OP 95/96-36(1) (Issued at 11.00 a.m. on 8.7.96)

THE LEGISLATIVE COUNCIL
ORDER PAPER

Wednesday, 10 July 1996 at 2.30 p.m.

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I. PAPERS

Sessional Papers 1995/96

II. QUESTIONS
III. BILLS

FIRST READING
SECOND READING

• Debates to be adjourned
• Debates to be resumed
COMMITTEE STAGE AND THIRD READING

IV. MEMBER'S MOTIONS

1. HONG KONG ROYAL INSTRUCTIONS 1917 TO 1993 (NOS. 1 AND 2)
2. INTERPRETATION AND GENERAL CLAUSES ORDINANCE
3. INTERPRETATION AND GENERAL CLAUSES ORDINANCE
4. REVIEW OF SEWAGE SERVICES TRADING FUND
5. STATIONING OF CHINESE ARMED FORCES IN HONG KONG AFTER 1997

• Amendment to Dr. CHEUNG Bing-leung's motion
V. MEMBER'S BILLS

FIRST READING
SECOND READING

• Debates to be adjourned
• Debate to be resumed
COMMITTEE STAGE AND THIRD READING

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I. PAPERS

Sessional Papers 1995/96

1. No. 106 - Statement of Accounts for the Customs and Excise Service Welfare Fund for the year 1995-96

(to be presented by the Secretary for Trade and Industry)

2. No. 107 - Lingnan College President's Report 1994-95 with Lingnan College Financial Report for the year ended 30 June 1995

(to be presented by the Secretary for Education and Manpower)

3. No. 108 - Hong Kong Trade Development Council

Annual Report 1995/1996

(to be presented by the Secretary for Trade and Industry)

4. No. 109 - Sir Robert Black Trust Fund

Annual Report for the year 1 April 1995 to 31 March 1996

(to be presented by the Secretary for Home Affairs)

5. No. 110 - Sir David Trench Fund for Recreation Trustee's Report 1995-96

(to be presented by the Secretary for Broadcasting, Culture and Sport)

6. No. 111 - Hong Kong Sports Development Board

Annual Report 1995-1996

(to be presented by the Secretary for Broadcasting, Culture and Sport)

7. No. 112 - Report of the Public Accounts Committee on Report No.26 of the Director of Audit on the Results of Value for Money Audits (June 1996 - P.A.C. Report No.26)

(to be presented by Mr. Eric LI who will address the Council)

8. No. 113 - The Eighth Annual Report of the Commissioner for Administrative Complaints Hong Kong June 1996

(to be presented by the Chief Secretary)

9. No. 114 - Enquiry into the circumstances surrounding the labour disputes involving imported workers under the Special Labour Importation Scheme for the Airport Core Programme Projects and related issues

(to be presented by Mr. LAU Chin-shek who will address the Council)

10. No. 115 - Hong Kong Airport Authority

Annual Report 1995/1996

(to be presented by the Financial Secretary who will address the Council)

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II. QUESTIONS

1. Mr. Howard YOUNG to ask :

There has been a rapid increase in the number of People's Republic of China (PRC) passport holders visiting the territory on transit which benefits Hong Kong’s tourism industry. In this connection, will the Government inform this Council whether such holders are allowed to visit Macau and re-enter Hong Kong within the 7-day visa-free period and whether, on re-entering from Macau, they may be granted an additional visa-free period in excess of the original 7-day visa-free period; if so, whether there are any measures to encourage tourism on the one hand and avoid the system being used to prolong overstaying unnecessarily on the other?

Public Officer to reply : Secretary for Security

2. Mrs. Elizabeth WONG to ask :

Will the Government inform this Council whether it has any knowledge of the timing for the implementation of the 5-year plan for arts development drawn up by the Arts Development Council?

Public Officer to reply : Secretary for Broadcasting, Culture and Sport

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

Will the Government inform this Council:

1. whether non-Hong Kong residents can receive treatment in the casualty departments of public hospitals in the territory; if so, how the relevant charges are collected from such persons; in case of default, what actions are taken to recover the arrears from such persons, and what the results of such actions are; and
2. whether it has signed agreements with any countries and regions which will enable residents of these territories to receive free emergency medical treatment in each other's territory on a reciprocal basis; if so, what the details are; if not, why not?

Public Officer to reply : Secretary for Health and Welfare

4. Miss Emily LAU to ask : (Translation)

It has been reported that a member of the Preparatory Committee has suggested that the salaries of principal officials of the Hong Kong Special Administrative Region Government should be increased significantly. At present, the monthly salary of a policy secretary at D8 of the directorate pay scale is 157,250, and its total remuneration package inclusive of other benefits amounts to almost $300,000 a month. In this connection, will the Government inform this Council:

1. of the criteria for determining the remuneration and benefits of policy secretaries;
2. how the remuneration and benefits of policy secretaries compare to those of senior executives at comparable levels in the private sector;
3. whether the Senior Non-Expatriate Officers Association has made a request for improving the remuneration and benefits of policy secretaries; and
4. whether it has any plan to review the remuneration and conditions of service of policy secretaries?

Public Officer to reply : Secretary for the Civil Service

5. Mr. TSANG Kin-shing to ask : (Translation)

As the British rule over the territory will end on 30 June 1997, will the Government inform this Council whether, prior to that date, the British Government will demand that the Japanese Government formally apologise to the people of Hong Kong for the atrocities committed by the Japanese army in the territory during the Second World War, and make reparations in this regard?

Public Officer to reply : Secretary for Security

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

The New Territories Land (Exemption) Ordinance (Cap 452) has been implemented for two years. In this connection, will the Government inform this Council of:

1. the number of lawsuits filed under the Ordinance over the past two years;
2. the number of women in the above lawsuits who were successful in securing the right of succession to land in the New Territories; and
3. whether activities have been conducted to publicise the Ordinance so as to ensure that women in the New Territories have a clear understanding of their entitlements under the Ordinance; if so, the contents, timing and costs of such activities?

Public Officer to reply : Secretary for Home Affairs

* 7. Mr. SZETO Wah to ask : (Translation)

With regard to the setting up of public hospitals and their staff establishment, will the Government inform this Council whether it knows of:

1. the standard number of hospital beds and the standard establishment of doctors and nurses, as well as the actual number of hospital beds and the strength of doctors and nurses, in each public hospital at present;
2. the criteria for determining the network served by each district public hospital, as well as the criteria to be taken into account in deciding whether a public hospital should be set up in a district;
3. whether there is a set of criteria for drawing up the respective proportions of population to hospital beds and population to resident doctors, if so, what the details are; and
4. how 'hospital clusters' are distributed and what their mode of operation is, and what the composition of each cluster is?

Public Officer to reply : Secretary for Health and Welfare

* 8. Mr. LO Suk-ching to ask : (Translation)

As the commercial units in housing estates under the management of the Housing Authority (HA) are mainly let by way of tenders and supplemented by negotiation, will the Government inform this Council if it is aware of:

1. the proportion of the shops in public housing estate shopping centres let by negotiation in the total number of shops let; and how such a proportion is determined by the HA;
2. the reasons for the HA not putting up all the shops for letting by open tender;
3. the guidelines issued by the HA setting out the criteria for letting shops by negotiation; if so, what the criteria are; and
4. any mechanism put in place by the HA to monitor the decision-making process regarding the letting of shops by negotiation?

Public Officer to reply : Secretary for Housing

* 9. Mr. James TO to ask : (Translation)

Under Section 8 of the Coroners Ordinance, a coroner shall hold an inquiry into the cause of the death of any person when required by the Attorney General. In this connection, will the Government inform this Council of:

1. the total number of cases in which the coroner was required by the Attorney General to hold such inquiries in the past five years; and
2. the criteria on which such a request by the Attorney General is based?

Public Officer to reply : Attorney General

*10. Mr. James TIEN to ask : (Translation)

Will the Government inform this Council:

1. what measures the Government has put in place to assist industrial and commercial establishments in identifying the copyright owner of a commodity in respect of which more than one firm claim that they own the copyright of the commodity concerned, so as to prevent such establishments from purchasing commodities without copyrights; and
2. of the department which is responsible for coordinating information about copyright owners of commodities such as songs, books, films and computer software; and what channel is available to the commercial sector for making enquiries about such information?

Public Officer to reply : Secretary for Trade and Industry

*11. Mr. Michael HO to ask : (Translation)

Will the Government inform this Council:

1. of the current number of government-run polyclinics in the territory, and the number of such clinics which provide both day-time and night-time consultation services;
2. whether the setting up of a polyclinic in a district is determined according to its population size;
3. of the criteria for determining the need for providing both day-time and night-time consultation services in polyclinics; and
4. how public hospitals and district polyclinics complement each other in providing medical services for the public?

Public Officer to reply : Secretary for Health and Welfare

*12. Mr. SIN Chung-kai to ask :

Regarding the retraining courses offered by the Employees Retraining Board, will the Government inform this Council of:

1. the number of workers who have joined the following programmes since the implementation of the Employees Retraining Scheme:
   1. General Retraining Programme
      i) Courses on Job Search Skills
      ii) Job-Specific Skill Courses
      iii) General Skills Courses
      iv) Skills Upgrading Courses
      
   2. On-the-job Training Programmes, with a breakdown by industry
   3. Programmes for the Elderly
   4. Programmes for Disabled and Industrial Accident Victims
   5. Other programmes; and
2. the contents of each of the above programmes?

Public Officer to reply : Secretary for Education and Manpower

*13 Miss Christine LOH to ask :

In 1993, the Environmental Protection Department issued the "Practice Notes on Control of Air Pollution in Vehicle Tunnels" to all tunnel operators. The Notes set down guidelines on the minimum requirements for three air pollutants: carbon monoxide, nitrogen dioxide and sulphur dioxide. As tunnel operators are already required by legislation and the terms of management contracts to monitor the concentration of carbon monoxide to ensure that it does not exceed the prescribed limits, and in view of the Government's recent statement that it will discuss with the tunnel operators the feasibility of installing nitrogen dioxide monitors inside the tunnels, will the Administration inform this Council whether:

1. it will consider bringing in regulatory control on the level of sulphur dioxide as well as other pollutants (such as suspended particulates and various hydrocarbons) inside road tunnels; if so; what the details are; if not, why not; and
2. it will adopt other measures to improve the air quality in all road tunnels to a standard conforming to the guidelines laid down in the Practice Notes?

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

*14. Mr. CHEUNG Man-kwong to ask : (Translation)

Will the Government inform this Council:

1. of the coverage and the premium of the comprehensive insurance policy on public liabilities taken out by the Government for all subsidised schools in the territory; and
2. given the inadequate protection which students participating in extra-curricular activities or studying at schools located in the vicinity of potentially dangerous slopes can get in case of accidents, whether the Government will consider increasing the insured amount and extending the coverage of the insurance policy taken out for these schools, so as to raise the amount of compensation payable to those who suffer injury or death in accidents?

Public Officer to reply : Secretary for Education and Manpower

*15. Mrs. Selina CHOW to ask : (Translation)

The Government has introduced legislation requiring passengers in rear seats of private cars to wear seat-belts. Exemption is only given to those who have been certified by competent persons and verified by the Transport Department (TD) as unfit for wearing seat belts. In connection with this, will the Government inform this Council:

1. of the criteria adopted by the TD in verifying recommendations made by competent persons for certain individuals to be exempted from wearing seat belts;
2. how the TD will ensure that there is no disparity in treatment in exercising its discretionary power;
3. whether the Government will consider relaxing the requirement for wearing rear seat belts, such as streamlining or even abolishing the procedure of granting exemption through the TD so that certification for exemption made by competent persons can be accepted instead; and
4. how the Government will educate the public, particularly parents and pregnant women, on the safety measures in wearing rear seat belts?

Public Officer to reply : Secretary for Transport

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

With regard to the out-patient services provided by the Department of Health and the Hospital Authority respectively in the past three years, will the Government inform this Council of:

1. the respective numbers of patients seeking treatment and their attendance in each year; and
2. the respective average cost per out-patient visit and its cost structure (including staff salaries, costs for drugs and laboratory tests etc.) in each year?

Public Officer to reply : Secretary for Health and Welfare

*17. Mr. CHOY Kan-pui to ask : (Translation)

Will the Government inform this Council:

1. of the number of divorce cases in the territory in the past three years, and the breakdown by year of the number of cases involving women from mainland China and other overseas countries, together with the country of origin of those women from overseas;
2. of the breakdown by year of the number of people under the age of 18 affected by parental separation in the divorce cases mentioned in (a) above; and
3. whether the relevant departments provide counselling and assistance to the affected parties in divorce cases and their family members?

Public Officer to reply : Secretary for Health and Welfare

*18. Dr. LAW Cheung-kwok to ask : (Translation)

Will the Government inform this Council of:

1. the number of work permits which have been issued to foreigners of different nationalities, and the number of applications for such permits which have been rejected, in each of the past three years; and
2. the breakdown of the foreigners who have been granted work permits, by trade, type of work, age and pay, in each of the past three years?

Public Officer to reply : Secretary for Security

*19. Mr. LEUNG Yiu-chung to ask : (Translation)

Will the Government inform this Council whether:

1. it has estimated the job opportunities which the construction of the second runway of the new airport will create for the territory;
2. the labour importation quotas set for the new airport and related projects will still apply to the second runway project; if not, whether it will increase the labour importation quotas for the latter project; and
3. in deciding if the labour importation quotas should be increased, the Government will take into account both the present unemployment situation in the territory and the occurrence of incidents in which foreign workers imported under the Special Labour Importation Scheme for the new airport projects were subjected to wrongful deduction of wages?

Public Officer to reply : Secretary for Education and Manpower

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

With regard to the operation of the Senior Citizen Card Scheme (the Scheme), will the Government inform this Council:

1. whether it will conduct a comprehensive review of the Scheme since the Scheme has been implemented for two years;
2. of the regular publicity campaigns by the Social Welfare Department to promote the Scheme;
3. how business organisations are invited to participate in the Scheme;
4. whether consideration will be given to the automatic issue of Senior Citizen Cards to the elderly through the Immigration Department;
5. whether there is any mechanism to monitor those business establishments which have pledged to offer concessionary services to the elderly in order to ascertain if such establishments have honoured their pledges; and whether there is any channel for the elderly to lodge complaints against those organisations which fail to provide concessionary services in accordance with their pledges; and
6. whether the Home Affairs Department has made use of its regional network (such as the regional consultative organisations throughout the territory) to promote the Scheme; if so, what promotional activities have been organised; if not, why not?

Public Officer to reply : Secretary for Health and Welfare

* For written reply.

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III. BILLS

FIRST READING

1. Commissioner for Administrative Complaints (Amendment) Bill 1996
2. Employment (Amendment) (No.3) Bill 1996
3. Employees' Compensation (Amendment) (No.2) Bill 1996
4. Independent Police Complaints Council Bill
5. Patents Bill

SECOND READING

Debates to be adjourned

1. Commissioner for Administrative Complaints (Amendment) Bill 1996	:	Chief Secretary
2. Employment (Amendment) (No.3) Bill 1996	:	Secretary for Education and Manpower
3. Employees' Compensation (Amendment) (No.2) Bill 1996	:	Secretary for Education and Manpower
4. Independent Police Complaints Council Bill	:	Secretary for Security
5. Patents Bill	:	Secretary for Trade and Industry

Debates to be resumed

6. Prevention of Bribery (Miscellaneous Provisions)(No.2) Bill 1995	: Attorney General
7. Crimes (Amendment) Bill 1995	: Attorney General
8. Non-Local Higher and Professional Education (Regulation) Bill	: Secretary for Education and Manpower
9. Factories and Industrial Undertakings (Amendment) Bill 1996	: Secretary for Education and Manpower
10. Aviation Security Bill	: Secretary for Security
11. Immigration Service (Amendment) Bill 1996	: Secretary for Security
12. Buildings (Amendment) (No.3) Bill 1995	: Secretary for Planning, Environment and Lands
13. Buildings (Amendment) Bill 1996	: Secretary for Planning, Environment and Lands
14. Inland Revenue (Amendment) (No.3) Bill 1996	: Secretary for the Treasury
15. Supplementary Appropriation (1995-96) Bill 1996	: Secretary for the Treasury

COMMITTEE STAGE AND THIRD READING

1. Prevention of Bribery (Miscellaneous Provisions)(No.2) Bill 1995	:	Attorney General
2. Crimes (Amendment) Bill 1995	:	Attorney General
3. Non-Local Higher and Professional Education (Regulation) Bill	:	Secretary for Education and Manpower
4. Factories and Industrial Undertakings (Amendment) Bill 1996	:	Secretary for Education and Manpower
5. Aviation Security Bill	:	Secretary for Security
6. Immigration Service (Amendment) Bill 1996	:	Secretary for Security
7. Buildings (Amendment) (No.3) Bill 1995	:	Secretary for Planning, Environment and Lands
8. Buildings (Amendment) Bill 1996	:	Secretary for Planning, Environment and Lands
9. Inland Revenue (Amendment) (No.3) Bill 1996	:	Secretary for the Treasury
10. Supplementary Appropriation (1995-96) Bill 1996	:	Secretary for the Treasury

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IV. MEMBER'S MOTIONS

1. HONG KONG ROYAL INSTRUCTIONS 1917 TO 1993 (NOS. 1 AND 2)

Mr. Ronald ARCULLI :

That the Standing Orders of the Legislative Council of Hong Kong be amended by adding thereto the text in the Chinese language of the Standing Orders of the Legislative Council of Hong Kong set out in the Annex to this resolution.

( Annex to resolution and subsequent amendments to the Annex already circulated on 27 June 1996 and 8 July 1996 under LegCo Paper No. CB(3) 976/95-96 and LegCo Paper No. CB(3) 1038/95-96 respectively )

2. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mrs. Selina CHOW :

That the Hotel and Guesthouse Accommodation (Fees) (Amendment) Regulation 1996, published as Legal Notice No. 224 of 1996 and laid on the table of the Legislative Council on 5 June 1996, be repealed.

Public Officer to attend : Secretary for Home Affairs

3. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. SIN Chung-kai :

(See Resolution at Annex)

Public Officer to attend : Secretary for Home Affairs

4. REVIEW OF SEWAGE SERVICES TRADING FUND

Dr. John TSE : (Translation)

That this Council urges the Government to immediately review the Sewage Services Trading Fund (the Fund) with a view to abolishing the target of full-cost recovery by the year 2000, extending the period in which to achieve a balanced budget, as well as injecting capital into the Fund; and that, before completion of the review, the Government must freeze sewage charges and trade effluent surcharges to avoid increasing the burden on the public and the industrial and commercial sectors, and also streamline the existing appeal procedures for trade effluent surcharges, so as to reduce the costs borne by the appellants.

Public Officer to attend : Secretary for Works

5. STATIONING OF CHINESE ARMED FORCES IN HONG KONG AFTER 1997

Dr. CHEUNG Bing-leung : (Translation)

That this Council urges that the Chinese Government, in formulating the laws governing the armed forces to be stationed in the future Hong Kong Special Administrative Region (SAR), should:

1. conduct open consultation with the people of Hong Kong on the relevant draft bills and truly listen to the views of all sectors;
2. make provisions in the legislation to ensure that the armed forces will not interfere in the internal affairs of the SAR, and will be deployed to assist in the maintenance of public order and rescue operations only upon formal requests made by the Chief Executive of the SAR in accordance with law; and
3. make provisions in the legislation to ensure that members of the armed forces involved in civil cases and criminal offences are subject to the jurisdiction of the Hong Kong courts,

so as to give full effect to the spirit of "one country, two systems" and "Hong Kong people ruling Hong Kong with a high degree of autonomy" in the Joint Declaration.

Amendment to Dr. CHEUNG Bing-leung's motion

Mr. IP Kwok-him : (Translation)

To delete everything after the words "That this Council" and substitute with the following:

"supports that the Chinese Government formulate the military law for the future Hong Kong Special Administrative Region (SAR) in order to implement the provisions in Article 14 of Chapter II of the Basic Law, which stipulate that armed forces stationed by the Central People's Government in the SAR for defence shall not interfere in the local affairs of the Region, that the Government of the SAR may, when necessary, ask the Central People's Government for assistance from the garrison in the maintenance of public order and in disaster relief and that, in addition to abiding by national laws, members of the garrison shall abide by the laws of the SAR".

Public Officer to attend : Secretary for Security

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V. MEMBER'S BILLS

FIRST READING

1. Equal Opportunities (Family Responsibility, Sexuality and (Age) Bill
2. Equal Opportunities (Race) Bill
3. Mass Transit Railway Corporation (Amendment) Bill 1996
4. Kowloon-Canton Railway Corporation (Amendment) Bill 1996
5. Sex and Disability Discrimination (Miscellaneous Provisions) Bill 1996

SECOND READING

Debates to be adjourned

1. Equal Opportunities (Family Responsibility, Sexuality and Age) Bill	:	Mr. LAU Chin-shek
2. Equal Opportunities (Race) Bill	:	Mrs. Elizabeth WONG
3. Mass Transit Railway Corporation (Amendment) Bill 1996	:	Mr. SIN Chung-kai
4. Kowloon-Canton Railway Corporation (Amendment) Bill 1996	:	Mr. SIN Chung-kai
5. Sex and Disability Discrimination (Miscellaneous Provisions) Bill 1996	:	Miss Christine LOH

Debate to be resumed

6. The Hong Kong Institute of Landscape Architects Incorporation Bill

:

Mr. Edward HO

COMMITTEE STAGE AND THIRD READING

The Hong Kong Institute of Landscape Architects Incorporation Bill

:

Mr. Edward HO

Ray CHAN for Clerk to the Legislative Council

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