Secretary for Security Secretary for Constitutional and Mainland Affairs
Contents of 22 questions, Members to ask such questions and public officers to reply set out in Appendix 2
III.
Government Motions
1st debate (to deal with the following 2 motions)
(Standing over from the meeting of 10 July 2019)
1.
Proposed resolution under Article 73(7) of the Basic Law and section 7A of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) on appointment of a judge
Members' Motions (not including those on Subsidiary Legislation/Instruments)
1st debate (to deal with the following motion)
(Standing over from the meeting of 10 July 2019)
1.
Motion under Article 73(9) of the Basic Law to form an independent investigation committee to investigate the charges against the Chief Executive for serious breach of law and/or dereliction of duty
(This motion jointly initiated by 25 Members: Hon Alvin YEUNG, Hon James TO, Hon LEUNG Yiu-chung, Prof Hon Joseph LEE, Hon Claudia MO, Hon WU Chi-wai, Hon Charles Peter MOK, Hon CHAN Chi-chuen, Hon Kenneth LEUNG, Dr Hon KWOK Ka-ki, Hon Dennis KWOK, Dr Hon Fernando CHEUNG, Dr Hon Helena WONG, Hon IP Kin-yuen, Hon Andrew WAN, Hon CHU Hoi-dick, Hon LAM Cheuk-ting, Hon SHIU Ka-chun, Hon Tanya CHAN, Hon HUI Chi-fung, Dr Hon CHENG Chung-tai, Hon KWONG Chun-yu, Hon Jeremy TAM, Hon Gary FAN and Hon AU Nok-hin)
Public officer to attend
:
Chief Secretary for Administration
2nd debate (to deal with the following motion)
(Standing over from the meeting of 20 November 2019)
2.
Motion under Rule 49B(1) of the Rules of Procedure to relieve Hon Tanya CHAN of her duties as a Member of the Legislative Council
Hon IP Kin-yuen, Dr Hon KWOK Ka-ki, Dr Hon Fernando CHEUNG, Dr Hon CHIANG Lai-wan and Hon HUI Chi-fung (Amendments set out in LC Paper No. CB(3) 669/18-19 issued on 6 June 2019)
Public officers to attend
:
Secretary for Labour and Welfare Under Secretary for Labour and Welfare
It has been reported that during the Police's operations to disperse demonstrators since June this year, there have been a number of cases in which persons in elderly and rehabilitation service units felt unwell due to inhalation of tear gas, including the following two cases: on 5 August, at least 13 rounds of tear gas were fired into the precincts of Caritas Jockey Club Tsuen Wan Social Service Building, which housed a care and attention home for the elderly and a day care centre for the elderly; and on 28 October, tear gas billowed into a hostel for severely mentally handicapped persons and a long stay care home located in the vicinity of the Police's Tai Hing Operational Base. In this connection, will the Government inform this Council:
(1)
whether, upon completion of each dispersal operation involving the firing of tear gas rounds, it conducted any assessment and survey on the number of persons in the nearby elderly and rehabilitation service units who had been affected by tear gas and the extent of the impacts, took follow-up actions and offered support to such service units; if so, of the details; if not, the reasons for that;
(2)
whether it has, since June this year, issued guidelines to the various elderly and rehabilitation service units to advise them on the measures that they should take to prevent the persons in their units from being affected by tear gas, as well as the ways for handling the situation when their units have been affected by tear gas (including the removal of tear gas residue); if so, of the details; if not, the reasons for that; and
(3)
of the composition of the tear gas rounds fired by the Police since June this year, and whether such composition has fatal or harmful long-term health impacts on the persons in the aforesaid units; whether the Government has assessed the health impacts of tear gas on different types of infirm persons (e.g. users of respiratory assistive devices) and persons with disabilities; if so, of the details; if not, the reasons for that?
Question 2
(For oral reply)
(Translation)
Provision of transitional housing
Ir Dr Hon LO Wai-kwok to ask:
The Chief Executive ("CE") pointed out in last year's Policy Address that a task force under the Transport and Housing Bureau would actively render assistance to, and facilitate the implementation of, the various short-term community initiatives to increase the supply of transitional housing. The Government would also allow, under the relaunched measures to revitalize industrial buildings, wholesale conversion of industrial buildings into transitional housing. Moreover, CE has indicated in this year's Policy Address that in order not to lengthen the waiting time for families applying for public rental housing ("PRH"), redeveloping aged PRH estates will not be considered for the time being. In this connection, will the Government inform this Council:
(1)
of the functions and scope of work of the task force; whether they include consulting the trades and owners concerned and providing owners of industrial buildings with support and advisory services on conversion of industrial buildings into transitional housing; if so, of the details; if not, the reasons for that;
(2)
whether it will review the policies on and support measures for conversion of industrial buildings into transitional housing, including stipulating the renewal arrangement and the financial assistance for maintenance to which the owners are entitled annually, so that the owners will be more eager to pursue conversion of industrial buildings; if so, of the details; if not, the reasons for that; and
(3)
whether it will consider converting some of the factory estates under the Hong Kong Housing Authority into transitional housing to temporarily accommodate residents affected by PRH redevelopment projects, so as to enable the commencement of the projects concerned; if so, of the details; if not, the reasons for that?
Question 3
(For oral reply)
(Translation)
Manpower of doctors
Dr Hon CHIANG Lai-wan to ask:
It is learnt that manpower shortage of doctors in public hospitals has caused delay in the treatment of quite a number of patients. For instance, the longest waiting time for new case booking at the specialist outpatient clinics under the Hospital Authority ("HA") is as long as three years and ten months. Regarding the manpower of doctors, will the Government inform this Council:
(1)
whether it will, by making reference to the average ratio of 3.2 doctors per 1 000 persons in the European region, set a target doctor-to-population ratio for Hong Kong and carry out manpower planning properly, so as to ensure that there are sufficient doctors in public healthcare institutions for maintaining service quality, and to avoid creating a vicious cycle of excessive work pressure causing wastage of doctors; if so, of the details; if not, the reasons for that;
(2)
given that doctors hired under the Special Retired and Rehire Scheme are only offered contracts of a term of one year, whether it knows if HA will extend the contract term to three years, so as to attract more retired doctors to apply for rehiring; if HA will, of the details; if not, the reasons for that; and
(3)
of the latest situation regarding HA's recruitment of non-locally trained doctors under limited registration; given that the Government has proposed to provide specialist training for this type of doctors to attract them to work in Hong Kong, whether the Government will allocate additional resources to HA and the Hong Kong Academy of Medicine, with a view to increasing the training places; if so, of the details (including the specialties which will be accorded priority for increasing the training places); if not, the reasons for that?
Question 4
(For oral reply)
(Translation)
Organ donation and transplants
Hon Martin LIAO to ask:
The number of cases of organ donation recorded in Hong Kong for the first half of this year was on the low side and it has been reported that the number of transplants performed this year so far has plunged when compared with that of the same period of last year. Such situation has aroused concerns. In this connection, will the Government inform this Council:
(1)
of the monthly statistics of Hong Kong on organ donation, patients on the waiting list, organ transplants performed and average waiting time of patients for each type of organs in the past two years and since January this year;
(2)
as the latest Thematic Household Survey Report has projected that more than 1.5 million of adults are willing to donate their organs after death, yet the number of persons who have registered with the Centralised Organ Donation Register is only about 310 000, whether the Government knows the reasons why a lot of people who are willing to donate their organs still have not yet registered, and the targeted measures in place to encourage such people to turn their goodwill into action, so as to practically boost the registration rate for organ donation; and
(3)
as it has been reported that as at the end of last year, more than 300 Hong Kong people were waiting to undergo transplant of donated organs on the Mainland, and in future, Hong Kong residents may have the opportunity to undergo organ transplants at the University of Hong Kong-Shenzhen Hospital, whether the Government knows the relevant details and has taken follow-up actions; if so, of the details?
Question 5
(For oral reply)
(Translation)
Use of elderly health care vouchers on the Mainland
Hon WONG Kwok-kin to ask:
Regarding the use of elderly health care vouchers ("HCVs") on the Mainland by the elderly of Hong Kong, will the Government inform this Council:
(1)
given that with effect from October 2015, eligible elderly people of Hong Kong may use HCVs to pay for the fees of outpatient medical care services provided by designated clinics/departments of the University of Hong Kong - Shenzhen Hospital, of the number of person-times for which the elderly of Hong Kong used HCVs in that hospital and the total amount of fees involved each year;
(2)
whether, in the past three years, it discussed the extension of the scope of application of HCVs on the Mainland with the relevant Mainland departments, healthcare services organizations of the two places as well as local medical professional groups; if so, of the latest progress, and whether an implementation timetable is in place; and
(3)
whether it will consider allowing the elderly of Hong Kong to use HCVs on the Mainland to pay for the medical fees relating to disease prevention and rehabilitation treatment; if so, of the details; if not, the reasons for that?
Question 6
(For oral reply)
(Translation)
Press freedom
Hon Claudia MO to ask:
Hong Kong's ranking in the World Press Freedom Index has dropped from the 48th in 2009 to the 73rd this year, reflecting that the degree of press freedom in Hong Kong has declined significantly. In this connection, will the Government inform this Council:
(1)
given that since June this year, quite a number of journalists have complained that police officers blocked their cameras, shined strong light at them, insulted and intimidated them, jostled them, tore off their gas masks, inflicted injuries on them with weapons such as batons, pepper spray and rubber bullets (even resulting in a journalist's loss of vision in her right eye), and that the situation has not improved despite repeated complaints by various journalism organizations, of the measures put in place by the Government to ensure that journalists, when covering news at the scenes of public events, will not be subject to police officers' unreasonable treatment directed against them, interference, arrests, attacks and obstruction to their work;
(2)
given that in recent months, the Government has, on the grounds of protecting the privacy of police officers, suspended the public inspection of the Final Registers of Electors/Voters, stopped showing the names of some police officers on the Government Telephone Directory, and required persons who wish to search another person's marriage and birth records to produce the written consent of the data subject, whether the Government will abolish such measures and undertake that it will not implement again any measure that will undermine the right of public access to information; and
(3)
given the inadequacies of the Code on Access to Information (including government departments determining on their own whether or not information should be kept confidential, untenable justifications given for refusal to disclose information, and public organizations not being covered by the Code), of the improvement measures put in place; given that the public consultation conducted by the authorities on the introduction of an archives law and an access to information regime was completed in March this year, of the consultation outcome, follow-up recommendations and legislative timetable?
Question 7
(For written reply)
(Translation)
Law enforcement actions against
Hong Kong people by Mainland authorities
Hon Charles Peter MOK to ask:
It has been reported that on 8 August this year, a Hong Kong resident then employed by the British Consulate General in Hong Kong took a business trip to the Mainland. In the evening on that day, he boarded a Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL") train in Shenzhen to return to Hong Kong. However, upon arrival at the Mainland Port Area of the XRL West Kowloon Station, he was taken back to a police station in the Luohu District of Shenzhen on the Mainland by Mainland law enforcement officers. He was released after 15 days of administrative detention. He alleged that during his detention, he was subjected to inhuman treatment (including coercive interrogation, sleep deprivation, blindfolding and hooding, hours of continuous torture and assault, as well as forced unlocking of his mobile phone and social media account), resulting in a violation of his basic human rights. In this connection, will the Government inform this Council:
(1)
as that person claimed that some Mainland law enforcement officers had revealed to him that some Hong Kong young people who had participated in the movement of opposition to the proposed legislative amendments ("the opposition movement") in Hong Kong were being detained in that police station, whether the Government is aware of such situation; if so, of the details;
(2)
whether the Government received any complaint in the past three years about Hong Kong people being beaten or forced to confess by Mainland law enforcement officers during their detention on the Mainland; if so, whether it followed up such cases with the relevant Mainland departments for investigating if (i) the complaints were substantiated and (ii) any law enforcement officer had violated the laws;
(3)
whether it knows the number of cases, since the Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Ordinance (Cap. 632) came into operation in September 2018, which involved Mainland law enforcement officers taking law enforcement actions against any person at the Mainland Port Area of the West Kowloon Station; whether the Government has been notified by the Mainland authorities of any case of criminal detention of Hong Kong residents in the Area; if so, of the details; and
(4)
whether it knows the number of Hong Kong residents, since June this year, who were subjected to criminal compulsory measures (including summons for questioning, putting on bail, residential surveillance, detention and arrest) on the Mainland by the Mainland authorities because they had participated in the opposition movement; of the details of such cases, as well as the follow-up actions taken by the Government to ensure that the fundamental rights of those residents are protected?
Question 8
(For written reply)
(Translation)
Services for the elderly
Hon LEUNG Yiu-chung to ask:
For those elderly persons who have been confirmed after assessment to have the needs for long term care services, their applications may be put on a Central Waiting List for Subsidized Long Term Care Services ("CWL") to wait for provision of subsidized long term care services, i.e. residential care services ("RCS") or community care services ("CCS"). In this connection, will the Government inform this Council:
(1)
of (i) the number of elderly persons who requested their names be removed from CWL and the reasons for that, and (ii) the number of elderly persons who had been allocated a place in a residential care home ("RCH") but eventually declined the offer and the reasons for that, in each of the past five years; among such elderly persons, the number of those who were assessed to be suitable for receiving RCS only;
(2)
as it is learnt that those elderly persons on CWL who are soon to be placed to a RCH will be included in the small pools list, of the following details in each of the past five years:
(i)
the average time span from the elderly persons being included in the small pools list to being allocated a RCH place;
(ii)
among the elderly persons on the small pools list, the number and percentage of those who had been allocated a RCH place but eventually declined the offer, and the reasons for that; and
(ii)
among the elderly persons who had waited for RCS, the number and percentage of those who declined to be included in the small pools list;
(3)
of the average (i) monthly and (ii) full-year numbers of vacant places and the vacancy rates in the total number of subsidized RCH places in Hong Kong in each of the past five years; the average (iii) monthly and (iv) full-year numbers of vacant places and the vacancy rates of those RCHs preferred by the elderly persons on the small pools list, in each of the past five years;
(4)
of the number, in each month of the past two years, of the elderly persons on CWL who had been assessed to be suitable for both RCS and CCS; among these elderly persons, (i) the number of those "inactive" cases in which the elderly persons chose to receive CCS, and (ii) the number of cases in which the elderly persons had initially chosen to wait for RCS but subsequently received CCS;
(5)
among the elderly persons on CWL, of the respective numbers and percentages, in each month of the past two years, of those elderly persons who, after assessment, were arranged to wait for (i) RCS only and (ii) CCS only;
(6)
given that the Government reinstated in October last year the population-based planning ratios for elderly services facilities in the Hong Kong Planning Standards and Guidelines, of (i) the number of places for the two aforesaid types of services that should be provided according to the calculation based on such ratios, and (ii) the actual number of places available for these two types of services, in each District Council district at present, as well as the details of the calculation methods; when the Government will review such ratios; and
(7)
whether the Government, when planning the elderly service places on a territory-wide basis, has included the service quotas under the Pilot Scheme on Community Care Service Voucher for the Elderly and under the Pilot Scheme on Residential Care Service Voucher for the Elderly?
Question 9
(For written reply)
(Translation)
Ensuring the impartiality of prosecutors
Dr Hon Priscilla LEUNG to ask:
Since the eruption of the movement of opposition to the proposed legislative amendments ("the movement") in June this year, there have been persons, one after another, being charged with various offences. It has been reported that some persons, claiming to be "a group of prosecutors" within the Department of Justice ("DoJ"), issued an anonymous open letter on 31 July this year using DoJ's letterhead, criticizing the ways in which senior personnel of DoJ dealt with the cases involving large-scale public events. Besides, in a case mentioned at the Eastern Magistrates' Courts on 4 November this year, as the name of one of the five defendants stated in DoJ's consent to prosecution was wrong and discrepancies were found between the Chinese and English versions of an offence, all of the five defendants had the charges against them withdrawn by the prosecution and were released at the Court. In this connection, will the Government inform this Council:
(1)
whether DoJ has conducted an internal investigation into the aforesaid open letter, including the identity of the senders of the letter; if so, of the details; if not, the reasons for that;
(2)
whether DoJ has compiled statistics on the number of prosecutions relating to the movement so far where errors have been found in the relevant internal procedure or prosecution documents; if so, of the details; and
(3)
of DoJ's measures to ensure that prosecutors uphold the principles of impartiality, probity and care in dealing with prosecutions relating to the movement?
Question 10
(For written reply)
(Translation)
Proof of identity as journalists
Hon WONG Ting-kwong to ask:
At present, there is no official organization in Hong Kong responsible for issuing press cards. According to the constitution of the Hong Kong Journalists Association ("HKJA"), its membership is classified into six categories, among which only full members may be issued with press cards. It has been reported that during a number of public meetings and processions held since June this year, some demonstrators at the scene disguised themselves as journalists by wearing self-made press cards in order to conceal their identity. In this connection, will the Government inform this Council:
(1)
of the respective numbers of persons arrested, prosecuted and convicted since June this year for using forged press cards; the punishments imposed on those convicted;
(2)
as some police officers have indicated that they find it difficult to distinguish between the different types of membership cards and press cards issued by HKJA and to judge the authenticity of such cards, of the measures put in place by the Government to assist police officers in verifying whether the cardholders are journalists during law enforcement; and
(3)
given that HKJA is only a trade union registered under the Trade Unions Ordinance (Cap. 332) rather than a professional body vested with statutory powers to regulate its members, and that HKJA and the various news organizations issue press cards on their own, making it difficult for people to ascertain if the cardholders are journalists, whether the Government will set up a statutory body responsible for issuing official press cards; if so, of the details; if not, the reasons for that?
Question 11
(For written reply)
(Translation)
Hong Kong's transport infrastructure
Hon CHAN Hak-kan to ask:
For several consecutive days of last month, the train services of various railway lines (especially the East Rail Line) were reduced or even suspended due to vandalization of facilities and blockage of trunk roads such as the Tolo Highway. As a result, the external transport for residents in the New Territories (especially those living in Tai Po and North District) almost came to a halt, thus seriously affecting their work and daily lives. There are comments that such a situation has revealed the vulnerability of Hong Kong's transport network. Besides, some members of the public have relayed that as roads and railway stations have been frequently closed in haste due to demonstrations and they have difficulty in getting to know the latest traffic news and arrangements, they have experienced great inconvenience in travelling. In respect of improving Hong Kong's transport infrastructure, will the Government inform this Council:
(1)
of the respective numbers of cases of (i) the facilities of the East Rail Line being vandalized and (ii) the Tolo Highway being blocked, in each of the past three years, and the details of such cases;
(2)
whether it will, by drawing the experience from the aforesaid incidents, improve the planning for the transport network with a view to enhancing its capability to withstand any attack; if so, of the details; of the relief transport arrangements to cope with various contingencies;
(3)
whether it will improve the existing mechanism and channels for disseminating traffic news to ensure that members of the public can conveniently get to know the latest traffic news and arrangements; and
(4)
as it has been reported that the reinstatement works for MTR University Station are almost of a scale of reconstructing the station, whether the Government will discuss with the MTR Corporation Limited to upgrade the facilities of that station along with the reinstatement works, including (i) extending the cover to the entire platform, (ii) narrowing the gap between the platform and the train, and (iii) building a new exit and connecting it to the Hong Kong Science Park by a pedestrian link installed with travellators?
Question 12
(For written reply)
(Translation)
Mainlanders studying in Hong Kong
Hon CHEUNG Kwok-kwan to ask:
Recently, a wave of demonstrations and violence has swept through a number of universities in Hong Kong, with the more serious cases being that the campuses of The Chinese University of Hong Kong and the Hong Kong Polytechnic University were once occupied by rioters for several days, and turned into arsenals and battlefields. It is learnt that owing to worries about personal safety, quite a number of university students from the Mainland have been evacuated from the campuses with the assistance of the universities concerned and the Police and have returned to the Mainland. In this connection, will the Government inform this Council:
(1)
whether it knows the respective numbers of Mainlanders studying in the various (i) universities, (ii) other tertiary institutions, (iii) secondary schools and (iv) primary schools in Hong Kong in the current academic/school year (set out in a table);
(2)
whether it knows the number of cases, since June this year, in which the Mainlanders studying in Hong Kong dropped out and returned to the Mainland; whether it has estimated the final number of such cases in the current academic/school year;
(3)
of the number of requests for assistance received since June this year by the Government from the Mainlanders studying in Hong Kong;
(4)
of the immediate measures put in place by the Police and the Education Bureau to safeguard the personal safety of the Mainlanders studying in Hong Kong, as well as the support provided by the authorities concerned to them when they are unable to return to the campuses to attend classes or to stay at the dormitories; and
(5)
of the impacts of this wave of dropouts among the Mainlanders on the education system of Hong Kong; the measures in place to alleviate such impacts, including persuading them to stay and study in Hong Kong, as well as restoring the confidence of those who have returned to the Mainland in the law and order of Hong Kong with a view to attracting them to return to Hong Kong to continue their studies?
Question 13
(For written reply)
(Translation)
Statutory cooling-off period for consumer contracts
Hon SHIU Ka-fai to ask:
Early this year, the Government launched a three-month public consultation exercise on a proposal for a statutory cooling-off period for consumer contracts, including those relating to beauty services. As revealed by the findings of a questionnaire survey released in May this year, nearly half of the beauty companies intended to close their business once the statutory cooling-off period is implemented. Notwithstanding that many industries have languished due to the movement of opposition to the proposed legislative amendments which erupted in June this year, the Government plans to introduce into this Council a bill to put in place a statutory cooling-off period for beauty services consumer contracts, with a view to passing it in the current legislative session. In this connection, will the Government inform this Council:
(1)
whether it has assessed if, at the present stage, the enactment of legislation to put in place a statutory cooling-off period for beauty services consumer contracts will put the beauty service industry in the doldrums; if it has assessed, of the outcome; if not, the reasons for that;
(2)
of the number of complaints about unfair trade practices received by the Customs and Excise Department ("C&ED") since the amended Trade Descriptions Ordinance (Cap. 362) came into operation in July 2013; among such cases, the respective numbers of those the investigation of which was completed, and those in which the persons concerned were prosecuted and convicted (with a tabulated breakdown by trade);
(3)
of the number of complaints involving suspected aggressive commercial practices ("ACP") received by C&ED in each of the past five years (with a tabulated breakdown by trade);
(4)
as the relevant public consultation paper has pointed out that investigation of ACP cases has been difficult for C&ED, of the staffing establishment of C&ED officers responsible for the relevant work and the procedure they are required to follow at present;
(5)
as the Government has pointed out in the consultation paper that it appreciates that most traders in the beauty service industry are honest businessmen, whether the Government has assessed in detail if the implementation of a statutory cooling-off period applicable to the entire beauty service industry is a proportionate means to crack down on a handful of black sheep; if it has assessed, of the details; if not, the reasons for that;
(6)
as the beauty service industry has suggested that it is not necessary to implement a cooling-off period by way of legislation, and instead provisions on cooling-off periods may be added, on a voluntary basis, to beauty services consumer contracts (e.g. providing for a partial refund of money to consumers under specified circumstances and the mediation arrangements in the event of contractual disputes), whether the Government has studied the suggestion; if so, of the details; if not, the reasons for that; and
(7)
since the Government knows that providing consumers with a statutory right, by way of legislation, to cancel contracts unilaterally may make them less cautious in making transaction decisions, thereby giving rise to moral hazards, coupled with the fact that the administrative fees charged by the traders may not be sufficient to offset the costs incurred by them due to cancellation of contracts by consumers, of the reasons why the Government still proposes to introduce a statutory cooling-off period by way of legislation, forcing numerous honest businessmen to bear the heavy burden brought about by the additional costs?
Question 14
(For written reply)
(Translation)
Mortgage Insurance Programme
Hon CHAN Chun-ying to ask:
In the Policy Address delivered on 16 October this year, the Chief Executive indicated that in order to assist first-time home buyers, the Government would immediately raise the caps on the value of the properties under the Mortgage Insurance Programme of the HKMC Insurance Limited. The maximum value of properties, eligible for insurance coverage for mortgage loans with 90% loan-to-value ("LTV") ratio borrowed by first-time home buyers, was raised from $4 million to $8 million, and the maximum value of properties, eligible for insurance coverage for mortgage loans with 80% LTV ratio, was raised from $6 million to $10 million. In this connection, will the Government inform this Council:
(1)
whether it has estimated the number of first-time home buyers who may benefit from the aforesaid measure; if so, of the details; if not, the reasons for that;
(2)
given that following the implementation of the aforesaid measure, quite a number of owners of residential properties with original price tags between $5 million and $10 million have immediately "withdrawn putting up their flats for sale" or raised the price tags, whether the Government, prior to announcing the measure, foresaw such situations; if so, of the details; if not, the reasons for that; and
(3)
as some academics have pointed out that while the aforesaid measure enable the acquisition of flats by certain people who originally did not have adequate financial ability to do so, such people will become property owners in negative equity in the event that the property market takes a downturn that causes a drop in the values of their properties by 10% or more, whether the Government has assessed the moral hazards of implementing the measure; if so, of the details; if not, the reasons for that?
Question 15
(For written reply)
(Translation)
Administration of justice
Hon Elizabeth QUAT to ask:
Regarding the administration of justice in respect of cases relating to the disturbances arising from the opposition to the proposed legislative amendments, will the Government inform this Council:
(1)
given that a serving judge had earlier on signed a joint public petition in opposition to the proposed legislative amendments and some judges had anonymously expressed to the media their views on the proposed legislative amendments, but the Chief Justice of the Court of Final Appeal merely issued an advice to the judge who had signed the joint petition, whether it knows the measures currently put in place by the Judiciary to (i) ensure that judges comply with the Guide to Judicial Conduct issued by the Judiciary (especially paragraph 76 which provides that judges should refrain from association with political activities), and (ii) deal with breaches of the Guide by judges;
(2)
as Articles 82 and 92 of the Basic Law provide that judges from other common law jurisdictions may be invited/recruited to hear cases (including cases of the Court of Final Appeal), whether it knows the mechanism put in place by the Judiciary to ensure that such judges uphold neutrality when hearing cases involving national security and interests;
(3)
given that the number of arrestees in relation to the disturbances arising from the opposition to the proposed legislative amendments has exceeded 4 000 so far, whether the Government will discuss with the Judiciary, by reference to relevant overseas practices, the setting up of a special riot court dedicated to hearing such cases, in order to avoid the building up of a backlog of prosecutions listed for hearings by the court; if so, of the details; if not, the reasons for that;
(4)
given that the arrestees in relation to the disturbances arising from the opposition to the proposed legislative amendments, when admitted to bail by the court, were required to pay an amount of bail ranging from several hundred dollars to several tens of thousand dollars, whether the Government knows the criteria generally adopted by judges for determining the level of the amount of bail;
(5)
of the respective numbers of legal aid applications (i) received and (ii) approved by the Legal Aid Department in the past six months in respect of cases relating to the disturbances arising from the opposition to the proposed legislative amendments, and the total amount of money involved; the criteria adopted by the Department for vetting and approval of such applications; and
(6)
as it is learnt that some demonstrators, who had been arrested in relation to the disturbances arising from the opposition to the proposed legislative amendments, had breached the bail conditions while admitted to bail by the court, but they continued to be released on bail, whether it knows the reasons for that?
Question 16
(For written reply)
(Translation)
Charging facilities for electric vehicles
Hon Kenneth LEUNG to ask:
It is learnt that an acute shortage of charging facilities for electric vehicles ("EVs") has caused quite a number of people to give up the idea of purchasing EVs. Regarding charging facilities for EVs, will the Government inform this Council:
(1)
as the authorities indicated early this year that the relevant government departments were looking for suitable on-street car parking spaces to install charging facilities as a pilot, of the progress and implementation timetable of the measure;
(2)
as the authorities indicated early this year that the relevant government departments were looking for suitable locations (which were not car parking spaces) to set up public quick charging stations for trial, of the locations that the authorities have considered so far, the progress of the studies carried out on the feasibility of the various locations, and the implementation timetable of the measure;
(3)
whether the authorities will encourage, through the provision of rates concession, commercial car park operators to install charging facilities in their car parks; if so, of the details; if not, the reasons for that; and
(4)
given that under section 20 of the Electricity (Wiring) Regulations (Cap. 406E), if a low voltage fixed electrical installation located in a general premises has an approved loading exceeding 100A, single or three phase, the owner of the installation shall arrange to have the installation inspected, tested and certified at least once every five years, and that the Government will allocate $2 billion for launching a pilot scheme to subsidize the installation of EV charging-enabling infrastructure in car parks of private residential buildings, whether the Government will accord priority to contacting the owners' corporations or managers of buildings the communal electrical installation therein for which the said inspections will soon be conducted, so as to encourage them to install EV charging-enabling infrastructure in their car parks in tandem with the conduct of the aforesaid inspection; if so, of the details; if not, the reasons for that?
Question 17
(For written reply)
(Translation)
Assisting first-time home buyers
Hon Paul TSE to ask:
The Chief Executive has indicated in this year's Policy Address that, in order to assist first-time home buyers, the Government would immediately raise the caps on the value of the properties under the Mortgage Insurance Programme of the HKMC Insurance Limited. The maximum value of properties, eligible for insurance coverage for mortgage loans with 90% loan-to-value ratio borrowed by first-time home buyers, was raised from $4 million to $8 million. On the other hand, it is learnt that a professional investor, who is also a member of a committee under the Securities and Futures Commission ("SFC"), has called for the abolition of the MPF system given his projection that one-third of the returns from the Mandatory Provident Fund ("MPF") accounts of members of the public will go into the pockets of fund managers. On assisting first-time home buyers, will the Government inform this Council:
(1)
as some members of the property agency trade have pointed out that following the implementation of the aforesaid measure, property prices have rebounded, ending a four-month downward trend, with the transaction prices of some properties even rising by almost 20%, whether the Government has assessed if the aforesaid measure has created the effect that first-time home buyers have to pay more for down payments and mortgage payments; if it has assessed and the outcome is in the affirmative, whether it will consider, through other policies, assisting first-time home buyers in making good use of their personal assets to meet the relevant expenses;
(2)
as quite a number of members of the public have indicated that they are unable to purchase their own homes as they cannot afford the substantial down payments to the tune of several hundred thousand dollars, whether the Government will, from the perspectives of protecting the MPF accumulated contributions of members of the public from being nibbled away by fund managers, allowing members of the public to make good use of their personal assets, and alleviating the pressure to be borne by members of the public in purchasing their first homes, consider afresh my suggestion of allowing first-time home buyers to use their MPF accumulated contributions to pay for down payments and the relevant expenses; if not, of the reasons for that;
(3)
whether it has studied if the pressing housing problem can be effectively alleviated by allowing first-time home buyers to use their MPF accumulated contributions for home purchases; if it has studied and the outcome is in the affirmative, of the details; if it has not, whether it will conduct such a study and seek the views of the public; and
(4)
having regard to the comments that the practice of the Government in compelling members of the public to make MPF contributions for decades, in the clear knowledge that they are being exploited by fund managers, is tantamount to forcing members of the public to "accept discounted salary payments each month" and to "keep making contributions which have no prospect of recovery of losses", which has not only undermined the ability of members of the public in purchasing their first homes, but also resulted in the continuous accumulation of public grievances and public anger, thereby eroding the public's confidence in the Government's implementation of policies, and the former Central Policy Unit even anticipated that a governance crisis similar to "Occupy Central by the elderly" may emerge as a result, whether the Government will seriously review the views and suggestions put forward by members of the public and the aforesaid SFC member by exploring every possible means to compensate members of the public for the MPF accumulated contributions that have been nibbled away by fund managers, or examining the abolition of the MPF system directly?
Question 18
(For written reply)
(Translation)
Health impacts of tear gas residue
Hon WU Chi-wai to ask:
The Government has repeatedly stated that given the short duration of combustion of tear gas rounds, cyanide produced during combustion will be in a very small quantity and will quickly disperse in the air, and that no literature on dioxin poisoning cases caused by the use of tear gas has been found. However, some members of the public are still concerned about the adverse health impacts of tear gas. Several secondary schools in the vicinity of the locations where a massive quantity of tear gas rounds had been fired suspended classes earlier and hired experts to carry out thorough checking and cleaning at the campus. In this connection, will the Government inform this Council:
(1)
whether the Government provides services for checking and removing residues of tear gas at public facilities such as schools, hospitals, elderly centres and MTR stations; if so, of the respective numbers of times for which such checking and removal services were provided since June this year, and set out by name of facility the dates on which such services were provided and whether tear gas residue was found; if it does not provide such services, whether it will do so;
(2)
whether the Government has issued guidelines to the managers of such public facilities to advise on the precautionary measures to be taken during the firing of tear gas rounds by the Police, as well as the arrangements on checking and cleaning to be made afterwards so as to reduce the impacts of tear gas residue on users of such facilities; if so, of the details;
(3)
given that the Police have recently fired a massive quantity of tear gas rounds at the Hong Kong Polytechnic University and in the vicinity of Nathan Road, of the measures the Government has put in place to ensure that the indoor air quality of the Hong Kong Science Museum and the Hong Kong Museum of History conforms with the safety standards;
(4)
of the measures in place to assist owners of the private properties (e.g. shopping malls and housing estates) in the vicinity of the locations where tear gas rounds were fired in ensuring that the indoor air quality of their properties conforms with the safety standards;
(5)
whether the Environmental Protection Department will send staff to collect environmental samples from the locations where the Police have fired a massive quantity of tear gas rounds repeatedly (e.g. the campus of The Chinese University of Hong Kong and Nathan Road) so as to test if there are toxic substances from tear gas rounds remaining in the community; if so, of the details; if not, the reasons for that; and
(6)
whether it has been stated in the guidelines issued by the authorities to the cleansing service contractors for cleaning streets or public housing estates that at the locations where tear gas rounds have been fired, practices which will stir up residual materials (e.g. the use of high pressure water jets) should not be adopted; if so, of the details?
Question 19
(For written reply)
(Translation)
Persons arrested in the past six months
Prof Hon Joseph LEE to ask:
Regarding the persons arrested during the public events held between 9 June and 30 November this year, will the Government inform this Council:
(1)
of their number, with a tabulated breakdown by the offence(s) they had allegedly committed as well as by the gender and the age group to which they belonged (i.e. under 12 years old, 12 to 14 years old, 15 to 17 years old, 18 to 20 years old, 21 to 25 years old, 26 to 30 years old, 31 to 40 years old, 41 to 50 years old, and above 50 years old);
(2)
among them, of the respective numbers of those who were arrested for the first time and were (i) admitted to bail, (ii) released unconditionally and (iii) brought before a magistrate, subsequent to the arrest; among those who were admitted to bail, the respective numbers of those who were subsequently (iv) released unconditionally after refusing to enter into further bail and (v) prosecuted;
(3)
whether it can set out a breakdown of the numbers of arrestees mentioned in (2) by whether or not they had been detained by the Police for more than 48 hours, which is the limit prescribed by the law; if so, of the details; if not, the reasons for that; and
(4)
in respect of those cases in which charges have been laid, of the average and the longest time spans between the making of an arrest and the laying of the charge(s); whether such time spans are longer than the relevant time spans for the same type of cases in the past three years; if so, of the reasons for that?
Question 20
(For written reply)
(Translation)
Facilitating construction professionals to practise in the Greater Bay Area
Hon Tony TSE to ask:
On the 6th of last month, the Central Government announced, after a meeting of the Leading Group for the Development of the Guangdong-Hong Kong-Macao Greater Bay Area, 16 policy measures benefiting members of the public and facilitating the development of Hong Kong's professional sectors in the Guangdong-Hong Kong-Macao Greater Bay Area. These include Measure 1: further extending the scope of mutual recognition of qualifications for construction professionals, and Measure 2: expanding the scope of application of the liberalization policy for the construction professionals from Hong Kong and Macao to practise on the Mainland. In this connection, will the Government inform this Council:
(1)
of the details of Measure 1, including (i) the construction and related engineering professions to be covered, (ii) whether such professions include any profession that has never been allowed to have mutual recognition of qualifications with the Mainland, and (iii) whether the work on mutual recognition of qualifications will be carried out in a constant and regular manner;
(2)
given that the scope of application of the current liberalization policy, formulated for the practice of Hong Kong professionals who have acquired, through mutual recognition or examinations, the Mainland's professional qualifications in areas such as construction and related engineering in Guangdong, Guangxi and Fujian, will be extended to the entire Mainland according to Measure 2, of the details of such liberalization policy;
(3)
when the two Measures are expected to come into effect, and whether the Government will consult the trade and professional bodies on the relevant implementation details; and
(4)
whether the Government will, when discussing with the Mainland authorities other policies and measures relating to the practice of Hong Kong's construction professionals on the Mainland, enhance its communication with the trade and professional bodies and invite them to participate in the relevant discussion?
Question 21
(For written reply)
(Translation)
Operation of the Chinese People's Liberation Army Hong Kong Garrison
Hon Dennis KWOK to ask:
It has been reported that on the 16th of last month, some members of the Chinese People's Liberation Army Hong Kong Garrison ("Hong Kong Garrison") who stationed in the Kowloon Tong barracks walked out of the barracks to Renfrew Road in Kowloon Tong to clear the road barricades there. On the other hand, Article 14 of the Basic Law stipulates that: "[t]he Government of the Hong Kong Special Administrative Region shall be responsible for the maintenance of public order in the Region. Military forces stationed by the Central People's Government in the Hong Kong Special Administrative Region for defence shall not interfere in the local affairs of the Region. The Government of the Hong Kong Special Administrative Region may, when necessary, ask the Central People's Government for assistance from the garrison in the maintenance of public order and in disaster relief". In this connection, will the Government inform this Council whether the said operation of the members of the Hong Kong Garrison was conducted in response to a request for assistance made by the Government of the Hong Kong Special Administrative Region ("HKSAR") to the Central People's Government under the aforesaid article; if so, of the justifications for the HKSAR Government to make such a request; if not, whether the HKSAR Government: (i) knows the Mainland department(s) and/or official(s) on whose instruction the operation was conducted, and the justifications for issuing the instruction, and (ii) has assessed if the operation has breached the aforesaid article; if it has assessed and the outcome is in the affirmative, of the follow-up actions; if the assessment outcome is in the negative, the justifications for that?
Question 22
(For written reply)
(Translation)
Handling the aftermath of social disturbances
Hon Holden CHOW to ask:
In the demonstrations since June this year which were triggered by the disturbances arising from the opposition to the proposed legislative amendments, the demonstrators' violent acts have been escalating continuously, turning from, at the initial stage, storming the Legislative Council Complex and government buildings, blocking roads, hurling bricks and paralyzing the airport's operation, to assaulting police officers, hurling a large quantity of petrol bombs and committing arson, vandalizing MTR stations and shops, "settling privately" (the code words for making vigilante attacks) those persons with different political views, etc. Quite a number of police officers were injured while on duty, and several thousands of demonstrators were arrested. In this connection, will the Government inform this Council:
(1)
of the number, since June this year, of police officers injured while on duty in demonstrations, with a tabulated breakdown by (i) the injured body parts of the police officers and (ii) the seriousness of the injuries when they were sent to hospital;
(2)
of the total number, since June this year, of demonstrators who were arrested for the first time and then admitted to bail, as well as the general bail conditions; and
(3)
of the current number of cases listed for trials which are related to the disturbances arising from the opposition to the proposed legislative amendments, and the relevant average time needed for listing since June this year?