A 17/18-7

Legislative Council

Agenda

Wednesday 15 November 2017 at 11:00 am

I. Tabling of Papers



1.No. 20

-Prisoners' Education Trust Fund
Report by the Trustee, Financial Statements and Report of the Director of Audit for the period 1 April 2016 to 31 March 2017
(to be presented by Secretary for Security)

2.No. 21-Consumer Council
Annual Report 2016-17
(to be presented by Secretary for Commerce and Economic Development)

3.No. 22

-Environment and Conservation Fund
Trustee Report, Accounts and Report of the Director of Audit covering the period 1 April 2016 to 31 March 2017
(to be presented by Secretary for the Environment)

4.Report No. 4/17-18 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Starry LEE, Chairman of the House Committee)

II. Questions



1. Hon James TO to ask: (Translation)


Article 2 of the Basic Law stipulates that the National People's Congress authorizes the Hong Kong Special Administrative Region ("HKSAR") to exercise a high degree of autonomy in accordance with the provisions of the Basic Law. In the White Paper on "The Practice of the 'One Country, Two Systems' Policy in the Hong Kong Special Administrative Region" it published in June 2014, the State Council pointed out that "the central government exercises overall jurisdiction over the HKSAR". In October this year, the President of the State stated in his report delivered at the 19th National Congress of the Communist Party of China that "[we] must organically combine the upholding of the Central Authorities' overall jurisdiction over the Hong Kong and Macao special administrative regions with the safeguarding of a high degree of autonomy of these special administrative regions, so as to ensure that the principle of 'one country, two systems' remains unchanged and unshaken, and that the practice of the 'one country, two systems' policy remains intact and undistorted". On the other hand, it has been reported that the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region ("LOCPG") has recently invited Hong Kong's secondary school principals and teachers to discuss the curriculum of the subject of Chinese History at the junior secondary level in Hong Kong. In this connection, will the Government inform this Council:
  • (1)given that not until 2014 did the Central Authorities first mention their exercising overall jurisdiction over the HKSAR, whether the Government has sought to understand from the Central Authorities the differences between sovereignty and overall jurisdiction; whether it has assessed if the Central Authorities' mentioning this on more than one occasion has shrunk the room for the high degree of autonomy enjoyed by the HKSAR in accordance with the Basic Law; if so, of the assessment outcome;

    (2)whether it has sought explanations from the Central Authorities on the scope of their exercising overall jurisdiction over the HKSAR, as well as the specific measures that the Central Authorities have put in place to organically combine the upholding of the Central Authorities' overall jurisdiction over the HKSAR with the safeguarding of the HKSAR's high degree of autonomy; if so, of the details; if not, whether it will seek the explanations expeditiously; and

    (3)whether it has sought to understand from LOCPG if its invitation extended to secondary school principals and teachers for a discussion on the curriculum of the subject of Chinese History at the junior secondary level in Hong Kong is a move to manifest the Central Authorities' exercising overall jurisdiction over the HKSAR; whether it has assessed if such a move has undermined the high degree of autonomy of the HKSAR; if so, of the assessment outcome; if not, the reasons for that?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

2. Hon Michael TIEN to ask: (Translation)


The Standard Employment Contract ("SEC") applicable to foreign domestic helpers ("FDHs"), which was drawn up by the Government, provides that in the event that an FDH "is ill or suffers personal injury [regardless of whether this arises out of employment] … the Employer shall provide free medical treatment to the [h]elper. Free medical treatment includes medical consultation, maintenance in hospital and emergency dental treatment". An FDH employer group has pointed out that FDHs are free to go out and engage in their favourite activities on non-working days (including statutory holidays, paid annual leave and rest days). Employers have no authority to stop FDHs from going out during inclement weather or interfere with their engagement in high-risk activities. If FDHs fall sick or sustain injuries due to accidents during such period of time, their employers are required to bear their medical expenses as per the contracts. However, the insurance policies on employees' compensation (commonly known as "labour insurance policies") taken out by employers for FDHs normally do not cover medical expenses incurred due to illnesses or injuries not attributable to their employment. I have received requests for assistance from a large number of FDH employers who said that they were required to bear huge medical expenses of their FDHs. In this connection, will the Government inform this Council:
  • (1)whether it knows the current number and percentage of FDH employers who have taken out insurance policies for FDHs covering medical expenses not related to work;

    (2)given that the existing legislation does not require employers to bear their employees' medical expenses not related to work, whether the Government will review the aforesaid provision in SEC, so that the employers and employees share the relevant expenses among them in a more reasonable manner; if so, of the details; if not, the reasons for that; and

    (3)whether the Government will consider enacting legislation to require that FDHs must take out the relevant medical insurance policies on their own or that employers must take out such insurance policies for their FDHs, in order to offer protection for both the employers and employees?
Public Officer to reply : Secretary for Labour and Welfare

3. Hon Tommy CHEUNG to ask: (Translation)


In the nine months from the official commencement of the Food Truck Pilot Scheme ("the Pilot Scheme") on 2 February this year up to now, among the 16 selected operators, two dropped out before commencing operation while one who had just begun operation in end of May dropped out last month. It has been reported that another four operators are making preparations to sell their food trucks in order to cut losses and exit the scheme. Most of the operators have relayed to me recently that they have all along been unable to make ends meet. They have also criticized the authorities for failing to respond to the needs of operators, making it difficult for operators to sustain their businesses. In this connection, will the Government inform this Council:
  • (1)whether it will conduct an interim review on the Pilot Scheme immediately to understand in depth the business situation and difficulties faced by the various operators, with a view to expeditiously introducing remedial measures (e.g. reducing or waiving the venue service charges payable by operators); if so, of the details; if not, the reasons for that;

    (2)of the publicity activities and programmes conducted by the authorities for food trucks since the launch of the Pilot Scheme; whether the authorities will review and step up the publicity work on food trucks to ensure more effective dissemination of information and the latest news on food trucks to tourists and members of the public; if so, of the details; if not, the reasons for that; and

    (3)whether it will reposition the Pilot Scheme such that it is no longer positioned merely as a tourism project and, on the premise of not affecting the traffic and the business situation of eateries in the vicinity, increase the operating locations of food trucks or expand the operation mode of the scheme (e.g. allowing food trucks to operate in bazaars and school areas, near construction sites, or allowing food trucks to cater food for private parties), so as to give food trucks greater room for survival; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

4. Hon Mrs Regina IP to ask: (Translation)


In the face of their overheated real estate markets, governments around the world have introduced measures to cool down the markets. For example, the Swiss Government has implemented since as early as 1984 a measure known as Lex Koller under which the number of holiday homes that foreigners may purchase is restricted to 1 500 for the whole country, and there are also restrictions on aspects such as the locality, usage as well as maximum area of such properties. Moreover, the Australian Government has prohibited non-local residents from purchasing second-hand residential properties, and the various provincial and municipal governments on the Mainland have also imposed different restrictions on the purchase and resale of residential properties. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of first-hand and second-hand residential property transactions in each of the past five years, and set out in a table a breakdown of such numbers by the buyers' identities (including Hong Kong permanent resident ("HKPR"), non-HKPR, locally registered company and non-locally registered company) as well as the respective percentages of them in the relevant totals; whether it has assessed the impacts of the inflow of overseas capital on the first-hand and second-hand residential property markets; if so, of the details; if not, the reasons for that;

    (2)given the keen housing demand of members of the public at present, whether the Government has considered introducing appropriate measures on purchase restrictions to curb the speculative demand for residential properties; if so, of the details; if not, the reasons for that; and

    (3)given that the Government raised in November last year the rate of ad valorem stamp duty chargeable on residential property transactions across the board, but HKPRs who do not own any other residential property at the time of purchasing a residential property are not affected, and that as shown in the information released by the Inland Revenue Department, in respect of the residential property transactions effected during the period from December last year to March this year in which the buyers were HKPRs, 94% of such buyers did not own any other residential property, whether the Government has assessed the number of such transactions involving the purchase of residential properties under the names of other people (commonly known as "using other peoples' identities to buy flats") to reduce the amount of duty payable; if so, of the details of the assessment; whether it has plans to step up public education to impart to members of the public an understanding that both using other peoples' identities and allowing other people to use one's identity in property transactions are illegal; if not, of the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


Earlier on, a member of the Conservative Party of the United Kingdom ("UK") who had made open comments on Hong Kong's human right issues planned a visit to Hong Kong. It was reported that some personnel from the Chinese embassy in UK had warned him against his visit to Hong Kong, and he assured such personnel that his visit to Hong Kong would be of a private nature and that he would not make any public speech during his stay in Hong Kong. However, that person was still refused entry upon his arrival in Hong Kong on the 11th of last month. The Secretary of State for Foreign Affairs of UK has expressed concern over the refusal of that person's entry, and pointed out that Hong Kong's high degree of autonomy and its freedoms and rights are central to safeguarding Hong Kong's way of life, and should be respected. So far, the Government has not given a detailed account on its refusal of entry of that foreign national. In this connection, will the Government inform this Council:
  • (1)as that foreign national had previously worked in Hong Kong for many years, had no criminal record and was in possession of a valid travel document, and there were no signs showing that he would break the law while in Hong Kong, of the legislation based on which the authorities refused that person's entry to Hong Kong; whether such legislation requires that the authorities, when considering whether to allow a foreign national's entry to Hong Kong, must act according to the advice of the Chinese embassy in the country concerned;

    (2)whether the authorities have assessed if the refusal of that person's entry has caused concerns in the international community that the Government no longer welcomes visits of foreign nationals who have criticized it or the Chinese Government, or who have expressed concerns over Hong Kong's human right issues; if they have assessed and the outcome is in the affirmative, whether the authorities will take measures to allay such concerns; if so, of the details; if not, the reasons for that; and

    (3)whether the authorities have assessed if the refusal of that person's entry has caused concerns in the international community as to whether it is still the case that systems and policies different from those of the Mainland are being implemented in the Hong Kong Special Administrative Region ("HKSAR") as per the principle of "one country, two systems" set out in the Basic Law, and that HKSAR exercises "a high degree of autonomy"; if they have assessed and the outcome is in the affirmative, whether the authorities will take measures to allay such concerns; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

6. Hon SHIU Ka-fai to ask: (Translation)


Over the years, many members of the public and tenants of stalls in public markets have complained to me about the poor environment of public markets which are currently not provided with air-conditioning systems. Those markets are hot and stuffy during summer, which turns away customers. As a result, the tenants have difficulties in doing businesses or even have to close down their businesses, causing a rise in the vacancy rates of the markets concerned. In the Policy Address delivered by her recently, the Chief Executive indicated that "the Government will allocate resources to improve the environment of existing public markets. One of the measures is to expedite the installation of air-conditioners". In this connection, will the Government inform this Council:
  • (1)how the public markets with air-conditioning systems compare, in terms of the current vacancy rates, with those without;

    (2)of the amount of resources that the Government will allocate for improving the environment of public markets in each of the coming five years; among such resources, of the estimated amount to be used for meeting the costs of works for retrofitting air-conditioning systems in various public markets, as well as the expected commencement and completion dates of the relevant works (with a tabulated breakdown by name of public market); and

    (3)given that at present, only after a proposal for retrofitting air-conditioning system in a public market has obtained the support of at least 80% of the tenants will the Food and Environmental Hygiene Department conduct a technical feasibility study on the relevant works, and that the recurrent expenses to be incurred and borne by the tenants after the retrofitting of an air-conditioning system are one of the major considerations of the tenants as to whether they support the proposal, whether the Government will consider helping the tenants in reducing their burden in this respect, so as to faciliate the improvement works of retrofitting air-conditioning systems for public markets; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

*7. Dr Hon CHENG Chung-tai to ask: (Translation)


Currently, airlines usually estimate the no-show rate of passengers and exercise discretion to oversell air tickets. When airlines fail to provide services for their passengers due to overselling air tickets, it is only left to both parties to negotiate, in accordance with the conditions set unilaterally by the airlines in the air tickets, and agree on the follow-up arrangements (such as arranging the passengers to take another flight or offering them compensation). In this connection, will the Government inform this Council whether it will consider requiring airlines to release on a regular basis the position of their overselling air tickets for reference by members of the public when buying air tickets?

Public Officer to reply : Secretary for Transport and Housing

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


It has been reported that quite a number of members of the public drive to districts such as Kowloon City, To Kwa Wan and Hung Hom to patronize the restaurants and shops there. Some drivers stop their vehicles on the carriageways to wait for on-street car parking spaces, whilst some others park illegally indiscriminately, thereby causing frequent traffic congestion in those districts. Moreover, the parking spaces designated for use by emergency vehicles are from time to time occupied by private cars. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of warnings made and fixed penalty tickets issued in the aforesaid districts to drivers who parked illegally by the Police since they commenced the territory-wide operation to combat illegal parking on 10 July this year;

    (2)whether it will deploy more traffic wardens to those districts to step up the law enforcement efforts against illegal parking; if so, of the details; if not, the reasons for that; and

    (3)whether it will consider introducing measures to encourage drivers of private cars to use the public car parks at the shopping centres in those districts so as to alleviate the problem of illegal parking; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


Article 30 of the Basic Law provides that the freedom and privacy of communication of Hong Kong residents shall be protected by law. Article 14 in Part II (The Hong Kong Bill of Rights) of the Hong Kong Bill of Rights Ordinance (Cap. 383) provides that no one shall be subjected to arbitrary or unlawful interference with his correspondence. Nowadays, the mobile phones of many members of the public contain private and confidential information that is protected by the aforesaid provisions, including daily schedules, contact lists and personal communication. It has been reported that following the arrest of some persons who had participated in the July 1 procession and the occupation movement in 2014, the Police seized their electronic devices and even demanded them, in a coercive manner, to provide passcodes or finger prints for unlocking those devices so that the Police can inspect the information therein. On the other hand, the High Court ruled recently in a judicial review case that the Police must, except for exigent circumstances, obtain a warrant before they may inspect the information contained in the mobile phones or other electronic devices of arrested persons. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of occasions in the past five years where police officers (i) seized the electronic devices of arrested persons and (ii) demanded the arrested persons to unlock such electronic devices, together with a breakdown by (a) the category of the cases in which the arrested persons were involved, (b) the scope of the information contained in the electronic devices to be inspected, and (c) the reasons for the police officers taking such actions; if it cannot provide such information, of the reasons for that;

    (2)whether it knows the respective numbers of complaints received by the Independent Police Complaints Council in the past five years about police officers taking the actions mentioned in (1), with a breakdown by the outcome of the complaints;

    (3)when the various law enforcement agencies respectively formulated procedures and guidelines for their staff to follow when they seize the electronic devices of arrested persons and inspect the information therein;

    (4)whether the various law enforcement agencies have provided training for their staff so as to raise their awareness of respecting the privacy of arrested persons; if so, of the details; if not, the reasons for that;

    (5)given that section 50(6) of the Police Force Ordinance (Cap. 232) ("PFO") provides for police officers' power to inspect any portion from the newspapers, books or other documents found on the persons being searched, but it has not mentioned electronic devices, whether the authorities will, in the light of the aforesaid judgment by the High Court, review if the existing procedures and guidelines concerned have sound legal basis, and revise such procedures and guidelines; if they will, of the details; if not, the reasons for that; and

    (6)whether the authorities will, in the light of the aforesaid judgment, review the provisions on seizure of suspected property in PFO with a view to adding restrictions on police officers' inspection of the information contained in the electronic devices of arrested persons, so as to ensure that PFO is in line with present day circumstances and that the privacy of such persons and the third parties is protected?
Public Officer to reply : Secretary for Security

*10. Hon Kenneth LEUNG to ask: (Translation)


It is learnt that in recent years, guided walking tours have become increasingly popular among tourists in Hong Kong and around the world because this type of tours can provide alternative travel experiences, including gaining a deeper understanding of the local culture and characteristics. Development of guided walking tours in Hong Kong can make tourism resources more diversified and also promote the development of local economy. However, according to the Travel Agents Ordinance (Cap. 218), any person who carries on a business of guided walking tours in Hong Kong which targets at inbound visitors is required to obtain a travel agent's licence. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of applications for a travel agent's licence, which were made by organizations wishing to conduct guided walking tours, (i) received, (ii) approved and (iii) rejected by the Government in each of the past five years; if there were applications rejected, of the main reasons for such applications being rejected;

    (2)given that the licensing requirements for a travel agent's licence include that the applicant is a member of the Travel Industry Council of Hong Kong ("TIC"), and that the eligibility criteria for such membership include: (i) the applicant has a minimum paid-up capital of $500,000 and (ii) the applicant conducts its travel-related and tourism business within separate and independent commercial premises or buildings, whether the authorities have studied if such requirements have hindered the development of guided walking tours; if so, of the details of the study; whether they have plans to amend such requirements; if not, of the reasons for that; and

    (3)whether it has conducted a detailed study on aspects such as (i) the development, (ii) the operation modes, and (iii) the quality assurance and regulatory regimes for operators and tour guides, of guided walking tours around the world, with a view to establishing a mechanism which is suitable for and conducive to the development of guided walking tours in Hong Kong; if so, of the details; if not, whether it will conduct such a study expeditiously?
Public Officer to reply : Secretary for Commerce and Economic Development

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


Quite a number of members of the public have criticized that the Government's transport policy of designating railway as the backbone of the public transport system has caused the MTR Corporation Limited ("MTRCL") rising to dominance, which in turn has resulted in MTRCL losing keenness to improve its facilities and services and frequently shirking its responsibilities through public relations tactics. As a result, the situation of MTRCL's services being "aligned with those of the Link" has become increasingly serious. A number of members from different District Councils ("DCs"), local organizations and the public have relayed that as MTRCL and the relevant government departments have been passing the buck to each other over the years and ignoring their suggestions for improving station facilities, quite a number of stations are still not equipped with appropriate facilities for the convenience of passengers. For instance, Lam Tin Station Exits A and D, which lead to a number of housing estates and shopping malls, are not yet equipped with barrier-free access; the noise problems at Ngau Tau Kok Station and Kowloon Bay Station are not yet resolved; the stair lift installed at the staircase between Kowloon Bay Station Exit A and the adjoining footbridge is frequently out of order, leaving wheelchair users trapped helplessly on the stair lift from time to time and forcing passengers with strollers to carry the strollers with them while walking up or down the stairs, which is very dangerous, and yet DC members' requests made over the years for retrofitting ramps there are all in vain; the proposals of retrofitting a cover for the barrier-free access outside Yau Tong Station Exit B and Lok Fu Station Exit A have also remained in a standstill for a long time due to land title issues. In this connection, will the Government inform this Council:
  • (1)of the mechanism put in place to ensure that MTRCL will provide and continuously improve the barrier-free facilities at its various station exits and other facilities for the convenience of passengers;

    (2)whether it will set up a unit, with an operation mode similar to that of the Energizing Kowloon East Office, to take charge of the coordination between MTRCL and the relevant government departments, and actively study the relevant views put forward by passengers and DCs, with a view to enhancing barrier-free facilities at station exits and other facilities for the convenience of passengers; and

    (3)given the comment that there is a trend of MTRCL's services becoming "aligned with those of the Link", of the policies the authorities have in place to drive MTRCL to listen and respond actively to passengers' aspirations?
Public Officer to reply : Secretary for Transport and Housing

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


The Social Welfare Department ("SWD") has launched a two-year Pilot Project on Children Contact Service ("the Pilot Project") to assist divorced couples in rebuilding and maintaining healthy communication and contacts with their children, allowing children to contact their parents in a safe and conflict-free environment, as well as to strengthen the support provided for separated/divorced families. The Hong Kong Family Welfare Society ("HKFWS"), which is responsible for implementing the Pilot Project, set up a service centre named Parent-child Contact Centre ("PCCC") in Lai Chi Kok in September last year to provide services under the Project. In addition, a study report on divorced single-parent households in poverty, published by the Hong Kong Council of Social Service in April this year, showed that in 2016 up to 40% of divorcees had not received maintenance payments from their ex-spouses on time. As at the end of 2015, the poverty rate of divorced single-parent households was 35.6%, much higher than the overall poverty rate of 16.0% of households with children, and at present nearly one-third of divorced single-parent households are receiving Comprehensive Social Security Assistance ("CSSA") payments. On the other hand, it is learnt that some of the areas inside the Family Court are currently not equipped with segregation facilities and, several months ago, a woman who was recovering maintenance payments from her ex-husband was attacked and injured in the Family Court. In this connection, will the Government inform this Council:
  • (1)whether it knows the number of divorce cases, in each of the past five years, in which the couples had children under the age of 18 and, among such cases, the respective numbers of cases in which the family concerned had (i) all of its children residing with their father, (ii) all of its children residing with their mother and (iii) some of its children residing with their father and other children residing with their mother;

    (2)whether it knows the number of requests for assistance received by PCCC so far; as there have been views that there is an acute manpower shortage in PCCC, whether the authorities will allocate additional resources to HKFWS for increasing the manpower of PCCC, and review the effectiveness of the Pilot Project expeditiously; if so, of the details; if not, the reasons for that;

    (3)whether it knows if HKFWS will consider setting up service centres in other districts to provide services under the Pilot Project for more divorced families; if HKFWS will, of the implementation details and timetable; if not, the reasons for that;

    (4)whether it knows the number of cases of default on maintenance payments and, among such cases, the number of those in which the maintenance payments were successfully recovered, in each of the past five years; whether the authorities will consider streamlining the current procedure for recovery of maintenance payments; if so, of the details; if not, the reasons for that;

    (5)as the aforesaid study report pointed out that a number of single mothers intended to apply to the court for an Attachment of Income Order for the purpose of recovering maintenance payments from their ex-spouses, but the relevant cumbersome legal proceedings have dampened their desire to do so, whether the authorities will consider formulating other measures to help single mothers recover maintenance payments; if so, of the details; if not, the reasons for that, and whether the authorities will expeditiously review the relevant policies and adopt corresponding improvement measures;

    (6)as some divorcees who are receiving CSSA payments have relayed that SWD makes a deduction of maintenance payments when calculating the amounts of CSSA payments payable to them, and they have to provide proof of failure to receive maintenance payments on time (e.g. telephone call logs) before maintenance payment deductions are suspended, resulting in such divorcees often falling into short-term financial difficulties, whether SWD will streamline the procedure for proof submission, such as requiring divorcees to make quarterly declarations only; if so, of the details; if not, the reasons for that;

    (7)whether the authorities will consider setting up a maintenance payment board to coordinate the work of the various government departments, with a view to helping divorcees recover maintenance payments; if so, of the details; if not, the reasons for that;

    (8)whether the authorities will consider providing one-stop divorce support services to offer emotional, mediation and legal support for couples seeking divorce; if so, of the details; if not, the reasons for that;

    (9)whether the authorities will consider improving the existing facilities and increasing the manpower of security staff of the Family Court, so as to avoid the recurrence of incidents of a divorcee being attacked in the Family Court; if so, of the details; if not, the reasons for that; and

    (10)whether SWD will consider providing an emergency grant to divorced couples with children, who experience urgent financial hardship, so as to solve their imminent problems; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

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


The Hong Kong Housing Authority ("HA") requires that a married person applying for renting a public rental housing ("PRH") flat or purchasing a Home Ownership Scheme ("HOS") flat must make the application together with his or her spouse, and a person who, or whose spouse, is a former beneficiary of any subsidized home ownership scheme is ineligible to apply. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of applications made in each of the past three years by couples (i) for renting PRH flats, (ii) for purchasing HOS flats, and (iii) for renting PRH flats under the Civil Service Public Housing Quota Scheme, which were rejected by HA on the ground that either person of the couples was a former beneficiary of a subsidized home ownership scheme;

    (2)of the authorities' justifications for implementing the aforesaid requirements;

    (3)given that married persons will be disqualified from applying for renting PRH flats or purchasing HOS flats if their spouses were a beneficiary of any subsidized home ownership scheme before marriage, and yet such persons were/are members of different families before and after marriage, whether the authorities have reviewed if the aforesaid requirements (i) are fair to those persons and (ii) have contravened the Family Status Discrimination Ordinance (Cap. 527); if so, of the outcome of the review; if not, whether they will seek legal advice in this respect immediately; and

    (4)of the date when the authorities last reviewed the requirements, and whether they have plans to conduct another review afresh?
Public Officer to reply : Secretary for Transport and Housing

*14. Dr Hon Elizabeth QUAT to ask:


Regarding the measures for the protection of animal rights and animal welfare, will the Government inform this Council:
  • (1)of the number of exotic animals (i.e. animals other than dogs, cats, hamsters, rabbits, and guinea pigs) imported by the pet trade in each of the past five years; among them, of the respective numbers of those which were (i) sold in local licensed pet shops, (ii) transhipped to the Mainland, and (iii) re-exported to other places;

    (2)of the respective numbers of the top five species of birds, mammals and reptiles imported by the pet trade in each of the past five years (set out by species); among them, of the respective numbers of those which were (i) sold in local licensed pet shops, (ii) transhipped to the Mainland, and (iii) re-exported to other places;

    (3)of the respective numbers of the top five exotic species of birds, mammals, reptiles listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora ("CITES") imported by the pet trade in each of the past five years (set out by species); among them, of the respective numbers of those which were (i) sold in local licensed pet shops, (ii) transhipped to the Mainland, and (iii) re-exported to other places;

    (4)as there have been reports in recent years of exotic animals, e.g. Alligator Snapping Turtles, being abandoned and dumped in the parks in Hong Kong, of the criteria adopted by the authorities for determining whether the importation of a particular species of exotic animal as pets is to be permitted;

    (5)of the measures put in place by the authorities under the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586) to (i) regulate the possession of CITES-listed animals, (ii) identify those animals, (iii) regulate the holders of licences for the possession of those animals, and (iv) regulate the transfer of such licences;

    (6)of (i) the mechanism currently adopted by the authorities for granting the possession licences of CITES-listed animals, and (ii) the number of such licences granted by the authorities in each of the past five years;

    (7)given the potential adverse impacts of animal release activities on animal welfare and the ecological environment, whether the authorities have plans to (i) formulate relevant guidelines or (ii) follow the practice of Taiwan by introducing legislation to regulate the operation of such activities;

    (8)whether it knows (i) the current number of animal shelters operating in Hong Kong and (ii) the average number and species of animals being kept in such shelters; of the number of animal shelters inspected by the authorities in each of the past five years;

    (9)given the emergence in recent years of new businesses such as cafes, organic farms and mobile petting zoos which use animals for generating profits, whether the authorities have plans to (i) introduce legislation to provide for licensing requirements or (ii) issue clear guidelines for the operators concerned, in order to protect the welfare of the animals used by such businesses;

    (10)given that some species of animals such as fish and amphibians are currently omitted from the definition of animals under the Public Health (Animals and Birds) Ordinance (Cap. 139), whether the authorities have put in place measures to safeguard the welfare of such animals when being used by the trade; if so, of the details; if not, whether the authorities have plans to rectify the situation;

    (11)given that in view of reports on dog-biting incidents having been received from time to time, the Housing Authority ("HA") has included unauthorized animal-keeping (including dog) as one of the misdeeds for which points would be allotted under the Marking Scheme for Estate Management Enforcement it launched in public rental housing ("PRH") estates in 2003, of the number of reports on dog-biting incidents in PRH estates received in each of the past 15 years by HA;

    (12)given that 13 323 dogs have been registered under the Temporary Permission Rule ("TPR") implemented by HA, which allows PRH tenants to continue to keep the small dogs that they had kept in PRH flats before 1 August 2003 until the death of such dogs, of the numbers of (i) complaints received by HA about nuisance caused by such dogs to PRH tenants or their owners breaking TPR, and (ii) temporary permissions withdrawn by HA as a result; and

    (13)as HA claims that 54% of the respondents to the Public Housing Recurrent Survey 2016 considered that enforcement of the Marking Scheme was effective in prohibiting unauthorized dog-keeping in PRH premises and an opinion survey conducted in 2016 revealed that 70% PRH residents objected to relaxing the dog keeping policy, whether (i) the methodologies and a copy of the questionnaires used in, (ii) the full reports of, and (iii) the supporting documents for the two surveys can be provided?
Public Officer to reply : Secretary for Food and Health

*15. Hon SHIU Ka-fai to ask: (Translation)


At present, upon receiving a Demand for Rates and/or Government Rent ("the Demand") issued by the Rating and Valuation Department ("RVD"), members of the public are required to pay rates or Government rent by the Last Day for Payment ("the deadline") as shown on the Demand. An additional charge equivalent to 5% of the arrears ("surcharge") may be imposed for overdue payment and a further surcharge equivalent to 10% of the arrears may even be imposed if the payment has been overdue for six months. Some members of the public have relayed to me that the interval between the receipt of the Demand and the payment deadline was often only about two weeks. They are worried that a surcharge will be imposed on them in the event that they fail to make payments by the deadlines as they have gone for a long trip abroad. In this connection, will the Government inform this Council:
  • (1)of the respective average and shortest intervals between the dates of issuance of the Demand and the payment deadlines in the past three years;

    (2)whether RVD exercises discretion to waive the surcharges; if so, of the generally accepted explanations for late payment of rates or Government rent;

    (3)of the respective percentages of cases in which a surcharge of 5% and 10% were imposed in the relevant total numbers as well as the income from the surcharges, in each of the past five years; and

    (4)whether it will review and extend the payment period to facilitate payers to make payment; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

*16. Hon MA Fung-kwok to ask: (Translation)


At present, the units in the six flatted factory estates under the Hong Kong Housing Authority ("HA") are available for leasing. HA has drawn up a Reference Trade List, which comprises 12 generic trade groups of light industries, and the relevant Guiding Principles for determining whether prospective tenants may rent such factory units for running their trades. In this connection, will the Government inform this Council:
  • (1)of (i) the occupancy rate and (ii) the number of tenants (broken down by trade group), and (iii) the number of tenants that engaged in cultural, arts or sports related activities, in respect of the factory units under HA in each of the past three years;

    (2)whether the authorities will consider relaxing the leasing policy for the factory units under HA, such as according priority of leasing to organizations engaging in cultural, arts or sports related activities and allowing such organizations to use the factory units for non-manufacturing purposes, with a view to expanding the room for survival for such organizations; if so, of the details; if not, the reasons for that; and

    (3)as it has been mentioned in the Policy Address delivered recently that the Government is studying ways to facilitate the conversion, subject to fire safety and building safety requirements, of the lower floors of industrial buildings for non-industrial purposes, whether the authorities have plans to enhance the fire service facilities of the flatted factory estates under HA, so that the relevant organizations may rent the units on lower floors of such estates for purposes such as performances, arts education, leisure and sports activities and sports training; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


Some people working in the Hong Kong Science Park ("HKSP") have relayed to me that the frequencies, service areas and carrying capacities of the public transport (including shuttle buses, franchised buses and green minibuses) currently plying to and from HKSP can hardly satisfy the demands, and such problems are particularly serious during peak hours. In addition, the Tolo Highway, which is passed by such vehicles, is often seriously congested during peak hours, thus prolonging both the waiting time for the vehicles and the journeys. As such, a journey between Shatin and HKSP often takes almost 50 minutes. On the other hand, the external transport problems faced by HKSP will become increasingly serious with the completion of a number of housing estates in Pak Shek Kok near HKSP in the coming few years and the expansion of HKSP which is currently underway. In this connection, will the Government inform this Council:
  • (1)as the Chief Executive Officer of the Hong Kong Science and Technology Parks Corporation ("HKSTPC") indicated last year that HKSTPC had commissioned a consultant firm to study the transport demand of HKSP and the ways to improve the transport services for HKSP, including the provision of shuttle bus services, of the data collected and the outcome of the study;

    (2)whether the authorities have formulated transport infrastructure plans or improvement measures to alleviate the existing traffic congestion along Tolo Highway and in the vicinity of the MTR University Station; if so, of the details; if not, the reasons for that;

    (3)as The Chinese University of Hong Kong is building a teaching hospital adjacent to the MTR University Station, whether the authorities have assessed the impact of the completion and commissioning of the hospital on the traffic in the surrounding areas, particularly HKSP; if so, of the outcome and the improvement measures to be put in place;

    (4)whether the authorities will consider afresh the suggestion of adding a Pak Shek Kok Station or HKSP Station along the East Rail Line; if so, of the details; if not, the reasons for that; and

    (5)whether the authorities have assessed the long-term transport demand in the vicinity of HKSP and Pak Shek Kok; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

*18. Hon Michael TIEN to ask: (Translation)


The Committee on Prevention of Student Suicides, which was established by the Government in March last year, published its final report in November of the same year. The final report sets out a number of recommendations on how the existing services related to the prevention of student suicides may be strengthened. It has been reported that the Government will set up an inter-bureau and inter-departmental working group coordinated by the Secretary for Labour and Welfare to review and coordinate the work of the relevant departments in following up the final report. On the other hand, the problem of student suicide has shown no signs of alleviation recently. For example, four students committed suicide on the same day of last month, and such situation has aroused concerns. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of students from primary schools, secondary schools and post-secondary institutions committing suicide each year from the 1997-1998 to 2016-2017 school years and their total numbers (set out in the table below);

    School year Level Total
    Primary schoolSecondary schoolPost-secondary institution
         
    Total    

    (2)as it was pointed out in the final report that about 90% and 80% of the cases in which primary and secondary school students committed suicide involved relationship problems (e.g. family and peer relationships) and adjustment difficulties (e.g. study and family-related adjustments) respectively, of the concrete measures adopted, since the publication of the final report, respectively by various policy bureaux (including the Education Bureau, Labour and Welfare Bureau, Home Affairs Bureau and Food and Health Bureau) to help students face and tackle such problems; and

    (3)of the progress and timetable of the work of the aforesaid working group, and whether the working group will regularly report to the public the progress of its work; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

*19. Hon HO Kai-ming to ask: (Translation)


There are currently three road tunnels linking Sha Tin and Kowloon in the territory, i.e. the Eagle's Nest Tunnel in conjunction with Sha Tin Heights Tunnel, the Lion Rock Tunnel, and the Tate's Cairn Tunnel ("TCT"). As the franchise of TCT will expire in mid-2018, some members of the public hope that the Government adjusts the tolls of these three tunnels upon its takeover of TCT, so as to effectively redistribute the traffic between Sha Tin and Kowloon. Regarding the management of these tunnels, will the Government inform this Council:
  • (1)how the average daily traffic flows of the three aforesaid tunnels in the past three years compare with their design capacities respectively;

    (2)as some bus passengers have pointed out that because the entrances and exits of the bus bays at the toll plazas of TCT are narrow, coupled with the continued increase in the traffic flow of TCT in recent years, buses often have to queue up to pull in at the bus bays for picking up and dropping off passengers, which has increased the journey time of buses, whether the authorities will consider widening the entrances and exits of the bus bays; and

    (3)given that the authorities have undertaken to submit, upon completion of a study on the rationalization of traffic distribution among the three aforesaid tunnels and the three road harbour tunnels, the toll adjustment proposals for such tunnels to a panel of this Council for discussion within this legislative year, of the temporary measures the authorities have put in place, before the implementation of the toll adjustment proposals, to ease the traffic congestion at the three tunnels linking Sha Tin and Kowloon during peak hours?
Public Officer to reply : Secretary for Transport and Housing

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


In 1999, the Government invoked, on the ground of building the West Rail, the provisions of the Railways Ordinance (Cap. 519) to resume a land in Tsuen Wan on which Wah Kai Industrial Centre ("Wah Kai") was located, affecting more than 500 factory operators. It has been reported that the Government subsequently sold some lots of the site to private developers for building residential buildings, and the prices of some of the residential units fetched as high as $8,500 to $10,000 per square foot, which are equivalent to 28 to 30 times (per square foot) of the amount of compensation received by Wah Kai factory operators at the time. Recently, some Wah Kai factory operators have indicated that they have not yet reached any compensation agreement with the Government. In this connection, will the Government inform this Council:
  • (1)of the number of claims for compensation received to date by the authorities from Wah Kai factory operators, and set out in a table a breakdown, by type of compensation (i.e. land interest compensation and business loss compensation), of the number of cases in respect of which:

    (i)compensation agreement has been reached and full amount of compensation paid,

    (ii)compensation agreement has been reached but full amount of compensation has not yet been paid,

    (iii)compensation agreement has not yet been reached, and

    (iv)compensation was not awarded because of ineligibility;

    (2)regarding the two types of compensation, namely land interest compensation and business loss compensation, of the respective (i) total amounts of compensation awarded to date by the authorities, (ii) criteria adopted by the authorities for processing compensation claims, (iii) reasons for the authorities' failure to reach agreements with the claimants of some cases, and (iv) reasons why the authorities have assessed the claimants of some other cases as ineligible for the award of compensation;

    (3)how the authorities will handle those cases in which compensation agreement has not been reached at present; whether any task force is currently tasked to follow up such cases; if so, of the composition and duties of the task force;

    (4)of the income derived by the authorities from the sale of the lots concerned to private developers, and a breakdown of such income (including revenues from land sales, land premiums and other proceeds); and

    (5)of the respective total amounts of fees paid directly and indirectly by the authorities and the Kowloon-Canton Railway Corporation to consultants and other private organizations in connection with the handling of the aforesaid issues relating to land resumption, compensation, etc., together with a breakdown of such amounts (set out in a table), during the period:

    (i)in or before June 1999,

    (ii)between July 1999 and 3 April 2000,

    (iii)between 4 April 2000 and 25 September 2000, and

    (iv)on or after 26 September 2000?
Public Officer to reply : Secretary for Development

*21. Hon LUK Chung-hung to ask: (Translation)


The East Rail Line ("ERL") is a major means of transport for members of the public to commute between New Territories East and Kowloon, as well as to commute between Hong Kong and the Mainland. In this connection, will the Government inform this Council:
  • (1)whether it knows the average daily (i) passenger patronage and (ii) passenger loading of ERL, in each month since January 2015;

    (2)whether it knows if the MTR Corporation Limited ("MTRCL") has assessed the number of passengers who originally travel to and from the Mainland by ERL will switch to take the Hong Kong section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL") upon the commissioning of XRL in the third quarter of next year, as well as the impacts of such a situation on the (i) passenger patronage, (ii) operation and (iii) revenue and expenditure of ERL; if MTRCL has made an assessment, of the outcome; if not, the reasons for that;

    (3)as currently the passenger patronage of ERL during peak hours has reached the carrying capacity, whether the authorities will request MTRCL to consider adding, during peak hours, non-stop ERL trains running between the stations in the North and Tai Po Districts (i.e. Sheung Shui, Fanling, Tai Wo and Tai Po Market Stations) and the various stations in Kowloon, for the convenience of the residents in the North and Tai Po Districts; if so, of the details and timetable; if not, the reasons for that; and

    (4)given that the Tai Wai to Hung Hom section of the Shatin to Central Link is expected to be commissioned in 2019 and that the population of New Territories East will continue to grow, whether the authorities have studied if it is necessary to construct a new railway connecting New Territories East and Kowloon, so as to address the transport demand; if such a study has been conducted, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

*22. Hon Jimmy NG to ask: (Translation)


Some people of the commercial sector have relayed to me that the rapid economic development and the ever-increasing competitiveness of the cities in the Asia-Pacific Region have posed challenges to Hong Kong's position as a financial hub. According to the Reports on Annual Survey of Companies in Hong Kong Representing Parent Companies Located outside Hong Kong released by the Census and Statistics Department, the number of the regional offices in Hong Kong representing their parent companies located outside Hong Kong has dropped from 2 516 in 2012 to 2 339 this year (a decrease of about 7%). The percentage of those regional headquarters, regional offices and local offices in Hong Kong planning to expand business in the coming three years has dropped from 22% in 2012 to 20% this year. In this connection, will the Government inform this Council:
  • (1)whether the authorities have studied (i) the reasons why some companies located outside Hong Kong withdrew from Hong Kong and (ii) the improvement plans; if so, of the details; if not, the reasons for that;

    (2)apart from the one-stop, free and customized support services offered through Invest Hong Kong to companies which intend to invest in Hong Kong, of the authorities' new measures to attract companies located outside Hong Kong to invest and establish operations in Hong Kong; and

    (3)given that some cities or countries in the Asia-Pacific Region have introduced tax concession schemes (e.g. the "Pioneer Certificate Incentive" and "Development and Expansion Incentive" in Singapore) to encourage companies located outside such cities or countries to set up global or regional headquarters there, whether the authorities will consider offering similar tax concessions to attract companies located outside Hong Kong to set up regional headquarters and regional offices in Hong Kong; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

* 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

Hon Tommy CHEUNG to move the following motion:

Resolved
that in relation to the Waterworks (Amendment) (No. 2) Regulation 2017, published in the Gazette as Legal Notice No. 165 of 2017, and laid on the table of the Legislative Council on 18 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 6 December 2017.

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

Hon YIU Si-wing to move the following motion:

Resolved
that in relation to the Air Pollution Control (Volatile Organic Compounds) (Amendment) Regulation 2017, published in the Gazette as Legal Notice No. 166 of 2017, and laid on the table of the Legislative Council on 18 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 6 December 2017.

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

Dr Hon Elizabeth QUAT to move the following motion:

Resolved
that in relation to the -

(a)Telecommunications (Level of Spectrum Utilization Fee) (Fixed and Other Links) Regulation, published in the Gazette as Legal Notice No. 168 of 2017; and

(b)Telecommunications (Designation of Frequency Bands subject to Payment of Spectrum Utilization Fee) (Amendment) Order 2017, published in the Gazette as Legal Notice No. 169 of 2017,

and laid on the table of the Legislative Council on 18 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 6 December 2017.

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

Hon MA Fung-kwok to move the following motion:

Resolved
that in relation to the Antiquities and Monuments (Declaration of Monuments and Historical Buildings) (Consolidation) (Amendment) Notice 2017, published in the Gazette as Legal Notice No. 170 of 2017, and laid on the table of the Legislative Council on 18 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 6 December 2017.

5.Proposed resolution under section 37B(4) of the Air Pollution Control Ordinance

Ir Dr Hon LO Wai-kwok to move the following motion:

Resolved
that in relation to the Seventh Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences, published in Special Supplement No. 5 to the Gazette on 13 October 2017, and laid on the table of the Legislative Council on 18 October 2017, the period for amending the technical memorandum referred to in section 37B(2) of the Air Pollution Control Ordinance (Cap. 311) be extended under section 37B(4) of that Ordinance to the meeting of 6 December 2017.

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

Hon James TO to move the following motion:

Resolved
that the Pharmacy and Poisons (Amendment) (No. 5) Regulation 2017, published in the Gazette as Legal Notice No. 167 of 2017 and laid on the table of the Legislative Council on 18 October 2017, be amended as set out in the Schedule.

Schedule

Amendments to Pharmacy and Poisons
(Amendment) (No. 5) Regulation 2017


1.Section 2 amended (Schedule 1 amended (substances to which certain restrictions with respect to the sale, supply, labelling and storage apply under regulations 3, 5, 6, 22 and 24))
Section 2, Chinese text, after "奈妥匹坦"──
Add
"(又名奈妥吡坦)".

2.Section 3 amended (Schedule 3 amended (substances required by regulation 9 to be sold by retail only upon a prescription given by a registered medical practitioner, registered dentist or registered veterinary surgeon))
Section 3, Chinese text, after "奈妥匹坦"──
Add
"(又名奈妥吡坦)".

3.Section 4 amended (Schedule 10 amended (Poisons List))
Section 4, Chinese text, after "奈妥匹坦"──
Add
"(又名奈妥吡坦)".

Public Officers to attend :Secretary for Food and Health
Under Secretary for Food and Health


(Debate and voting arrangements for proposed resolution to amend the Pharmacy and Poisons (Amendment) (No. 5) Regulation 2017 (issued on 14 November 2017 under LC Paper No. CB(3) 141/17-18(01)) (same as the Appendix to the Script of Council meeting of 15 November 2017))

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

Hon Starry LEE to move the following motion:


That this Council takes note of Report No. 3/17-18 of the House Committee laid on the Table of the Council on 8 November 2017 in relation to the subsidiary legislation and instrument(s) as listed below:

Item NumberTitle of Subsidiary Legislation or Instrument

(1)Apology Ordinance (Commencement) Notice (L.N. 148/2017)

(2)Import and Export (Electronic Cargo Information) (Amendment) Regulation 2017 (L.N. 152/2017)

(3)Immigration (Places of Detention) (Amendment) Order 2017 (L.N. 153/2017)

(4)Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (New Zealand) (Amendment) Order 2017 (L.N. 154/2017)

(5)Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Amendment of Schedule 2) Order 2017 (L.N. 155/2017)

(6)Fixed Penalty (Criminal Proceedings) (Amendment) Regulation 2017 (L.N. 156/2017)

(7)Road Traffic (Driving Licences) (Amendment) Regulation 2017 (L.N. 157/2017)

(8)Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 2) Regulation 2017 (L.N. 158/2017)

(9)Road Traffic Ordinance (Amendment of Schedule 9) Order 2017 (L.N. 159/2017)

(10)Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 3) Regulation 2017 (L.N. 160/2017)

(11)Immigration Service (Designated Places) (Amendment) Order 2017 (L.N. 161/2017)

(12)Closed Area (Hong Kong-Zhuhai-Macao Bridge Hong Kong Port and Hong Kong Link Road) Order (L.N. 162/2017)

(13)Hong Kong-Zhuhai-Macao Bridge Hong Kong Port and Hong Kong Link Road Closed Area (Permission to Enter) Notice (L.N. 163/2017).

Public Officers to attend :Secretary for Security and Under Secretary for Security (Item Numbers (3) and (11) to (13))
Secretary for Transport and Housing, Secretary for Commerce and Economic Development, Under Secretary for Commerce and Economic Development, Under Secretary for Financial Services and the Treasury, and Under Secretary for Transport and Housing (Item Numbers (1), (2) and (4) to (10))


Stand-over item: Member's motion no. 8 (since the meeting of 18 October 2017)

8.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. 9 and 10 (since the meeting of 12 July 2017)

9.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

10.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

Clerk to the Legislative Council