A 17/18-5
Legislative Council
Agenda
Wednesday 1 November 2017 at 11:00 am
I. Tabling of Paper
| No. 18 | - | Traffic Accident Victims Assistance Fund
Annual Report for the year from 1 April 2016 to 31 March 2017 | |
| (to be presented by Secretary for Labour and Welfare)
| |||
II. Questions
1. Dr Hon Helena WONG to ask: (Translation)
The National Anthem Law of the People's Republic of China ("National Anthem Law") came into force on the Mainland on the 1st of October this year. It has been reported that that piece of national law will be listed in Annex III to the Basic Law and applied locally by way of legislation by the Hong Kong Special Administrative Region ("SAR"). In this connection, will the Government inform this Council:
(1) given that in response to a question on the retrospective effect of the local national anthem law recently, the Chief Executive indicated that "normally, not many enactments in Hong Kong come with retrospective periods, but it does not mean that there is none", but Article 12 in Part II (Hong Kong Bill of Rights) of the Hong Kong Bill of Rights Ordinance, which implements Article 15 of the International Covenant on Civil and Political Rights that applies to Hong Kong, stipulates that there are no retrospective criminal offences or penalties, whether the authorities will ensure that the local national anthem law complies with the requirements of Article 12; (2) which of the articles in the National Anthem Law will be applied in SAR through the local national anthem law; if Articles 5 and 11 of the National Anthem Law will be applied in SAR, how the following contents of these Articles will be applied under the local national anthem law: "[t]he State calls upon citizens and organizations to perform and sing the national anthem on appropriate occasions to express patriotic sentiments", and "[s]econdary and primary schools shall make the national anthem an important part of patriotism education, organize the students to learn to sing the national anthem, and educate the students on the history and spiritual connotation of the national anthem and to obey the etiquette for performing and singing the national anthem"; and (3) whether the publication of works of secondary creation of the national anthem on the Internet will be made a criminal offence under the local national anthem law; if so, of the details (including the considerations for determining the level of penalty); if not, the reasons for that?
2. Hon LEUNG Yiu-chung to ask: (Translation)
It has been reported that the continued drop in the number of candidates sitting for the Hong Kong Diploma of Secondary Education Examination ("HKDSEE") in recent years has led to a reduction in the income of the Hong Kong Examinations and Assessment Authority ("HKEAA") from examination fees. However, the continued rise in the number of HKDSEE candidates with special educational needs ("SEN") has resulted in an increase in its expenditure on the provision of special examination arrangements. According to HKEAA's statements of comprehensive income, HKEAA has recorded deficits in the past two financial years. In this connection, will the Government inform this Council:
(1) of the estimated number of HKDSEE candidates and, among them, the percentage of those with SEN, in each of the coming five years; (2) whether it knows the latest financial position of HKEAA; whether it has assessed the impact in the past five years caused by HKEAA's budgetary constraints on HKDSEE candidates (including the rates of increase in examination fees and the level of support provided for candidates with SEN) and its overall service quality; if so, of the details; and (3) whether the authorities will, on the premise of not adjusting examination fees, allocate additional resources to HKEAA or deploy other methods to help HKEAA resolve its financial difficulties; if so, of the details; if not, the reasons for that?
3. Dr Hon KWOK Ka-ki to ask: (Translation)
Currently, about 1 300 hectares of land in the New Territories may be regarded as brownfield sites. There have been public comments that the problem of scarcity of land for housing stems from the Government's failure to properly address the hoarding of agricultural land by developers and to put the large number of brownfield sites to optimal use. Regarding the resumption of land in the New Territories for housing development, will the Government inform this Council:
(1) of the total area of the brownfield sites owned by each of the top 10 owners owning the largest aggregate areas of brownfield sites in Hong Kong at present; (2) whether it will consider resuming all the brownfield sites for housing development by invoking the Lands Resumption Ordinance; if so, of the details and timetable; if not, the reasons for that; of the respective numbers of units of public rental housing, subsidized sale housing and private housing that can be provided on such brownfield sites; and (3) given that the authorities are adopting an enhanced Conventional New Town Approach in taking forward the Kwu Tung North and Fanling North New Development Areas project, under which owners of private land with an area of not less than 4 000 square metres may apply for modification of lease to pursue their own development of the land, but sites with an area smaller than that will be resumed by the Government for development, of the criteria adopted by the authorities for determining that threshold; whether the authorities will, for the sake of fairness, consider standardizing the compensation to land owners basing on the rate of ex-gratia allowance for Zone A agricultural land upon resumption of the land; if so, of the details; if not, the reasons for that?
4. Ir Dr Hon LO Wai-kwok to ask: (Translation)
The Policy Address recently published has put forward measures in eight major areas to boost innovation and technology development in Hong Kong. Such measures include an increase in resources for research and development ("R&D"), the development of the Lok Ma Chau Loop into the "Hong Kong-Shenzhen Innovation and Technology Park", and the development of an international innovation and technology hub in the Guangdong-Hong Kong-Macao Bay Area through the development of the Bay Area and collaboration between Hong Kong and Shenzhen. Furthermore, the Government will establish a high-level inter-departmental Steering Committee on Innovation and Technology, which will be personally led by the Chief Executive, to examine and steer the implementation of such measures. In this connection, will the Government inform this Council:
(1) as the Government will increase R&D resources, and has set a target of doubling the percentage of Gross Domestic Expenditure on R&D to the Gross Domestic Product from 0.73% to 1.5% within five years, whether the Government has set specific short-term and medium-term target percentages, as well as a timetable for the implementation and review of the various measures; whether it has considered setting a longer-term target, e.g. to increase such percentage to 2.5% within the coming decade; if so, of the details; if not, the reasons for that; (2) regarding the implementation of the measures to develop the Hong Kong-Shenzhen Innovation and Technology Park as well as to develop an international innovation and technology hub in the Bay Area, whether the Government has drawn up specific work plans and timetables (including plans on how to enhance the collaboration on innovation and technology between Hong Kong and the Mainland places in the Bay Area), so that the industrial and commercial sectors as well as the innovation and technology sectors of Hong Kong may fully grasp the opportunities to be brought by the development of the Bay Area; if so, of the details; if not, the reasons for that; and (3) in respect of the Steering Committee on Innovation and Technology as well as the related advisory bodies to be established, whether their memberships will include world-class technology experts and entrepreneurs, and whether their terms of reference will include listening to and responding to the aspirations of the members of Hong Kong's innovation and technology sector, mapping out a longer-term and more comprehensive strategy on innovation and technology development, and formulating key performance indicators for the relevant work; if so, of the details; if not, the reasons for that?
5. Hon LEUNG Che-cheung to ask: (Translation)
Japanese encephalitis ("JE") is a mosquito-borne disease. Most people infected with JE virus have symptoms that are comparatively mild or not apparent. Since January this year, there have been five JE cases in Hong Kong, all of which being locally acquired cases. The patients in two of the aforesaid cases live in Tin Shui Wai and in another case, which is the world's first case of JE being transmitted by blood transfusion, the blood donor concerned also lives in Tin Shui Wai. Some members of the public suspect that quite a number of Tin Shui Wai residents have been infected with JE virus. Besides, it has been reported that there is a serious mosquito problem in Tin Shui Wai and the reasons for that include the failure of the Food and Environmental Hygiene Department officers to gain access to private farmlands in the district to carry out anti-mosquito work. In this connection, will the Government inform this Council:
(1) apart from deploying additional manpower to carry out anti-mosquito work in Tin Shui Wai, whether the authorities have, since January this year, targeted the pig farms near the district in carrying out anti-mosquito work; if so, of the details; (2) given that the findings of a survey conducted by me earlier have revealed that the level of awareness of JE vaccines among Tin Shui Wai residents was rather low, and a number of JE cases have occurred in the district, of the reasons why the authorities have not considered providing vaccination for residents in the district and stepping up publicity in this respect; and (3) whether the Government monitored in the past three years the anti-mosquito work carried out at private places (particularly on private lands in Tin Shui Wai); if so, of the details?
6. Hon Paul TSE to ask: (Translation)
It has been reported that Professor Richard H Thaler, a Nobel Memorial Prize laureate in Economics, and Professor Cass R Sunstein of the Harvard Law School have pointed out in a book co-authored by them that just by making small thoughtful changes to the environment and by giving a gentle nudge, without forcing people nor constraining their freedom of choice, it is sufficient to create an environment for making appropriate decisions to steer things in a direction that is beneficial to all. Regarding policies on retirement protection, Professor Thaler suggests increasing employees' retirement savings rate through the two mechanisms of automatic enrolment and automatic contribution escalation, while giving employees the freedom to opt out. In addition, the findings of a recent survey indicate that the respondents are most worried about their housing needs after retirement. In this connection, will the Government inform this Council:
(1) given that since the beginning of this year, the Tracker Fund of Hong Kong ("TraHK") has achieved a rate of return of over 30% excluding dividends whereas the Mandatory Provident Fund ("MPF") schemes have delivered an average rate of return of merely 15% (i.e. only half of the rate of return of TraHK) over the same period, whether the Government will make reference to Professor Thaler's views and create an environment for making appropriate decisions by providing information on the returns of different investment options, and study the abolition of the requirement of the MPF System for making mandatory contributions, to let members of the public make their own choice on whether they will continue investing in MPF schemes, or switch to invest in TraHK, which has an expenditure ratio of about one-fifteenth of those of MPF schemes only, or other investment vehicles; if not, how the authorities explain to the public that it is still reasonable to adopt the practice of obligating such contributions even though, contrary to the suggestion of the Nobel Prize laureate, the practice hinders members of the public from making the most rational and most beneficial investments for their retirement protection; (2) given that the aforesaid survey findings indicate that the housing needs after retirement is the public's greatest worry, that financing down payment is the biggest hurdle to home ownership for quite a number of people, and that the housing policy of the current-term Government emphasizes a focus on home ownership, whether the authorities will examine allowing first-time home buyers to use the accrued benefits in their MPF accounts to make down payments; if not, how the authorities convince the public that investing in MPF schemes provides better protection for retirement life than investing in owner-occupied properties; and (3) as some academics have pointed out that since the Mandatory Provident Fund Schemes Authority ("MPFA") has failed to make ends meet for seven consecutive years, MPFA is unable to fend for itself, not to mention convincing the public to trust that the MPF System under its monitoring can offer retirement protection, and in view of MPFA's financial deficits for consecutive years, the availability of ample fund options in the investment market which offer better returns than that of MPF schemes which charge account holders fees of nearly $10 billion annually, of the Government's policies in respect of reminding MPF contributors, particularly those who choose to make additional voluntary contributions, that before they decide to increase their contributions, it is advisable for them to compare the returns of MPF schemes with those of TraHK and other investment tools so as to make sensible choices?
*7. Hon CHAN Chi-chuen to ask: (Translation)
It has been reported that the Hospital Authority set up a task force in 2008 to follow up on the issue of excessively short average consultation time per patient in its public hospitals and clinics, and at the same time commissioned The Chinese University of Hong Kong to conduct a two-year study and to recommend a reasonable length of consultation time. In this connection, will the Government inform this Council if it knows:
(1) the reasons why the findings of the aforesaid study have not yet been published by the Hospital Authority so far and whether they will be published expeditiously; if so, when they will be published; and (2) whether the Hospital Authority will introduce measures to increase the average consultation time per patient in public hospitals and clinics; if so, of the details; if not, the reasons for that?
*8. Hon Steven HO to ask: (Translation)
Quite a number of farmers have relayed to me that currently, farmers have a great need for suitable facilities (e.g. agricultural structures) for use in agricultural production. However, according to the prevailing squatter control policy, any extension, new erection, addition, change of use or alteration with materials that does not comply with the Squatter Control Survey Record is not allowed for surveyed squatters. On the other hand, some farmers have indicated that at present, the authorities often refuse to grant them a Letter of Approval for Agricultural Structures and the relevant certificate of exemption ("Letter of Approval") for erecting agricultural structures on agricultural land for keeping watch, storage or other related agricultural uses. In this connection, will the Government inform this Council:
(1) of the current number of surveyed squatters on agricultural land across the territory, with a tabulated breakdown by District Council district; (2) of the respective numbers of applications for repairing surveyed squatters on agricultural land received, approved and refused by the authorities in each of the past five years; if there were refused applications, of the reasons for that; (3) whether the authorities will improve the prevailing squatter control policy and consider approving applications for repairs or extension of surveyed squatters on the basis of certain constructive factors (such as actual needs in agricultural production and enhancement of productivity, as well as with conservation significance and compatibility with the surrounding environment); if so, of the details; if not, the reasons for that; and (4) of the respective numbers of applications for issuance of Letter of Approval received, approved and refused by the Lands Department in each of the past five years; if there were refused applications, of the reasons for that; whether other means are currently available for farmers to apply for erecting agricultural structures?
*9. Hon HO Kai-ming to ask: (Translation)
The Government launched the Assistance Scheme for Hawkers in Fixed-pitch Hawker Areas in June 2013. One of the arrangements under the Assistance Scheme is to provide a one-off ex-gratia payment to hawkers operating in 43 fixed-pitch hawker areas who have opted for voluntary surrender of their hawker licences to the Government. The Assistance Scheme has been in place for four years since its launch and will expire in June next year. Regarding the implementation of the Assistance Scheme, will the Government inform this Council:
(1) of the respective numbers of applications received and approved so far by the authorities for surrender of hawker licences, and set out a breakdown of the approved applications by (i) name of fixed-pitch hawker area and (ii) location of stall in the hawker area; and (2) as the authorities indicated at a committee meeting of this Council that they would consider re-issuing the surrendered hawker licences for application by interested parties, whether the authorities will consult the trade and the public on the plan of re-issuing the hawker licences; if so, of the details and timetable; if not, the reasons for that; and of the expected time for announcing the details of the plan?
*10. Hon CHAN Han-pan to ask: (Translation)
It was reported by the media last month that some people had occupied designated camp sites in country parks for a long period of time for profiteering purpose. Other people who wanted to use the camp sites would have camping areas released to them only if they rented tents and bought food from the occupiers. I have also found that some people have allegedly occupied camp sites with old and dilapidated camping equipment. In this connection, will the Government inform this Council:
(1) of the number of complaints received by the authorities in each of the past five years about the occupation of camp sites in country parks; how the authorities handled such complaints; among them, of the number of those which were found substantiated and the follow-up actions taken by the authorities; whether the occupation of camp sites for profiteering purpose is against the law; if so, of the penalties; and (2) whether the authorities inspected the use of designated camp sites in each of the past five years; if so, of the details; of the policy in place to ensure that members of the public have a fair chance to use the camp sites, and whether they have reviewed the effectiveness of that policy?
*11. Hon Starry LEE to ask: (Translation)
It has been reported that Hong Kong is one of the popular tourist destinations for Mainland residents. In the preceding "National Day Golden Week" alone, the number of inbound Mainland tour groups ("IMTGs") doubled as compared with that of the same period of last year. In order to combat problems such as zero-fare IMTGs and forced shopping, the Mainland authorities introduced the Tourism Law in 2013, with a view to curbing the irregularities in the tourism industry. However, some members of the industry have pointed out that the effectiveness of such legislation has gradually weakened following the changes in the business situation of the tourism industry, and there are signs of resurgence of activities involving IMTGs at low fares and with arranged shopping. In addition, given the low tour fares of these IMTGs, arrangements are normally made to send tour group members to have meals and shop at designated restaurants and shops located in such districts as To Kwa Wan, Hung Hom, North Point and Aberdeen. As a result, there are a large number of coaches parking and picking up/dropping off tourists in those districts, causing serious traffic congestion and affecting the daily lives of the residents there. In this connection, will the Government inform this Council:
(1) of the number of complaints received from IMTG members by the authorities in each of the past three years, and among such complaints, the numbers of those involving forced shopping and those in which tour group members discovered after shopping at designated shops that the goods they bought did not match the descriptions; of the numbers of investigations conducted and law enforcement actions taken in respect of such complaints; (2) whether it will study the taking of measures from the perspective of consumer rights to combat arranged shopping tours, including deploying more police officers or customs and excise officers to patrol outside designated shops in order to enhance the deterrent effects; if so, of the details; if not, the reasons for that; (3) whether it will discuss with the Mainland authorities ways to step up efforts in combating IMTGs at low fares; if so, of the details; if not, the reasons for that; (4) of the number of complaints received by the authorities in each of the past three years about IMTGs causing nuisances to local residents, as well as the details of such nuisances, with a breakdown by District Council district; of the authorities' measures to follow up such complaints; (5) whether it has assessed if the tourism supporting facilities in the aforesaid districts are sufficient to meet the demand in the coming three years; if so, of the details; if not, the reasons for that; and (6) whether it will study the introduction of a demerit point system by way of legislation under which travel agents will be given demerit points if complaints against them about causing nuisances to a district have been found substantiated, and travel agents who have incurred full points will have their licences suspended?
*12. Hon Dennis KWOK to ask:
The Long-term Prison Sentences Review Ordinance (Cap. 524) provides that long-term and indeterminate prison sentences must be referred to the Long-term Prison Sentences Review Board for review in accordance with specified timetables. Where the Board considers it appropriate to defer making a recommendation for a determinate sentence for a prisoner serving an indeterminate sentence, it may order the release of the prisoner conditionally under supervision. Moreover, the Board may order a prisoner whose indeterminate sentence has been converted by the Chief Executive to a determinate one to be released early under supervision. According to the last two reports of the Board, which cover the period from June 1997 to June 2004, only two cases of conditional releases under supervision were effected throughout the whole period. Some family members of prisoners have expressed concern about the infrequent grant of the aforesaid two kinds of release of prisoners. In this connection, will the Government inform this Council:
(1) of an annual breakdown of the respective numbers of cases since July 2004 in which the Board ordered prisoners to be (i) conditionally released under supervision and (ii) released early under supervision; (2) whether the Correctional Services Department makes recommendations on the aforesaid two kinds of release of prisoners to the Board; if so, of the respective numbers of recommendations made each year since July 2004; and (3) when the next Board report will be issued?
*13. Dr Hon Elizabeth QUAT to ask: (Translation)
In recent days, many residents in Ma On Shan relayed to me that there was a severe shortage of parking spaces in the district. Regarding the supply of and demand for parking spaces in Ma On Shan, will the Government inform this Council:
(1) of the respective current numbers of parking spaces provided in the (i) housing estates, (ii) shopping malls and (iii) temporary car parks in Ma On Shan, and (iv) the current number of roadside metered parking spaces in the district, with a tabulated breakdown by the geographical distribution of such parking spaces and category of vehicles to be parked; (2) whether it has compiled statistics on the numbers of various categories of vehicles in frequent need of parking in Ma On Shan at present; (3) of the number of fixed penalty tickets issued by the Police in each of the past three years in respect of illegal parking in Ma On Shan; (4) whether the authorities will provide additional parking spaces for motorcycles, container vehicles, medium/heavy goods vehicles and tourist coaches in Ma On Shan, so as to solve the shortage problem of such parking spaces in the long run; if so, of the details; if not, the reasons for that; (5) given that in recent years the authorities resumed a number of pieces of land originally used as temporary car parks in Ma On Shan and rezoned them for housing development purpose, resulting in an even tighter supply of parking spaces in the district, whether the authorities will separately identify idle land for providing temporary car parks in the district; if so, of the details; if not, the reasons for that; (6) of the number of revisions that have been made to the standards and guidelines on parking facilities, since they were drawn up, in the Hong Kong Planning Standards and Guidelines ("HKPSG"), as well as the rationale and basis for each of the revisions; and (7) as it is stipulated in HKPSG that "[o]ptimum use should be made of existing parking facilities and the demand for such facilities should be carefully managed. In those situations where demand for facilities still exceeds supply consideration should be given to providing additional facilities provided that such provision would not be contrary to the Transport Strategy and that it would not overload the road system", whether the authorities will, targeting at the problem of insufficient parking spaces in Ma On Shan, formulate short, medium and long term measures, with a view to thoroughly solving the problem of severe shortage of parking spaces in the district; if so, of the details; if not, the reasons for that?
*14. Dr Hon CHIANG Lai-wan to ask: (Translation)
Subsequent to a building collapse incident at Ma Tau Wai Road in 2010, the Buildings Department ("BD") conducted an inspection on all private buildings aged 50 years or above in the territory, and launched in 2012 the Mandatory Building Inspection Scheme ("MBIS"). However, in June this year, the balcony of a flat in a 61-year-old building collapsed. An investigation report on this incident published by BD on the 4th of last month pointed out that declined concrete strength, corrosion of steel reinforcement bars, increase in loading and lack of maintenance were the factors contributing to the collapse of the balcony. It has been reported that alterations were made to the layouts of a number of flats in the building concerned for converting such flats into sub-divided units for letting. Moreover, a property developer has acquired 80% of the property titles of the building concerned and intends to implement a redevelopment project after it has acquired the remaining property titles. In this connection, will the Government inform this Council:
(1) among the private buildings aged 50 years or above in the territory in respect of which inspections have been conducted by BD or carried out under MBIS, of the respective numbers of those buildings (i) which have been assessed as having danger of collapse and in urgent need of repair, (ii) some flats in which have been partitioned into sub-divided units or undergone unauthorized structural alterations, and (iii) the owners of which have not complied with the statutory orders issued by BD on the building repair works required to be carried out and the number of prosecutions instituted by the authorities against such owners; (2) as there is no incentive for developers to carry out repair and maintenance works for those old buildings of which they have acquired a majority of the property titles and which are awaiting demolition, whether the authorities have measures in place to step up the monitoring of the state of repair and maintenance of such buildings, so as to prevent collapse of such buildings due to prolonged lack of maintenance; if so, of the details; if not, the reasons for that; (3) whether the authorities have currently put in place a contingency response mechanism to provide prompt assistance to affected residents in the event that a building collapse incident happens; if so, of the details; if not, the reasons for that; and (4) whether the authorities will review afresh the existing policies on and procedures for building redevelopments, with a view to expediting redevelopments for old buildings thereby thoroughly addressing the problem of ageing of buildings; if so, of the details; if not, the reasons for that?
*15. Hon Kenneth LEUNG to ask: (Translation)
The Report on Arrest ("the Report") published by the Law Reform Commission ("LRC") in 1992 put forward 61 recommendations on the exercise of powers of stop, search, arrest and detention ("statutory powers") by law enforcement agencies and related matters. After studying the Report, a working group set up by the authorities in 1993 accepted 30 in full and 21 in principle, and rejected 10 recommendations therein. On the other hand, the English Police and Criminal Evidence Act 1984 ("PACE") of the United Kingdom provided that the Home Secretary should lay before the House of Commons of the Parliament the codes of practice on the exercise of statutory powers by police officers for approval, and that police officers breaching the codes could be subject to disciplinary actions. LRC recommended in the Report that practices similar to those under PACE be adopted for Hong Kong, but the working group did not adopt the recommendation. In this connection, will the Government inform this Council:
(1) of the latest position of the implementation of each of the recommendations accepted in full or in principle by the working group, as well as the relevant work plans for the coming three years (set out one by one in a table); in respect of each of the recommendations rejected by the working group, of the reasons for rejection given by the authorities at that time, and whether the authorities assessed afresh its feasibility in the past three years; if so, of the assessment outcome (set out one by one in a table); (2) as it has been almost 25 years since the Report was published, and as there are comments that at present, the society's demand for and expectations of human rights and conduct of law enforcement officers are higher as compared with those of the past, whether the authorities will consider afresh adopting the recommendation to draw up codes of practice for police officers, as put forward in the Report; if so, of the details and the follow-up work; if not, the reasons for that; and (3) given that one of the concluding observations, published by the United Nations Committee against Torture in February 2016 after its consideration of the fifth periodic report submitted by the Government of the Hong Kong Special Administration Region ("HKSAR") on the implementation of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in HKSAR, is that Hong Kong should make public the police general orders and related guidelines on the use of force, whether the authorities will accept the suggestion by making public fully the Police General Orders, the Force Procedures Manual and other related orders or codes of practice; if so, of the details and the follow-up work; if not, the reasons for that?
*16. Hon Charles Peter MOK to ask: (Translation)
The Innovation and Technology Fund for Better Living ("FBL"), established by the Government with an allocation of $500 million, has been open for application since 31 May this year. FBL subsidizes projects aiming at improving people's daily living or benefiting specific community groups through the use of innovation and technology ("I&T"). Non-governmental organizations subvented by the Social Welfare Department ("SWD"), public bodies, professional bodies and trade associations are eligible to apply. Some members of the social welfare sector have indicated that at least 200-odd small and medium-sized social welfare organizations ("SWOs") not subvented by SWD are not eligible to apply, and they consider that the threshold for application for FBL is too high. In this connection, will the Government inform this Council:
(1) of the respective numbers of applications received, vetted, approved and rejected by the authorities so far; the contents and modes of the I&T projects involved in the applications; the total and average amounts of funds granted to the approved applications; if there were applications rejected, of the main reasons for that; (2) whether the authorities had, before launching FBL, consulted the social welfare sector on issues such as the eligibility criteria for application for FBL; if so, of the details and the views received; and (3) of the justifications for FBL to accept applications from the aforesaid organizations only; whether it will extend the coverage of organizations eligible for application to include small and medium-sized SWOs not subvented by SWD; if so, of the details; if not, the reasons for that?
*17. Hon CHAN Hak-kan to ask: (Translation)
Regarding the management of stray cattle, will the Government inform this Council:
(1) of the number of stray cattle captured, sterilized and relocated by the Agriculture, Fisheries and Conservation Department ("AFCD") in each year since the Capture-Sterilization-Relocation Programme was launched in 2011; the current health conditions of such cattle; (2) as it has been reported that AFCD relocated stray cattle to Chong Hing Water Sports Centre in Sai Kung, but that place does not have sufficient grass and water for cattle's consumption nor enough woodland for their shelter, and the cattle may easily be knocked down by vehicles as there are many vehicles travelling there during holidays, of the measures put in place by AFCD to improve the living environment of such cattle, and whether AFCD will review its criteria for selecting the destinations for cattle relocation; (3) as some members of the public have gone to Chong Hing Water Sports Centre to feed the cattle, whether AFCD has assessed if the fodder used is suitable for feeding the cattle and if such action will result in the cattle losing their instinct to forage for food; if so, of the assessment outcome; of the measures put in place to ensure that the stray cattle in various country parks are healthy and have enough food; (4) of the number of stray cattle which sustained injuries or died after being hit by vehicles in each of the past five years; the measures put in place by the authorities to reduce such traffic accidents; as some members of the public have suggested fitting stray cattle with reflective collars to enable drivers to notice cattle wandering on the roads at night, with a view to reducing such traffic accidents, whether the authorities will consider adopting the suggestion; if so, of the details; if not, the reasons for that; (5) given that AFCD has all along been exploring for years the feasibility of the proposal of installing cattle grids to confine the movements of stray cattle, but it has so far not yet implemented the proposal, of the latest findings of its exploration (including the problems that may be involved), and whether it has any implementation timetable for the proposal; (6) whether AFCD has made reference to other practices in overseas countries, with a view to formulating measures to effectively confine the movements of stray cattle and reduce traffic accidents involving cattle; if so, of the details; if not, the reasons for that; and (7) as it has been reported that in Sai Kung in September this year, after a cow had been hit by a taxi and died, a person at the scene who suspected the cow was pregnant cut open the abdomen of the cow at the roadside in an attempt to save the life of an unborn calf, whether such an act of a person who is not a registered veterinary surgeon is legal and subject to regulation by law; how the Government currently handles animals (including cattle) injured in traffic accidents which are suspected to be pregnant?
*18. Hon Holden CHOW to ask: (Translation)
The Kai Tak Cruise Terminal ("KTCT") commenced full operation in 2014. The facilities at places within KTCT such as the ancillary commercial area and the taxi passenger waiting area at the transportation area are managed by the terminal operator, while those at places such as the communal areas and the KTCT Park are managed by the relevant government departments. The Tourism Commission under the Commerce and Economic Development Bureau is responsible for monitoring the operation of KTCT. On the other hand, the Director of Audit pointed out in the Report No. 68 of the Director of Audit, which was published in April this year, that the actual number of 191 cruise calls to Hong Kong in 2016 (of which 95 calls were made at KTCT) was 31.3% and 5% lower than the Government's estimated numbers under the "high growth scenario" and the "low growth scenario" respectively. Moreover, more than half of the ancillary commercial area was not let out for business, ancillary transport facilities were inadequate, lifts/escalators malfunctioned repeatedly, and the problem of water leakage/seepage within KTCT remained to be improved. Regarding the operation and management of KTCT, will the Government inform this Council:
(1) of the percentage of the leased area in the total area of the ancillary commercial area of KTCT in each of the past three years; (2) whether it knows the rental income received by the terminal operator in each of the past three years; the amount of variable rent paid by the terminal operator to the Government and the percentage it represented in the total amount of rental income, in each of the past three years; (3) as the terminal operator has implemented a number of measures to enhance the ancillary transport facilities at KTCT, including (i) arranging different shuttle bus routes for choices by cruise passengers, (ii) giving prior notification to the taxi trade on the berthing schedule one day before a cruise arrives in Hong Kong, and (iii) issuing tunnel coupons to taxi drivers who pick up passengers at KTCT, of the current operation of such measures; (4) whether the Electrical and Mechanical Services Department investigated in the past three years the causes of the repeated malfunctions of lifts/escalators and gave the public a detailed account of the investigation report and the follow-up work; if so, of the details; if not, the reasons for that; (5) whether, in the past three years, the Architectural Services Department gained an understanding of the causes of the problem of water leakage/seepage within KTCT and worked out a thorough solution; if so, of the details; if not, the reasons for that; (6) whether the authorities reviewed in the past three years the positioning of the ancillary commercial area of KTCT, such as converting the area into an open space and a composite commercial area with Hong Kong people being the main service targets, so as to attract various types of shops to move in; if not, of the reasons for that; if so, the details, and whether the review outcome will be made public; and (7) whether the authorities will study the appointment of an independent organization to operate KTCT on free market principles; whether the authorities will step up the monitoring of the operation of KTCT so as to avoid wasting public resources?
*19. Hon Starry LEE to ask: (Translation)
In June this year, part of the balcony of a flat in an old building in Hung Hom collapsed. The investigation report on the said incident released last month by the Buildings Department ("BD") pointed out that the collapse was triggered by the overloading of a cantilevered beam of the balcony concerned, which was attributable to the prolonged lack of maintenance of the cantilevered beam, alterations to the parapet and raised floor finishes. It has been reported that quite a number of flats in old buildings in the district have been converted into a number of sub-divided units ("SDUs"), and property titles of a majority of the flats in such buildings have been acquired by developers pending redevelopment, thus making it difficult for the owners of such buildings to raise funds to carry out building maintenance works. On the other hand, if owners of private residential buildings intend to carry out certain minor building works on their flats, they are required to submit a notice to BD in advance pursuant to the provisions under the Minor Works Control System ("the Control System"). In this connection, will the Government inform this Council:
(1) of the number of notices for minor works submitted under the Control System received by BD in each of the past three years; (2) of the number of cases that came to the knowledge of BD in each of the past three years in which minor works had been carried out without submission of notices required under the Control System, with a breakdown by the way they came to BD's knowledge (i.e. (i) reports by members of the public, (ii) referrals from other government departments and (iii) investigations initiated by BD); the number of cases in which the parties concerned were convicted as a result, as well as the penalties generally imposed on them; and (3) as converting a flat into a number of SDUs would easily cause water seepage problems and add loads to buildings, how the authorities ensure that such minor works will not affect the structural safety of buildings?
*20. Hon Paul TSE to ask: (Translation)
The results of a survey reveal that in recent years, property prices in Hong Kong have repeatedly hit record high and have risen to a level way beyond the purchasing power of members of the public. Hence, 45% of young respondents intend to acquire properties through the mode of "hinging on father's deed", i.e. parents who have retired or will soon retire make down payments for their children acquiring properties (in particular the new developments for which developers offer mortgage loans with high loan-to-value ("LTV") ratios) by using the proceeds obtained from remortgaging or topping up the mortgages of their self-occupied properties, in respect of which the mortgage loans have been fully or almost fully repaid. It has been reported that some banks allow customers who have reached the age of 55 to extend their mortgage repayment periods to 30 years, which is tantamount to encouraging soon-to-retire people to remortgage or top up the mortgages of their self-occupied properties. In addition, some developers offer buyers high interest rate mortgage loans with LTV ratios as high as 90% to 120% of the prices of the properties concerned. As such, buyers may acquire properties without having to raise sufficient amount of money for the down payments. The LTV ratio of the mortgage loans offered by developers is generally pitched at 80%, which is higher than the 60% LTV ratio generally offered by banks. On the other hand, the Consumer Council has used a unit costing HK$8,480,000 as an example to illustrate that the interests payable for a mortgage loan taken out from a developer exceed that for a bank mortgage loan by more than $5 million. Moreover, according to the information provided by the Hong Kong Monetary Authority ("HKMA"), the growth rate of the total residential mortgage loans of Hong Kong rose from 3.1% in the second half of last year to 4.1% in the first half of this year, and the ratio of household indebtedness to the gross domestic product also rose to 68% in the second quarter of this year, representing a rise of 2.5% over the same period last year. Some commentators on current affairs and veteran practitioners in the real estate industry have expressed concern about the situation where more and more young people acquire properties through the mode of hinging on father's deed because once mortgage rates rise and the property market takes a downturn, both generations will become property owners in negative equity. In this connection, will the Government inform this Council:
(1) whether it has assessed the current total mortgage loans involving acquisition of properties through the mode of hinging on father's deed; (2) whether it has studied the adverse impact on the two generations of mortgage borrowers once the cycle of rising mortgage rates and falling property prices comes around; if so, of the details; if not, whether it will commence such a study immediately; (3) of the policy in place to alert members of the public (i) of the high risks associated with acquiring properties through the mode of hinging on father's deed, and (ii) to be cautious about the possible risks arising from mortgage loans with excessively high LTV ratios offered by developers, which are not regulated by HKMA, amidst soaring property prices; (4) as it has been reported that the numbers of cases concerning repossessed residential properties and forfeitures of preliminary deposits in property transactions have increased in the recent half-year, indicating a risk of downward adjustment of property prices, and the possibility of a spate of cases in which both generations of mortgage borrowers are unable to repay mortgage loans with high LTV ratios offered by developers, of the policy put in place by the Government to consistently monitor the practice of developers offering high interest rate mortgage loans with high LTV ratios to buyers; and (5) as the Secretary for Transport and Housing stated clearly at a Legislative Council meeting that HKMA was aware of the trend of young people acquiring properties through the mode of hinging on father's deed, and that HKMA would implement suitable measures when necessary to ensure that the relevant risks were properly managed by banks, of the details of and implementation schedule for such measures?
*21. Dr Hon Elizabeth QUAT to ask: (Translation)
The Government indicated in the Policy Address delivered recently that it would strengthen its support for families to "protect the interests and well-being of women". However, many members of the public have relayed to me that the Government's measures for protecting the health of women are inadequate. In this connection, will the Government inform this Council:
(1) of the top five diseases causing death of females in Hong Kong at present and, in respect of each of such diseases, (i) the number of newly confirmed cases, (ii) the number of deaths and (iii) the age distribution of the deceased persons, in each of the past five years; (2) given that the Community Care Fund launched a three-year pilot scheme in October last year to provide free cervical cancer vaccination for teenage girls from eligible low-income families, of the estimated expenditure of the scheme, and so far (i) the number of beneficiaries, broken down by age group, (ii) the expenditure incurred, and (iii) whether the number of beneficiaries has met the Government's target; (3) whether it will consider providing free cervical cancer vaccinations for all women of the relevant age cohort in the territory; if so, of the details and the timetable; if not, the reasons for that; (4) of the number of person-times and age distribution of women receiving cervical smear tests at the Woman Health Centres and Maternal and Child Health Centres under the Department of Health in each of the past 10 years; (5) of the public healthcare institutions which currently provide cervical smear tests for women; the number of units providing such service and the average charge for each test; (6) of the respective numbers of (i) newly confirmed cases of and (ii) deaths caused by cervical cancer and breast cancer for each age group of women in each of the past 10 years; (7) whether it has plans to provide free medical consultation and breast cancer screening services for women with higher risk of breast cancer; if so, of the details and the timetable; if not, the reasons for that; of the public healthcare institutions which currently conduct breast cancer screening for such women; (8) as some women have relayed that the waiting time for receiving mammography and breast ultrasound scanning at public hospitals is too long, which may thus result in delay in their receiving diagnoses and treatments, whether the authorities will introduce measures to shorten the waiting time; if so, of the details; if not, the reasons for that; (9) as a report of the Hong Kong Breast Cancer Foundation indicates that most breast cancer patients have no family history of breast cancer, whether the Government will introduce measures to enable those women falling into this category to receive diagnostic confirmation and treatment in the early onset of the illness; if so, of the details; if not, the reasons for that; and (10) whether it has plans to follow the practices of places such as the Mainland and Taiwan in implementing a breast cancer screening programme for women, and providing breast cancer screening services for women in need through public-private partnership or collaboration with non-profit-making women health centres in the community; if so, of the details; if not, the reasons for that?
*22. Hon Holden CHOW to ask: (Translation)
The Trade Descriptions (Unfair Trade Practices) (Amendment) Ordinance 2012 (Ordinance No. 25 of 2012) amended the Trade Descriptions Ordinance (Cap. 362) to crack down on common unfair trade practices, and the relevant amendments have come into full operation since 19 July 2013. Regarding the enforcement of the aforesaid legislative amendments by the Customs and Excise Department, will the Government inform this Council:
(1) of the Department's manpower responsible for the relevant law enforcement work in each of the past three years; (2) of the following statistics on the relevant law enforcement work since the aforesaid legislative amendments came into operation: (i) the number of prosecutions and, among such cases, the number of those involving repeated offenders; (ii) the number of convictions and the number of persons convicted; and (iii) the penalties imposed on the convicted persons in general, and the number of persons who were sentenced to imprisonment; and (3) whether the Department has plans to step up its law enforcement actions in the coming year; if so, of the details of such plans as well as the additional manpower and budgeted expenses involved?
* For written reply
III. Government Motions
Stand-over item: Government motion no. 1 (since the meeting of 25 October 2017)
| 1. | Motion on taking forward the follow-up tasks of the co-location arrangement at the West Kowloon Station of the Guangzhou-Shenzhen-Hong Kong Express Rail Link
Secretary for Transport and Housing moved the following motion: Regarding the arrangement for conducting Hong Kong and Mainland customs, immigration and quarantine procedures ("the co-location arrangement") at the West Kowloon Station of the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL"), this Council supports the Government in taking forward the follow-up tasks of the co-location arrangement pursuant to the "Three-step Process" proposal announced on 25 July 2017, including reaching a Co-operation Arrangement with the Mainland, seeking the approval and endorsement of the Co-operation Arrangement by the Standing Committee of the National People's Congress through a decision to be made by the Standing Committee, as well as commencing the local legislative process thereafter, so as to meet the target of implementing the co-location arrangement at the West Kowloon Station upon the commissioning of the Hong Kong Section of the XRL in the third quarter of 2018, with a view to fully unleashing the transport, social and economic benefits of the Hong Kong Section of the XRL and maximising convenience to passengers. Hon Claudia MO, Hon Tanya CHAN, Hon Jeremy TAM, Hon Dennis KWOK, Hon Alvin YEUNG, Dr Hon KWOK Ka-ki, Dr Hon Fernando CHEUNG and Hon WU Chi-wai to move amendments to the motion | ||
| (The amendments were issued on 20 and 25 October 2017
under LC Paper Nos. CB(3) 57/17-18 and CB(3) 77/17-18) | |||
| Other Public Officers to attend | : | Secretary for Justice
Secretary for Security Under Secretary for Security Under Secretary for Transport and Housing | |
| Stand-over items: Government motions nos. 2 and 3 (since the meeting of 12 July 2017)
| |||
| 2. | Proposed resolution under the Energy Efficiency (Labelling of Products) Ordinance
Secretary for the Environment moved the following motion: Resolved that the Energy Efficiency (Labelling of Products) Ordinance (Amendment of Schedule 1) Order 2017, made by the Secretary for the Environment on 2 May 2017, be approved. | ||
| (The Order is in Appendix I and was issued
on 27 June 2017 under LC Paper No. CB(3) 758/16-17) | |||
| 3. | 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 2017, made by the Criminal Procedure Rules Committee on 2 May 2017, be approved. | ||
| (The Rules are in Appendix II and were issued
on 20 June 2017 under LC Paper No. CB(3) 713/16-17) | |||
IV. Members' Motions
| 1. | Proposed resolution under section 34(4) of the Interpretation and General Clauses Ordinance
Dr Hon Priscilla LEUNG to move the following motion: Resolved that in relation to the Trainee Solicitors (Amendment) Rules 2017 (Commencement) Notice, published in the Gazette as Legal Notice No. 164 of 2017, and laid on the table of the Legislative Council on 11 October 2017, 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 29 November 2017. | |
| Stand-over item: Member's motion no. 2 (since the meeting of 18 October 2017)
| ||
| 2. | Motion under Rule 49B(1A) of the Rules of Procedure
Hon Claudia MO to move the motion in Appendix III. | |
| (The motion was issued on 10 October 2017
under LC Paper No. CB(3) 21/17-18) | ||
| Stand-over items: Members' motions nos. 3 and 4 (since the meeting of 12 July 2017)
| ||
| 3. | Establishing a comprehensive 're-industrialization' policy regime
Hon Jimmy NG to move the following motion: (Translation) That given the new opportunities brought about by global reforms in industrial technologies, many countries or places are proactively developing high value-added advanced manufacturing industries, and Hong Kong is no exception; the Government has already made it clear that re-industrialization is a potential new area of economic growth for Hong Kong, and announced the establishment of a committee on innovation, technology and re-industrialization; in this connection, this Council urges the Government to conduct a timely review and elevate the positioning of the 're-industrialization' policy, with a view to upgrading the existing industrial policy regime led by innovation and technology to a comprehensive industrial policy regime which is more independent, forward-looking and systematic; the Government should also examine the role of industries in the local economic structure and societal development, and study the 'external development' feature of Hong Kong's industries, with the aim of providing tax support for those offshore Hong Kong manufacturers engaging in manufacturing and production industries, thereby consolidating the economic foundation of Hong Kong and promoting the diversification of industries. Hon HO Kai-ming, Hon Kenneth LEUNG, Dr Hon CHIANG Lai-wan, Hon WU Chi-wai, Ir Dr Hon LO Wai-kwok, Hon Charles Peter MOK and Hon Jeremy TAM to move amendments to the motion | |
| (The amendments were issued on 29 June 2017
under LC Paper No. CB(3) 760/16-17) | ||
|
Public Officer to attend : Secretary for Innovation and Technology
| ||
| 4. | Conducting a comprehensive review of labour legislation to improve labour rights and interests
Hon HO Kai-ming to move the following motion: (Translation) That this Council urges the Government to make safeguarding labour rights and interests its priority task and expeditiously conduct a comprehensive review of and make amendments to the various legislation relating to labour matters, so as to ensure that such legislation keeps pace with the times. Hon LUK Chung-hung, Dr Hon KWOK Ka-ki, Dr Hon Helena WONG and Hon Andrew WAN to move amendments to the motion | |
| (The amendments were issued on 29 June 2017
under LC Paper No. CB(3) 759/16-17) | ||
|
Public Officer to attend : Secretary for Labour and Welfare
| ||