of members of the public have relayed to me that the carriageway widths of certain roads (especially some road sections in the Peak, Shek O, Sai Kung and Tai Tam Reservoir, as well as Keung Shan Road which connects Shek Pik Reservoir and Tai O) are less than the minimum carriageway widths recommended in the Transport Planning and Design Manual ("TPDM"). These members of the public are worried that such situation will affect road safety. In this connection, will the Government inform this Council:
  • (1)of the names of the roads the carriageway widths of which are currently less than the minimum carriageway widths recommended in TPDM, as well as the respective lengths and locations of the road sections concerned;

    (2)of the number of traffic accidents which occurred in the past five years at the road sections mentioned in (1); and

    (3)whether it has plans to widen the road sections mentioned in (1) one by one, so as to enhance the road safety of the roads concerned; if it does, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

*15. Hon Emily LAU to ask: (Translation)


It was discovered two years ago that the family of the Secretary for Development ("the Secretary") owned a farmland within the areas covered by the North East New Territories New Development Areas ("New Development Areas") project. Some members of the public considered that the Secretary's private interests conflicted with his official duties, and a member of the public lodged a complaint with the Independent Commission Against Corruption ("ICAC"). It has been reported that ICAC replied to the complainant last month that it would not conduct further investigation into this case, but it did not offer any justification for not instituting prosecution. The complainant told the media that ICAC did not seek additional information from her during its investigation. In this connection, will the Executive Authorities inform this Council:
  • (1)given that when handling the case of alleged sale of property by a non-official member of the Executive Council before the Government announced the introduction of the measures to stabilize the property market in 2012, the authorities made public the legal advice they received for the purpose of explaining why prosecution was not instituted, why the authorities have not made public the justifications for not instituting prosecution in this case; whether the authorities will make public the relevant justifications; if they will not, of the reasons for that; why ICAC did not seek additional information from the complainant during its investigation into this case;

    (2)as one of the duties of the Secretary is to implement the New Development Areas project, and the aforesaid farmland had already been included in the areas covered by the New Development Areas when the Secretary assumed office in July 2012, but the Secretary stated that not until late September 2012 did he realize that the farmland was situated inside the New Development Areas, whether the authorities will improve the existing system of declaration of interests for politically appointed officials, so as to ensure that such officials declare in a timely manner their private interests that conflict with their official duties; and

    (3)as it has been reported that the aforesaid farmland is still currently held by the younger brother of the Secretary's wife, and it is stipulated in the Guidelines for the Chief Executive in Handling Potential Cases of Conflict of Interest and Acceptance of Advantages and Entertainment Concerning Politically Appointed Officials ("the Guidelines") promulgated by the authorities in August 2013 that where an official's "private interests" (defined therein as also covering the financial and other interests of the official's other relations and personal friends apart from encompassing the interests of the official himself and his family) may conflict with his official duties, the official shall make a declaration, whether the interest associated with the aforesaid farmland held by a relative is a form of "private interest" that is required to be declared under the Guidelines; if so, whether the authorities have received any relevant declaration of interests; if they have not received the relevant declaration, of the reasons for that?
Public Officer to reply : The Chief Secretary for Administration

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


It is learnt that no new three-bedroom public rental housing ("PRH") flats have been built since 2009-2010, and the Hong Kong Housing Authority ("HA") will, depending on the circumstances, allocate two PRH flats concurrently to a household with eight persons or more, in order to shorten the waiting time of such category of households. However, some members of the public have relayed to me that the waiting time of a household with six persons or more for allocation of PRH flats is longer as compared with other applicants on the PRH Waiting List. In this connection, will the Government inform this Council:
  • (1)of a breakdown of the number of PRH flats for households with six persons or more recovered by HA in each of the past three years by allocation district (namely, Urban, Extended Urban, New Territories and Islands) and by reason of recovery;

    (2)of a breakdown by allocation district of the respective numbers of (i) households with six to seven persons and (ii) households with eight persons or more, which received the first PRH flat offers, as well as of the number of households with eight persons or more which were concurrently allocated two PRH flats, in each of the past three years;

    (3)of the respective average waiting time of the (i) households with six to seven persons and (ii) households with eight persons or more, which received the first PRH flat offers last year, as well as the respective average time the aforesaid two categories of households had waited when signing the tenancy agreements last year;

    (4)whether HA will, if consent has been obtained from the applicant concerned, allocate one two-bedroom flat to a household with six persons or more under the existing policy, in order to shorten the waiting time of such category of applicants; if HA will, of the number of such cases in the past three years; and

    (5)whether HA will consider extending the scope of application of the arrangement for allocating two PRH flats concurrently to a PRH applicant to include households with six to seven persons?
Public Officer to reply : Secretary for Transport and Housing

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


It is learnt that with ageing of the Hong Kong population, the number of dementia patients is rising gradually. Some concern groups have pointed out that symptoms of dementia include memory loss, forgetfulness, impaired language ability and judgment, etc., and cases of persons with dementia going missing have happened frequently in recent years, causing distress to both the patients and their family members. In this connection, will the Government inform this Council:
  • (1)of the number of cases in which persons aged 60 or above ("elderly persons") went missing in each of the past five years, according to the records of government departments and the Hospital Authority; among those cases, of the respective numbers of those in which the missing persons were subsequently located, could not be located and were found dead, with a breakdown by whether or not the missing persons were dementia patients / suspected dementia patients;

    (2)of the respective numbers of elderly persons diagnosed with dementia or suspected to be suffering from dementia who are currently living in the community, staying in hospitals and living in residential care homes, according to the estimation of the authorities and, among the elderly persons of the first two categories, of the respective numbers of those who are living alone; and

    (3)of the measures in place to step up efforts in preventing elderly persons with dementia from wandering and losing their way; whether the authorities will encourage (e.g. by means of providing financial assistance) the family members of these patients to arrange for these patients to carry with them trackers and assistance-seeking devices equipped with positioning technology?
Public Officer to reply : Secretary for Food and Health

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


According to a paper submitted by the Development Bureau to the Panel on Transport of this Council in November last year, the third comprehensive transport study ("CTS-3") completed in 1999 had laid down the need for the wider use of advanced technologies in transport management, and the Transport Department ("TD") was developing a number of Intelligent Transport Systems ("ITS") applications. Moreover, the Policy Address this year has proposed the study of building a "Smart City" using Kowloon East as a pilot area, and the study will include the use of intelligent data and technologies in transport management. In this connection, will the Government inform this Council:
  • (1)given that CTS-3 laid down the need for the wider use of advanced technologies in transport management, of the scope, latest progress and effectiveness of the relevant study, the government departments responsible for the study, as well as the feasibility of the application of study findings;

    (2)given that the authorities stated in the aforesaid paper that they would launch the Public Transport Strategy Study to examine the overall strategic arrangements for public transport services, of the reasons and justifications for the authorities not including ITS applications in the study;

    (3)of the ITS that are currently in use in Hong Kong, and the relevant public expenditure in each of the past three years;

    (4)whether the authorities will consider setting up more "Smart City" pilot areas, so as to conduct a more comprehensive and extensive study on ITS applications; if they will, of the details; whether the authorities will consider publishing the phased outcome of the study; and

    (5)given that the Transport Information System developed by TD provides various services related to road traffic information, etc., whether the authorities have assessed if the usage of the various services meet expectations; whether the authorities will make public the usage statistics of the various services; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


The Court of Final Appeal ("CFA") handed down a judgment last month that the Chinachem Charitable Foundation Limited ("Chinachem Foundation") was to hold an estate of tens of billion of Hong Kong dollars as a trustee and would not receive the estate as an absolute gift. In addition, as the will indicated that the testatrix wished to "entrust" the supervision of the Foundation to a managing organization outside the Foundation, CFA would exercise its inherent jurisdiction to establish a scheme for the administration of the charitable trusts. Following the handing down of the judgment, the Secretary for Justice ("SJ") told the media that the Department of Justice would discuss with the relevant parties, including the Chinachem Foundation, the arrangements for and the details of the execution of the will. In this connection, will the Government inform this Council:
  • (1)whether SJ will, in following up the CFA judgment, examine the past position concerning the administration of the estate, including checking and recovering all the unauthorized expenditures;

    (2)whether it has initiated investigations to ascertain if the persons concerned have acted with negligence or wilful intent or even in conspiracy to commit a breach of trust in handling the estate; if it has, of the progress of the investigations; if not, the reasons for that;

    (3)whether SJ, as the protector of charities, has monitored the operation, expenditure and debt positions of the Chinachem Foundation; if he has, of the details; and

    (4)whether SJ has approached the persons nominated in the aforesaid will for appointment as members of the managing organization (e.g. the Premier of the State Council) to gain an understanding of whether they are willing to be appointed and to discuss with them how the Chinachem Foundation is to be supervised; if he has, of the details; if not, the reasons for that?
Public Officer to reply : The Secretary for Justice

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


Some members of the public have relayed to me that since the end of the occupation movement late last year, some people have erected unauthorized structures, such as tents, wooden sheds, etc., on the pavements outside the Legislative Council Complex and Central Government Offices. Moreover, the number of such structures is on the increase. They have pointed out that this situation will pose problems to the law and order as well as environmental hygiene. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of reports and complaints about the aforesaid structures received by the Police from members of the public since December last year, and the nature of such complaints;

    (2)whether it has assessed the problems of the law and order as well as environmental hygiene posed by these structures; if it has, of the assessment findings; and

    (3)of the reasons why the authorities have not yet cleared these structures; of the legislation based on which the authorities may clear these structures at present; whether there are plans to clear these structures; if there are such plans, of the details?
Public Officer to reply : Secretary for Security

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


It is learnt that for many years, owners of flats in buildings under the Civil Servants' Co-operative Building Societies Scheme ("CBSs") have all along been asking the Government to offer them assistance in redeveloping such buildings. Considering the fact that redeveloping CBS buildings can release land to increase housing supply, the Development Bureau has recently put forward the proposal of rolling out a Pilot Scheme for Redevelopment of CBSs ("the Pilot Scheme") by the Hong Kong Housing Society ("HKHS"). The Pilot Scheme will be implemented under a demand-led approach, whereby such owners themselves initiate application to HKHS. HKHS will lay down the eligibility criteria, including the requirements that a site must be at least 10 000 square feet in area and the relevant co-operative society must secure 100% owners' participation within a reasonable period of time. Moreover, HKHS will pay the Government the outstanding land premium that such owners owe the Government under the assignments of their flats, and will purchase the flats from the owners at market prices. Under the "no loss" principle, HKHS may offer acquisition prices slightly above market prices. On the other hand, where circumstances permit, HKHS may consider allowing the owners concerned to purchase the residential units from its "Flat-for-sale Scheme Secondary Market". In this connection, will the Government inform this Council:
  • (1)given that 85 CBS sites have redevelopment potentials as assessed by the authorities, of the locations of these sites; whether the authorities have assessed the positive impacts of the redevelopment of such buildings on housing supply; if they have assessed, of the findings;

    (2)of the difficulties encountered by the authorities in the past three years when it studied the feasibility of redeveloping CBS buildings; whether they have assessed if the implementation of the Pilot Scheme can help overcome such difficulties;

    (3)whether the authorities have assessed if the Pilot Scheme can provide sufficient incentives to attract the participation of owners; whether they will consider relaxing the requirements under the Pilot Scheme, including lowering the requisite threshold of 100% owners' participation for redevelopment; whether they will encourage HKHS to offer more attractive acquisition prices to owners, and allow owners to purchase the units under the Home Ownership Scheme of the Hong Kong Housing Authority; if they will, of the details; if not, the reasons for that;

    (4)whether the authorities have assessed the implications of the implementation of the Pilot Scheme on the manpower deployment and financial situation of HKHS; whether, on the premise of resolving the housing supply shortage in Hong Kong, the authorities will consider offering support to HKHS, including allowing HKHS not to pay full land premium, so as to assist HKHS in implementing the Pilot Scheme effectively; and

    (5)whether the authorities will consider requesting HKHS to plan for the redevelopment of its rental housing estates in the areas concerned at the same time when it implements the Pilot Scheme (e.g. Lok Man Sun Chuen and Chun Seen Mei Chuen are in the vicinity of Ma Tau Wai Road, Kau Pui Lung Road and Ma Tau Chung Road where a large number of CBS buildings are located), so as to improve the housing developments in the areas concerned; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

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


It has been reported that incorporating greening elements (e.g. green roofs) in buildings has become the major trend of environmental protection. Apart from beautifying the environment, green roofs can also help reduce the urban heat island effect and enhance the thermal insulation capability of buildings. Hence, quite a number of countries and places, such as Germany, Japan and Shanghai, are now making great efforts to promote green roofs. However, Hong Kong's performance is lagging far behind in this regard. Moreover, it has been reported that the roof greening projects implemented for government buildings by the Architectural Services Department ("ArchSD") are ineffectual. For instance, the green coverage in some of the sites where roof greening projects have been completed is extremely low, with only a small quantity of potted plants or small parcels of turfed areas being grown, which does not conform to the relevant standards and requirements set by the Development Bureau in 2012. However, ArchSD has responded that it is difficult to quantify the effectiveness of the projects concerned. In this connection, will the Government inform this Council:
  • (1)of the number of sites where roof greening projects of government buildings were implemented and the total size of greened areas provided, in the past three years;

    (2)of the criteria or guidelines currently based on which the authorities assess the effectiveness of roof greening projects, and whether they have made references to overseas experience regularly to update such criteria or guidelines;

    (3)of the mechanism for monitoring the benefits of roof greening projects so as to prevent the greened areas to be provided by the projects from being too small;

    (4)whether it assessed in the past three years the number of government buildings or school premises suitable for implementing roof greening projects; if it did, of the assessment results; among these government buildings or school premises, of the respective numbers of those in which such projects (i) have been completed, (ii) will be completed/implemented, and (iii) have not been planned; whether it will commence roof greening projects expeditiously in buildings which are found suitable for but have not yet proceeded with the implementation of such projects so as to popularize green building;

    (5)given that at present, roof greening projects in Hong Kong are mostly implemented in government buildings as well as primary and secondary school premises, whether the authorities will consider providing financial assistance to property owners of private buildings to carry out such projects; if they will, of the details; if not, the reasons for that;

    (6)whether it will consider requiring roof greening projects to be carried out in new buildings or stipulating that a certain percentage of green roofs is required to be provided in new buildings to enhance the greening awareness of property owners; if it will, of the details; if not, the reasons for that;

    (7)as it has been reported that the guidelines on roof greening currently provided by the Government to schools are very brief, whether the authorities will expeditiously formulate a set of detailed guidelines to help schools implement such environmental protection measure; and

    (8)as some teachers have pointed out that schools encounter quite a number of difficulties at present in applying for the implementation of roof greening projects and the relevant financial assistance, e.g. the complicated procedures for vetting and approval of applications as well as the requirement for submission of greening project plans, and that the involvement of a number of government departments in such vetting and approval procedures has given rise to administrative confusion and unclear division of powers and responsibilities, thereby deterring a number of schools from making such applications, how the authorities will help schools and other applicants tackle the problems concerned; whether the authorities will pool resources from relevant government departments, as well as set up a green building information centre or a dedicated department to coordinate the vetting and approval of applications for roof greening projects and streamline the application procedures?
Public Officer to reply : Secretary for Development

* For written reply

III. Motions



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

Secretary for Commerce and Economic Development moved the following motion:

Resolved that the Resolution made and passed by the Legislative Council on 29 October 2014 and published in the Gazette as Legal Notice No. 132 of 2014 be repealed.

(The above motion was also issued on 30 April 2015
under LC Paper No. CB(3) 646/14-15)

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

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

(The above motion was also issued on 30 April 2015
under LC Paper No. CB(3) 646/14-15)

Hon CHAN Chi-chuen and Hon Albert CHAN to move amendments
to this proposed resolution

(The amendments were issued on 19 May 2015
under LC Paper No. CB(3) 684/14-15)

(The debate and voting arrangements for the two proposed resolutions and the amendments were issued on 26 May 2015 under LC Paper No. CB(3) 700/14-15)

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 Officers to attend:Secretary for Constitutional and Mainland Affairs
Under 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

V. Request for Special Leave of the Council to Give Evidence of Council Proceedings



1.Request made under section 7 of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) and Rule 90 of the Rules of Procedure for special leave of the Council to give evidence of Council proceedings

The request of Y.S. LAU & Partners has been set out under LC Paper No. CB(3) 679/14-15 issued on 14 May 2015.

2.Request made under section 7 of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) and Rule 90 of the Rules of Procedure for special leave of the Council to give evidence of Council proceedings

The request of the Acting Deputy Director of Public Prosecutions of the Department of Justice has been set out under LC Paper No. CB(3) 714/14-15 issued on 29 May 2015.

Clerk to the Legislative Council