A 15/16-31

Legislative Council

Agenda

Wednesday 22 June 2016 at 11:00 am

I. Tabling of Papers



Subsidiary Legislation / InstrumentsL.N. No.
Road Traffic (Public Light Buses: Limit on Number) Notice 2016101/2016

Other Papers

1.No. 102-Securities and Futures Commission
Annual Report 2015-16
(to be presented by the Financial Secretary)

2.No. 103-Investor Education Centre
Annual Report 2015-16
(to be presented by the Financial Secretary)

3.Report No. 21/15-16 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Andrew LEUNG, Chairman of the House Committee)

4.Report of the Bills Committee on Financial Institutions (Resolution) Bill
(to be presented by Hon CHAN Kam-lam, Chairman of the Bills Committee)

II. Questions



1. Hon Alvin YEUNG to ask: (Translation)


It has been reported that some senior Mainland officials have been selling Permits for Proceeding to Hong Kong and Macao (commonly known as "One-way Permits" ("OWPs")) to Mainlanders, and an OWP may fetch as much as HK$2 million. Also, some Mainland celebrities are suspected to have acquired the right of abode in Hong Kong by illegal means. In reply to a question from a Member of this Council on the 18th of last month, the Secretary for Security said that "the Immigration Department shall invalidate the residence status of persons whose applications are found to be fraudulent and shall remove them from Hong Kong …". In this connection, will the Government inform this Council:
  • (1)whether the Security Bureau ("SB") has approached the Mainland authorities to gain an understanding of the situation of Mainland officials selling OWPs and the impact of such cases on the vetting and approval of applications for OWPs; if SB has, of the details; according to the estimation of the authorities, of the number of Mainlanders, since the reunification, who have come to Hong Kong for settlement after purchasing OWPs from Mainland officials, and among such Mainlanders, the number of those who have now acquired the right of abode in Hong Kong; how SB will handle such cases and whether SB will revoke the right of abode of the persons concerned;

    (2)whether the authorities have estimated the number of Mainlanders, since the reunification, who have gained approval for coming to Hong Kong for settlement by making fraudulent applications; among such persons, of the number of those currently under investigation by the authorities, and the number of those who have been removed from Hong Kong after their right of abode in Hong Kong were revoked because they had been proved to have made fraudulent applications; and

    (3)whether it will discuss with the Mainland authorities the measures to be adopted to eradicate the sale of OWPs?
Public Officer to reply : Secretary for Security

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


The New Territories Small House Policy is originally intended to allow a male indigenous villager at least 18 years old who is descended through the male line from a resident in 1898 of a recognized village in the New Territories ("indigenous villager") to apply once during his lifetime to the authorities for permission to erect for himself for self-occupation a small house on a suitable site within his own village. It has been reported that the selling of small house rights (commonly known as " 'ding' rights") by indigenous villagers is rampant. Quite a number of indigenous villagers who did not own any land signed secret agreements with land owners, under which the indigenous villagers purchased lands nominally from the land owners and applied to the authorities for construction of small houses while the land owners funded the construction of those small houses; the indigenous villagers were required to transfer the ownership of the completed small houses to the persons designated by the land owners and received a huge sum of money from the land owners in return. In this connection, will the Government inform this Council:
  • (1)given that an indigenous villager may transfer ownership of his small house granted by way of building licence or land exchange after paying a land premium calculated on a discounting factor during the five-year alienation restriction period or without paying any land premium on expiry of such restriction period, and some members of the public have pointed out that such an arrangement is tantamount to encouraging indigenous villagers to transfer ownership of their small houses for profits, which is contrary to the original intent underlying the Small House Policy, whether the authorities will require indigenous villagers to pay full land premium for selling such small houses so as to reduce the incentive for transferring the ownership of small houses; if they will, of the details; if not, the reasons for that;

    (2)as there are views that indigenous villagers' transfer of ownership of small houses shortly after completion for profits is contrary to the original policy intent that small houses are provided to indigenous villagers for self-occupation, whether the authorities will consider prohibiting indigenous villagers from transferring, within a certain period of time, such ownerships for all types of small house grants; if they will, of the details; if not, the reasons for that; and

    (3)whether the authorities will formulate measures to combat the sale of "ding" rights, including whether they will resume the pre-2007 practice of requiring an indigenous villager applying for building a small house to make a statutory declaration that he has never made any arrangements to dispose of his "ding" rights or his eligibility to apply for a small house grant; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

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


The Housing (Amendment) Ordinance 2007, which has come into operation since 1 January 2008, adopts a new rent adjustment mechanism for public rental housing ("PRH") ("the mechanism") to replace the statutory cap under which the median rent-to-income ratio must not exceed 10% following any rent increase. Under the mechanism, PRH rent is reviewed once every two years and adjusted according to changes in tenants' household income. Quite a number of members of the public have relayed to me that PRH rent has only gone up but never gone down since the implementation of the mechanism, and that the rent increases have not taken into account the affordability of PRH tenants. In this connection, will the Government inform this Council:
  • (1)of the overall cumulative rate of increase in PRH rent since the implementation of the mechanism; how such figure compares with the respective cumulative rates of increase in Composite Consumer Price Index, Consumer Price Index A and real wage during the same period;

    (2)as there are comments that the mechanism, without taking into account various relevant factors (e.g. the inflation rate, tenants' household income being time-lagged data, and the adjustments made to the PRH Waiting List income limit), does not have regard to the affordability of PRH tenants, whether the authorities have assessed if such comments are justifiable; if they have assessed, of the details; whether the authorities have assessed if there are inadequacies in the mechanism under which the magnitude of rent adjustment is calculated solely on the basis of the changes in tenants' household income; if they have assessed and the outcome is in the affirmative, whether the authorities will expeditiously review the mechanism; if not, of the reasons for that; and

    (3)as it has been reported that the authorities will, in accordance with the mechanism and on the basis of the latest information about PRH tenants' household income, increase PRH rent by about 10% later, but Hong Kong's economy has gradually worsened in the past six months and the livelihood of some grassroots tenants has been affected as a result, whether the authorities will consider introducing relief measures (e.g. waiver of PRH rent) to alleviate the livelihood pressure of grassroots tenants?
Public Officer to reply : Secretary for Transport and Housing

4. Hon Vincent FANG to ask: (Translation)


According to the figures on retail sales for April released last month, both the value and volume of total retail sales have declined for the 14th consecutive month, with the figures on retail sales for the first four months of this year taken together even experiencing a double-digit year-on-year decrease and consumer durable goods registering the most notable drop. There are comments that apart from the slowdown in inbound tourism, another factor contributing to the continued slide in retail sales is the sluggish domestic demand in Hong Kong caused by the more cautious local consumer sentiment. In this connection, will the Government inform this Council:
  • (1)of the contributions to the Gross Domestic Product, economic growth, number of employed persons and per capita income, etc. made by the retail and related industries (including the tourism, import and export trade, logistics, wholesale trade, etc.) in the past three years; whether the authorities have studied and analyzed how the continued decline in retail sales in the past 14 months has affected the contributions of the retail and related industries; if they have, of the results; if not, the reasons for that;

    (2)whether, apart from the measures to promote tourism as well as certain relief and tax concession measures proposed in the Budget of this financial year, the authorities have considered and studied the introduction of new plans and measures to directly boost the domestic demand; if they have, of the details; if not, the reasons for that; and

    (3)given that the authorities indicated before the downturn of inbound tourism that they would review from time to time the adequacy of the tourist and supporting facilities in Hong Kong, and that there has also been a strong voice in the community calling on the Government to increase and improve the relevant facilities and services as soon as possible to meet the development needs of the tourism industry, whether the authorities will continue to conduct the relevant review and introduce improvement at the present stage, with a view to making preparation for the recovery of the tourism industry in future; if they will, of the relevant plans; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

5. Hon Frederick FUNG to ask: (Translation)


Under the Passenger Reward Arrangement of the Fare Adjustment Mechanism for franchised buses, where the return achieved by a franchised bus operator results in a rate of return on average net fixed assets exceeding 9.7%, 50% of the surplus return must be maintained as "Passenger Reward Balance" to be used for providing fare concessions or relieving the pressure for future fare increase. Last year's final results just released by the Transport International Holdings Limited show that the fare revenue from its two franchised bus companies recorded a year-on-year increase of 3%, amounting to $6.973 billion; among them, the Kowloon Motor Bus Company (1933) Limited achieved a profit of $488.2 million after taxation, representing a soaring increase of 148% when compared with the year before, and the growth in profits was mainly attributable to a drop in fuel costs by more than $500 million over the year. Given that international crude oil prices remained at low levels in the past year and a half, quite a number of members of the public have relayed that there is room for operators of the various public transport services to reduce their fares to reward their passengers. In this connection, will the Government inform this Council:
  • (1)whether it has assessed independently the rate of return on average net fixed assets of each of the franchised bus companies on the basis of the final results recently released by such companies or their holding companies, and whether the companies have adopted certain financial arrangements to accomplish a lower rate of return on the book; if it has assessed, of the outcome; if not, the reasons for that;

    (2)whether it knows the respective amounts to be credited into the "Passenger Reward Balance" by various franchised bus companies this year, and whether the authorities will request the franchised bus companies concerned to directly reduce the fares under the passenger reward arrangement instead of offering some restrictive concessions (such as concessions that could only be enjoyed together with other promotion schemes) with limited coverage under all sorts of pretexts; if they will not, of the reasons for that; and

    (3)whether it has assessed if the operators of other modes of public transport (including green minibuses and taxis) have recorded sizeable profits due to the low fuel costs last year; if it has assessed and the outcome is in the affirmative, whether it will request the operators concerned to lower their fares to reward the passengers, or to set aside a portion of the profits in a reserve account or to set up a fund for relieving the pressure for future fare increase; if it will, of the results; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

6. Hon LEUNG Yiu-chung to ask: (Translation)


It has been reported that the Central Policy Unit ("CPU") has earlier conducted an opinion survey to gain an understanding of whether candidates' stances on certain subjects are regarded by the respondents to be important considerations when they, as registered electors, choose the candidates during the Legislative Council Election to be held in September this year. Such subjects include "re-election of LEUNG Chun-ying", "independence of Hong Kong", "self-determination of Hong Kong's future", etc. There are comments that such opinion survey has nothing to do with the Government's implementation of policies, arousing suspicion that the objective of the opinion survey is to assist pro-Government candidates in planning their election strategies. Regarding the opinion surveys conducted by CPU, will the Government inform this Council:
  • (1)of the objectives and functions of the aforesaid opinion survey conducted by CPU; the follow-up measures taken and the details of the policies formulated by the Government in response to the outcome of the opinion survey;

    (2)of the details of the opinion surveys conducted by CPU since the commencement of the current-term Government, including the number, subject matters, methodologies, as well as the manpower and expenses involved; and

    (3)of the procedure followed by CPU for determining whether an opinion survey should be conducted on a particular subject matter; the personnel within the Government who are currently given access to the results of such opinion surveys?
Public Officer to reply : The Chief Secretary for Administration

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


In order to solve the problem of traffic congestion in the relevant districts, the Government is planning the "Electronic Road Pricing Pilot Scheme in Central and its Adjacent Areas" ("the pricing scheme") and has already completed the first round of public engagement exercise. The authorities have indicated that, based on the views collected, they will proceed with the next stage of work, including the engagement of a specialist consultant to conduct an in-depth feasibility study, and will start the second round of public engagement exercise upon the formulation of concrete proposals. On the other hand, it was mentioned in the document of the first round of public engagement that while there had been an average annual increase of about 3% in the number of vehicles in Hong Kong in the past 10 years, the rate of expansion of the road network was expected to decrease in the next few years from about 0.8% per annum to about 0.4% per annum, indicating that the growth in the provision of roads would be far lower than the growth in demand. On the issues relating to the implementation of the pricing scheme, will the Government inform this Council:
  • (1)whether it will, prior to the engagement of a specialist consultant to conduct the aforesaid feasibility study, report to the Legislative Council the views collected during the first round of public engagement exercise and the analysis of such views; if it will, of the timetable;

    (2)whether it will consider using part of the toll revenue to subsidize public transport vehicles which serve Central (e.g. franchised buses and public light buses) upon the implementation of the pricing scheme, so as to reduce fares and attract more members of the public to use such services;

    (3)whether it will, in implementing the pricing scheme, consider granting toll exemption to the vehicles used by residents, schools and non-profit-making organizations in the charging areas; if it will, of the details;

    (4)of the progress and the contents of the work carried out by the authorities last year on formulating the coverage of charging areas and levels of charges under the pricing scheme, and the details of the relevant work in the coming 12 months; and

    (5)whether it will implement measures to curb the growth in the number of vehicles with a view to alleviating the seriously overloaded traffic network at source?
Public Officer to reply : Secretary for Transport and Housing

*8. Hon WONG Kwok-hing to ask: (Translation)


Since 2000, the right to operate the Hung Hom Public Funeral Parlour ("HHPFP"), constructed by the former Urban Council, has been granted to private institutions through open tender, but the operator is required to provide low-cost funeral services to specific groups of people referred by the Social Welfare Department ("SWD") or the Food and Environmental Hygiene Department at a specified fee as determined by SWD. The incumbent operator of HHPFP has to pay a quarterly fee of HK$13.95 million to the Government for the operating right, and the five-year contract will expire on 31 March 2017. In this connection, will the Government inform this Council:
  • (1)whether it knows, since April 2012, (i) the number of deceased persons for whom funeral ceremonies were held in HHPFP each year and its percentage in the total number of deceased persons in that year, and (ii) the average usage rate of the service halls in HHPFP per annum;

    (2)whether it knows, since April 2012, the average charges of various services provided by HHPFP each year, as well as the number of times for which low-cost funeral services were provided to specific groups of people each year and the average fee charged each time;

    (3)whether the authorities have, since 2000, reviewed on a regular basis the level and charges of the funeral services provided by HHPFP, as well as the person-times using such services; if they have, of the details, and when the last review was conducted;

    (4)whether the operator of HHPFP assisted in the promotion of green burials in the past three years; if the operator did, of the details;

    (5)whether it has formulated a plan for the mode of operation and the direction of development of HHPFP in future (e.g. relocating or reprovisioning HHPFP); if it has, of the details; and

    (6)as some members of the public have criticized that the fee for the operating right has indirectly pushed up the charges of the funeral services provided at HHPFP, whether the authorities will, in granting a new contract for the right to provide services next year, lower the fee for the operating right and cap the charges of funeral services; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

*9. Hon CHAN Yuen-han to ask: (Translation)


It has been reported that last year, the Leisure and Cultural Services Department ("LCSD") dismantled a tunnel slide which had been in use in Hong Kong Park for over 14 years on the ground that the relevant contractor could not provide the parts for the slide. After repeated calls from and a joint signature campaign on the Internet initiated by some members of the public, LCSD has indicated that the slide will be reprovisioned at its original location this year. Moreover, a survey has pointed out that quite a number of the existing play equipment in children's playgrounds is not only dilapidated, but also monotonous and boring (e.g. lacking equipment such as free-standing slides, swings, climbing frames), thus being unable to satisfy children's playing needs. In this connection, will the Government inform this Council:
  • (1)among the children's playgrounds currently managed by LCSD, the Housing Department and Link Asset Management Limited, of the respective numbers and percentages of those that provide free-standing (i) slides, (ii) swings and (iii) climbing frames;

    (2)of the respective numbers of children's playgrounds in the territory installed with free-standing slides which are (i) two metres to less than three metres, (ii) three metres to less than four metres, and (iii) four metres or more in height at present, broken down by the location of the children's playgrounds and the department/organization by which they are managed;

    (3)given that in reply to a question raised by a Member of this Council on 24 February of this year, the authorities said that they would consult the organizations and District Councils concerned on the designs of children's playgrounds and the play equipment provided therein, whether the authorities have conducted the consultation exercise; if they have, of the views collected by the authorities on issues relating to the characteristics of play equipment in children's playgrounds, as well as the delights and experiences of playing on such equipment; if not, the reasons for that;

    (4)whether the authorities conducted in the past five years dedicated studies and reviews in respect of improving the designs of children's playgrounds and the play equipment provided therein; if they did, of the details; if not, whether they will conduct such studies and reviews; and

    (5)given that in quite a number of overseas places (e.g. the United States, Taiwan and Japan), large-scale and free-standing slides equipped with interesting features and characteristics are provided in their parks or playgrounds, attracting many parents to bring their children to such parks or playgrounds to play on the slides, whether the authorities will make reference to such practices and provide free-standing slides with innovative design in the children's playgrounds in various districts in Hong Kong?
Public Officer to reply : Secretary for Home Affairs

*10. Hon Abraham SHEK to ask:


Regarding the construction and administration costs in the production of subsidized housing, will the Government inform this Council of:
  • (1)the estimated and actual (i) average construction costs per square foot of construction floor area ("ft2-CFA"), (ii) average construction costs per flat, and (iii) average administration costs per flat, of the public rental housing flats constructed/to be constructed by Hong Kong Housing Authority ("HA") in each year from 2015-2016 to 2020-2021 (set out the information in the following table);

    Year Estimated Actual Estimated Actual Estimated Actual
    (i) (ii) (iii)
    2015-2016            
    2016-2017            
    2017-2018   Not applicable   Not applicable   Not applicable
    2018-2019      
    2019-2020      
    2020-2021      

    (2)the estimated and actual (i) average construction costs per ft2-CFA, (ii) average construction costs per flat, and (iii) average administration costs per flat, of the Home Ownership Scheme flats constructed/to be constructed by HA in each year from 2016-2017 to 2020-2021 (set out the information in a table of the same format as the table above); and

    (3)the estimated and actual (i) average construction costs per ft2-CFA, (ii) average construction costs per flat, and (iii) average administration costs per flat, of the subsidized sale flats constructed/to be constructed by Hong Kong Housing Society in each year from 2015-2016 to 2020-2021 (set out the information in a table of the same format as the table above)?
Public Officer to reply : Secretary for Transport and Housing

*11. Hon James TIEN to ask: (Translation)


It has been reported that there are currently as many as 28 000 students crossing the boundary from the Mainland to Hong Kong to attend school each day, which represents a 1.2-fold increase in five years, and the number is projected to continue to rise in the coming few years. There are comments that the large number of students crossing the boundary to attend school has put pressure on cross-boundary traffic. Moreover, students have to spend considerable time travelling a long distance to and from schools and have to face safety problems. In this connection, will the Government inform this Council:
  • (1)of the average daily number of students crossing the boundary to attend school in Hong Kong in each of the past five school years and the current school year, and set out a breakdown in the table below:

    School yearLevelNumber of cross-boundary students
     Kindergarten 
    Primary school 
    Secondary school 

    (2)of the estimated average daily number of students crossing the boundary to attend school in Hong Kong in each of the next three years, and set out a breakdown in a table of the same format as the table above;

    (3)as some parents have relayed that there are not enough immigration clearance channels at the boundary control points for use by cross-boundary students ("CBS") and obstruction is often caused by parallel trading activities, which has resulted in serious traffic congestion in the North District particularly when school finishes in the afternoon, whether the authorities are aware of the situation concerned and whether they have taken measures to tackle the problems;

    (4)whether it has assessed if the CBS-related immigration clearance facilities and support services (e.g. cross-boundary school bus service) have reached their capacity; if it has assessed, of the details; if it has not assessed, the reasons for that;

    (5)of the authorities' new measures to cope with the problem of increase in the number of CBS year after year; and

    (6)whether it will cooperate with the Mainland authorities to assist local school sponsoring bodies in establishing schools on the Mainland so as to provide a choice for Hong Kong students; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Education

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


The Housing Department ("HD") is carrying out a programme for installing laundry racks to replace laundry pole holders free of charge for the tenants of rental units of 162 public rental housing ("PRH") estates. In reply to a question raised by a Member of this Council on 27 April this year, the authorities indicated that the laundry rack replacement works ("replacement works") had been completed for 18 estates and were being carried out in another 31 estates, and it was expected that the whole programme would be completed in 2017. It has been reported that some PRH residents are not satisfied with the design of the new laundry racks. They have pointed out that the new laundry racks are small in size (about the size of six pieces of A4 paper only), and only 60% of the rack area can be used for hanging clothes as both ends of the rack are blocked by window frames. In addition, the space between the nylon ropes is so narrow that a laundry rack can at most carry only four pieces of thick clothing. In this connection, will the Government inform this Council:
  • (1)of the latest progress of the replacement works, including the respective names of the PRH estates in respect of which (i) the works have been completed, (ii) the works are in progress, (iii) the works have not yet commenced but the works contracts have been awarded, and (iv) the tendering exercises for the works are yet to be conducted (set out in a table), and the names of contractors which have been awarded such contracts;

    (2)whether HD has, prior to its decision on the implementation of the replacement works, consulted PRH residents to understand their actual needs, tailor-made the racks to fit in the space available on the external walls of different estates when designing the new laundry racks, and provided the most practical design from the perspectives of the residents; if HD has, of the names of the PRH estates consulted by HD, the number of residents and the names of the residents' organizations (if any) consulted in each of such PRH estates, as well as the dates on which the relevant consultation exercises were conducted (set out in a table);

    (3)of the number of complaints about the design of laundry racks received by HD so far, the number of complaints which have been followed up and the details of the follow-up work; and

    (4)whether HD will suspend the replacement works so that it may consult (afresh) PRH residents on the design of laundry racks and improve the design of the racks in accordance with the consultation outcome before resuming the remaining works?
Public Officer to reply : Secretary for Transport and Housing

*13. Dr Hon Helena WONG to ask: (Translation)


Under the Food Hygiene Code issued by the Food and Environmental Hygiene Department, the food business sector is required to ensure that potentially hazardous food is stored at or below 4°C. Moreover, the Centre for Food Safety ("CFS") has recommended in its Risk Assessment Studies on Microbiological Quality of Prepackaged Long Shelf Life Refrigerated Products that the food business sector should ensure that an adequately refrigerated environment (i.e. at or below 4°C) is provided for refrigerated products at various stages of the supply chain ("the 4°C temperature standard"). Regarding the regulation of storage of food at standard temperatures, will the Government inform this Council:
  • (1)given that it is stipulated in section 13 of the Milk Regulation (Cap. 132AQ) that milk or milk beverage pending sale should be kept at or below 10°C, but such temperature requirement is different from the 4°C temperature standard, whether retail shops, in storing milk and milk beverage at a temperature between 4°C and 10°C, have already complied with all legal requirements; if so, of the justifications for that, and whether the authorities will amend section 13 of the Milk Regulation to align such temperature requirement with the 4°C temperature standard;

    (2)of the details of the law enforcement actions taken by the authorities in the past three years on whether the storage of milk or milk beverage pending sale was in compliance with the temperature requirement stipulated in section 13 of the Milk Regulation;

    (3)whether it has conducted any study on the shelf life of various types of perishable food, including (i) how the shelf life of such food being stored at a temperature between 4°C and 10°C compares with that of the food being stored at a temperature between 0°C and below 4°C, and (ii) whether the bacteria counts of such food being stored at a temperature between 4°C and 10°C will exceed those stipulated in the relevant food safety standards before the dates on the "use by" date labels; if it has, of the details; if not, the reasons for that, and whether it will conduct studies in this regard;

    (4)whether it has plans to impose statutory requirements on the refrigerating temperatures for perishable food other than milk products (including sandwiches and sushi); if it has such plans, of the proposed temperature requirements; if not, the reasons for that, and whether it has conducted reviews in this regard;

    (5)of the measures in place to ensure that the temperatures of refrigerating devices for storage of perishable food at retail shops are constantly in compliance with the statutory requirements;

    (6)given that CFS has all along been collecting samples of milk products and frozen confections only at import and local production levels for microbiological tests, whether CFS will consider collecting samples of such food at retail level for tests so as to ensure that such food meets the food safety standards;

    (7)given that the results of the "Fridge territory-wide System Assessment" released by the World Wide Fund For Nature Hong Kong in January this year found that of over 8 500 display refrigerators at 640 retail shops inspected, over half of them were designed without doors, and the temperatures of a vast majority of these doorless refrigerators (94%) were higher than 5°C as recommended by the Food and Drug Administration of the United States, and individual locations inside the refrigerators even recorded a temperature as high as 11.4°C, whether CFS has regularly deployed staff to measure the temperatures of display refrigerators at retail shops such as convenience stores, supermarkets, etc.; and

    (8)given that currently retail shops in general rely on built-in digital thermometers of commercial refrigerators for monitoring temperatures inside the refrigerators, but temperatures at different locations inside the refrigerators may vary, whether the authorities will draw up temperature monitoring guidelines so as to ensure that retail shops refrigerate food at temperatures that comply with the required standards, and recommend to retail shops safe and reliable methods for temperature monitoring; if they will, of the details; if not; the reasons for that?
Public Officer to reply : Secretary for Food and Health

*14. Dr Hon Fernando CHEUNG to ask: (Translation)


In 2013, the poverty rates of persons with disabilities ("PWDs") before and after policy intervention were 45.3% and 29.5% respectively, which were higher than the 19.9% and 14.5% of the overall population in the same period; among PWDs at working-age (aged 18 to 64), the respective percentages of them being economically active and unemployed were 39.1% and 6.7%, which were far worse than the 72.8% and 3.7% of the overall population in the same period. Regarding the statistics on (a) the overall population, (b) population of PWDs and (c) population of the visually impaired, will the Government inform this Council of:
  • (1)the respective employment data (including the figures and percentages of the unemployed population, economically inactive population and underemployed population) in 2013 of the aforesaid three populations and such data of those among them with tertiary education qualifications, and set out breakdowns by age group respectively using tables of the same format as Table 1;

    (2)the respective figures on the distribution of occupation and monthly employment earnings in 2013 of those persons among the aforesaid three populations who have tertiary education qualifications, and set out the breakdowns by (i) non-degree holders and (ii) degree holders respectively using tables of the same format as Table 2; and

    (3)the new policy in place to assist the visually impaired and other PWDs in securing employment, so as to alleviate their poverty situation and improve their quality of lives?

    Table 1: Employment data of __________ population by age group

    Age groupUnemployed populationEconomically inactive populationUnderemployed population
    Number of persons
    ('000)
    %Number of persons
    ('000)
    %Number of persons
    ('000)
    %
    15-19      
    20-29      
    30-39      
    40-49      
    50-59      
    60-64      
    The relevant data of those who have tertiary education qualifications:
    Non-degree holders      
    Degree holders      
    Tertiary education qualifications - Non-degree holders
    15-19      
    20-29      
    30-39      
    40-49      
    50-59      
    60-64      
    Tertiary education qualifications - Degree holders
    15-19      
    20-29      
    30-39      
    40-49      
    50-59      
    60-64      

    Table 2: Figures on the distribution of occupation and monthly employment earnings of those who have tertiary education qualifications (non-degree/degree holders)

     Overall populationPopulation of PWDsPopulation of the visually impaired
    Number of persons
    ('000)
    %Number of persons
    ('000)
    %Number of persons
    ('000)
    %
    Occupation
    Managers and administrators, and professionals and associate professionals      
    Clerical support workers      
    Service workers and sales workers      
    Craft and related workers      
    Plant and machine operators and assemblers      
    Elementary occupations      
    Others      
    Monthly employment earnings (HK$)
    <4,000      
    4,000-6,999      
    7,000-9,999      
    10,000-14,999      
    15,000-19,999      
    ≥20,000      
Public Officer to reply : Secretary for Labour and Welfare

*15. Hon CHAN Kin-por to ask: (Translation)


According to the report on the work of the Office of the Privacy Commissioner for Personal Data ("OPCPD") in 2015, 98 data breach incidents were reported to OPCPD in 2015, affecting 871 000 Hong Kong individuals and representing an increase of 40% and 17.5 times respectively when compared with the 70 incidents and 47 000 individuals affected in 2014. OPCPD pointed out that some of these data breach incidents involved hacking and malware invasion, inadvertent disclosure of personal data by email, security vulnerability found on websites and computer networks of organizations, etc. Under the Personal Data (Privacy) Ordinance (Cap. 486), an individual who believes that he or she suffers damage due to infringement of his or her personal data privacy may seek compensation from the data user concerned under the Ordinance. In view of this, some foreign and Hong Kong insurance companies have offered in recent years insurance products concerning cyber-attacks, which cover areas including claims for compensation arising from leakage of personal data, leakage of data in breach of data protection obligations, defence costs in criminal and civil proceedings, etc. In this connection, will the Government inform this Council:
  • (1)whether it knows the details of the personal data involved in the data breach incidents reported to OPCPD in the past three years (including the nature of the data, and whether they involved credit card data), and whether the data users concerned had to make any compensation to the data subjects for such incidents; if so, of the relevant figures;

    (2)given that data users report data breach incidents to OPCPD only on a voluntary basis, whether the authorities have considered making such reporting a mandatory legal obligation; if they have, of the details; if not, the reasons for that;

    (3)given that with the development of technology, the volume of personal data handled by the organizations and enterprises in various sectors and industries will be on the increase, whether the authorities know if OPCPD has launched publicity and promotional activities with a view to boosting the importance attached to the protection of personal data by various organizations and enterprises; if OPCPD has, of the details; if not, the reasons for that; given that some members in the business sector have pointed out that some small and medium enterprises ("SMEs") are vulnerable to cyber-attacks, whether the authorities have specific measures to assist SMEs in resisting cyber-attacks, so as to prevent the leakage of personal data from their systems; if they do, of the details; if not, the reasons for that; and

    (4)given that while some members in the insurance industry have predicted that the demand for the aforesaid insurance products will be on the increase, and the underwriters and loss adjusters concerned need to possess professional expertise in related fields such as computer system, network security protection and insurance, in order to investigate network security vulnerabilities, assess the amount of losses, put forward suggestions for improvement, etc., whether the authorities have assessed if the insurance industry has enough talents possessing the relevant professional expertise at present; if they have assessed and the outcome is in the affirmative, of the details; if the outcome is in the negative, the measures the authorities will take to help the insurance industry upgrade the relevant human resources?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

*16. Hon Frankie YICK to ask: (Translation)


The public engagement document on the Electronic Road Pricing Pilot Scheme in Central and its Adjacent Areas has pointed out that one key consideration in assessing if electronic road pricing is a suitable solution for traffic congestion is whether a free-of-charge alternative route is available to motorists to bypass the charging area. The document has also pointed out that the Central-Wan Chai Bypass ("CWB"), upon its commissioning, will serve as a free-of-charge alternative route, making it convenient for motorists whose journeys do not start nor end in Central or its adjacent areas to make a detour around the charging area. Regarding the effectiveness of CWB in easing the traffic congestion in Central, will the Government inform this Council:
  • (1)as the Government indicated in February 2014 that upon the commissioning of CWB, it would be only five minutes' drive from Central to Island Eastern Corridor at North Point, but now CWB cannot be completed in 2017 as originally scheduled and the number of vehicles in the territory upon the commissioning of CWB is expected to be higher than the original estimation, whether the Government has reassessed the time required for the aforesaid journey; if it has, of the details; if not, the reasons for that;

    (2)of the authorities' latest estimations of (i) the vehicular flows of CWB and its percentage in the design capacity of CWB, (ii) the reduction in vehicular flows on various major roads in Central as a result of the commissioning of CWB, and (iii) the effectiveness of CWB in easing the traffic congestion in Central, in the first five years upon the commissioning of CWB; and

    (3)given that the Commissioner for Transport indicated in an article published in a newspaper on 8 March of this year that, as pointed out in past studies, CWB would render no direct help to easing traffic congestion on non-major trunk roads (e.g. Queen's Road Central and Des Voeux Road Central) within Central, and at the time a large number of vehicles that needed to go into Central would still be using these roads, and the authorities therefore did not expect that the traffic congestion in the locations concerned would be much improved, of the details of the aforesaid studies and the data in support of the aforesaid conclusion?
Public Officer to reply : Secretary for Transport and Housing

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


I have received complaints from quite a number of residents in New Territories ("NT") West that the fares of the West Rail Line ("WRL") are too high and unreasonable (e.g. the travelling time from Tuen Mun Station of WRL to Hung Hom Station and that from Sheung Shui Station of the East Rail Line ("ERL") to Hung Hom Station are both about 38 minutes, but the single journey fare for the former is $22.5, which more than doubles the latter at $10.5). Moreover, the loading during morning peak hours on WRL has reached 104% at present, often making it difficult for passengers to board the train. Such residents have also pointed out that the Government has implemented a number of policies in support of the MTR Corporation Limited ("MTRCL"), including designating railways as the backbone of Hong Kong's public transport system and granting to MTRCL the property development rights along its railway lines, MTRCL should therefore have both the responsibility and financial ability to improve its railway services. In this connection, will the Government inform this Council:
  • (1)whether it knows the respective median incomes of the residents in Tuen Mun, Yuen Long, Tin Shui Wai, Fanling, Sheung Shui and Tai Po at present (set out in a table);

    (2)of the respective Octopus fares, in each of the past three years, for journeys (i) from WRL's Tuen Mun Station, Tin Shui Wai Station and Yuen Long Station to Hung Hom Station, and (ii) from ERL's Sheung Shui Station, Fanling Station and Tai Po Market Station to Hung Hom Station, and the respective percentages and amounts of the year-on-year increase in fares (set out in a table);

    (3)whether it knows WRL's operating expenditure, fare revenue and MTRCL's revenue from the property developments along WRL in each of the past three years;

    (4)of the Government's measures to help NT West residents address the problem of huge travelling expenses arising from high railway fares;

    (5)as there are comments that MTRCL's Fare Adjustment Mechanism fails to take into account the continuous revenue from MTRCL's property development rights, and that MTRCL has increased its fares on many occasions despite its huge profits over the years, whether the Government will expeditiously review the mechanism and consider listing MTRCL's property revenue as one of the considerations for fare adjustments;

    (6)given that several public and private housing developments will be commissioned in NT West over the coming decade, which will result in an incessant increase in the population of the district, whether the Government will conduct a review to ascertain if its policy of designating railways as the backbone of Hong Kong's public transport system, which has been implemented for many years, should be adjusted, and study ways to strengthen the non-railway public transport services in NT West so as to offer more choices to the residents there; if it will, of the details; if not, the reasons for that; and

    (7)given that except Austin Station, the platforms of all other stations of WRL can accommodate nine-car trains, whether the Government will study with MTRCL the feasibility of deploying nine-car trains to serve WRL, with a view to easing the over-crowdedness of WRL's cars during peak hours?
Public Officer to reply : Secretary for Transport and Housing

*18. Dr Hon Priscilla LEUNG to ask: (Translation)


Some electric vehicle ("EV") owners have relayed to me that EV chargers currently available for public use ("public chargers") are far from adequate, and EV owners often have to wait for quite a long time before they can get their EVs charged. These vehicle owners have also pointed out that the inadequate supply of public chargers has dampened the desire of members of the public to buy EVs, thus hindering the popularization of EVs. In this connection, will the Government inform this Council:
  • (1)of the current number of registered EVs in Hong Kong and the number of newly registered EVs in each of the past five years, with a breakdown by type of vehicle;

    (2)whether it knows (i) the respective numbers of standard, medium and quick public chargers currently available in the territory and (ii) among them, the respective numbers of those installed in the car parks under the Government, Hong Kong Housing Authority ("HKHA") and Hong Kong Housing Society ("HKHS"), and (iii) the number of public chargers newly installed in each of the past five years, together with a breakdown by District Council district;

    (3)whether the authorities have studied if the existing public chargers, in particular those available in the car parks under the Government, HKHA and HKHS, are adequate for meeting the demand; if they have studied and the outcome is in the affirmative, of the justifications; if the study outcome is in the negative, the authorities' improvement measures to address the concerns of those people intending to buy EVs about the inadequate supply of public chargers; and

    (4)given that the authorities amended in June 2011 the planning guidelines for new buildings to recommend 30% of private parking spaces in new buildings to be installed with charging facilities for EVs, and despite that several Members of this Council have all along been making enquiries to the authorities through different channels about the number of public chargers available in private properties, the authorities have failed to provide the relevant information, how the authorities grasp the number of public chargers available in private properties so as to ensure that they have an accurate grasp of the supply and demand situation of public chargers in promoting the use of EVs?
Public Officer to reply : Secretary for the Environment

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


The Commission of Inquiry into Excess Lead Found in Drinking Water ("the Commission") submitted the Report of the Commission of Inquiry into Excess Lead Found in Drinking Water ("the Report") to the Government at the end of last month. The relevant standards of the International Organization for Standardization as quoted in the Report state that "[i]f the effects of materials on water quality are being investigated, then the 'initial draw-off' should be sampled". The expert witnesses of the Commission have also confirmed that the test results indicated that the ratio of the samples of initial draw-off found to have excessive (i.e. exceeding the provisional guideline value set out in the World Health Organization's Guidelines for Drinking-water Quality) lead content was higher than that of "fully-flushed" samples. Moreover, as at 16 December 2015, the Education Bureau ("EDB") has conducted water tests for 772 kindergartens and 73 schools, and among the 2 223 drinking water samples, only 19 samples were found to have excessive lead content. However, some parents have pointed out that as EDB has taken fully-flushed water as samples, it is very likely that the lead content in the drinking water in school premises has been underestimated. In this connection, will the Government inform this Council:
  • (1)whether it has assessed the risk currently faced by teachers and students in consuming the drinking water in schools; if it has assessed and the results indicate a high risk, whether it will adopt immediate measures to reduce such risk;

    (2)whether it will conduct water tests for kindergartens, primary schools and secondary schools again by sampling initial draw-off; if it will, of the details; if not, the reasons for that;

    (3)whether it will expeditiously formulate a comprehensive drinking water safety plan for schools, including but not limited to the provision of free blood testing and healthcare follow-up services for the young school children and the pregnant and lactating teachers of those schools in which the drinking water has been confirmed to have excessive lead content, as well as conducting body checks and tests for them when necessary; and

    (4)given that high-level, inter-departmental meetings were immediately convened by the authorities during the initial stage of the incident of excessive lead found in the drinking water in public housing estates to follow up the incident, whether the authorities will make the same arrangement by convening inter-departmental meetings to coordinate the efforts of relevant government departments in ensuring the safety of drinking water in kindergartens and schools and helping the affected teachers and students?
Public Officer to reply : Secretary for Education

*20. Hon Alice MAK to ask: (Translation)


It has been reported that recently, some caravans have been placed on private agricultural land on Lantau Island on a long-term basis for rent as short-term accommodation. These caravans, which are equipped with water, electricity and air-conditioning, are well received by middle-income families and are often fully booked. It is learnt that travelling around in caravans has long been quite popular abroad, and travelling in this way gives travellers the opportunity to get close to nature while continuing to enjoy the convenience of modern life (e.g. water, electricity and air-conditioning). In Hong Kong, renting out caravans as short-term accommodation may involve changes in land use and installation of facilities such as water, electricity and sewerage disposal, etc. Some members of the public have pointed out that there is legislation in overseas countries, such as the United Kingdom, to regulate matters relating to caravans travelling on roads and their parking locations, etc. In this connection, will the Government inform this Council:
  • (1)whether it knows the current number of caravans available for rent in Hong Kong; whether there is currently any dedicated legislation regulating matters relating to caravans travelling on roads and their parking locations, etc.; if there is, of the details;

    (2)of the legislation regulating the renting out of caravans for use as short-term accommodation and the details (including the licences which an operator is required to obtain); the measures the Government has taken to help operators comply with the statutory requirements and obtain the relevant licences; and

    (3)whether it has reviewed the relevant legislation with a view to streamlining the procedure for application for the relevant licences for renting out caravans as short-term accommodation so as to promote this new form of tourism and leisure activity and enable more members of the public to get close to nature?
Public Officer to reply : Secretary for Home Affairs

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


At present, where the management consultative committee and a specified percentage of the tenants ("the threshold") of a public market under the Food and Environmental Hygiene Department ("FEHD") have pledged their support for retrofitting an air-conditioning system at the market, FEHD will conduct a technical feasibility study on the relevant works. On 1 July last year, the authorities lowered the threshold from 85% to 80%. In addition, the result of a questionnaire survey conducted among tenants of Tai Wai Market by FEHD in 2014 showed that 86.2% of the tenants expressed support for the retrofitting of an air-conditioning system. However, the works concerned have not yet commenced. In this connection, will the Government inform this Council:
  • (1)of the latest progress of the works for retrofitting an air-conditioning system at Tai Wai Market; whether there is a specific implementation scheme in place; if so, of the arrangements, costs, implementation schedule and the anticipated completion date of the works; if not, the reasons for that;

    (2)whether the works for retrofitting an air-conditioning system at Tai Wai Market will be carried out in phases; whether the market needs to be closed partially or completely during the period when the works are carried out; of the authorities' measures to reduce the impact of the works on the tenants; whether the authorities will provide assistance or compensation to the tenants during the period when the works are carried out; if they will, of the details; if not, the reasons for that;

    (3)of the public markets which had already met the 85% threshold before 1 July last year and, among them, those markets at which the works for retrofitting air-conditioning systems have not yet commenced at present; and

    (4)of the number of markets in respect of which the authorities have conducted questionnaire surveys on the retrofitting of air-conditioning systems since the threshold was lowered to 80%, and set out, by name of market, the years in which the questionnaire surveys were conducted, the results of the surveys and the progress of the works concerned?
Public Officer to reply : Secretary for Food and Health

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


Some public rental housing ("PRH") residents have relayed to me that the markets in certain districts are all under the Link Asset Management Limited ("the Link"), and the rentals of market stalls under the Link are higher than those of market stalls under the Food and Environmental Hygiene Department ("FEHD") or the Housing Department ("HD"). As a result, prices for the goods sold at the former are higher, thus posing a heavy financial burden on the residents. In April this year, the Secretary for Food and Health ("SFH") indicated at a special meeting of the Finance Committee of this Council that if members of the public had difficulties in buying groceries within the districts they live, the authorities would be most willing to explore the setting up of bazaars to help the residents. I have learnt that regular farmers' markets have now been set up in districts such as Central, Tai Po, etc., but the applications made by some organizations recently for renting public places in PRH estates for setting up bazaars have been rejected. In this connection, will the Government inform this Council:
  • (1)whether it has compiled statistics on the development of farmers' markets and other bazaars; if it has, of the details (including the dates, organizers, venues and forms) of the farmers' markets and other bazaars set up on government sites in the past three years;

    (2)of the number of applications for setting up bazaars received by various government departments in each of the past five years and, among them, the respective numbers of those which were approved, rejected, and are still being processed;

    (3)regarding applications for setting up bazaars on sites under the management of government departments such as HD, the Leisure and Cultural Services Department ("LCSD") and the Lands Department ("LandsD"), whether there is currently any mechanism for consulting residents in the vicinity and addressing their views; whether the various bureaux or government departments concerned will carry out relevant studies in the light of the SFH's indication of the authorities' willingness to develop bazaars; if they will, of the details; and the expected timetable for rolling out the relevant policy;

    (4)given that the setting up of privately-run bazaars in public places are subject to approval and/or granting of licences by the government departments concerned (e.g. HD, FEHD, LandsD, District Offices, LCSD and the Transport Department), and that SFH has indicated the authorities' willingness to explore the setting up of bazaars to help residents, whether the various government departments concerned will review the criteria adopted for vetting and approving applications for setting up bazaars and explore ways to streamline the vetting and approval procedure; if they will, of the details; if not, the reasons for that;

    (5)whether the authorities will approve in general the setting up on government sites of bazaars that mainly sell wet goods such as seafood, fresh meat, etc.; if they will not, of the reasons for that, and whether the authorities will consider relaxing such restriction; and

    (6)of the mechanism currently adopted by HD for vetting and approving applications for setting up bazaars in public places in PRH estates, and whether HD will publish information (e.g. location and size) of the public places available for application; if HD will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

* For written reply

III. Government Bills



Second Reading (Debate to resume), Committee Stage and Third Reading

1.Inland Revenue (Amendment) Bill 2016:Secretary for Financial Services and the Treasury
Under Secretary for Financial Services and the Treasury


Hon James TO to move Committee stage amendments

(The amendments were issued on 6 June 2016
under LC Paper No. CB(3) 672/15-16)

(Debate and voting arrangements for Committee stage of the Inland Revenue (Amendment) Bill 2016 (issued on 7 June 2016 under LC Paper No. CB(3) 676/15-16(01)))

2.Financial Institutions (Resolution) Bill:Secretary for Financial Services and the Treasury
Under Secretary for Financial Services and the Treasury


Secretary for Financial Services and the Treasury to move
Committee stage amendments

(The amendments were issued on 14 June 2016
under LC Paper No. CB(3) 694/15-16)

(Debate and voting arrangements for Committee stage of the Financial Institutions (Resolution) Bill (issued on 21 June 2016 under LC Paper No. CB(3) 715/15-16(01)))

IV. Government Motions



1.Proposed resolution under the Public Bus Services Ordinance

Secretary for Transport and Housing to move the following motion:

Resolved
that the franchise granted on 22 September 2015 under section 5 of the Public Bus Services Ordinance (Cap. 230) to Citybus Limited (城巴有限公司) and published in the Gazette as G.N. 7692 of 2015 is not subject to sections 27, 28, 29 and 31 of that Ordinance for the entire period of the franchise.

2.Proposed resolution under the Public Bus Services Ordinance

Secretary for Transport and Housing to move the following motion:

Resolved
that the franchise granted on 22 September 2015 under section 5 of the Public Bus Services Ordinance (Cap. 230) to New Lantao Bus Company (1973) Limited (新大嶼山巴士(1973)有限公司) and published in the Gazette as G.N. 7693 of 2015 is not subject to sections 27, 28, 29 and 31 of that Ordinance for the entire period of the franchise.

3.Proposed resolution under the Mutual Legal Assistance in Criminal Matters Ordinance

Secretary for Security to move the following motion:

Resolved
that the Mutual Legal Assistance in Criminal Matters (Sweden) Order, made by the Chief Executive in Council on 16 February 2016, be approved.

(The Order is in Appendix I and was also issued on
14 April 2016 under LC Paper No. CB(3) 518/15-16)

4.Proposed resolution under the Mutual Legal Assistance in Criminal Matters Ordinance

Secretary for Security to move the following motion:

Resolved
that the Mutual Legal Assistance in Criminal Matters (Argentina) Order, made by the Chief Executive in Council on 16 February 2016, be approved.

(The Order is in Appendix II and was also issued on
14 April 2016 under LC Paper No. CB(3) 518/15-16)

5.Proposed resolution under the Criminal Procedure Ordinance

Secretary for Home Affairs to move the following motion:

Resolved
that the Legal Aid in Criminal Cases (Amendment) Rules 2016, made by the Criminal Procedure Rules Committee on 4 May 2016, be approved.

(The Rules are in Appendix III and were also issued
on 13 May 2016 under LC Paper No. CB(3) 591/15-16)

6.Proposed resolution under the West Kowloon Cultural District Authority Ordinance

Secretary for Home Affairs to move the following motion:

Resolved
that the West Kowloon Cultural District (Public Open Spaces) Bylaw, made by the West Kowloon Cultural District Authority on 6 June 2016, be approved.

(The Bylaw is in Appendix IIIa and was also issued on
13 June 2016 under LC Paper No. CB(3) 689/15-16)

V. Members' Motions on Subsidiary Legislation and Other Instruments



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

Hon Tommy CHEUNG to move the following motion:

Resolved
that in relation to the -

(a)Public Health (Animals and Birds) (Animal Traders) (Amendment) Regulation 2016, published in the Gazette as Legal Notice No. 64 of 2016; and

(b)Specification of Public Offices (Amendment) Notice 2016, published in the Gazette as Legal Notice No. 68 of 2016,

and laid on the table of the Legislative Council on 25 May 2016, 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 13 July 2016.

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

Dr Hon CHIANG Lai-wan to move the following motion:

Resolved
that in relation to the Public Health and Municipal Services (Fees and Charges) (Museums) (Amendment) Regulation 2016, published in the Gazette as Legal Notice No. 84 of 2016, and laid on the table of the Legislative Council on 25 May 2016, 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 13 July 2016.

3.Proposed resolution under section 34(2) of the Interpretation and General Clauses Ordinance

Hon Claudia MO to move the following motion:

Resolved
that the -

(a)Public Health (Animals and Birds) (Animal Traders) (Amendment) Regulation 2016, published in the Gazette as Legal Notice No. 64 of 2016; and

(b)Specification of Public Offices (Amendment) Notice 2016, published in the Gazette as Legal Notice No. 68 of 2016,

and laid on the table of the Legislative Council on 25 May 2016, be repealed.

Public Officer to attend : Secretary for Food and Health

4.Proposed resolution under section 34(2) of the Interpretation and General Clauses Ordinance

Hon Claudia MO to move the motion in Appendix IIIb.


(The motion was also issued on 21 June 2016
under LC Paper No. CB(3) 710/15-16)

Public Officer to attend : Secretary for Food and Health

5.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. 8/15-16 of the House Committee laid on the Table of the Council on 16 December 2015 in relation to the subsidiary legislation and instrument(s) as listed below:

Item NumberTitle of Subsidiary Legislation or Instrument

(1)Census and Statistics (2016 Population Census) Order (L.N. 208/2015)

(2)Fifth Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences (S.S. No. 5 to Gazette No. 43/2015).

Public Officers to attend :Secretary for Financial Services and the Treasury (Item Number (1))
Secretary for the Environment (Item Number (2))

6.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. 9/15-16 of the House Committee laid on the Table of the Council on 6 January 2016 in relation to the subsidiary legislation and instrument(s) as listed below:

Item NumberTitle of Subsidiary Legislation or Instrument

(1)Legislative Council Ordinance (Amendment of Schedule 5) Order 2015 (L.N. 225/2015)

(2)Maximum Amount of Election Expenses (Legislative Council Election) (Amendment) Regulation 2015 (L.N. 226/2015).

Public Officer to attend : Secretary for Constitutional and Mainland Affairs

7.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. 21/15-16 of the House Committee laid on the Table of the Council on 22 June 2016 in relation to the subsidiary legislation and instrument(s) as listed below:

Item NumberTitle of Subsidiary Legislation or Instrument

(2)Immigration (Unauthorized Entrants) (Amendment) Order 2016 (L.N. 66/2016).

Public Officer to attend : Secretary for Security

VI. Members' Bills



First Reading

Bank of Communications (Hong Kong) Limited (Merger) Bill

Second Reading (Debate to be adjourned)

Bank of Communications (Hong Kong) Limited (Merger) Bill:Hon NG Leung-sing

Public Officer to attend : Secretary for Financial Services and the Treasury

Second Reading (Debate to resume), Committee Stage and Third Reading

Kowloon Tong Church of the Chinese Christian and Missionary Alliance Incorporation (Amendment) Bill 2014:Dr Hon Priscilla LEUNG

VII. Members' Motions



1.Motion under the Legislative Council (Powers and Privileges) Ordinance

Hon WONG Yuk-man to move the following motion:


That this Council appoints a select committee to inquire into the clashes between the Police and members of the public in Mong Kok from the night of 8 February to the early morning of 9 February 2016 which caused injuries to many people, and other related matters; and that in the performance of its duties the committee be authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of that Ordinance.

Public Officers to attend:Secretary for Security
Under Secretary for Security

2.Motion under the Legislative Council (Powers and Privileges) Ordinance

Hon WONG Yuk-man to move the following motion:


That this Council appoints a select committee to inquire into the incident of the alleged airport security breach by the family members of Chief Executive LEUNG Chun-ying during the period from the night of 27 March to the small hours of 28 March 2016, and other related matters; and that in the performance of its duties the committee be authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of that Ordinance.

Public Officers to attend:Secretary for Security
Under Secretary for Security

3.Actively studying the establishment of a middle class commission

Hon Tommy CHEUNG to move the following motion:
(Translation)

That this Council requests the Government to actively study the establishment of a middle class commission.

Amendments to the motion
(i)Hon Frankie YICK to move the following amendment: (Translation)

To add "the middle class has always been an important force for maintaining social stability and promoting economic development, but in recent years, the long-standing concerns in the external economic environment, the seriously lopsided development of Hong Kong's industries, the short supply of housing, the polarization between the rich and the poor, and the never-ending political wrangling have caused the middle class to face problems of housing, taxation, education and healthcare, etc., and created a trend of downward mobility of the middle class; the Government's support for the middle class has all along been limited to one-off relief measures such as providing tax rebates, increasing tax allowances, exempting rates or offering electricity charge subsidies, etc., but these measures are just utterly inadequate for the middle class and have not practically alleviated their plight; in addition, as currently there is no precise definition of the middle class, and the Government does not regularly provide statistics and information specific to the middle class, if the authorities or community organizations use such information to formulate policies or measures to support the middle class, such policies or measures will very often be out of focus, biased and superficial; in this connection," after "That"; and to add "to comprehensively review the policies or measures relating to the middle class from a focused and higher-level perspective, so as to alleviate the various problems faced by the middle class and consolidate the strength of the middle class, thereby promoting afresh economic development and strengthening the momentum of upward mobility of the community as a whole; the relevant measures should include: Definition (1) to lay down a clear and precise definition of the middle class, and regularly publish relevant statistics in respect of the definition; Development of industries (2) to adopt a multi-pronged approach to promote diversified development of industries in Hong Kong, so as to create more jobs at the middle and senior levels as well as business start-up opportunities in various industries and professions; (3) to further strengthen regional economic development for integration with the economic development circles of different regions on the Mainland, so as to provide more and better career development opportunities for middle-class professionals within or outside the territory; Housing (4) to expedite the identification of land for developing new development areas, optimize the use of rock caverns and carry out reclamation on an appropriate scale outside Victoria Harbour, so as to increase the supply of residential land on all fronts; and to increase the transparency of the housing plans as well as the supply of and demand for residential land for the next 10 years, and conduct an interim strategic review of and make corresponding adjustment to the relevant plans every five years; (5) to actively study the exploitation of green belt areas and 'brownfield sites' for the purpose of residential development; (6) to introduce a tax allowance for rentals for the marginal middle class; Taxation (7) to adjust salaries tax downwards, in particular widening tax bands for salaries tax and lowering the marginal rate, so as to vigorously alleviate the burden of the marginal middle class; (8) to relax the restrictions on the dependent parent or dependent grandparent allowance by relaxing the eligibility requirement from living in the same unit to living in the same housing estate; Education (9) to introduce a tax allowance for children's education to alleviate the burden of children education expenses on middle-class families; (10) to substantially increase the salaries tax deduction for self-education expenses and the subsidy under the Continuing Education Fund; Healthcare (11) to provide tax deduction for medical insurance contributions; and (12) to provide tax deduction for medical examinations to encourage the middle class to undergo such examinations on a regular basis" immediately before the full stop.

(ii)Hon SIN Chung-kai to move the following amendment: (Translation)

To add "as the Government has disregarded the needs of the middle class over the years," after "That"; to delete "establishment of a" after "study the" and substitute with "concerns of the"; and to delete "commission" immediately before the full stop and substitute with ", which include: (1) raising the various tax allowances, including the basic allowance for individuals, married person's allowance as well as dependent parent allowance, and widening the tax bands for salaries tax and abolishing the standard rate for salaries tax, so that members of the public pay their salaries tax according to the marginal tax rate, thereby alleviating the tax burden on the middle class; (2) reintroducing the Sandwich Class Housing Scheme to increase the opportunities for the middle class to acquire homes; (3) increasing the numbers of days of paid maternity leave and paternity leave and introducing flexible working hours to perfect family-friendly policies and promote a culture of work-life balance; (4) reviewing the teaching quality of government and subsidized schools, and allocating additional resources for such schools to adopt the teaching mode of Direct Subsidy Scheme schools and the merits of International Baccalaureate programmes, so that children of middle-class families can enjoy quality education; (5) upholding local core values and combating corruption to rebuild a society with integrity and fairness, thereby providing the middle class with an environment with fair competition; and (6) formulating proposals for electing the Chief Executive and the Legislative Council by universal suffrage with equal rights to make nomination, to vote and to stand for election in an open, fair and impartial manner, with a view to forging a consensus on promoting democracy, thereby strengthening the middle class's sense of belonging to Hong Kong".

(iii)Hon Christopher CHEUNG to move the following amendment: (Translation)

To add "the middle class, despite being the mainstay of Hong Kong society, has to bear increasingly heavy livelihood and financial burdens and face pressures of downward mobility; in this connection," after "That"; to delete "actively study the establishment of" after "Government to" and substitute with "expeditiously establish"; and to add "to formulate permanent and focused policies and measures, with a view to alleviating the livelihood and financial burdens of the middle class and providing them with more opportunities for upward mobility and room for development" immediately before the full stop.

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

To add "as the Government's measures to assist the middle class in recent years have no merit worth mentioning, the middle class has been unable to resolve their livelihood difficulties; in this connection," after "That"; to delete "actively study the establishment of" after "Government to" and substitute with "expeditiously establish"; and to add "whose functions include studying the following matters: (1) immediately constructing subsidized housing on idle Government land and increasing the number of subsidized sale flats to provide the middle class with a home acquisition ladder, and to enable the middle class to purchase flats for self-occupation at reasonable prices; (2) expeditiously implementing 15-year free education and stepping up the regulation of Direct Subsidy Scheme schools to ensure that the tuition fees of such schools are set at a reasonable level, thereby alleviating the burden of children education expenses on middle-class families; (3) refraining from using a salary-based approach to define the scope of application of standard working hours to ensure that the middle class has more leisure time to enjoy life; and (4) stepping up the regulation of private hospitals, enhancing the service quality of public hospitals, allocating additional land for constructing private hospitals, and immediately abolishing the Drug Formulary system, so as to alleviate the healthcare burden on the middle class" immediately before the full stop.

(v)Hon Starry LEE to move the following amendment: (Translation)

To add ", as the middle class is the mainstay of society," after "That"; and to add "to cater for the interests of the middle class and respond to their different demands, as well as to create more opportunities for upward mobility to expand the ratio of the middle-class population, thereby enabling the society to develop in a sustainable, stable and harmonious manner" immediately before the full stop.

Public Officers to attend :Secretary for Financial Services and the Treasury
Under Secretary for Financial Services and the Treasury

4.Reconstructing the image of Hong Kong's tourism industry

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

That according to the Third Quarter Economic Report 2015 published by the Government in November 2015, inbound tourism slackened further in the third quarter of 2015, and overall visitor arrivals to Hong Kong fell by 6.4% as compared to the same period last year, the first decline since the third quarter of 2009; the Report also points out that exports of travel services (covering visitors' spending on shopping, food and beverages, accommodation and entertainment, etc.) fell by 5.6% in real terms in the third quarter, and the average achieved hotel room rate also dropped by 13.1% as compared to the same period last year; as the share of tourists' shopping expenditure in retail sales value has been substantial (around 42% in 2014), the further slackening of inbound tourism has led to a decline in Hong Kong's total retail sales value for seven consecutive months this year, recording the longest downward trend over the past six years; this will also further affect Hong Kong's economy and employment; in this connection, this Council urges the Government to seriously review the reasons for the decline in visitor arrivals to Hong Kong, formulate corresponding measures and allocate additional resources to reconstruct the positive image of the tourism industry, with a view to preventing the continued decline in visitor arrivals to Hong Kong which will affect Hong Kong's economic development.

Amendments to the motion
(i)Hon TANG Ka-piu to move the following amendment: (Translation)

To add ", the tourism industry has all along brought a large number of middle-level and elementary job opportunities to the hotel, catering and transport sectors, etc.; however," after "That"; to add "to reverse the present development trend of the Hong Kong tourism industry, which emphasizes quantity rather than quality, so as" after "resources"; to delete ", with a view to preventing the continued decline in visitor arrivals to Hong Kong which will affect" after "tourism industry" and substitute with "and enable healthy development of the tourism industry, with a view to creating more job opportunities and promoting"; and to add "; the relevant measures should include: (1) to expeditiously establish a travel industry authority to centrally monitor travel agents, tour escorts and tourist guides; (2) to adopt decisive measures to combat the use of unscrupulous operation practices in the tourism sector such as 'zero/negative/low-fare' tours and coerced shopping, etc., and step up publicity among visitors to Hong Kong on the need for vigilance against those unscrupulous operation practices and on the channels for lodging complaints; and to examine regulating the proportion and duration of 'arranged shopping' in the daily itinerary of inbound tours from the Mainland; (3) to formulate an overall development strategy for the tourism industry, which should not only facilitate visitors in retail consumption, but also strengthen the development of exploration tourism, including local in-depth tourism, cultural tourism and eco-tourism, so as to attract visitors of different types (including visitors who are with high spending power, young or stay overnight) to Hong Kong; (4) to promote the development of tourism supporting facilities and scenic spots, such as home-stay lodgings, creativity bazaars and night markets, etc., and to amend existing legislation to support and dovetail with such development; (5) to improve the infrastructural facilities (including water and power supply facilities) and transport links on some outlying islands, such as Po Toi Island and Tung Ping Chau, etc., so as to make good use of their rich tourism resources for developing these places as new tourist spots and benefit the economic development of local residents; (6) to improve the hardware ancillary facilities at existing scenic spots and step up the promotion of a 'hospitable culture' among the tourism sector and the public, with a view to upgrading the tourism quality of Hong Kong; and (7) to closely keep in view changes in visitor arrivals to Hong Kong and activities of visitors carrying duty-free commodities into the Mainland for sale (commonly known as 'parallel trading activities'), and to join hands with the Mainland authorities to continuously combat parallel trading activities and formulate timely and appropriate measures, so as to deal with the problem at root and reduce unnecessary conflicts between Mainland visitors and local people" immediately before the full stop.

(ii)Hon POON Siu-ping to move the following amendment: (Translation)

To add ", as the Hong Kong tourism industry and related industries employ over 200 000 employees, which is around 7.6% of the overall employment population in Hong Kong, the livelihood of the 200 000-odd employees will directly be affected if the tourism industry development continues to shrink; yet," after "That"; to add "effective" after "formulate"; and to add "enhance the binding effect of the industry directives issued by the Travel Industry Council of Hong Kong to ensure protection of the rights and interests of front-line staff in the tourism industry, expeditiously establish a tourism industry authority to balance the rights and interests of the operators and practitioners in the tourism industry, and" after "resources to".

(iii)Hon Gary FAN to move the following amendment: (Translation)

To add "the Government has proposed in the 2015-16 Budget that an additional $80 million will be allocated to the Hong Kong Tourism Board to step up its promotion of the tourism industry; however," after "That"; and to add "to develop a greater variety of tourism, including cultural tourism and eco-tourism with local characteristics, etc., to welcome tourists from around the world, and to step up efforts to combat rip-offs such as 'zero/negative-fare' tours and 'shadow tour group members', etc., adopted by Mainland travel agencies, so as" after "resources".

(iv)Hon Paul TSE to move the following amendment: (Translation)

To add "tourism and related industries are of utmost importance to the economy of Hong Kong, but" after "That"; to add "establish a tourism bureau to consolidate the various tourism-related departments and institutions, and" after "the decline in visitor arrivals to Hong Kong,"; and to delete "and allocate additional resources" after "measures" and substitute with "to conduct studies on effective use of resources and overall planning, execution and regulation".

(v)Hon CHAN Hak-kan to move the following amendment: (Translation)

To add "Hong Kong's tourism industry is now facing challenges;" after "That"; and to add "; when formulating measures on promoting the development of the tourism industry, the Government should focus on enhancing the visitor receiving capacity of Hong Kong society, including increasing the number of tourist spots and improving transportation and other ancillary facilities, etc., and take full account of the actual situations in Hong Kong, so as to avoid any adverse impacts on people's daily lives; at the same time, the Government should expeditiously establish a travel industry authority to enhance the regulatory regime for the tourism industry, and step up law enforcement to combat unscrupulous shop operators who rip off visitors" immediately before the full stop.

(vi)Hon Charles Peter MOK to move the following amendment: (Translation)

To add "coupled with the fact that Hong Kong lags behind other Asian competitors due to its shortage of large-scale convention facilities," after "past six years;"; and to add "and expedite the expansion of the Hong Kong Convention and Exhibition Centre and the planning of new convention facilities to enhance Hong Kong's capacity to hold conventions and attract more high value-added business travellers," after "tourism industry,".

(vii)Hon SIN Chung-kai to move the following amendment: (Translation)

To add "expeditiously establish a travel industry authority to strengthen the monitoring of local travel agents, tour escorts and tourist guides," after "the decline in visitor arrivals to Hong Kong,"; and to add "step up promotion in the international market and" after "resources to".

(viii)Hon Jeffrey LAM to move the following amendment: (Translation)

To add "and" after "the decline in visitor arrivals to Hong Kong,"; to delete "and allocate additional resources to" after "measures" and substitute with ", including giving consideration to examining afresh the entry arrangements and policy for Mainland visitors and relieving Mainland visitors' sentiments, with a view to reversing the decline in visitor arrivals to Hong Kong in the short run; in the long run, the Government should also formulate a comprehensive development strategy and blueprint for the tourism industry, and make stronger efforts to develop different tourism facilities and scenic spots, so as to"; and to delete "continued decline in visitor arrivals to Hong Kong" after "preventing the" and substitute with "persistent shrinkage of visitor arrivals to Hong Kong".

(ix)Dr Hon Fernando CHEUNG to move the following amendment: (Translation)

To delete ", with a view to preventing the continued decline in visitor arrivals to Hong Kong which will affect Hong Kong's economic development" immediately before the full stop and substitute with "; the relevant measures include: monitoring visitor arrivals to Hong Kong based on the actual visitor receiving capacity of Hong Kong, so as to attract visitors from different countries to Hong Kong with planning and promote the sustainable development of the tourism industry; and regulating activities of carrying duty-free commodities into the Mainland for sale (commonly known as 'parallel trading activities') to avoid the impacts of massive parallel trading activities on Hong Kong people's quality of life".

Public Officers to attend :Secretary for Commerce and Economic Development
Under Secretary for Commerce and Economic Development

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



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 Hon WONG Yuk-man is in Appendix IV and was also issued on 3 June 2016 under LC Paper No. CB(3) 664/15-16.

IX. Motion for the Adjournment of the Council



Motion for the adjournment of the Council under Rule 16(4) of the Rules of Procedure

Hon Claudia MO to move the following motion:
(Translation)

That this Council do now adjourn for the purpose of debating the following issue: the successive 'forced disappearance' of the shareholders and managers of Causeway Bay Books.

Public Officers to attend :Secretary for Secretary for Security
Under Secretary for Security

Clerk to the Legislative Council