Revised version

OP 95/96-14(1) (Issued at 11.00 a.m. on 15.1.96)

THE LEGISLATIVE COUNCIL
ORDER PAPER

Wednesday, 17 January 1996 at 2.30 p.m.

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I. PAPERS

Subsidiary Legislation
Sessional Paper 1995/96
Miscellaneous

II. QUESTIONS
III. MEMBER'S MOTIONS

1. FORMULATION OF LONG-TERM INDUSTRIAL POLICY
2. PROTECTION OF CIVIL RIGHTS IN HONG KONG

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I. PAPERS

Sessional Paper 1995/96

The Secretary for Security to present:

No. 52 - Report by the Controller, Government Flying Service on the Administration of the Government Flying Service Welfare Fund for the year ended 31 March 1995

Miscellaneous

The Secretary for Planning, Environment and Lands to present :

Technical Memorandum on Noise from Construction Work in Designated Areas

Technical Memorandum on Noise from Construction Work other than Percussive Piling

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II. QUESTIONS

1. Mr. Albert CHAN to ask : (Translation)

With regard to the Long Term Housing Strategy Review being undertaken by the Government, will the Government inform this Council:

1. of the methodology and assumptions to be used and the factors to be considered in the assessment of the long-term housing demand; and
2. how the composition of the Long Term Housing Strategy Steering Committee is determined, and what are the criteria adopted by the Government for appointing members to the Committee?

Public Officer to reply : Secretary for Housing

2. Mr. HO Chun-yan to ask : (Translation)

The Preparatory Committee (PC) will set up its secretariat/liaison office in the territory early this year and the Hong Kong Government has openly pledged to co-operate with the PC in accordance with the principle of openness and transparency. In this connection, will the Government inform this Council:

1. how the Government will implement the principle mentioned above in practice;
2. whether the Government will undertake to provide this Council with information on each and every meeting held between officials of the Hong Kong Government and the PC members including at the minimum the following:
   1. the date and place of the meeting;
   2. the agenda for the meeting;
   3. all information provided to the Hong Kong Government by the PC;
   4. all information provided to the PC by the Hong Kong Government;
   5. decisions or agreements reached at the meeting and matters to be followed up; and
3. whether the Hong Kong Government will request the British Government to clarify if there is any change in the role of the Sino-British Joint Liaison Group and if the work of the Sino-British Joint Liaison Group will overlap with that of the PC?

Public Officer to reply : Secretary for Constitutional Affairs

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

On the night of 14 December 1995, a group of people and university students were proceeding to the Xinhua News Agency (Hong Kong Branch) to stage a protest rally, and when they reached the entrance to the pedestrian subway at the junction of Morrison Hill Road and Queen's Road East (opposite to Queen Elizabeth Stadium), they were stopped by a party of five to six police officers who did not permit the group to use the subway to go to the other side of the road. Members of the group queried the police officers at the scene and asked them to explain the legal justifications and reasons for the closure of the subway, but the police officers refused to reply. The group eventually had to cross the road to proceed to the Xinhua News Agency. In this connection, will the Government inform this Council:

1. what are the legal justifications and reasons for preventing a group of only a dozen people from using the pedestrian subway to proceed to the Xinhua News Agency;
2. whether, following their decision to close the subway to prevent the group from moving on, the police officers are required under any regulations to openly explain to the group and the people at the scene the legal justifications and reasons for the closure of the subway so as to avoid unnecessary clashes; and
3. which ordinance empowers the police to cordon off the area outside the Xinhua News Agency, and what are the criteria adopted by the police for determining the boundaries of the area?

Public Officer to reply : Secretary for Security

4. Mr. Paul CHENG to ask :

Bearing in mind the potential for serious damage to Hong Kong that may arise from any economic or other dispute between the territory's two largest trading partners, any instability in the Sino-U.S. relations will be of grave concern to the business community in the territory. With the question of China's most-favoured-nation (MFN) trade status in the U.S. still subject to annual review, and with the U.S. Administration under renewed pressure at home to link economic issues to human rights and other non-trade issues through MFN or other platforms, will the Government inform this Council what specific measures are being planned by the Government this year to minimise the territory's exposure to this risk?

Public Officer to reply : Secretary for Trade and Industry

5. Dr. C.H. LEONG to ask :

In regard to the disciplinary committees of statutory professional bodies in the territory, will the Administration inform this Council:

1. which committees include laymen members;
2. which committees' disciplinary proceedings are open to the public; and
3. whether the Administration will urge those statutory professional bodies which conduct disciplinary proceedings in camera to make such proceedings open to the public so as to enhance transparency and public accountability?

Public Officer to reply : Secretary for Works

6. Mr. LAU Wong-fat to ask : (Translation)

In December last year, over 700 fruit trees growing for years were cut down by the government departments concerned in the course of an operation to resume government land in Tai Tong Valley in Yuen Long which has been illegally occupied. In this regard, will the Government inform this Council:

1. whether, apart from destroying the fruit trees concerned, the Government has considered other alternatives, such as putting up fences around the government land in question to prevent illegal occupation of the land and to achieve the aim of preserving the trees;
2. whether, in deciding to launch the above-mentioned tree-felling operation, it has taken into account the historical factor that some villagers nowadays still make their living through such traditional means as collecting natural resources like firewood, straw, fruits, plants and herbs in the mountains;
3. whether the existing policy of restricting the felling of trees on non-private land in the rural areas of the New Territories also applies to government departments; and
4. whether it has reviewed the manner in which the whole operation has been handled; if so, whether there is maladministration on the part of the government departments concerned?

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

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

In view of the fact that the police has recently discovered two cases of taxi drivers tampering with taximeters by various means in order to cheat passengers into paying excessive fares, will the Government inform this Council:

1. of the total number of complaints involving taximeters received by the police in the past year;
2. whether the Government will adopt any measures to speed up the installation of anti-tampering device in taximeters of the 12,000 taxis in the territory which have not yet been installed with such a device; if not, why not; and
3. whether the Government will increase the frequency of inspection of taximeters, which at present is conducted once every six months; and whether consideration will be given to imposing heavier penalties on taxi drivers tampering with taximeters as a deterrent, so as to protect the interests of consumers?

Public Officer to reply : Secretary for Transport

* 8. Mr. Eric LI to ask : (Translation)

Will the Government inform this Council of:

1. the number of people aged 65 or above living on Lantau Island, Cheung Chau, Ping Chau and Lamma Island respectively, as well as the proportion of these elderly people to the overall population on each of the islands concerned and the number of singletons among the elderly people;
2. the respective numbers of institutions providing social and medical services for the elderly, such as homes for the elderly, day-time care centres, social centres for the elderly, infirmaries, convalescent homes, care and attention homes and health centres for the elderly, as well as the number of home helpers stationed on each of the islands concerned to provide such services; and
3. whether, according to the demographic structure of the population on the islands concerned, the number of elderly people aged 65 or above will increase in the next five and ten years; if so, whether the services mentioned in (b) above can meet the present and future demands for such services on those islands?

Public Officer to reply : Secretary for Health and Welfare

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

In view of the serious shortage of parking spaces in most parts of the territory and the high parking fees charged by car parks, will the Government inform this Council whether:

1. it will consider providing spaces for overnight parking (say from 10 pm to 7 am) on relatively less busy side streets in various districts and installing special parking meters along the pavements of those streets so as to facilitate drivers, in particular professional drivers, to park their cars; and
2. it will consider building more car parks near the Kowloon-Canton Railway and Mass Transit Railway stations to provide park-and-ride facilities with a view to encouraging people living in remote areas to use the mass transit systems, so as to alleviate traffic congestion?

Public Officer to reply : Secretary for Transport

*10. Dr. David LI to ask :

It was reported recently that an eight-year old boy was arrested by the police for dialling '999' to report a bogus robbery. As prank callers could stand in the way of people getting through the '999' line to report real life-or-death emergencies, will the Government inform this Council:

1. how the police will step up measures to monitor and trace the source of prank calls; and
2. what penalties, if any, apply to callers dialling '999' to make prank or nuisance calls?

Public Officer to reply : Secretary for Security

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

As the structure of the economy of the territory has been undergoing the process of transformation, will the Government inform this Council whether it has conducted detailed studies to assess the changes in labour productivity in various industries, as well as the reasons for such changes, in the past ten year; if so, what the findings are?

Public Officer to reply : Secretary for Financial Services

*12. Mr. LEE Wing-tat to ask : (Translation)

With regard to the cement factory adjacent to Greenfield Garden on Tsing Yi Island, will the Government inform this Council:

1. whether the cement factory will be decommissioned by the end of June this year in accordance with the terms of the Conditions of Exchange executed in November 1993; if not, why not;
2. what stage the relocation exercise has reached now and whether difficulties have been encountered; if so, what the difficulties are; and
3. whether the Environment Protection Department's plan to issue a two-year operating licence to the operator of the cement factory is in contravention of the terms of the Conditions of Exchange mentioned above?

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

*13 Mr. Ambrose LAU to ask : (Translation)

Will the Government inform this Council whether it will, in its review of the Territorial Development Strategy, consider recommending that priority be accorded to developing the New Territories, especially Northwest New Territories, so as to reduce the need for reclamation in Victoria Harbour?

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

*14. Miss Christine LOH to ask :

In his 1994 Policy Address, the Governor stated that all urban squatters on government land would be rehoused by March this year. In this connection, will the Government inform this Council:

1. of the status of Ching Man Village at So Kon Po in Tai Hang; and
2. whether Ching Man Village is among the villages to be cleared under the policy mentioned above; if so, what terms will be offered to the residents in this village?

Public Officer to reply : Secretary for Housing

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

At present, a number of independent bodies representing different sectors of the music industry, such as the Composers and Authors Society of Hong Kong (CASH) and the International Federation of Phonographic Industry (IFPI), may collect royalties from users of copyright music. This has given rise to confusion to music users, such as karaoke bars and other entertainment establishments, who have to pay royalties either at the same time or at different times to different bodies. In this connection, will the Government inform this Council:

1. whether it knows of the present number of bodies in the territory which may collect royalties from users of copyright music and the basis adopted by such bodies for determining this type of music royalties;
2. through what channels can the public find out which bodies may legally collect music royalties; and
3. whether consideration will be given to establishing a mechanism which will incorporate all royalties charged by the relevant bodies and which will collect such royalties from users of copyright music on a unified basis, thereby avoiding unnecessary confusion and disputes arising from the payment of royalties to different bodies?

Public Officer to reply : Secretary for Trade and Industry

*16. Mr. CHEUNG Bing-leung to ask : (Translation)

On 27 October 1995, an amount of $54.4 million was approved by the Finance Committee of this Council for implementing Phase IV of the Incentive Award Scheme (the Scheme) for Chinese textbooks. Of this amount, some $13 million has been earmarked for publishers to produce Chinese Mathematics textbooks for the sixth-form for use by students in the 1998/99 academic year. However, it is learned that the Curriculum Development Council (CDC) is planning to revise the Mathematics syllabus of the sixth-form, and the revision is expected to be completed by 1998. Hence, the Mathematics syllabus may have already been revised by the time the new Chinese Mathematics textbooks for the sixth-form are available in September 1998, which will render the new textbooks useless and result in the incentive award of $13 million being wasted. In this regard, will the Government inform this Council:

1. why the Education Department has recommended the inclusion of Mathematics for the sixth-form in Phase IV of the Scheme when it has already known that the Mathematics syllabus will be revised shortly; and
2. whether it will consider withholding the amount earmarked for Chinese Mathematics textbooks for the sixth-form under the Scheme until the CDC has completed the revision of the Mathematics syllabus; if not, why not?

Public Officer to reply : Secretary for Education and Manpower

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

With regard to the Government's policy on the monitoring of public utilities, will the Government inform this Council:

1. of the criteria adopted by the Government for determining whether a public utility company has monopolised the market;
2. what measures the Government will take to safeguard the consumers' rights in the event of a public utility company monopolising the market; and
3. whether the Government will only monitor those public utility companies operating on a franchise basis?

Public Officer to reply : Secretary for Economic Services

*18. Dr. Samuel WONG to ask :

The Kowloon-Canton Railway Corporation (KCRC) has recently announced that the estimated cost for the proposed Western Corridor Railway project has increased from $35 billion to more than $70 billion and that consultants will be invited to submit tenders for the next stage of the investigation and design work. In this connection, will the Government inform this Council:

1. how much has been earmarked for land resumption and what is the breakdown of the estimate on the construction cost;
2. whether consultants will be invited locally to submit tenders for the investigation and design work in accordance with the tendering procedures adopted by the Government's Works Departments; if not, why not;
3. what criteria will be adopted by the KCRC for selecting professional consultants for the Western Corridor Railway project; and whether the consultants' local design experience in the environmental, building regulations and fire safety aspects will be taken into consideration in the selection process; if not, why not; and
4. whether non-salaried directors of the KCRC will be involved in the selection of consultants for the project?

Public Officer to reply : Secretary for Transport

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

In view of the fact that used engine oil was previously collected by private companies for recycling purpose and that there is no such practice now, will the Government inform this Council:

1. whether it has adopted any monitoring measures to prohibit the disposal of used engine oil in drains or open areas;
2. whether it has considered the introduction of a recycling plan for used engine oil which will involve the collection of such oil by private companies for recycling purposes; and
3. what measures it will adopt to solve the pollution problem caused by used engine oil in the long term?

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

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

In regard to a recent report concerning the appointment of a consultancy firm by the University Grants Committee to review the remuneration of heads of universities in the territory, will the Government inform this Council:

1. of the reasons for and the objectives of commissioning the review;
2. whether the remuneration received by heads of universities is set at 98% of that received by the Chief Secretary; if so, what the rationale is;
3. whether the existing system of linking the remuneration and fringe benefits of heads and senior teaching staff of universities to those of comparable ranks in the Civil Service will be examined in the review; and
4. when the review will be completed and whether the findings of the review will be released for public consultation?

Public Officer to reply : Secretary for Education and Manpower

* For written reply.

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III. MEMBER'S MOTIONS

1. FORMULATION OF LONG-TERM INDUSTRIAL POLICY

Mr. CHAN Kam-lam : (Translation)

That this Council urges the Government to formulate expeditiously a long-term industrial policy, implement the Hong Kong Science Park Project and allocate additional resources to support the development of the manufacturing industry, so as to enhance the competitiveness of local products, the productivity of our workers and the value of our industrial outputs, with a view to strengthening the basis of the economy, promoting economic growth and providing more employment opportunities.

Amendments to Mr. CHAN Kam-lam's motion

1. Mr. LEE Cheuk-yan : (Translation)

To delete all the words after "That" and substitute with ", as the Government has long neglected the development of the territory’s industries during the past decade or so but placed emphasis on the financial and service sectors thereby resulting in the decline of the manufacturing industry and its contribution to the value of gross domestic product from 24.3% in 1984 to the current 11%, this Council expresses regret over this situation and urges the Government to expeditiously formulate a long-term industrial policy with well-defined targets, adopt concrete measures to assist and guide the development of the manufacturing sector as well as to draw up a corresponding manpower policy to match such development, so as to improve the employment potential, job opportunity and quality of life of workers; and that such policy should aim at developing capital intensive, high technology and high value-added industries, and should include the following measures:

1. the development of quality adult education to enhance the employment potential of workers;
2. the establishment of a development fund to assist industrial development by way of low-interest or interest-free loans; and
3. the speedy establishment of a research and development-oriented science park, as well as the provision of relevant technological support and guidance to the manufacturing sector".

2. Mr. SIN Chung-kai : (Translation)

To delete "formulate" and substitute with "implement"; to delete "a long-term" and substitute with "an"; to delete ", implement the Hong Kong Science Park Project and allocate additional resources to support the development of the manufacturing industry, so as to enhance the competitiveness of local products, the productivity of our workers and the value of our industrial outputs, with a view to strengthening the basis of the economy, promoting economic growth and providing" and substitute with "covering the following areas: (1) to establish a science park and provide corresponding tax concessions, (2) to step up the training of industrial personnel and (3) to strengthen supporting measures on technological development and transfer, so as to enhance the territory’s development and create".

Public Officer to attend : Secretary for Trade and Industry

2. PROTECTION OF CIVIL RIGHTS IN HONG KONG

Mr. Andrew CHENG : (Translation)

That, as the unfair trial and unreasonable conviction of WEI Jingsheng by the Chinese authorities has caused apprehension among Hong Kong people that the existing and post-1997 laws will not be adequate to protect their civil rights, this Council urges the Government to expeditiously reflect to the Chinese authorities the wish of the Hong Kong people that WEI Jingsheng be released as well as their worry about Article 23 of the Basic Law; and that the Government should immediately introduce amendments to existing legislation relating to the act of treason, sedition and theft of state secrets, and enact legislation prohibiting subversive activities, in order that such laws will form the basis for formulating legislation relating to the act of treason, sedition, subversive activities and theft of state secrets by the Special Administrative Region Government after 1997 thereby ensuring the protection of civil rights of the people of Hong Kong.

Public Officer to attend : Secretary for Security

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