Revised version

OP 95/96-18(1) (Issued at 11.00 a.m. on 5.2.96)

THE LEGISLATIVE COUNCIL
ORDER PAPER

Wednesday, 7 February 1996 at 2.30 p.m.

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I. PAPERS

Subsidiary Legislation
Sessional Papers 1995/96

II. QUESTIONS
III. BILLS

FIRST READING
SECOND READING

• Debates to be adjourned
IV. MEMBER'S MOTIONS

1. INTERPRETATION AND GENERAL CLAUSES ORDINANCE
2. MAINTAINING HONG KONG’S COMPETITIVENESS AS A LEADING INTERNATIONAL FINANCIAL CENTRE
3. SALE OF FLATS TO SITTING TENANTS SCHEME

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I. PAPERS

Sessional Papers 1995/96

The Secretary for Recreation and Culture to present :

1. No. 54 - The Lord Wilson Heritage Trust

Annual Report 1994-1995

Mr. Eric LI to present and to address the Council on :

2. No. 55 - Report of the Public Accounts Committee on the Reports of the Director of Audit on the Accounts of the Hong Kong Government for the year ended 31 March 1995 and the Results of Value for Money Audits (January 1996 - P.A.C. Report No.25)

The Secretary for Health and Welfare to present :

3. No. 56 - Hong Kong Council on Smoking and Health

Annual Report 1994-95

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II. QUESTIONS

1. Mr. NGAN Kam-chuen to ask (Translation)

Regarding the effectiveness of the methadone treatment programme and the operation of methadone treatment centres, will the Government inform this Council:

1. whether methadone treatment can help drug addicts to abstain from drugs;
2. whether it will review the effectiveness of the methadone treatment programme and its future development;
3. whether it will review the methadone taking procedure and the security measures in methadone treatment centres, and whether it will consider increasing the number of staff on duty so as to prevent drug addicts who receive treatment in these centres from smuggling methadone out of the centres; and
4. whether consideration has been given to eliminating the nuisance caused to nearby residents by the patients of methadone treatment centres?

Public Officer to reply : Secretary for Security

2. Dr. Samuel WONG to ask :

In regard to the Electronic Road Pricing Feasibility Study being carried out by the Transport Department, will the Government inform this Council:

1. of the present progress of the study and its expected completion date;
2. whether the existing establishment of professional staff in the Transport Department is adequate to handle the extra workload arising from the study;
3. if the answer to (b) is in the negative, whether additional staff have been or will be recruited; if so, what are the details; and
4. whether a forecast has been made of the additional manpower resources required for implementing the recommendations of the study; if so, what are the details?

Public Officer to reply : Secretary for Transport

3. Mr. MOK Ying-fan to ask : (Translation)

With regard to the enrolment of Traditional Chinese Medicine (TCM) practitioners which closed on 21 January this year, will the Government inform this Council:

1. of the total number of people who have applied for enrolment;
2. of the number of applications which have been returned to applicants to date and the major reasons for returning the applications;
3. whether there is any mechanism to enable the applicants referred to in (b) to make appeals after their applications have been returned; and
4. what follow-up action will be taken by the Government after the enrolment process has been completed?

Public Officer to reply : Secretary for Health and Welfare

4. Dr. CHEUNG Bing-leung to ask : (Translation)

It is reported that the Inland Revenue Department has written to a university students' union requesting the students' union concerned to amend a clause in its constitution concerning its political objective, and to stop engaging in activities of a political nature, so that it can still be regarded as a charitable institution within the meaning of section 88 of the Inland Revenue Ordinance. In this regard, will the Government inform this Council:

1. how many student organisations of the tertiary institutions are presently regarded as charitable institutions within the meaning of section 88 of the Inland Revenue Ordinance and thus exempt from tax;
2. what specific criteria are adopted for determining whether a student organisation could be regarded as a charitable institution within the meaning of section 88 of the Inland Revenue Ordinance; and
3. how the Government determines whether the activities organised by such student organisations for the promotion of civic education and awareness of current affairs and social issues are in contravention of the criteria referred to in (b) above?

Public Officer to reply : Secretary for the Treasury

5. Mr. CHAN Wing-chan to ask : (Translation)

Recently, a number of traffic accidents involving trams have cast doubts about the reliability of trams of the Hong Kong Tramways Limited (HK Tramways) and the quality of its tram drivers. It is learnt that the HK Tramways provides training for their drivers and conduct tests on their driving skill, ability to handle emergencies and knowledge of traffic rules. In this connection, will the Government inform this Council:

1. whether the Government will consider introducing legislation requiring newly recruited tram drivers to be tested by the Transport Department on their driving skill so as to ensure that they are capable of handling emergencies, thereby protecting the safety of passengers and pedestrians; and
2. how does the Electrical and Mechanical Services Department operate the monitoring system for the inspection and maintenance of trams, and whether consideration will be given to introducing a spot-check system for the HK Tramways similar to the one being applied to the three franchised bus companies?

Public Officer to reply : Secretary for Transport

6. Mr. CHAN Kam-lam to ask : (Translation)

Will the Government inform this Council:

1. of the number of patients and health care personnel who have become infected with pathogenic bacteria in public hospitals, Government clinics and private hospitals respectively in the past three years; and through what channels have they become so infected;
2. whether any patients have died of complications resulting from pathogen infection in the past three years;
3. whether the Government has drawn up any procedures governing the cleansing and sterilising of medical equipment frequently used by patients such as oxygen masks and ureters;
4. whether other measures will be adopted to reduce the chance of patients and health care personnel becoming infected with pathogenic bacteria; and
5. whether, in regard to hospitals and clinics which are situated in the neighbourhood of residential areas, the Government has adopted measures to prevent pathogenic bacteria spreading in the air so as to ensure that the health of the residents nearby will not be affected?

Public Officer to reply : Secretary for Health and Welfare

* 7. Mr. CHEUNG Hon-chung to ask : (Translation)

It is learnt that the river training project in the North District will involve the resumption of approximately 10,000 private lots, and that there is a lack of sufficient manpower resources in the District Lands Offices, North to handle the resumption work. In this regard, will the Government inform this Council of the following:

1. whether Government will provide more manpower to the District Lands Office to handle the land resumption work mentioned above; if so, how many additional posts will be created; and
2. if the answer to (a) is in the negative, whether the existing manpower resources in the District Lands Office will be re-deployed to undertake the resumption work; if so, whether such a deployment will affect the normal work of the District Lands Office?

Public Officer to reply : Secretary for Planning, Environment and Lands

* 8. Mr. Andrew CHENG to ask : (Translation)

It was reported that the defendant of a case heard in the Wanchai District Court sometime ago left the court building by using the elevator reserved for the exclusive use of judges and court staff in order to circumvent interviews and photo-taking by the press. In this connection, will the Government inform this Council of the following:

1. whether there are any regulations prohibiting members of the public from using such elevators; if so, what the details are, and how the defendant mentioned above was able to use the elevator in question;
2. what follow-up action will be taken by the Government to prevent the recurrence of similar incidents; and
3. if the answer to (a) is in the negative, whether it will consider formulating regulations to prohibit the public from using such elevators; and if so, when will such regulations be implemented?

Public Officer to reply : Chief Secretary

* 9. Mrs. Elizabeth WONG to ask :

Will the Government inform this Council what is the policy on the development of ambulance service in the territory?

Public Officer to reply : Secretary for Security

*10. Mr. IP Kwok-him to ask : (Translation)

It is reported that the maintenance works to the slope at Smithfield Terrace in Kennedy Town have been delayed due to a dispute over the question of who is responsible for the maintenance of the slope. This has led to the issuance of a Repairs Order by the Buildings Department, and the banks have refused to offer mortgage loans for flats of this building and this has affected the interests of the flat owners. In this connection, will the Government inform this Council:

1. of the present number of flats in private buildings which are in a similar situation, as well as the geographical distribution of these buildings; and
2. whether it will consider adopting measures requiring property developers to complete slope remedial works within a specified time after the receipt of a Repairs Order, so as to minimise the inconvenience caused to property owners?

Public Officer to reply : Secretary for Planning, Environment and Lands

*11. Mrs. Selina CHOW to ask :

In regard to the recent trend of criminals using paper cutters to commit crimes, will the Government inform this Council of the following:

1. whether any measures will be taken to combat this problem; and
2. whether there is any loophole in the law which could be plugged in order to prevent such crimes?

Public Officer to reply : Secretary for Security

*12. Dr. HUANG Chen-ya to ask : (Translation)

It is learnt that the fiscal reserves of the Government are deposited with the Exchange Fund and banks to earn interest. In this connection, will the Government inform this Council:

1. of the amount of fiscal reserves deposited with the Exchange Fund, the amount of interest earned and the rate of return in each of the past three financial years, as well as the basis and justifications for determining the rate of return; and
2. if the rate of return of fiscal reserves deposited with the Exchange Fund given in the answer to (a) is different from the rate of return of the Exchange Fund itself in the corresponding periods, what are the reasons for the differences?

Public Officer to reply : Secretary for Financial Services

*13 Mr. Fred LI to ask : (Translation)

It is learnt that during the period from 1992 to 1993, the losses suffered by the Post Office as a result of embezzlement or theft amounted to some $400,000. In this connection, will the Government inform this Council of the following:

1. how the Post Office deals with losses arising from embezzlement or theft since it has started to operate on a trading fund basis in August last year;
2. whether consumers will be required to bear the losses referred to in (a) above; and
3. what measures the Government will adopt to prevent theft in the Post Office?

Public Officer to reply : Secretary for Economic Services

*14. Dr. John TSE to ask : (Translation)

Regarding the education of "gifted" children, will the Government inform this Council:

1. whether the Government has any knowledge of the number of gifted children in other countries; and if so, how do these figures compare with that in the territory; if there are significant differences, whether the Government is aware of the reasons;
2. what resources and facilities have been provided by the Government in the identification and assessment of gifted children, whether there are sufficient professional staff to undertake this task, what problems have been encountered and what long-term strategies have been adopted by the Government for making improvements;
3. whether the Government has provided pre-service and on-the-job training to teachers in the education of gifted children; if so, how many serving teachers have received such training;
4. what kind of curricula and supplementary resources have been provided by the Government for gifted children; and
5. whether the Government has any plan to conduct an overall review on the effectiveness of the education currently provided for gifted students, what difficulties have been encountered in the implementation of the existing plan for the education of gifted children, and whether the Government has any long-term strategy for making improvements?

Public Officer to reply : Secretary for Education and Manpower

*15. Miss Emily LAU to ask : (Translation)

It is reported that the British Parliament has passed a resolution prohibiting Members of Parliament (MPs) who have paid visits to foreign countries at the sponsorship of their governments from speaking in the Parliament on matters concerning those countries. In this connection, will the Government inform this Council:

1. whether it has any information about the content of the resolution; if so, what are the details;
2. whether it will assess the impact of the resolution on the territory and review the current practice of sponsoring MPs' visits to the territory; and
3. of the total number of MPs who have visited the territory in the past three years at the invitation of the Hong Kong Government and the total expenditure incurred on such sponsored visits?

Public Officer to reply : Secretary for Home Affairs

*16. Mr. WONG Wai-yin to ask : (Translation)

Regarding the staffing situation in the Social Welfare Department's family service centres, will the Government inform this Council:

1. of the population and its annual growth rate in each of the districts covered by the respective District Social Welfare Office in each of the past three years, as well as the staffing situation and the number of cases handled in the family service centres in each District Social Welfare Office in the corresponding periods;
2. of the number of cases each caseworker is required to handle according to the approved manning ratio, and the average number of cases handled by each caseworker at present;
3. of the number of District Social Welfare Offices where the average number of cases handled by each caseworker has exceeded the ratio mentioned in (b) above;
4. whether the Government has assessed if an excessive workload will affect the quality of the service of caseworkers; and
5. whether the Government will consider providing more manpower in order to reduce the workload of caseworkers; if so, when will this be put into effect and how the Government will determine the criteria for providing more manpower; if not, why not?

Public Officer to reply : Secretary for Health and Welfare

*17. Mr. MOK Ying-fan to ask : (Translation)

It is reported that the Planning, Environment and Lands Branch intends to change the land use of the Central Market site and then put the site up for sale by auction. In this connection, will the Government inform this Council:

1. whether it will consult the Urban Council, the Town Planning Board, relevant local bodies and the public before making a decision on the matter; and
2. of the specific plan and the timetable for the auction?

Public Officer to reply : Secretary for Planning, Environment and Lands

*18. Mr. CHEUNG Hon-chung to ask : (Translation)

In view of the noise nuisance problem caused to residents in Choi Yuen Estate as a result of the opening of the border for 24-hour traffic, will the Government inform this Council:

1. of any short-term and long-term measures to tackle the noise nuisance problem mentioned above; and
2. whether it will, in the planning of any new project, take into consideration any noise nuisance problem which may arise and draw up comprehensive preventive measures before the implementation of the project?

Public Officer to reply : Secretary for Planning, Environment and Lands

*19. Mrs. Elizabeth WONG to ask :

Will the Government inform this Council whether mental patients have the same rights as any other patients under the Patients' Charter; if so, what are these rights; if not, why not?

Public Officer to reply : Secretary for Health and Welfare

*20. Mr. IP Kwok-him to ask : (Translation)

Will the Government inform this Council:

1. whether gambling among prisoners is widespread in prisons; if so, what forms of gambling prisoners indulge in and whether such gambling activities have created any difficulties for the Correctional Services Department (CSD) in managing the prisons; and
2. what measures the CSD is planning to take to curb gambling activities in prisons?

Public Officer to reply : Secretary for Security

* For written reply.

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III. BILLS

FIRST READING

1. Coroners Bill
2. Immigration Service (Amendment) Bill 1996

SECOND READING

Debates to be adjourned

1. Attorney General : Coroners Bill

2. Secretary for Security : Immigration Service (Amendment) Bill 1996

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IV. MEMBER'S MOTIONS

1. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mrs. Selina CHOW :

(See Resolution at Annex)

2. MAINTAINING HONG KONG’S COMPETITIVENESS AS A LEADING INTERNATIONAL FINANCIAL CENTRE

Mr. Paul CHENG :

That, as Hong Kong’s future prosperity depends to a great degree on maintaining the territory’s competitiveness as a leading international financial centre and despite the Government’s efforts to date, including the draft Strategy Paper prepared on this issue last year by the Monetary Authority, progress in producing a blueprint for the future has been slow, this Council urges the Government to formulate, in consultation with the industry and the public, a comprehensive plan of action and speed up the implementation of short-term and long-term initiatives focusing on :

1. promoting Hong Kong’s strengths as an international financial centre;
2. improving the financial infrastructure in terms of the operating systems, training and development, and access to our financial markets;
3. formulating the necessary regulatory framework and legal requirements to ensure that the financial market forces operate fairly and efficiently, thus improving the protection of investors; and
4. providing tax and other appropriate incentives to continue to attract key financial services;

to ensure that Hong Kong’s position as a leading international financial centre can be further enhanced not only in the remaining years of the nineties but in the next millennium.

Amendment to Mr. Paul CHENG's motion

Miss Christine LOH :

To delete "including the draft Strategy Paper prepared on this issue last year by the Monetary Authority, progress in producing a blueprint for the future has been slow, this Council urges the Government to formulate, in consultation with the industry and the public, a comprehensive plan of action and speed up the implementation of short-term and long-term initiatives focusing" and substitute with "the Government could do more to provide an even better environment in order to support the private sector in developing financial services; and that it should focus"; to delete "improving the financial infrastructure in terms of the operating systems, training and development, and access to our financial markets;" and subsitute with "ensuring that the necessary conditions, including world-class infrastructure, open access and a highly skilled workforce, are in place; and"; and to delete "and; iv. providing tax and other appropriate incentives to continue to attract key financial services;".

Public Officer to attend : Secretary for Financial Services

3. SALE OF FLATS TO SITTING TENANTS SCHEME

Mr. Edward HO : (Translation)

That, in order to solve the housing problem of the public and achieve the aim of real ‘full home ownership’, this Council urges the Government to proceed with the sale of public housing rental units to sitting tenants as soon as possible, and to use the sales proceeds thus derived to expedite the production of new public housing units and the redevelopment of old public housing estates.

Amendments to Mr. Edward HO 's motion

1. Miss CHAN Yuen-han : (Translation)

To delete "and achieve the aim of real ‘full home ownership’" and substitute with "the Government’s public housing policy should focus on public rental housing and be supplemented by the Home Ownership Scheme;"; to delete "proceed with the sale of public housing rental units to" and substitute with "devise a new scheme under which public housing units are sold at replacement cost so as to attract"; and to delete "as soon as possible" and substitute with "to purchase their housing units".

2. Mr. K.K. FUNG : (Translation)

To add "suitable" after "proceed with the sale of"; and to insert "at replacement cost" before "as soon as possible".

Public Officer to attend : Secretary for Housing

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