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A 20/21-37(CM-36)

Legislative Council

Agenda

Wednesday 14 July 2021 at 11:00 am

I.
Laying of Papers on the Table of the Council

2 items of subsidiary legislation and 5 other papers to be laid on the Table of the Council set out in Appendix 1
Members to address the Council
Papers

II.
Questions

Members to ask 22 questions (6 for oral replies and 16 for written replies)
Questions for oral replies to be asked by
Public officers to reply
1.
Secretary for Financial Services and the Treasury
2.
Ir Dr Hon LO Wai-kwok
Secretary for Innovation and Technology
Secretary for Food and Health
3.
Secretary for Transport and Housing
4.
Secretary for Financial Services and the Treasury
5.
Secretary for Security
6.
Secretary for Commerce and Economic Development
Secretary for Innovation and Technology
Contents of 22 questions, Members to ask such questions and public officers to reply set out in Appendix 2

III.
Government Bills

First Reading and Second Reading (debate to be adjourned)
1.
:
Secretary for Justice
2.
:
Secretary for Justice
3.
:
Secretary for Transport and Housing
4.
:
Secretary for Commerce and Economic Development
5.
:
Secretary for Financial Services and the Treasury
6.
:
Secretary for Security
Second Reading (debate to resume), consideration by committee of the whole Council and Third Reading

IV.
Members' Motions on Subsidiary Legislation

1.
Proposed resolution to extend the period for amending subsidiary legislation (L.N. 93 and L.N. 94 of 2021)
Mover
:
Hon Holden CHOW
Wording of the motion
:
2.
Proposed resolution to extend the period for amending subsidiary legislation (L.N. 95 to L.N. 101 of 2021)
Mover
:
Hon CHAN Chun-ying
Wording of the motion
:
3.
Proposed resolution to extend the period for amending subsidiary legislation (L.N. 102 and L.N. 103 of 2021)
Mover
:
Dr Hon CHIANG Lai-wan
Wording of the motion
:

V.
Members' Other Motions

1.
Proposed resolution under Article 75 of the Basic Law to amend the Rules of Procedure
Mover
:
Hon Paul TSE
Wording of the motion
:
2.
Motion on "Commencing a new phase in Hong Kong's development of re-industrialization"
Mover
:
Hon Holden CHOW
Wording of the motion
:
Amendment mover
:
Hon Jimmy NG
(Amendment set out in LC Paper No. CB(3) 728/20-21 issued on 2 July 2021)
Public officers to attend
:
Secretary for Innovation and Technology
Under Secretary for Innovation and Technology
Under Secretary for Commerce and Economic Development
3.
Motion on "Reforming the housing policy to resolve the housing problem"
Mover
:
Hon Tony TSE
Wording of the motion
:
2 amendment movers
:
Hon Wilson OR and Hon KWOK Wai-keung
(Amendments set out in LC Paper No. CB(3) 729/20-21 issued on 2 July 2021)
Public officers to attend
:
Secretary for Transport and Housing
Under Secretary for the Environment
Under Secretary for Development
Under Secretary for Transport and Housing



Clerk to the Legislative Council




Appendix 1

Council meeting of 14 July 2021

Laying of Papers on the Table of the Council

Subsidiary legislation
Legal Notice No.
Other papers
3.
4.
5.
Report of the Public Accounts Committee on Report No. 76 of the Director of Audit on the Results of Value for Money Audits
(July 2021 - P.A.C. Report No. 76)
(to be presented by Hon Abraham SHEK, Chairman of the Public Accounts Committee, who will address the Council on this paper)
6.
Finance Committee
Report on the examination of the Estimates of Expenditure 2021-2022
(to be presented by Hon CHAN Kin-por, Chairman of the Finance Committee, who will address the Council on this paper)
7.




Appendix 2

22 questions to be asked at the Council meeting of 14 July 2021

Subject matters
Public officers to reply
Questions for oral replies
1
Hon Christopher CHEUNG
Secretary for Financial Services and the Treasury
2
Ir Dr Hon LO Wai-kwok
Secretary for Innovation and Technology
Secretary for Food and Health
3
Hon Mrs Regina IP
Secretary for Transport and Housing
4
Hon CHAN Han-pan
Secretary for Financial Services and the Treasury
5
Hon Elizabeth QUAT
Secretary for Security
6
Hon Paul TSE
Secretary for Commerce and Economic Development
Secretary for Innovation and Technology
Questions for written replies
7
Hon YUNG Hoi-yan
Secretary for Food and Health
8
Hon Jimmy NG
Secretary for Commerce and Economic Development
9
Hon YIU Si-wing
Secretary for Commerce and Economic Development
10
Dr Hon CHIANG Lai-wan
Secretary for Labour and Welfare
11
Hon Starry LEE
Secretary for Constitutional and Mainland Affairs
12
Hon Frankie YICK
Secretary for Transport and Housing
13
Dr Hon Priscilla LEUNG
Secretary for Food and Health
14
Hon Holden CHOW
Secretary for Financial Services and the Treasury
15
Hon CHAN Hak-kan
Secretary for Financial Services and the Treasury
16
Hon LUK Chung-hung
Secretary for Commerce and Economic Development
17
Hon Tony TSE
Secretary for Home Affairs
18
Ir Dr Hon LO Wai-kwok
Secretary for Innovation and Technology
19
Hon SHIU Ka-fai
Secretary for Food and Health
20
Dr Hon Pierre CHAN
Secretary for Security
21
Hon CHAN Hak-kan
Secretary for Commerce and Economic Development
22
Hon Mrs Regina IP
Secretary for Innovation and Technology




Question 1
(For oral reply)

(Translation)

Subscription arrangements for initial public offering of shares

Hon Christopher CHEUNG to ask:
According to the Listing Rules of the Stock Exchange of Hong Kong Limited ("SEHK"), where securities are offered to the public for subscription or purchase, issuers, their directors, sponsors and underwriters (collectively referred to as "the parties involved in the issue") must take reasonable steps to ensure that multiple or suspected multiple applications are identified and rejected. Regarding the subscription arrangements for initial public offering of shares ("IPO shares"), will the Government inform this Council:
(1)
whether it knows, among the individual investors who were allotted IPO shares in the past three years, the respective percentages of those whose places of residence were Hong Kong, the Mainland and other regions; the number of multiple subscription applications uncovered in the past three years, broken down by the applicants' places of residence;
(2)
whether it knows how the parties involved in the issue currently prevent investors from making multiple applications for subscribing for IPO shares, and if SEHK will implement new measures to prevent multiple applications; if SEHK will, of the details; if not, the reasons for that; and
(3)
as it has been reported that Mainland residents can, in general, successfully subscribe for the IPO shares of companies listed in Hong Kong, whereas it is difficult for Hong Kong people to subscribe for the IPO shares of companies listed on the Mainland, whether the Government strove, in the past three years, for the establishment of a channel by the Mainland authorities for individual investors in Hong Kong to subscribe for the IPO shares of companies listed on the Mainland; if not, of the reasons for that; if so, the details, and whether there is an implementation timetable?
 



Question 2
(For oral reply)

(Translation)

Vaccination records

Ir Dr Hon LO Wai-kwok to ask:
On the basis of "vaccine bubble", the Government has implemented less stringent social distancing measures for those persons who have received vaccination against the Coronavirus Disease 2019 ("vaccination"). Moreover, members of the public may scan the QR codes on their paper or electronic vaccination records (collectively referred to as "vaccination records") to store the vaccination records in the "LeaveHomeSafe" mobile application for checking by the persons-in-charge of scheduled premises or law enforcement officers when necessary. In this connection, will the Government inform this Council:
(1)
given that a single vaccination record can be stored in more than one LeaveHomeSafe accounts since the procedure for storing vaccination records does not involve identity authentication, whether the Government will plug this loophole as soon as possible and step up the verification of the identity of the holders of vaccination records on those premises the entry to which is restricted to persons who have received vaccination, in order to avoid a gap in epidemic prevention; if so, of the details; if not, the reasons for that;
(2)
whether it will weigh afresh the importance of epidemic prevention against that of protection of personal privacy, and suitably incorporate identity authentication and tracking functions in the LeaveHomeSafe application; if so, of the details; if not, the reasons for that; and
(3)
whether it will expedite the discussion with the Mainland authorities the establishment of a mechanism for mutual recognition of the electronic vaccination records of the two places (including allowing Hong Kong's LeaveHomeSafe application and the Guangdong Province's "Yuekang Code" application to mutually recognize and store the vaccination records of the two places), in order to assist in striving for an early resumption of normal traveller clearance between Hong Kong and the Mainland; if so, of the details; if not, the reasons for that?
 



Question 3
(For oral reply)

(Translation)

Developing topside properties at the railway stations

Hon Mrs Regina IP to ask:
Under the "ownership" approach and the "Rail-plus-Property development" model, the MTR Corporation Limited ("MTRCL") is responsible for the construction and operation of new railways, and it will be granted the development rights of the topside properties at the railway stations by the Government for subsidizing the railway construction costs. It has been reported that MTRCL had reaped lucrative profits from property developments over the years. In this connection, will the Government inform this Council whether it will specify the permitted rate of return ("RoR") of MTRCL with regard to property developments (with the relevant level to be determined by drawing reference from the permitted RoR of the two power companies, i.e. 8% on their average net fixed assets), and require MTRCL to hand over the remaining property units to the Government for public housing use once the permitted RoR is reached; if so, of the details; if not, the reasons for that?
 



Question 4
(For oral reply)

(Translation)

Registration of business by online auction platform users

Hon CHAN Han-pan to ask:
It has been reported that a girl, currently aged 12, who had made 10-odd transactions through an online auction platform ("OAP") in the past three years, received a letter recently from the Inland Revenue Department ("IRD") demanding her to pay, for the past three years, the relevant fees payable under the Business Registration Ordinance ("BRO"). In this connection, will the Government inform this Council:
(1)
whether IRD has compiled statistics on the current number of OAP users in the territory who carry on business through such platforms and, among them, the number of those who have not completed the registration of their businesses; of the number of such users from whom IRD collected various fees under BRO in the past three years;
(2)
given that quite a number of active OAP users are unclear about the circumstances under which business registration is required, and they are worried about breaching the law inadvertently, whether IRD will step up the relevant publicity and education efforts; and
(3)
whether it will require OAPs, before allowing minors to open accounts on their platforms, to obtain from their parents or guardians an undertaking of assuming, on behalf of the minors, the tax liabilities associated with the accounts concerned; if so, of the details and the timetable; if not, the reasons for that?
 



Question 5
(For oral reply)

(Translation)

Guard against the spread of extremism

Hon Elizabeth QUAT to ask:
It has been reported that since the implementation of the National Security Law for Hong Kong last year, riot-related crimes have plunged, but radicals' acts of disseminating false information and seditious remarks on the Internet with an intent to revive violence have not been curbed. On the 1st of this month, someone hurled flammable objects at the Government House, and a man stabbed and wounded a police officer with a sharp knife. Some people subsequently glorified such criminal acts on the Internet, and some people even mourned for the attacker who had killed himself at the scene of the attack. In this connection, will the Government inform this Council:
(1)
given that recently the Police have detected cases of possession of explosives and firearms, and that the aforesaid "lone-wolf" terrorist attack has occurred, whether the Government will raise the threat level of terrorist attacks faced by Hong Kong and strengthen counter-terrorism efforts; if so, of the details; if not, the reasons for that;
(2)
as it has been reported that in recent years, some people have frequently disseminated false information, incited hatred, advocated violence and spread extremism on the Internet, of the progress of the study conducted by the Government on enacting legislation to combat the dissemination of such undesirable information; whether it will, by following the laws and regulations in overseas regions, allow the Government to institute legal proceedings for defamation and criminalize defamation; if so, of the details; if not, the reasons for that; and
(3)
what specific measures, apart from stepping up efforts to combat relevant crimes, the Government has put in place to mend the social rift as well as strengthen communication and mutual trust among various sectors of society, so as to guard against the spread of extremism?
 



Question 6
(For oral reply)

(Translation)

The Government's support for emerging industries

Hon Paul TSE to ask:
The Government launched the Food Truck Pilot Scheme ("Food Truck Scheme") some four years ago, which attracted a group of small business operators to invest money and time in operating food trucks. However, a number of food truck operators have relayed that due to the excessive restrictions imposed by the Government on the operation of food trucks and the lack of support for them, they have been struggling long and hard to keep their businesses afloat, and they may eventually close down their businesses to reduce loss. Some members of the public have relayed that the Government does not understand business operation, and has been wasting time and effort on causally promoting those emerging industries whose development is unsuitable for Hong Kong. In this connection, will the Government inform this Council:
(1)
whether it has reviewed the reasons for the failure of the Food Truck Scheme and learned a lesson; if it has reviewed, of the outcome; if not, whether it will conduct such a review expeditiously and assess whether, in the event that the Scheme comes to an undesirable ending, public confidence in the Government's formulation and implementation of policies for boosting the economy will be undermined;
(2)
whether it will review the modes by which the Government supports emerging industries, as well as provide more concessions (such as tax relief and interest-free loans) for the relevant industries, cut bureaucratic procedures and remove red tape, so as to create a business-friendly environment; and
(3)
as some members of the public have criticized that the research and development project on a nasal vaccine against the Coronavirus Disease 2019 led by the University of Hong Kong has received a funding of mere $20 million from the Government, which is much less than the some $50 million deployed for the construction of the music fountains at the Kwun Tong Promenade, and this situation reflects the Government's short-sightedness and inability to proactively grasp advantageous opportunities in respect of supporting scientific research industries, whether the Government will, by making reference to the practice of the Singapore Government, set up a sovereign wealth fund to proactively invest in scientific research projects in Hong Kong and abroad with potentials and plough the huge sum of profits yielded from successful projects back to the fund, so as to allow the fund to recycle capital for investment?
 



Question 7
(For written reply)

(Translation)

Mental health services

Hon YUNG Hoi-yan to ask:
The Chief Executive announced in the 2020 Policy Address that an additional $300 million would be earmarked under the Beat Drugs Fund to provide targeted and sustained support for persons with mental health needs. The Secretary for Food and Health indicated in January this year that the Advisory Committee on Mental Health ("the Committee") was actively carrying out preparatory work. In this connection, will the Government inform this Council:
(1)
of the up-to-date number of meetings held by the Committee on the preparatory work, and the progress made;
(2)
whether the Committee has formulated the relevant support initiatives; if so, of the details of each initiative (including the name, content, service provider(s), service targets, expected number of beneficiaries, estimated expenditure and manpower involved, implementation timetable, as well as mechanisms for monitoring and evaluating effectiveness); if not, the reasons for that;
(3)
whether it has estimated the current number of people and percentage of the population in Hong Kong in need of the mental health services provided by the public healthcare system and, among them, the number of those who are being/have been provided with such services by the public healthcare system, together with a breakdown by the age group to which they belong; of the types of such services, as well as the current quotas and the number of persons waiting for them; if it has not estimated, of the reasons for that, and whether it will make the relevant estimation; and
(4)
whether it will proactively seek out persons in the community who are in need of mental health services but have not sought assistance, so as to provide them with appropriate support as early as possible; if so, of the details (including the manpower involved); if not, the reasons for that?
 



Question 8
(For written reply)

(Translation)

SME Export Marketing Fund

Hon Jimmy NG to ask:
The SME Export Marketing Fund ("EMF") provides financial support to small and medium enterprises ("SMEs") to encourage their participation in export promotion activities, thereby assisting them in expanding their markets outside Hong Kong. To support enterprises in conducting local market promotion activities and making full use of both online and offline avenues to conduct promotion activities, the Government has, since 30 April this year, expanded the funding scope of EMF to include local exhibitions and virtual exhibitions targeting the local market, and allowed applications from non-listed enterprises other than SMEs (collectively referred to as "enhancement measures"), for a period of two years. In this connection, will the Government inform this Council:
(1)
of the details of the relevant publicity efforts targeting the industrial and commercial sectors made by the authorities since the launch of the enhancement measures, and the manpower and expenditure involved;
(2)
of the respective numbers of applications (a) received and (b) approved by the authorities since the launch of the enhancement measures which (i) involved the aforesaid exhibitions and virtual exhibitions and (ii) were submitted by non-listed enterprises other than SMEs, and the average amount of funding granted per application for each type of applications;
(3)
as the authorities pointed out a few months ago that it was unlikely that exhibitions outside Hong Kong could fully resume within a short period of time, and that virtual exhibitions had become increasingly popular, whether the authorities will extend the implementation period of the enhancement measures; if so, of the details; if not, the reasons for that; and
(4)
as the funding ceiling per EMF application is currently pitched at 50% of the total approved expenditure incurred by the applicant enterprise for the relevant activity or $100,000, whichever is the less, whether the authorities will raise such funding ceiling; if so, of the details; if not, the reasons for that?
 



Question 9
(For written reply)

(Translation)

Supporting the exhibition industry

Hon YIU Si-wing to ask:
At the end of last year, the Government launched the Convention and Exhibition Industry Subsidy Scheme ("the Subsidy Scheme") to provide subsidies for organizers of exhibitions and international conventions held at the Hong Kong Convention and Exhibition Centre and AsiaWorld-Expo, as well as exhibitors of exhibitions and participants of major conferences organized by the Hong Kong Trade Development Council. In June this year, the Government extended the Subsidy Scheme for six months to 30 June next year. However, some members of the exhibition industry have pointed out that as cross-boundary travels of people have come to a halt due to quarantine measures, there is no definite time for the recovery of the exhibition industry, which has made them feel very anxious. In this connection, will the Government inform this Council:
(1)
of the number of exhibitions which were held and subsidized by the Subsidy Scheme and the total amount of subsidies involved; whether it knows the number of visits to such exhibitions, and the respective numbers of countries from which exhibitors and buyers were attracted to participate in such exhibitions (setting out such information in a table by name of exhibition);
(2)
whether it knows the number of exhibitions originally scheduled to be held at the aforesaid venues that have been cancelled or postponed due to the epidemic since January 2020, and set out the details of such exhibitions by name of exhibition;
(3)
given that the epidemic has subsided, whether the Government will, by drawing reference from its practice of exempting qualified persons in the financial services sectors from the compulsory quarantine requirements, consider relaxing the quarantine measures imposed on overseas and Mainland exhibitors coming to Hong Kong to participate in exhibition events, so that the organization of various types of exhibitions can resume promptly; if so, of the details; if not, the reasons for that; and
(4)
whether it has, by drawing reference from the practices of overseas countries, adopted measures to encourage the industry to resume organizing exhibitions, thereby paving the way for the reactivation of exhibition events; if so, of the details; if not, the reasons for that?
 



Question 10
(For written reply)

(Translation)

Estates disposition and burial for intestates

Dr Hon CHIANG Lai-wan to ask:
Regarding estates disposition and burial for intestates (especially for elderly singletons with no relatives and friends), will the Government inform this Council:
(1)
of (i) the number of cases in which the unclaimed balances of intestates' estates were paid into the account of the Government, and the total amount of money involved (with a breakdown by the gender and age of the deceased), as well as (ii) the highest and lowest amounts of money involved in such cases, in each of the past five years;
(2)
whether it will inject the money mentioned in (1) into a newly established fund for the provision of services to elderly singletons; if so, of the details; if not, the reasons for that;
(3)
of the number of unclaimed dead bodies received by the Food and Environmental Hygiene Department in each of the past five years from (i) public hospitals and (ii) the Police, with a breakdown by the gender and age of the deceased as well as the way of burial (i.e. earth burial or cremation);
(4)
of the number of burial grant applications received by the Social Welfare Department and the expenditure involved, in each of the past five years, with a breakdown by the gender and age of the deceased;
(5)
whether it knows the number of cases in which the various non-governmental organizations ("NGOs") provided burial support services for the elderly in each of the past five years;
(6)
whether it will consider amending the relevant legislation to allow NGOs providing burial support services for the deceased to apply to the Home Affairs Department for the withdrawal of money from the bank accounts of the deceased for meeting the funeral expenses; if so, of the details; if not, the reasons for that; and
(7)
of the new measures in place to (i) support NGOs in providing burial support services for the elderly and (ii) assist the elderly in making their after-death arrangements?
 



Question 11
(For written reply)

(Translation)

Promoting the development of Hong Kong

Hon Starry LEE to ask:
Apart from supporting, as in the past, Hong Kong in enhancing its status as international centres (i.e. international financial, transportation and trade centres, as well as centre for international legal and dispute resolution services in the Asia-Pacific region) in four traditional sectors, the Outline of the 14th Five-Year Plan for National Economic and Social Development of the People's Republic of China and the Long-Range Objectives Through the Year 2035 ("the 14th Five-Year Plan") has put forward for the first time the support for Hong Kong in four emerging sectors, namely supporting Hong Kong to enhance its status as an international aviation hub and develop into an international innovation and technology hub, a regional intellectual property trading centre, as well as an East-meets-West centre for cultural and art exchange. The Government has indicated that its various policy bureaux and government departments concerned will take forward relevant work in accordance with the content of the 14th Five-Year Plan in order to achieve certain results. In this connection, will the Government inform this Council:
(1)
of the respective shares in the Gross Domestic Product of the industries belonging to the aforesaid four traditional and four emerging sectors last year and in the first half of this year; whether it has set targets on the relevant shares to be attained by such industries in the coming five years; if so, of the details; if not, the reasons for that; and
(2)
given that the Financial Services Development Council has, since its establishment in 2013, published dozens of research reports and put forward a number of proposals for the purpose of spurring the development of Hong Kong's financial industry (including development in areas such as wealth management and cross-boundary financial connectivity between Hong Kong and the Mainland) (with most of the proposals having already been implemented by the Financial Services and the Treasury Bureau), whether the Government will, by drawing reference from the aforesaid model, and for the purpose of promoting the sustained development of the industries in the three remaining traditional sectors and four emerging sectors as well as taking forward the aforesaid work related to the 14th Five-Year Plan, set up for each of the sectors concerned a professional structure dedicated to carrying out relevant research studies and putting forward proposals for reference of the relevant policy bureaux in formulating follow-up measures; if so, of the details; if not, the reasons for that?
 



Question 12
(For written reply)

(Translation)

Shortage and overcrowding of berthing spaces at typhoon shelters

Hon Frankie YICK to ask:
In June 2017, the Government published a draft Report on the "Assessment of Typhoon Shelter Space Requirements - 2015 to 2030" ("the draft Report") and the findings of a Review on Berthing and Sheltered Space for Local Vessels in Hong Kong ("the Review's findings"). Recently, some vessel operators have relayed that this year's typhoon season is drawing near, but there is a shortage of berthing spaces at typhoon shelters. They are therefore worried about the difficulty in finding sheltered spaces during inclement weather, which will threaten their life safety. On the other hand, there are views that the overcrowding of berthing spaces at typhoon shelters has led to the occurrence, from time to time in recent years, of fires engulfing a number of vessels. In this connection, will the Government inform this Council:
(1)
whether the Marine Department ("MD") has assessed (i) the discrepancies, since June 2017, between the respective supply of and demand for sheltered spaces for Classes I to IV vessels and those estimated figures set out in the draft Report, and (ii) if, based on the current trend of growth in the number of vessels, the number of sheltered spaces in Hong Kong is sufficient for meeting the demand up to 2030; as MD indicated in February this year that it was conducting a new round of assessment of sheltered space requirements, of the relevant progress;
(2)
as the Review's findings have indicated that the reasons for the low occupancy rates of Hei Ling Chau Typhoon Shelter and Yim Tin Tsai Typhoon Shelter, which are remotely located, include the lack of feeder transport and ancillary facilities (e.g. facilities for waste disposal as well as fuel and water supply), of the progress made by MD in implementing the relevant enhancement measures and the effectiveness of such measures;
(3)
apart from the measures mentioned in (2), of the progress made by MD in implementing other enhancement measures set out in the Review's findings and the effectiveness of such measures;
(4)
given that whenever typhoons hit Hong Kong, ferry services will continue for a period of time to facilitate residents of the outlying islands to return home by ferry, and by the time the ferries sail, after service suspension, to nearby typhoon shelters for berthing, the berthing spaces are often all occupied, whether MD will designate berthing spaces for ferries and other work boats at typhoon shelters to ensure that berthing spaces are available for use by such vessels during typhoons; if so, of the details; if not, the reasons for that; and
(5)
of the measures in place to resolve the problem of overcrowding of berthing spaces at typhoon shelters, with a view to reducing the occurrence of fires engulfing a number of vessels?
 



Question 13
(For written reply)

(Translation)

Preventing the epidemic from spreading via imported food products

Dr Hon Priscilla LEUNG to ask:
Last month, three members of a family were confirmed one after another to have contracted the Coronavirus Disease 2019 ("COVID-19") with N501Y mutant strain. Among the three environmental samples collected by the Centre for Health Protection of the Department of Health from the frozen compartment of a refrigerator at the patients' home, one sample collected from the packaging of frozen crocodile spare ribs imported from Thailand has been tested positive for the COVID-19 virus. The samples of the relevant products collected subsequently by the Centre for Food Safety ("CFS") of the Food and Environmental Hygiene Department from the storage points/warehouses and shops of the food trader concerned have been tested negative for the virus. CFS concluded that the sample in question was more likely to have been contaminated at the patients' home. However, some members of the public are still worried about contracting COVID-19 upon coming into contact with the packaging of imported food products. In this connection, will the Government inform this Council:
(1)
of the number of samples collected from imported food products and their packaging by CFS for COVID-19 virus tests since the outbreak of the COVID-19 epidemic and, among such samples, the number of those tested positive for the virus, with a breakdown by the type of food products from which the samples were collected;
(2)
apart from stepping up the testing of imported frozen food products and their packaging, what new measures the Government has put in place to prevent COVID-19 from spreading via imported food products; and
(3)
what new measures the Government has put in place to prevent those workers who need to come into contact with imported food products in their daily work from contracting COVID-19?
 



Question 14
(For written reply)

(Translation)

The latest developments in the international tax landscape

Hon Holden CHOW to ask:
To address the risks of base erosion and profit shifting ("BEPS") arising from the digitalization of economy, the Organisation for Economic Co-operation and Development ("OECD") and the Group of Twenty ("G20") have, over the past few years, been discussing with various tax jurisdictions, and drawn up BEPS 2.0 proposals which include implementing a global minimum tax rate targeted mainly at large multinational enterprises. On the other hand, member nations of the Group of Seven ("G7") reached a consensus early last month on a proposal to set the global minimum tax rate at 15%. This proposal will be implemented upon endorsement by G20 and the 139 nations under the aegis of OECD. By then, Hong Kong, which has been implementing a low and simple tax regime, has to implement the BEPS 2.0 proposals according to international consensus. In respect of the latest developments in the international tax landscape, will the Government inform this Council:
(1)
whether it has assessed the impacts that will be brought by the implementation of the global minimum tax rate on Hong Kong's small and medium enterprises ("SMEs") whose annual profits are less than $2 million (the profits tax rate applicable to such enterprises being lower than 15% at present); whether it has plans to offer at that time subsidies or other support to the affected SMEs;
(2)
given that the Government formed an Advisory Panel on BEPS 2.0 in June last year to review the possible impacts of the BEPS 2.0 proposals on the competitiveness of Hong Kong's business environment and to give advice to the Financial Secretary, of the latest work progress of the Advisory Panel (including its views on the aforesaid proposal by G7); and
(3)
given that the Government of the United Kingdom has reportedly been striving fervently for an exemption from the global minimum tax rate for London, and that the Government of Switzerland is planning to introduce tax concessions to cope with the BEPS 2.0 proposals, whether the Government has assessed if the implementation of the relevant exemption and tax concession measures is viable in Hong Kong; if it has, of the details?
 



Question 15
(For written reply)

(Translation)

Tax-exempt charities

Hon CHAN Hak-kan to ask:
Under section 88 of the Inland Revenue Ordinance (Cap. 112), if a charitable institution or charitable trust of a public character fulfills certain requirements (including that the profits derived from the trade or business carried on by it are applied solely for charitable purposes, and such profits are not expended substantially outside Hong Kong), it may be exempt from profits tax ("tax-exempt charity"). It has been reported that a tax-exempt charity made, through a trust that is not a tax-exempt charity, large donations to a number of overseas organizations in early 2019. In this connection, will the Government inform this Council:
(1)
of the respective current numbers of charitable institutions and charitable trusts which are tax-exempt charities;
(2)
of the following information in each of the past three years and since January this year:
(a)
the respective numbers of applications made by (i) charitable institutions and (ii) charitable trusts for being recognized as having tax exemption status that were received, approved and rejected by the Inland Revenue Department ("IRD");
(b)
the respective numbers of tax-exempt charities whose tax exemption status was (i) reviewed and (ii) withdrawn by IRD (with a breakdown by reason for withdrawal); and
(c)
the number of reported cases similar to the aforesaid case that were received, and the number of such cases in respect of which follow-up actions were taken, by IRD; the respective shortest, longest and average processing time for the concluded cases; and
(3)
whether it will step up efforts to check tax-exempt charities to deter tax-exempt charities from using tax-exempt profits (including charitable donations) for non-charitable purposes (such as transferring them for personal gains); if so, of the details; if not, the reasons for that?
 



Question 16
(For written reply)

(Translation)

Title for the topmost leader of the Taiwan region

Hon LUK Chung-hung to ask:
According to the Charter of Radio Television Hong Kong ("the Charter"), Radio Television Hong Kong ("RTHK") is to "promote understanding of our community, our nation and the world through accurate and impartial news, information, perspectives and analyses". Under the "One-China" principle, Taiwan is an inalienable part of Chinese territory. However, RTHK's news reports have referred to the topmost leader of the Taiwan region as "President", which is the title of the head of state of most countries in the world. In this connection, will the Government inform this Council whether it has assessed if the aforesaid reporting practice of RTHK has (i) breached the "One-China" principle, (ii) caused public misunderstanding that the topmost leader of the Taiwan region is the head of state, and (iii) deviated from the aforesaid requirement of the Charter; if it has assessed and the outcome is in the affirmative, whether it will request RTHK to immediately stop referring to the topmost leader of the Taiwan region as "President" in its news reports; if it has not assessed, whether it will make such an assessment?
 



Question 17
(For written reply)

(Translation)

Private Recreational Leases

Hon Tony TSE to ask:
In February 2019, the Government published the public consultation outcome on the review of the policy on Private Recreational Leases ("PRLs"), and indicated that it would handle those PRLs which had expired or would soon expire according to the recommendations of the policy review. Some members of the public have relayed that some sports clubs holding PRLs are suspected of subletting their facilities to commercial organizations for making profits, or operating in a way that has deviated from the original purposes for which they were granted the sites. In this connection, will the Government inform this Council:
(1)
of the latest progress of the Government's efforts in implementing the recommendations of the policy review (including whether such recommendations have been implemented as scheduled), and whether it has reviewed the effectiveness of the related measures;
(2)
given that the lessees of PRLs granted before 2011 are not required to comply with the requirement of opening up facilities for use by eligible outside bodies, of the measures in place to encourage such lessees to increase the extent of opening up their facilities;
(3)
of the number of complaints about lessees breaching PRLs (including breaching the requirement of opening up facilities) received by the Government in the past three years, as well as the number of cases found to be substantiated and the penalties imposed on the lessees (if any); the measures in place to ensure that lessees' operations will not deviate from the original purposes for which they were granted the sites;
(4)
of the details of the proactive inspections conducted in the past three years by government departments on whether the lessees had breached PRLs, and the outcome of such inspections;
(5)
in respect of those lessees who have seriously and repeatedly breached their PRLs, whether the Government will consider terminating their PRLs prematurely and resuming the sites concerned; and
(6)
given that the Filipino Club was granted in 2011 by the Government the renewal of the PRL of a site located in the prime location of Jordan to until 2026, but it has been reported that the lessee is no longer living up to its name as it has long been dominated by Hong Kong people, and that the lessee has allegedly sublet the facilities of the site to other people for operating restaurants in breach of the PRL, of the outcome of the investigation conducted and follow-up actions taken by the Lands Department on the relevant complaints (including whether penalties have been imposed)?
 



Question 18
(For written reply)

(Translation)

"iAM Smart" mobile application

Ir Dr Hon LO Wai-kwok to ask:
In December last year, the Government launched "iAM Smart", which is a one-stop personalized digital services platform. Members of the public can use various online services after logging in, with a single digital identity, to the iAM Smart mobile application on their mobile phones. However, quite a number of them have relayed that the registration procedure of the application is cumbersome, and that most of the functions provided by the application do no more than connecting to the websites of the relevant Government departments. It has been reported that the number of downloads registered by the application in the first six months after its launch represents just 6% of the Hong Kong population. In this connection, will the Government inform this Council:
(1)
whether it will allocate additional resources for consolidating and enhancing the various online services provided through iAM Smart, thereby achieving the objective of bringing genuine convenience to members of the public; if so, of the details; if not, the reasons for that;
(2)
whether it will study the establishment of an electronic payment channel in which the authentication of identity can be made through iAM Smart, so as to facilitate the speedy disbursements of various types of cash allowances and consumption vouchers to members of the public; if so, of the details; if not, the reasons for that; and
(3)
whether it will discuss with the Governments of the Guangdong Province and Macao allowing those Hong Kong people who are receiving education, working and living in the Mainland cities of the Guangdong-Hong Kong-Macao Greater Bay Area to carry out operations such as authentication of identity and digital signing through iAM Smart when using online services; if so, of the details; if not, the reasons for that?
 



Question 19
(For written reply)

(Translation)

Vetting and approval of applications for registration
of pharmaceutical products

Hon SHIU Ka-fai to ask:
Under the Pharmacy and Poisons Ordinance (Cap. 138) and the relevant regulations, pharmaceutical products must meet the standards of safety, efficacy and quality and be registered with the Pharmacy and Poisons Board ("the Board") before they may be sold or distributed in Hong Kong. The Board currently adopts a "secondary review" approach in vetting and approval of applications for registration of pharmaceutical products containing new chemicals or biological entities (collectively referred to as "new drugs"). Applicants are required to submit to the Board documentary proofs of registration of the new drugs and certificates of free sale issued by the drug regulatory authorities of at least two recognized countries (consisting of a total of 32 countries including Australia, Canada, European Union ("EU") member states, Japan, Switzerland and the United States ("US")), as well as other relevant documents. In this connection, will the Government inform this Council:
(1)
of the respective justifications for the Board to adopt the secondary review approach in vetting and approval of applications for new drug registration and to specify the aforesaid 32 countries as recognized countries; whether it has reviewed if such arrangements are in line with the present circumstances; if so, of the details; if not, the reasons for that;
(2)
whether the secondary review approach is applicable to applications for registration of drugs containing only new combinations, dosage strengths or forms of registered pharmaceutical ingredients;
(3)
whether the Board will consider accepting, apart from the documentary proofs issued by the drug regulatory authorities of the 32 recognized countries, certificates of assessment issued by the drug regulatory authorities/qualified scientific research institutes or universities in Hong Kong and on the Mainland; if so, of the details; if not, the reasons for that;
(4)
whether the existing legislation on new drug registration requires that the registration of a new drug will be approved only if the manufacturer of the new drug owns the relevant drug patents; if so, of the reasons for that; if not, whether the ownership or non-ownership of the relevant drug patent by the manufacturer of a new drug has any impact on the registration of the new drug; if so, of the details; and
(5)
as some members of the pharmaceutical trade have relayed that EU and countries such as US and Japan have long implemented a "drug marketing authorization holder" system (and so has China since the middle of last year) to separately process applications for marketing authorization and manufacturing authorization for drugs, so that research and development institutions and natural persons who do not have the corresponding production qualification will be able to produce drugs and obtain drug marketing authorization through the approach of cooperation or entrustment, so as to encourage them to actively conduct researches and develop drugs, whether the Government will consider introducing a similar system; if so, of the details; if not, the reasons for that?
 



Question 20
(For written reply)

(Translation)

Statistics on persons on remand pending trial

Dr Hon Pierre CHAN to ask:
It was mentioned in the 2020 Annual Review of the Correctional Services Department released earlier on that the average daily number of persons on remand pending trial last year had hit a decade high. In this connection, will the Government inform this Council:
(1)
of the number of persons on remand pending trial in each of the past three years;
(2)
of the average and maximum durations for which defendants were on remand pending trial in each of the past three years; if such figures are unavailable, whether it will compile the statistics;
(3)
of a breakdown of the number of persons on remand pending trial in each of the past three years by (a) the type of charges laid and (b) the group, among those set out below, to which the remand duration belonged (set out in a table):
(i)
less than 1 month,
(ii)
1 month to less than 3 months,
(iii)
3 months to less than 6 months,
(iv)
6 months to less than 12 months,
(v)
1 year to less than 2 years,
(vi)
2 years to less than 3 years, and
(vii)
3 years or more; and
(4)
of the reasons for defendants being remanded pending trial for more than one year (if any)?
 



Question 21
(For written reply)

(Translation)

The fifth generation mobile communications services

Hon CHAN Hak-kan to ask:
Regarding the fifth generation ("5G") mobile communications services, will the Government inform this Council:
(1)
whether it knows the current coverage of 5G mobile networks and average network speed, with a breakdown by District Council district, MTR station and village on the List of Recognized Villages;
(2)
of the respective up-to-date numbers of applications for the use of 5G radio base stations ("RBSs") received and approved; in respect of the approved applications, the number and percentage of those involving government premises, and the average processing time for each application;
(3)
of the respective up-to-date numbers of applications received and approved under the "Subsidy Scheme for Encouraging Early Deployment of 5G"; the average (i) amount of subsidy granted and (ii) processing time, for each approved application;
(4)
as the Government indicated in November last year that it was proactively discussing with two satellite operators the relocation of their satellite earth stations in Tai Po to enable mobile network operators ("MNOs") to make extensive use of all 5G frequency bands (including the 3.5 GHz band) in Hong Kong for provision of services, of the progress of the relocation plan; when the relocation plan is expected to be completed, and whether it has formulated a contingency plan to cater for the situation that the relocation plan has been delayed; if so, of the details; if not, the reasons for that;
(5)
as the Government has indicated that before the completion of the relocation plan mentioned in (4), the various MNOs may take the following transitional measures: (i) making use of other 5G frequency bands (e.g. 4.9 GHz band) or (ii) re-farming existing spectrum (e.g. 2.1 GHz band) to provide 5G services in the 3.5 GHz band restriction zone in Tai Po, whether the Government knows what transitional measures that the various MNOs have taken;
(6)
as the Government indicated in November last year that it would streamline the procedure for vetting and approval of applications for installation of RBSs on the exterior walls or in the indoor areas of government buildings, of the progress of the relevant arrangements; whether it has compared the number of applications received and the efficiency of processing applications after streamlining the vetting and approval procedure with those before; whether it has plans to introduce measures to further facilitate MNOs in installing RBSs in government buildings; if so, of the details; if not, the reasons for that; and
(7)
given that in order to enable the co-existence of Satellite Master Antenna Television ("SMATV") systems with 5G systems, the Government has earlier on launched a one-year "Subsidy Scheme for Supporting Upgrading Satellite Master Antenna Television Systems" to offer subsidies to some 1 600 eligible SMATV systems in Hong Kong for implementing technical upgrades, so that the public can continue to enjoy high-quality satellite television services, of the number of applications received by the Government, and the progress of processing such applications; whether it has assessed if those SMATV systems which has not implemented technical upgrades will interfere with the reception of 5G systems; if it has assessed and the outcome is in the affirmative, whether there are corresponding measures; if there are no corresponding measures, of the reasons for that?
 



Question 22
(For written reply)

(Translation)

Hong Kong's global competitiveness in innovation and technology

Hon Mrs Regina IP to ask:
Regarding Hong Kong's global competitiveness in innovation and technology, will the Government inform this Council:
(1)
given that Hong Kong ranked fifth in the "World Digital Competitiveness Ranking" for 2020, and such a ranking was lower than that of Singapore which took the second place, and that Hong Kong ranked the seventh, 17th and 19th respectively in the three sub-factors of "Talent", "Scientific concentration" and "IT integration", and such rankings were far lower than those of Singapore (i.e. the first, 10th and third), whether the Government has reviewed the factors leading to Hong Kong's rankings being lower than those of Singapore;
(2)
given that Hong Kong ranked 11th in the "Global Innovation Index" for 2020, and such a ranking was lower than that of Singapore which took the eighth place, and that Hong Kong ranked 23rd, 24th and 54th respectively in the three pillars of "Human capital and research", "Business sophistication" and "Knowledge and technology outputs", and such rankings were far lower than those of Singapore (i.e. the eighth, sixth and 14th), whether the Government has reviewed the factors leading to Hong Kong's rankings being lower than those of Singapore; and
(3)
whether, targeting Hong Kong's weaknesses as reflected by the aforesaid rankings, it has formulated new measures to boost Hong Kong's global competitiveness in innovation and technology; if so, of the specific measures and the additional resources needed to be allocated; if not, the reasons for that?