A 15/16-34

Legislative Council

Agenda

Wednesday 13 July 2016 at 11:00 am

I. Tabling of Papers



1.No. 118-Hong Kong Deposit Protection Board
Annual Report 2015-2016
(to be presented by the Financial Secretary)

2.No. 119-Clothing Industry Training Authority
Annual Report 2015
(to be presented by Secretary for Labour and Welfare)

3.No. 120-Sir Robert Black Trust Fund
Report of the Trustee on the Administration of the Fund
for the year ended 31 March 2016
(to be presented by Secretary for Home Affairs)

4.No. 121-Report of the Public Accounts Committee on Report No. 66 of the Director of Audit on the Results of Value for Money Audits (July 2016 - P.A.C. Report No. 66)
(to be presented by Hon Abraham SHEK, Chairman of the Public Accounts Committee, who will address the Council)

5.Report of the Finance Committee on the examination of the Estimates of Expenditure 2016-2017
(to be presented by Hon CHAN Kin-por, Chairman of the Finance Committee, who will address the Council)

6.Report of the Committee on Members' Interests of the Fifth Legislative Council
(to be presented by Hon IP Kwok-him, Chairman of the Committee on Members' Interests)

7.Committee on Rules of Procedure Progress Report for the period October 2015 to July 2016
(to be presented by Hon TAM Yiu-chung, Chairman of the Committee on Rules of Procedure, who will address the Council)

8.Committee on Access to the Legislature's Documents and Records Progress Report for the period April 2014 to July 2016
(to be presented by the President of the Legislative Council)

9.Report No. 22/15-16 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Andrew LEUNG, Chairman of the House Committee)

10.Report of the Bills Committee on Bank of Communications (Hong Kong) Limited (Merger) Bill
(to be presented by Hon SIN Chung-kai, Chairman of the Bills Committee)

11.Report of the Panel on Development 2015-2016
(to be presented by Hon Tony TSE, Chairman of the Panel, who will address the Council)

12.Report of the Panel on Commerce and Industry 2015-2016
(to be presented by Hon WONG Ting-kwong, Chairman of the Panel, who will address the Council)

13.Report of the Panel on Manpower 2015-2016
(to be presented by Hon KWOK Wai-keung, Chairman of the Panel, who will address the Council)

14.Report of the Panel on Financial Affairs 2015-2016
(to be presented by Hon NG Leung-sing, Chairman of the Panel, who will address the Council)

15.Report of the Panel on Welfare Services 2015-2016
(to be presented by Hon CHEUNG Kwok-che, Chairman of the Panel, who will address the Council)

16.Report of the Panel on Administration of Justice and Legal Services 2015-2016
(to be presented by Hon Martin LIAO, Chairman of the Panel, who will address the Council)

17.Report of the Panel on Health Services 2015-2016
(to be presented by Dr Hon LEUNG Ka-lau, Deputy Chairman of the Panel, who will address the Council)

18.Report of the Panel on Education 2015-2016
(to be presented by Dr Hon LAM Tai-fai, Chairman of the Panel, who will address the Council)

19.Report of the Panel on Transport 2015-2016
(to be presented by Hon Michael TIEN, Chairman of the Panel, who will address the Council)

II. Questions



1. Ir Dr Hon LO Wai-kwok to ask: (Translation)


In recent years, quite a number of units in industrial buildings have been converted for various uses. Last month, a No. 4 alarm fire broke out in units on several storeys in an old industrial building in Kowloon Bay. The fire had raged for several days and caused injuries to and death of a number of fire personnel before it was extinguished. The authorities indicated that as the units concerned had been sub-divided into hundreds of mini-storages, making the layout very complicated, and the various mini-storages were locked, it was difficult to put out the blaze. The fire has aroused concern about the fire safety of industrial buildings. In this connection, will the Government inform this Council:
  • (1)of the number of fire safety inspections conducted by the authorities on old industrial buildings and the number of Fire Hazard Abatement Notices issued to the persons concerned, in each of the past three years;

    (2)whether it will expeditiously formulate guidelines to regulate the layouts, partition materials, types of items to be stored and basic fire service facilities, etc. in respect of the mini-storages in old industrial buildings; if it will, of the details; if not, the reasons for that; and

    (3)whether it will, upon making reference to overseas experience, amend the relevant legislation to require owners, owners' corporations and property management companies of industrial buildings to regularly arrange fire risk assessments to be conducted for the buildings concerned and such assessments, under specified circumstances, be conducted by registered fire engineers, so as to facilitate the authorities to issue fire safety certificates after ensuring the buildings' compliance with the requirements; if it will, of the details; if not, the reasons for that?
Public Officers to reply :Secretary for Security
Secretary for Development
Under Secretary for Development

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


At present, meals for persons detained in cell holding units in various Magistrates' Courts ("detainees") are mainly supplied by the canteens in nearby police stations. I have received quite a number of complaints in recent months that the takeaway boxed meals supplied by such canteens were lukewarm and unhygienic, causing some people to feel ill after having the meals. In reply to my enquiry about the canteen in the Kowloon City Police Station, the authorities have indicated that according to section 4 of the Food Business Regulation, the expression "food business" does not include "any canteens provided in work places for the use exclusively of the persons employed in the work places", and hence the canteen concerned is not required to hold a food business licence. However, some people have pointed out that as detainees are not employed in the Kowloon City Police Station, it may be illegal for the canteen to supply meals to the detainees in the Kowloon City Magistrates' Courts. On the other hand, the authorities have also indicated that the detainees may, with the consent of the departments concerned, request that arrangement be made by their relatives and friends at their expenses for meals to be supplied to them by outside restaurants, and the meals are required to go through security checks conducted by the relevant departments. In this connection, will the Government inform this Council:
  • (1)as the food supplied by restaurants holding food business licences ("licensed restaurants") is required to meet food safety standards, whether the authorities will consider having the meals for detainees supplied by licensed restaurants instead; if they will, of the implementation time; if not, the reasons for that, and whether such reasons include the Government's disregard for such people's rights;

    (2)whether the authorities will consider having the meals for detainees in Magistrates' Courts to be supplied by licensed restaurants which are located within the Magistrates' Courts (including those located in the Kowloon City Magistrates' Courts) instead; whether there are licensed restaurants in each of the Magistrates' Courts at present; if not, whether the authorities will immediately conduct open tenders for selection of contractors to open restaurants in those Magistrates' Courts which do not have any licensed restaurant; and

    (3)as the relatives and friends of some detainees have relayed to me that the police officers stationed in the Kowloon City Magistrates' Courts have refused to deliver food to detainees bought by them from the licensed restaurants in the Magistrates' Courts, of the current application procedure for supplying food to detainees by their relatives and friends, including the method and criteria adopted for vetting and approving the applications and the departments involved; whether the authorities will simplify the procedure?
Public Officer to reply : Secretary for Security

3. Hon Claudia MO to ask: (Translation)


It has been reported that starting from this year, the Education Bureau will offer Putonghua courses for kindergarten ("KG") teachers during the summer vacation. Some KG principals have remarked that while teaching young children Putonghua in the form of interest class should not give rise to any problem, incorporating Putonghua into the formal curriculum will create pressure on teachers and students as well as parents. Moreover, it may not be an ideal arrangement for young children to learn several languages at the same time. In this connection, will the Government inform this Council:
  • (1)whether it has any plan to revise the Guide to the Pre-primary Curriculum to incorporate Putonghua curriculum; if it has such a plan, of the justifications and the implementation timetable;

    (2)whether it has conducted on its own or commissioned academics to conduct studies to compare young children learning Cantonese, English and Putonghua with those children learning only Cantonese and English in respect of their learning progress and development in other areas; if there are such studies, of the outcome; if not, the reasons for that; and

    (3)as some parents of ethnic minority ("EM") young children have indicated that since their children are learning three completely different languages or dialect (i.e. their native languages, English, and Cantonese) at present, such children may not be able to cope with the learning of an additional language (i.e. Putonghua), whether the authorities will provide more comprehensive and effective learning support for EM young children to facilitate their learning of various languages; if they will, of the details of the support measures?
Public Officer to reply : Secretary for Education

4. Hon Alvin YEUNG to ask: (Translation)


The major tasks of the Standing Committee of the 12th National People's Congress ("NPCSC") for this year include: "conducting tracking studies on the Basic Law of Hong Kong..., improving the systems and mechanisms relating to the implementation of the Basic Law, strengthening 'one country, two systems' and the theoretical research and publicity of the Basic Law...". The Deputy Director of the Basic Law Committee ("BLC") has said earlier that as next year will mark the 20th anniversary of the reunification of Hong Kong, it is high time to review the implementation of the Basic Law in the Hong Kong Special Administrative Region ("SAR"). On the other hand, some Hong Kong residents call for a review of the Basic Law in order to truly realize the principles of "one country, two systems" and "high degree of autonomy". These residents are dissatisfied that certain articles of the Basic Law have impeded the true implementation of a high degree of autonomy. They have also expressed concern that the Basic Law lacks a clear description of the political, social and economic systems, etc. of Hong Kong after 2047. In this connection, will the Government inform this Council:
  • (1)whether it will take the initiative to approach the relevant parties to gain an understanding from them, and inform this Council of the details, of the review to be conducted by NPCSC and BLC regarding the implementation of the Basic Law, including the timetable, scope of review, consultation approach, etc.;

    (2)given that under Article 159 of the Basic Law, the Chief Executive has a role in the amendment of the Basic Law, whether the SAR Government has plans to take the initiative to review the Basic Law and establish channels for Hong Kong residents to participate in the process and forward their views to the Central Authorities and BLC for reference in the review of the Basic Law; and

    (3)whether it will consider the proposal of the Civic Party to hold a Hong Kong affairs conference under the chair of the SAR Government after the Legislative Council election in September this year to review the Basic Law and deal with the current major crises in the governance of SAR, and to invite representatives from the Central Authorities to sit in on such conference, as well as representatives from various sectors of the community and people with different political views in SAR to participate in it; if it will not, of the reasons for that?
Public Officers to reply :Secretary for Constitutional and Mainland Affairs
Under Secretary for Constitutional and Mainland Affairs

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


The gross domestic product per capita of Hong Kong rose by 60% from about $190,000 in 2004 to $310,000 in 2015. However, the real wage index in the same period showed a meagre increase of 0.5% in 11 years after hitting its bottom point in March 2004. This reflects that wage earners have not been able to share the fruits of economic prosperity. Moreover, there are comments that as the cumulative inflation rate between 2009 and 2015 was about 23%, wage earners, in a situation of stagnant income, need to face the predicament of ever increasing living expenses, which results in their quality of life deteriorating. In addition, there are comments that the Government favours the interests of the business sector without regard to labour rights and interests when formulating policies. Also, the high land premium policy has resulted in high levels of shop and office rentals, which is not conducive to the development of various trades and industries, and throttled the room for survival of small enterprises. In this connection, will the Government inform this Council:
  • (1)whether it has studied if the comments that the Government favours the business sector but not wage earners are justified; if it has studied and the outcome is in the affirmative, how the Government will reverse such a situation, such as whether it will introduce progressive profits tax, capital gains tax, etc., so as to achieve wealth re-distribution and enable wage earners and grassroots families to have a share of the fruits of economic prosperity;

    (2)whether it will comprehensively review the legislation related to labour rights and interests and enact labour laws such as legislation on standard working hours, so as to enable wage earners to enjoy the labour rights, interests and protection that they deserve; and

    (3)whether it has explored ways to create more job opportunities and expand the room for survival of small enterprises, with a view to creating opportunities for wage earners and small enterprise owners to move upward?
Public Officers to reply :Secretary for Commerce and Economic Development
Secretary for Labour and Welfare
Under Secretary for Financial Services and the Treasury

6. Hon Michael TIEN to ask: (Translation)


On the 28th and 29th of last month, two serious traffic accidents involving works vehicles occurred on Tsing Kwai Highway and Tsing Long Highway respectively, killing three road repair workers and injuring three others in total. In addition, vehicles carrying out road maintenance and repair works on highways in late hours are referred to as "highway killers" by some drivers, as traffic accidents may occur if drivers are not attentive enough. In this connection, will the Government inform this Council:
  • (1)of the number of traffic accidents involving works vehicles in the past 10 years, together with the details of each accident (including the date and time of occurrence, the casualties, etc.);

    (2)of the details of the existing legislation and guidelines for monitoring road works contractors' operations on highways; whether the relevant government departments regularly conduct inspections to see if the contractors have strictly complied with such legislation and guidelines, and what penalties will be imposed on the contractors for non-compliance; and

    (3)given that a number of traffic accidents involving road maintenance and repair works have occurred in recent years, whether the authorities will consider, with reference to overseas legislation and experience, conducting a comprehensive review of the legislation and guidelines for monitoring such works, so as to safeguard the safety of road repair workers and drivers; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

*7. Hon Alan LEONG to ask: (Translation)


The flats in some old public rental housing ("PRH") estates in Hong Kong (e.g. Kai Yip Estate, Kowloon Bay) are equipped with open-fronted balconies. In the past, quite a number of residents of those housing estates installed aluminium windows on their own initiatives to keep wind and rain out of the balconies and kitchens in which cooking utensils and electrical appliances were placed. Upon the full implementation of the Minor Works Control System under the Buildings Ordinance (Cap. 123) in 2010, PRH residents must first obtain an "approval-in-principle letter" from the Housing Department ("HD") before they may carry out window installation works, and the relevant works must comply with the requirements under the relevant legislation regarding natural lighting and ventilation for rooms. HD indicated in 2014 that 60 000-odd flats in those old PRH estates would not meet the aforesaid legal requirements after installation of windows at the balconies ("affected PRH flats"). As such, HD would not grant approval to residents for installing windows at the balconies of such flats. HD has suggested the residents concerned using mobile wind shutters, watertight shutters or PVC screens at the balconies. However, some residents have pointed out that those installations are ineffective in keeping out wind, rain and cold currents, and the wet and slippery balconies could easily cause fire due to short circuit in electrical appliances as well as slip and trip accidents resulting in injuries to the residents. In this connection, will the Government inform this Council:
  • (1)of the legislative intent of the legal requirements regarding natural lighting and ventilation; whether it has conducted any reviews to see if those requirements still suit the present circumstances; if such reviews have been conducted, of the outcome;

    (2)of the current number of affected PRH flats, together with a breakdown by housing estate;

    (3)given that HD indicated in reply to my enquiry in 2014 that HD and the Buildings Department would continue to hold discussions on whether or not tenants could install windows at balconies of PRH flats, of the latest progress of such discussions; and

    (4)whether HD will suggest better ways, apart from the use of installations such as wind shutters, for residents to keep out wind and rain; if HD will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


Will the Government inform this Council of the respective numbers, percentages and cumulative percentages of assessed properties broken down by their monthly rateable values as at (i) 1 April 2014, (ii) 1 April 2015 and (iii) 1 April 2016 (set out by year in tables of the same format as the table below)?

as at 1 April ______

Monthly rateable values ($) Assessed properties
NumberPercentageCumulative percentage
Less than 5,000   
5,000 to 10,000   
10,001 to 20,000   
20,001 to 30,000   
30,001 to 40,000   
40,001 to 50,000   
50,001 to 60,000   
60,001 to 70,000   
70,001 to 80,000   
80,001 to 90,000   
90,001 to 100,000   
100,001 to 120,000   
120,001 to 140,000   
140,001 to 160,000   
160,001 to 180,000   
180,001 to 200,000   
200,001 or above   

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

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


Mr LAM Wing-kee, the manager of Causeway Bay Books, returned to Hong Kong on the 14th of last month after having gone missing for nearly eight months, and held a press conference two days later to make public the details of his being detained by the Mainland authorities on the Mainland. Mr LAM also disclosed that two Mainland officials from a central special investigation task force had escorted him back to Hong Kong and requested him to bring back to the Mainland the computer harddisk containing the book-selling records of the bookstore as well as report regularly to them his whereabouts in Hong Kong using instant messaging applications. On the other hand, the Chief Executive ("CE") indicated on the 20th of last month that he would relay in writing to the Central Authorities Hong Kong people's concerns and worries about the incident of five shareholders or employees of Causeway Bay Books reported missing, as well as review and improve the existing Arrangements on the Establishment of a Reciprocal Notification Mechanism between the Mainland Public Security Authorities and the Hong Kong Police, and that he would dispatch officials to the Mainland to follow up the matters concerned if necessary. In this connection, will the Government inform this Council:
  • (1)whether it knows the identity of the two aforesaid Mainland officials who escorted Mr LAM back to Hong Kong, and the types of endorsements on which they entered the territory;

    (2)whether it has assessed if Mainland officials' conducting surveillance on Hong Kong people suspected of having breached Mainland laws and gathering evidence for such cases in Hong Kong are tantamount to enforcing laws across the boundary, discharging duties across the boundary or contravening conditions of stay; if it has assessed and the outcome is in the affirmative, of the ways in which the authorities will follow up and pursue the matter; and

    (3)as some members of the public are gravely concerned about this incident of Mainland law enforcement officers allegedly enforcing laws across the boundary in Hong Kong and they comment that the incident, if substantiated, suggests that the Mainland authorities have destroyed "one country, two systems", whether CE will consider going to Beijing in person to follow up the matter direct with the Central Authorities; if he will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

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


Regarding the appointment of representatives of trade unions or employee bodies as non-official members of advisory and statutory bodies ("ASBs"), will the Government inform this Council:
  • (1)of the current respective numbers and proportions of representatives of trade unions or employee bodies in the non-official members of various ASBs (set out in the table below);

    Name of ASB Representatives of trade unions or employee bodies
    NumberProportion
       

    (2)of the details of the invitations extended in the past five years by the authorities to representatives of the relevant trade unions or employee bodies to join various ASBs (set out in the table below); and

    Name of ASB Name of trade union or employee body Number of persons accepting invitation Number of persons declining invitation
        

    (3)whether it has stipulated any criteria for appointing representatives of the relevant trade unions or employee bodies to ASBs; if it has, of the details; if not, the reasons for that; for those ASBs whose non-official members do not include representatives of such type, how they gauge the views of the employees in the relevant industries when performing their functions; whether it will require that among the non-official members of various ASBs, a certain number and proportion of the members must be representatives of such type; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

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


Recently, the global economy has been plagued with quite a number of negative news. For example, the result of the referendum in the United Kingdom was in favour of leaving the European Union, the debt levels in Eurozone remain high, the United States has entered an interest rate up-cycle, the growth of the Mainland's economy has continued to slow down, etc. There are comments that in the face of such unfavourable external factors, it is difficult for Hong Kong, being an open and externally oriented economy, to be spared of those crises. The local economy has already shown signs of a downward trend, thus pointing to an unpromising employment outlook. In delivering the Budget speech this year, the Financial Secretary has pointed out that as the local economy is laden with considerable risks in the year ahead, the authorities "need to take timely and appropriate measures to stimulate the economy, support local enterprises and safeguard employment". In this connection, will the Government inform this Council:
  • (1)of the industries the unemployment rates of which over the past four quarters were higher than the overall unemployment rate; the measures taken last year by the authorities targeting such industries to offer them relief and stabilize their employment rates;

    (2)of the data the authorities have mainly made reference to in assessing the downward risks of the local economy; the circumstances under which the authorities will decide to take measures to stimulate the economy, as well as the details of such measures; and

    (3)whether, in the face of the current uncertain economic outlook, the authorities will shortly introduce new measures to help local enterprises tide over the financial difficulties and safeguard employment?
Public Officer to reply : Secretary for Commerce and Economic Development

*12. Dr Hon CHIANG Lai-wan to ask: (Translation)


With the growing popularity of emerging three-dimensional ("3D") printing technology in recent years, there is a keen demand for talents who have mastered such technology. In this connection, will the Government inform this Council:
  • (1)whether it will consider setting up a dedicated funding scheme on 3D printing technology under the Quality Education Fund to enable schools to obtain funding through simple application procedures for purchasing relevant equipment and training teachers, etc., so as to offer relevant courses to students; if it will, of the details; if not, the reasons for that;

    (2)whether it will consider offering continuing education courses to help serving teachers master the expertise and teaching skills in 3D printing technology; if it will, of the details; if not, the reasons for that; and

    (3)whether it will consider organizing extra-curricular activities such as talks, workshops and inter-school competitions in collaboration with the relevant trades to enhance the motivation of students to learn 3D printing technology, with a view to integrating 3D printing technology into the formal school curriculum in future; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Education

*13. Hon Steven HO to ask: (Translation)


Some fishermen have relayed to me that in recent years, they have been facing a number of problems (e.g. insufficient marine fire-fighting equipment and berthing spaces at typhoon shelters), which have caused them financial losses and endangered their lives and properties, with the development of the fisheries industry also being affected as a result. For instance, the authorities have failed to conduct a dedicated review of the incident in which the Fire Services Department ("FSD") took quite a long time to dispatch fireboats to fight fire at the Shau Kei Wan Typhoon Shelter last year. On the other hand, while the review of the planning of typhoon shelters conducted by the Marine Department is expected to be completed by the middle of this year, neither has the outcome been published nor have the relevant details been provided so far. In this connection, will the Government inform this Council:
  • (1)as the authorities have indicated that, due to the wide sea areas as well as the broad and highly mobile distribution of vessels, together with a lack of risk index references similar to those available for land areas, it is therefore difficult to set an appropriate target response time for fireboats to arrive at individual areas of waters, whether the authorities will examine setting target response times for typhoon shelters and marine facilities which are in fixed locations; if they will, of the details; if not, the reasons for that; how FSD, the Marine Police, and the Marine Department cooperate and coordinate in their fire-fighting and rescue operations at present;

    (2)given that incidents involving the malfunctioning of fire-fighting equipment installed for marine fire-fighting have occurred from time to time (e.g. the past incidents in which a fireboat berthed at Central was required to be dispatched to Cheung Chau for fire-fighting as Fireboat 3 berthed there malfunctioned, as well as water pumps on fireboats were found damaged), of the details of the routine inspections of such fire-fighting equipment carried out by the authorities; whether the authorities will deploy additional resources for enhancing the relevant inspection and maintenance work; if they will, of the details; if not, the reasons for that;

    (3)given that following the implementation of the legislation banning trawling in Hong Kong waters (commonly known as "trawl ban"), quite a number of fishermen have converted their fishing vessels into larger ones for distant-water fishing, but such vessels are not allowed to enter certain typhoon shelters because of their excessive length and are forced to berth at faraway typhoon shelters, resulting in an increase in unnecessary expenses and time, and such fishing vessels can only apply for the Entering Typhoon Shelter Permit (commonly known as "overlength endorsement") in order to enter the relevant typhoon shelters for unloading of catch and replenishment for their fishing vessels but the application procedure for overlength endorsement is cumbersome, whether the authorities have, in conducting the aforesaid review, explored ways to help resolve the berthing problem encountered by overlength fishing vessels, and considered streamlining the application procedure for overlength endorsement;

    (4)given that the surge in the numbers of yachts and other vessels in recent years has aggravated the problem of insufficient berthing spaces at typhoon shelters, with quarrels arising from berthing of vessels often heard of, and that the narrow fairway inside typhoon shelters caused by the densely berthed vessels has increased the occurrence of accidents and hindered rescue operations, whether the authorities have, in conducting the aforesaid review, studied measures for tackling the problem of insufficient berthing spaces at typhoon shelters; if they have studied, of the outcome; and

    (5)given that at present, quite a number of small fishing vessels, due to the problems such as licence restrictions and susceptibility to collision with other vessels, cannot berth at typhoon shelters and have to berth at places such as the outer area of the Cheung Chau Typhoon Shelter, the breakwater in Castle Peak Bay, where the fishermen concerned can only embark on or disembark from their vessels by dangerous means (e.g. climbing the boulders along the shore or making use of hand-pulled ferries or rafts made by themselves), whether the authorities will consider providing embarking and disembarking facilities at piers for small fishing vessels; if they will; of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


I have learnt that the Government has planted quite many trees of native species in the countryside in recent years, but a number of them died shortly after planting. In this connection, will the Government inform this Council:
  • (1)of the total number of trees planted by the Government in each of the past three years and, among them, the respective numbers of trees belonging to exotic and native species;

    (2)among the trees mentioned in (1), how many of them are already dead at present (and set out a breakdown by species and cause of death of trees); and

    (3)whether it will consider changing the method of planting trees of native species, so as to enhance their survival rate; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

*15. Hon CHEUNG Kwok-che to ask:


A child abuse case heard by the Coroner's Court recently in which a five-year old boy with mental disability died after ingesting methamphetamine has aroused wide public concern. Regarding child protection, will the Government inform this Council of:
  • (1)the details of cases of parental substance abuse, including:

    (i)the number of pregnant women found to be substance abusers in the past five years;

    (ii)among the cases handled by the Comprehensive Child Development Service ("CCDS") in the past five years, the number of those in which the parent(s) of the children concerned was/were suspected substance abuser(s); the follow-up actions taken on such cases and the latest situation of them;

    (iii)the number of children currently under the care of CCDS whose parent(s) has/have been confirmed to be substance abuser(s);

    (iv)among the multi-disciplinary case conferences ("MDCCs") held last year on protection of children whose parent(s) was/were suspected substance abuser(s), the respective numbers of them attended and not attended by medical practitioners, psychiatrists or psychologists;

    (v)where the parent(s)/carer(s) of a child has/have been found to be substance abuser(s), whether such a case is defined as child abuse case under the existing legislation; the policies and systems currently in place to protect children living under such circumstances; how the authorities define and assess the level of risk to which a child whose parent(s) has/have been found to be substance abuser(s) is exposed; the implications of the relevant assessment outcome on the follow-up actions to be taken by the authorities;

    (vi)as the Law Reform Commission of Hong Kong is currently considering the reference on causing and allowing the death of a child, whether the Commission will consider giving a legal definition to "child abuse" when carrying out the relevant work;

    (vii)whether the Government will conduct a full and independent case review of the aforesaid child abuse case, apart from taking follow-up action on it under the existing child fatality review mechanism;

    (viii)as the "Guidelines for the Psychosocially Assisted Pharmacological Treatment of Opioid Dependence", released by the World Health Organization in 2009, points out that when a person's substance abuse poses a risk to others, such a consideration may override his/her freedom of choosing whether to participate in treatment, whether the Government has plans to explore the implementation of mandatory detoxification for parents and pregnant women who have been found to be substance abusers; and

    (ix)how the Government coordinates the efforts of various government departments and non-governmental organizations in addressing the problem of parental substance abuse at present;

    (2)the details of MDCCs, including:

    (i)the respective numbers of telephone calls, written referrals and internal referrals with respect to child abuse concerns received respectively by Social Welfare Department, social services organizations and public hospitals in each month since January this year and in each of the past five years (with a tabulated breakdown by the subject of concern); and

    (ii)the numbers of referrals received by case managers of MDCCs and the numbers of MDCCs conducted in the first quarter of this year and in the past five years;

    (3)the details of care or protection ("COP") order, including:

    (i)the number of occasions in the past five years on which MDCCs recommended the Director of Social Welfare ("DSW") apply to the court for a COP order;

    (ii)the respective numbers of applications for COP orders made by DSW in the past five years upon MDCC's recommendations and otherwise; and

    (iii)whether the Government will consider the introduction of mandatory treatment for parents with substance abuse as a pre-requisite for returning their children to them ; and

    (4)the details of residential child care services ("RCCS") (both institutional and non-institutional care), including:

    (i)the current number of children, for whom COP orders have been made and a consensus on the removal of whom from their parents who have been found to be substance abusers has been reached by the relevant MDCCs, are still living with their parents because of a lack of placement options;

    (ii)the respective current numbers of places in various types of care centres for children to receive RCCS, including emergency residential care, small group homes, emergency foster care, foster care, boys'/girls' homes, boys'/girls' hostels, children's homes, residential child care centres and other types of care, and the numbers of children currently occupying such places (with a tabulated breakdown by special needs, health conditions and age group (i.e. 0-5, 6-12 and 13-18) of such children);

    (iii)the conditions under which the authorities will draw up permanency plans for children currently receiving RCCS, and the current number of such children for whom permanency plans have been drawn up;

    (iv)the current number of children whose permanency plans include the options of family reunion and adoption;

    (v)among the children who received RCCS in the past five years, the respective numbers of those children who remained in care until they reached 18 years of age, were adopted, transferred to other types of care services and returned to their families;

    (vi)the current average length of time for which children wait for places of various care centres (with a tabulated breakdown by age group (i.e. 0-5, 6-12 and 13-18));

    (vii)the number of children under five years old who are currently in institutional care and for how long they have been receiving such care;

    (viii)the current number of children who are waiting for institutional care (both emergency and non-emergency care) and for how long they have been on the waiting list; and

    (ix)the respective percentages of parents having (a) regular, (b) irregular and (c) no contacts with their children who are currently receiving RCCS and whose permanency plans suggest family reunion?
Public Officer to reply : Secretary for Labour and Welfare

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


The Chief Executive has indicated in this year's Policy Address that the Government will implement a free quality kindergarten ("KG") education policy from the 2017-2018 school year to improve the quality of KG education in various aspects. The relevant measures include providing an additional grant comparable to the recommended salary of one KG teacher (about $25,000 per month) for KGs admitting eight or more non-Chinese speaking ("NCS") students, so that "KGs can provide teachers with more manpower support and professional training to develop effective strategies to help NCS students learn through the Chinese medium so as to lay a foundation for their study in local primary schools". In this connection, will the Government inform this Council:
  • (1)of the procedures and timetable for application for the aforesaid additional grant by KGs; whether it is for KGs to decide whether or not to submit such applications;

    (2)how the Education Bureau ("EDB") assesses whether each KG provided with the additional grant has made good use of the grant, so as to ensure that the objective of effectively improving the pre-primary education for NCS students has been achieved;

    (3)of the channels through which members of the public can know (i) whether various KGs have been provided with additional grants, (ii) how KGs provided with additional grants make use of the grants, and (iii) the effectiveness of the measure to provide additional grants; and

    (4)given that KGs are required under the current Quality Assurance Framework to undergo Quality Review ("QR"), whether EDB has plans to provide an English version of QR Reports of various KGs for parents of NCS students to peruse the relevant QR results, with a view to achieving the purposes of "promoting sustainable school development and accountability to parents and the community"?
Public Officer to reply : Secretary for Education

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


Last month, a No. 4 alarm fire broke out on several storeys of an industrial building in Kowloon Bay, which had been sub-divided into mini-storages. The fire has caused two firemen to die on duty, and has once again, aroused concerns among various sectors about the fire safety hazards in three types of buildings (namely, old industrial buildings, commercial buildings, residential buildings) and mini-storages. The inter-departmental working group led by the Security Bureau has rolled out follow-up actions, including inspections conducted by the Fire Services Department ("FSD"), the Buildings Department ("BD"), the Lands Department ("LandsD") and the Labour Department ("LD") on all mini-storages and similar premises in Hong Kong for any breach of the provisions under existing legislation. These departments will inspect in the first month the 154 mini-storage units located in 86 industrial buildings without automatic sprinkler systems, and then inspect in the subsequent month the 487 mini-storage units located in 259 other industrial buildings. It has been reported that the mini-storage units in which the fire broke out has previous records of breaching the Buildings Ordinance (Cap. 123) and fire safety requirements. Moreover, the media have uncovered that there are people living in mini-storages installed with separate electricity meters in industrial buildings, but such premises are full of fire hazard traps including locked escape doors, the absence of automatic sprinkler systems and narrow corridors, etc. There are comments that stepping up inspections alone cannot resolve the fire safety problems relating to mini-storages located in old industrial buildings. Unless cooperation of mini-storage tenants has been secured, fire personnel basically cannot inspect the locked mini-storages. As such, mini-storages may have already become dangerous goods stores. However, the authorities have no counter-measures at this moment and therefore it is impossible to eliminate potential fire safety hazards. In addition, some Members of this Council have opined that the inter-departmental working group should consider amending the Fire Safety (Buildings) Ordinance (Cap. 572) to bring old industrial buildings aged over 30 years within the ambit of the Ordinance directly, or consider enacting a Mini-storages Ordinance, etc.. In this connection, will the Government inform this Council:
  • (1)whether it has compiled statistics on the current number of the aforesaid three types of buildings in Hong Kong which are without automatic sprinkler systems; if it has, of the details, together with a breakdown of the number by District Council ("DC") district and use of building; if not, the reasons for that;

    (2)whether it will introduce legislation to make it mandatory for the aforesaid three types of buildings to be installed with automatic sprinkler systems; if it will, of the details (including the legislative timetable); if not, the reasons for that;

    (3)whether it knows, among the buildings mentioned in (1), the number of those the rooftops of which cannot bear the weights of fire services water tanks necessary for automatic sprinkler systems, together with a breakdown by DC district; whether it has studied if it is technically feasible to install such water tanks at other parts of the buildings (e.g. underground); if it has studied, of the outcome;

    (4)whether it knows the reasons, apart from the problem of insufficient load-bearing capability of the rooftops, for the buildings mentioned in (1) not being installed with automatic sprinkler systems;

    (5)how the authorities will follow up buildings in which automatic sprinkler systems cannot be installed due to technical problems and provide assistance to the owners concerned to ensure the fire safety of such buildings;

    (6)whether it will introduce legislation to require the installation and purchase of other fire prevention equipment (e.g. dry sprinkler systems, fixed fire-fighting installations, fixed fire pumps, portable fire-fighting equipment, etc.) for those buildings in which automatic sprinkler systems cannot be installed; if it will, of the details (including the legislative timetable); if not, the reasons for that;

    (7)whether it has compiled statistics on the respective numbers of operators, among those of the existing mini-storages in Hong Kong, who have been warned, prosecuted or imposed an encumbrance (i.e. with the warning letters issued to them being registered at the Land Registry) because their premises failed to meet fire safety requirements; if it has, of the details, together with a breakdown of the numbers by DC district; if not, the reasons for that;

    (8)whether it has compiled statistics on the respective numbers of operators, among those of the existing mini-storages in Hong Kong, who have been warned, prosecuted or imposed an encumbrance because their premises have breached the Buildings Ordinance; if it has, of the details, together with a breakdown of the numbers by DC district; if not, the reasons for that;

    (9)among the cases mentioned in (8), of the number of cases in which the operators concerned had completed the rectification works within the deadline and had received confirmation by BD that the works had been completed; the number of cases in which the rectification works had not been completed within the deadline, and whether it knows the reasons for that; whether and how further follow-up actions were pursued in respect of such cases;

    (10)given that most mini-storages are currently locked up by the tenants, how the authorities know during inspections whether inflammable and dangerous goods are stored in the mini-storages;

    (11)apart from requiring mini-storage operators to take measures to prevent their tenants from storing dangerous goods in the mini-storages, of the authorities' other means to prevent mini-storages from being used as dangerous goods stores; whether they know the places in Hong Kong where members of the public can store dangerous goods legally;

    (12)how the authorities will take law enforcement actions upon uncovering during inspections that someone is residing in a mini-storage; whether they uncovered such cases in the past five years; if they did, whether they have instituted prosecutions against the operators concerned; if they have, of the details and the number of such cases; if not, the reasons for that;

    (13)of the respective numbers of regular and surprise inspections conducted by the relevant government departments on mini-storages in the past five years, together with a breakdown by DC district; whether non-compliant cases were uncovered during the aforesaid inspections;

    (14)if it has reviewed whether FSD and BD currently have sufficient manpower to cope with the additional work of conducting inspections and taking follow-up actions on mini-storages; if it has reviewed and the outcome is in the negative, whether it will increase the manpower concerned; if it has not, of the reasons for that;

    (15)of the workflow for the inspections being conducted by FSD, BD, the LandsD and LD on mini-storages and similar premises in Hong Kong, and how these departments coordinate their work among themselves;

    (16)regarding cases of non-compliance involving mini-storages uncovered during inspections, how the authorities will impose punishments on the operators concerned; whether they will increase the penalties stipulated in the existing provisions to enhance the deterrent effects; if they will, of the details; if not, the reasons for that;

    (17)when it will submit to this Council concrete proposals for regulating mini-storages, and whether there is a legislative timetable; if there is not, of the reasons for that; and

    (18)whether it will consider setting up a "subsidy scheme for the maintenance of fire safety facilities for buildings" to provide subsidies to owners/owners' corporations for the installation and maintenance of fire safety facilities for their buildings; if it will, of the details, if not the reasons for that?
Public Officer to reply : Secretary for Security

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


The Silk Road Economic Belt and 21st Century Maritime Silk Road ("the Belt and Road Initiative") is a concept of multinational economic cooperation proposed by our country in the recent two years. The Chief Executive has announced in his Policy Address this year that a steering committee for the Belt and Road as well as a Belt and Road Office will be set up for formulating strategies and policies for Hong Kong's participation in the Belt and Road Initiative and taking forward related studies respectively. Some heads of enterprises have relayed to me that as Hong Kong is an international financial, trading and maritime centre, and enjoys the unique leverage of "one country, two systems", the Government should proactively encourage various sectors to bring local advantages into play and capitalize on the opportunities offered by the Belt and Road Initiative. In this connection, will the Government inform this Council:
  • (1)as the Belt and Road Initiative involves more than 60 countries and regions and quite a number of them are emerging countries, whether the authorities have conducted studies on the background of such economies, including their business environment, market potential, investment risks, etc., and provided enterprises intended to develop emerging markets, especially small and medium enterprises ("SMEs"), with the relevant study findings for their reference, so as to boost their confidence in making investments; of the measures in place to proactively assist SMEs in capitalizing the opportunities offered by the Belt and Road Initiative and facilitate the development of the relevant trades and industries so as to achieve the result of "making the pie bigger" as said by the Government;

    (2)whether it will formulate standing measures to provide appropriate support to local enterprises which are embroiled in commercial or legal disputes in the Belt and Road economies; if it will, of the details; if not, the reasons for that; and

    (3)as there are views that infrastructure is an integral part of the development opportunities presented by the Belt and Road Initiative and will hence drive up the demands for relevant professional services, and that a number of Belt and Road economies are in desperate need of improvement in terms of infrastructural facilities (such as road networks), housing and town planning while our local construction companies, consultant firms and contractors have been downsizing and cutting pay recently due to the economic downturn, whether the Government will take the initiative to help local professional sectors engage in the development of the Belt and Road Initiative and the relevant industries to enable local professionals who have reached international standards to give full play to their expertise; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

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


It has been reported that the authorities have received from time to time complaints from members of the public against fitness centres, including their promotion of memberships and long-term fitness services contracts through high-pressure tactics. As revealed in the findings of a survey conducted earlier on, over 40% of the respondents indicated that they had been persuaded by staff members of fitness centres to purchase memberships, and among them, nearly 65% had been pressured by such staff members and thus felt unhappy, embarrassed or even frightened. In this connection, will the Government inform this Council:
  • (1)of the number of complaints, received by the authorities since the commencement of the Trade Descriptions Ordinance ("TDO") (Cap. 362), about fitness centres using unscrupulous sales practices to promote their services, together with the number of prosecutions instituted against fitness centres or the persons concerned and the relevant offence provisions invoked; whether the authorities have carried out promotional and educational work to explain to staff members of fitness centres the contents of TDO and the criminal liabilities for illegal practices; if they have, of the number of talks or activities held; if not, the reasons for that;

    (2)whether it has reviewed if TDO can effectively eradicate the adoption of the unscrupulous sales practices by staff members of fitness centre and reduce their opportunities of committing offences; if it has, of the details; if not, whether it will consider stepping up the regulation of fitness centres, such as, by establishing a regulatory body to implement a licensing regime for fitness centres and fitness coaches as well as to regulate the sales practices used by them, with a view to enhancing the transparency, professionalism and reputation of the services provided by fitness centres; if it will, of the details; if not, the reasons for that; and

    (3)whether it has plans to step up publicity efforts to advise members of the public on how to deal with situations in which staff members of fitness centres use unscrupulous sales practices in persuading them to purchase services; whether it will step up its efforts in promoting to members of the public the fitness rooms under the management of the Leisure and Cultural Services Department, and procure additional fitness equipment for such fitness rooms to attract people to use them; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

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


It has been reported that the waiting time for the road tests of driving tests has become increasingly long recently. For example, the waiting time for taking road tests for private cars on Hong Kong Island is 92 calendar days, and that in Kowloon and the New Territories is 231 calendar days. Such waiting times are much longer than the target (i.e. 82 calendar days) set in the performance pledge of the Transport Department. On the other hand, it is learnt that there is an acute shortage of drivers of commercial vehicles (including taxis, public light buses, non-franchised buses and goods vehicles) and the succession problem of such drivers is very serious. To alleviate such problems, the Transport Department is conducting a review on the relaxation of the requirement that an applicant for a driving licence to drive commercial vehicles must have held a private car driving licence for at least three years. However, some members of the transport trade have pointed out that if the situation of increasingly long waiting time for road tests persists, the effectiveness of such relaxation measure is questionable. In this connection, will the Government inform this Council:
  • (1)with respect to each driving test centre, of (i) the respective numbers of road tests for various classes of vehicles handled and the respective average waiting times for such tests, in the past three years, (ii) the current number of Driving Examiners, and (iii) the daily average number of road tests arranged at present (set out in a table);

    (2)of the reasons why there is a difference of almost five months between the waiting time for taking road tests on Hong Kong Island and that in Kowloon and the New Territories at present, and what measures are in place to narrow such difference; whether the authorities will consider introducing measures (e.g. offering concessions on the fees for driving tests to candidates taking road tests on Hong Kong Island) to encourage candidates to choose taking road tests on Hong Kong Island; if they will, of the details; if not, the reasons for that; and

    (3)whether it will consider providing additional driving test centres, employing additional Driving Examiners and extending the service hours of driving test centres, so as to boost the road test capacity; if it will, of the details (including the expected (i) increase in the number of road tests, and (ii) extent to which the waiting time for road tests may be shortened, after the implementation of such measures); if not, the reasons for that, and what measures are in place to alleviate the situation of increasingly long waiting time at present?
Public Officer to reply : Secretary for Transport and Housing

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


The Government is examining the introduction of the premium taxi trial scheme to be operated under a franchise model, which aims to provide members of the public with a service choice other than ordinary taxis, and to address the needs of those passengers whose demand for service quality and affordability are both higher. However, the taxi trade is dissatisfied with the Government's introduction of the trial scheme, as it will not only affect the livelihood of taxi drivers, but also create division in the trade. Some members of the taxi trade have proposed the conversion of some ordinary taxi licences into franchises for premium taxis on a trial basis. However, the Secretary for Transport and Housing has indicated that as the relevant proposal involves complicated legal, financial issues, etc., the feasibility of the proposal has yet to be explored. In this connection, will the Government inform this Council:
  • (1)whether it has studied if the number of ordinary taxis at present is sufficient to cope with the service demand; if it has, of the details; whether it has assessed if the introduction of premium taxis will have impact on the room for survival of ordinary taxis and create unfair competition; if it has, of the details;

    (2)given that the authorities have indicated that the proposal to convert ordinary taxi licences into franchises for premium taxis involves complicated legal, financial issues, etc., whether they have discussed such issues with members of the taxi trade; if they have, of the views collected; if not, the reasons for that; and

    (3)given that some members of the taxi trade have relayed to me that ordinary taxis may also cater for the needs of those passengers demanding taxi service of a higher quality provided that the Government provides support for the taxi trade, e.g. designating special locations in places such as hospitals, etc. for picking up and dropping off passengers with impaired mobility, so as to allow taxi drivers sufficient time to assist such passengers, as well as providing relevant training for taxi drivers, etc., whether the authorities will consider such views; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


In recent years, some owners of commercial units have sub-divided their units into smaller ones (commonly known as "sub-divided shops") for sale. Over the past few months, quite a number of minority property owners who purchased such sub-divided shops have complained to me, claiming that earlier on, they had been misled by estate agents into purchasing sub-divided shops. After they had taken vacant possession of those sub-divided shops, they discovered that the shopping malls in which their shops were located had problems in various aspects such as fireman's access and emergency lighting. In this connection, will the Government inform this Council, over the past five years:
  • (1)of (i) the respective numbers of applications, received, approved and rejected by the Buildings Department ("BD"), from owners of commercial units for sub-dividing their units, and (ii) the total number of sub-divided shops involved in the approved applications, with a breakdown by area (20 square feet ("sq. ft.") or below, 21 to 40 sq. ft., 41 to 60 sq. ft. and over 60 sq. ft.) (and set out a breakdown of the aforesaid information by the District Council ("DC") district in which the sub-divided shops were located);

    (2)of the respective numbers of inspections on sub-divided shops conducted by officers of BD and the Fire Services Department as well as the respective numbers of prosecutions instituted under the Fire Safety (Commercial Premises) Ordinance (Cap. 502) and the Buildings Ordinance (Cap. 123) (and set out a breakdown of the aforesaid information by the DC district in which the sub-divided shops were located);

    (3)of (i) the number of complaints received by the Estate Agents Authority ("EAA") about the sale of commercial units by estate agents using unscrupulous sales practices, (ii) the respective numbers of complaints into which investigations were initiated and completed by EAA, and (iii) the number of prosecutions instituted by EAA against estate agents and the relevant offence provisions invoked (and set out a breakdown of the aforesaid information by type of complaints); and

    (4)of (i) the number of complaints about transactions of commercial units received by EAA and (ii) the number of such complaints into which investigations were initiated and the total transaction amount involved (and set out a breakdown of the aforesaid information by type of complaints)?
Public Officer to reply : Secretary for Development

* For written reply

III. Government Bills



Committee Stage and Third Reading

Medical Registration (Amendment) Bill 2016:Secretary for Food and Health

(i)Secretary for Food and Health to move Committee stage amendments

(The amendments were issued on 24 June 2016
under LC Paper No. CB(3) 735/15-16)

(ii)Dr Hon KWOK Ka-ki to move Committee stage amendments

(The amendments were issued on 28 June 2016
under LC Paper No. CB(3) 746/15-16)

(Debate and voting arrangements for Committee stage of the Medical Registration (Amendment) Bill 2016 (issued on 28 June and 5 July 2016 under LC Paper Nos. CB(3) 748/15-16(01) and CB(3) 785/15-16))

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

1.Private Columbaria Bill:Secretary for Food and Health

(i)Secretary for Food and Health to move Committee stage amendments

(The amendments were issued on 4 July 2016
under LC Paper No. CB(3) 772/15-16)

(ii)Hon Cyd HO to move a Committee stage amendment

(The amendment was issued on 4 July 2016
under LC Paper No. CB(3) 778/15-16)

(Debate and voting arrangements for Committee stage of the Private Columbaria Bill (issued on 5 July 2016 under LC Paper No. CB(3) 783/15-16(01)))

2.Fire Services (Amendment) Bill 2015:Secretary for Security

(i)Secretary for Security to move Committee stage amendments

(The amendments were issued on 22 June 2016
under LC Paper No. CB(3) 718/15-16)

(ii)Hon WONG Yuk-man to move Committee stage amendments

(The amendments were issued on 28 June 2016
under LC Paper No. CB(3) 745/15-16)

(Debate and voting arrangements for Committee stage of the Fire Services (Amendment) Bill 2015 (issued on 28 June 2016 under LC Paper No. CB(3) 747/15-16(01)))

IV. Members' Motions on Subsidiary Legislation and Other Instruments



1.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

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

Hon Claudia MO to move the motion in Appendix I.


(The motion was also issued on 4 July 2016
under LC Paper No. CB(3) 777/15-16)

Public Officer to attend : Secretary for Food and Health

V. Member's Bill



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

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

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

VI. Members' Motions



1.Proposed resolution under Article 75 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

Hon IP Kwok-him to move the following motion:

Resolved
that the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region be amended as set out in the Schedule.

Schedule

Amendment to Rules of Procedure of the Legislative Council
of the Hong Kong Special Administrative Region


1.Rule 83 amended (registration of interests)

After Rule 83(2)----

 Add

"(2A)Notwithstanding the provisions in subrules (1) and (2), particulars of a Member's registrable interests under subrule (5)(d)(i) shall be furnished to the Clerk within the period for lodging election returns in relation to a Legislative Council election provided in section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).".

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

Hon Claudia MO to move the following motion:


That this Council appoints a select committee to inquire into the detention of Mr LAM Wing-kee; 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 Officer to attend : Secretary for Security

4.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


5.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

VII. 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 II and was also issued on 3 June 2016 under LC Paper No. CB(3) 664/15-16.

VIII. 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 Security
Under Secretary for Security


Clerk to the Legislative Council