Revised version

OP 95/96-9(1) (Issued at 11.00 a.m. on 27.11.95)

THE LEGISLATIVE COUNCIL
ORDER PAPER

Wednesday, 29 November 1995 at 2.30 p.m.

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I. PAPERS

Subsidiary Legislation
Sessional Paper 1995/96

II. QUESTIONS
III. MOTIONS

1. PUBLIC BUS SERVICES ORDINANCE
2. FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE
3. FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE
4. FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

IV. BILLS

FIRST READING
SECOND READING

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

V. PRIVATE MEMBER'S MOTIONS

1. INTERPRETATION AND GENERAL CLAUSES ORDINANCE
2. INTERPRETATION AND GENERAL CLAUSES ORDINANCE
3. VIETNAMESE MIGRANTS PROBLEM
4. ENTRY VISA FOR TAIWAN VISITORS

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I. PAPERS

Sessional Paper 1995/96

The Secretary for Planning, Environment and Lands to present :

No. 27 - Environment and Conservation Fund

Trustee's Report 1994-95

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II. QUESTIONS

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

In view of the serious shortfall of manpower in the chicken and pig farming industry, a training programme was organised by the authorities concerned early this year. It was learnt that initially some 500 people applied for enrolment, but only some 180 of them actually took part in the programme. There were about 30 trainees who joined the chicken and pig farming industry after completing the training programme. Of this group, nine stayed on in their jobs after two months, among whom three were between 30-49 years of age and six were over 50. In this connection, will the Government inform this Council:

1. of the estimated shortfall of workers in the industry at present;
2. whether the Government has any plan to set a special quota for the importation of labour for the industry; if so, how many workers are scheduled to be imported under the plan and when the plan will be implemented; if not, how the problem of labour shortage in the industry will be solved, and what remedial measures will be taken to prevent the industry vanishing from the territory due to labour shortage; and
3. of the reasons for the unsatisfactory results of the training programme; and whether the Government will carry out a review of the programme and organise another one in the near future?

Public Officer to reply : Secretary for Education and Manpower

2. Mr. Howard YOUNG to ask :

Regarding frequent calls over the last few years for a relaxation of plot ratios for hotels, will the Government inform this Council whether any decisions have been made by the Government in this regard; if so, what are the details and how will such a relaxation affect the status of floor basements, plant rooms and other facilities which were previously granted concessions in the calculation of plot ratios for hotels?

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

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

It is learnt that the newly completed library block of the Northcote College of Education may have to be demolished in 1997. In this connection, will the Government inform this Council:

1. of the reasons why no mention was made in the discussion paper on the funding request submitted to the Finance Committee of this Council in June 1993 that the site on which the library block was located would be used for other purposes in 1997; and
2. whether there was any co-ordination between the departments concerned at the time when the construction of the library block was being planned; if so, what are the details?

Public Officer to reply : Secretary for Education and Manpower

4. Mr. Fred LI to ask : (Translation)

As the rent allowance under the Comprehensive Social Security Assistance (CSSA) Scheme has not been adjusted since July 1993, will the Government inform this Council of:

1. the reasons why the Government has not adjusted the rent allowance in the past two years;
2. the rate of rent increase in private residential buildings in urban areas during the same period;
3. the size of a flat which a family of two to three members can rent in the urban areas with the existing monthly maximum rent allowance of $2 265; and
4. the average monthly rent allowance at present received by CSSA recipients living in private residential buildings; and how many such households have to use part of their monthly standard allowance to cover the shortfall in the rent allowance?

Public Officer to reply : Secretary for Health and Welfare

5. Dr. John TSE to ask : (Translation)

Will the Government inform this Council of the following:

1. how the Government determines the definition, content and curriculum of sex education; what reviewing mechanism it has put in place and when a review will be conducted;
2. how many primary and secondary schools provide sex education on a systematic basis and what is its mode of teaching; and
3. what measures does the Government have to enhance the quality of sex education and make it more readily available in schools, and how much is expected to be spent by the Government for these purposes in the current financial year?

Public Officer to reply : Secretary for Education and Manpower

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

At present the Census and Statistics Department conducts a population census every ten years and a by-census every five years, using the Gini coefficient to indicate diversity in house-hold income distribution. Will the Government inform this Council:

1. whether, in the face of a continuing rise in value of the Gini coefficient in recent years which points to a widening gap between the rich and the poor, the Government has analysed the reasons behind this phenomenon, and what measures the Government has put in place to improve the situation;
2. whether the Government will consider shortening the interval between censuses to ensure that the relevant figures on household income are updated more regularly; and
3. whether the Government will conduct longitudinal studies on certain families, such as families which are long-term comprehensive social security assistance recipients, families consisting of people with long-term unemployment or underemployment problems, families with handicapped member(s), families of new immigrants, low-income families and so on, so that the situation of social mobility can be reflected; if not, what the reasons are?

Public Officer to reply : Secretary for Financial Services

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

Last year, an official of the Social Welfare Department stated publicly that it was planning to extend the scope of Community Service Orders so that they could apply to District Court cases as a form of correctional measure. However, this plan has yet to be implemented. In this connection, will the Government inform this Council:

1. whether there is a specific timetable for the implementation of the plan; if not, what are the reasons; and
2. whether it has estimated the resources required for the implementation of the plan; if so, what is the estimated amount required?

Public Officer to reply : Secretary for Health and Welfare

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

In view of the concern expressed by this Council over the amount of personal allowance for salaries tax, will the Government inform this Council whether, on the basis of the number of taxpayers in 1995-96, it has estimated the respective numbers of persons who will fall out of the tax net if the amount of basic personal allowance for both individuals and married couples is to be raised by 5%, 10%, 15%, 20% or 25%; if so, what are the respective numbers of tax-payers remaining and what are the respective percentages out of the working population of nearly 3 million people; if not, why not?

Public Officer to reply : Secretary for the Treasury

* 9. Mr. Paul CHENG to ask :

In regard to the problem of arriving passengers forming long queues to await immigration clearance at the immigration counters at the Hong Kong International Airport, will the Government inform this Council:

1. of the criteria adopted in determining the manning scales for immigration control at the airport;
2. when these criteria were last reviewed; and
3. what measures the Government will take to improve the situation?

Public Officer to reply : Secretary for Security

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

In his reply to a written question which I raised in this Council on 25 October 1995 regarding the Hongkong Bank's recent sale of new $20 notes at a price in excess of their face value, the Secretary for Financial Services stated that the action of the Hongkong Bank was not in breach of the Bank Notes Issue Ordinance. It was subsequently known that such transaction was approved by the Hong Kong Monetary Authority (HKMA) and that certain high-ranking officials of the Bank and of the HKMA had also emphasised on different occasions that the profits from the transaction would go to charity. In this connection, will the Government inform this Council whether:

1. the Hongkong Bank is required to apply to the HKMA before proceeding with the transaction; if so, what are the criteria for approving the application and under which Ordinance is such approval granted;
2. the Hongkong Bank has provided the relevant government department with receipts certifying that the profits so generated have been donated to charity; if so, whether records of such donations will be made available for public inspection; and
3. consideration will be given to amending the Bank Notes Issue Ordinance so as to regulate the sale of new bank notes by notes issuing banks at a price in excess of their face value?

Public Officer to reply : Secretary for Financial Services

*11. Mrs. Miriam LAU to ask : (Translation)

There have been several accidents involving the detachment of wheels from buses of franchised bus companies on the road in recent months, one of which has even resulted in the bus driver concerned being prosecuted by the Police. In view of this, will the Government inform this Council:

1. of the causes of such accidents;
2. what measures will be taken to prevent the occurrence of similar accidents in the future; and
3. of the reasons why bus drivers should be held responsible for such accidents?

Public Officer to reply : Secretary for Transport

*12. Dr. David LI to ask :

It is reported that the volume of retail sales in the first eight months of 1995 and the volume of restaurant receipts in the first half of 1995 have declined by 1.3% and 3.3% respectively as compared with the corresponding figures in the same period last year. There are also signs of a weak demand in other sectors of the service industry which might result in the closure of more business establishments, thereby aggravating our unemployment problem. In view of this, will the Administration inform this Council whether measures are being taken or planned to stimulate domestic demand as a means to avert a further rise in unemployment?

Public Officer to reply : Secretary for Financial Services

*13 Mr. Allen LEE to ask : (Translation)

As the objective of the Governor's Business Council is to examine ways to improve the territory's economy, will the Government inform this Council of the following:

1. what suggestions the Council has made to the Government to improve the economy since its establishment;
2. whether the Council has made any suggestions to tackle the present unemployment problem; and
3. whether the Government has adopted the Council's suggestions; if so, what are the results of implementing such suggestions?

Public Officer to reply : Secretary for Trade and Industry

*14. Dr. Samuel WONG to ask : (Translation)

Will the Government inform this Council:

1. of the number of companies presently operating as agents for the supply of petroleum products to petrol filling stations which in turn provide fuels, such as petrol and diesel, to motorists;
2. whether the prices of petroleum products supplied by these companies are set at a uniform level; if so, whether these companies are offering services on the basis of fair competition; and
3. how these companies can be prevented from monopolising the market, so as to safeguard the interests of consumers?

Public Officer to reply : Secretary for Economic Services

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

With regard to the land granted by the Provisional Airport Authority (PAA) to Cathay Pacific Airways Limited (CPA) for the construction of CPA headquarters, will the Government inform this Council:

1. of the land premium which CPA is required to pay to the Government;
2. how the land premium is determined; whether it is determined on the basis of recovering the full market value of the land; and
3. whether the PAA will make known to the public and the Consultative Committee on the New Airport and Related Projects the land premium paid by CPA; if not, why not?

Public Officer to reply : Secretary for Economic Services

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

It is reported that the Singapore Government will conduct a study on a new geosynthetic material which can prevent landslides as the material is capable of strengthening the soil and improving drainage. In this connection, will the Government inform this Council whether it has done any research on this or other similar materials; if so, what the findings are; if not, whether it will carry out such research soon?

Public Officer to reply : Secretary for Works

*17. Mr. Henry TANG to ask : (Translation)

With regard to continuing education for adults, will the Government inform the Council:

1. of the 155,000 adults estimated by the Government who will benefit from some form of part-time education this year, how many will take part in training schemes, part-time courses and distance learning courses respectively;
2. whether any financial assistance is provided to such schemes or courses; if so, how much is expected to be spent in this financial year; and
3. whether consideration will be given to offering tax concession to encourage working adults to take part in higher education/professional courses at their own expense, thereby enhancing the quality and competitiveness of our work force; if not, why not?

Public Officer to reply : Secretary for Education and Manpower

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

The Air Pollution Index (API) readings published by the Government have registered new highs in recent days, particularly those taken in Tuen Mun, Yuen Long, Sha Tin, Tai Po, Islands District and Southern District where the levels were forecast to reach as high as 100. In the light of this, the Government has publicly advised people with respiratory and heart problems to avoid outdoor activities. In this connection, will the Government inform this Council:

1. of the reasons why the API readings are especially high in the above-mentioned districts;
2. whether it has conducted a survey on the incidence of respiratory and heart diseases on those days when the API readings were particularly high, and whether it has studied the correlation between air pollution levels and the incidence of these diseases; and
3. whether, apart from giving advice to the public, it has any other measures to assist people with respiratory and heart problems, especially those who need to work outdoors, on the days when the API readings in certain districts are exceptionally high, so as to reduce the chance of such diseases afflicting them; if not, what the reasons are?

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

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

Will the Government inform this Council:

1. of the breakdown of the number of 'green form' or 'white form' Home Ownership Scheme (HOS) flat owners who surrendered their flats to the Housing Authority in each of the past three years, and whether there is an upward trend in such cases;
2. of the reasons why these HOS flat owners surrendered their flats; and
3. whether the Government has considered providing assistance to those HOS flat owners who have surrendered their flats because of financial difficulties but who are facing a housing problem?

Public Officer to reply : Secretary for Housing

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

In his reply to a question in this Council on 22 February 1995, the Secretary for Trade and Industry indicated that the ranking of the post of Hong Kong Commissioner, London was under review but that it would be regraded to a rank below D8 on the Directorate Pay Scale. He also indicated that there was no plan to regrade the post of Hong Kong Commissioner for Economic and Trade Affairs, USA. In this connection, will the Government inform this Council:

1. of the exact date of retirement of the incumbent Hong Kong Commissioner, London; whether the Government has completed the review of the ranking of this post; if so, to what rank will this post be regraded and what is the justification for doing so;
2. whether the regrading of the post of the Hong Kong Commissioner, London will affect the establishment of the London Office, including the posts filled by staff posted from Hong Kong and those filled by local staff; if so, what are the details; and
3. when the incumbent Hong Kong Commissioner for Economic and Trade Affairs, USA will retire; whether the Government will consider regrading the post, which is now ranked at D8 on the Directorate Pay Scale, to a lower rank upon the retirement of the present incumbent; if not, why not?

Public Officer to reply : Secretary for Trade and Industry

* For written reply.

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III. MOTIONS

1. PUBLIC BUS SERVICES ORDINANCE

Secretary for Transport:

That the franchise conferring the right on the China Motor Bus Company Limited to operate a public bus service on the routes specified in the Schedule of Routes (China Motor Bus Company) Order 1995 (L.N. 310 of 1995) and in any subsequent order made by the Governor in Council shall not, for the entire period of the franchise, be subject to sections 26, 27, 28, 29 and 31 in Part V of the Public Bus Services Ordinance.

2. FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

Secretary for Education and Manpower:

That the Factories and Industrial Undertakings (Amendment) Regulation 1995, made by the Commissioner for Labour on 25 October 1995, be approved.

3. FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

Secretary for Education and Manpower:

That the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) (Amendment) Regulation 1995, made by the Commissioner for Labour on 25 October 1995, be approved.

4. FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

Secretary for Education and Manpower:

That the Construction Sites (Safety) (Amendment) Regulation 1995, made by the Commissioner for Labour on 25 October 1995, be approved.

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IV. BILLS

FIRST READING

1. Betting Duty (Amendment) Bill 1995
2. Estate Agents Bill
3. Inland Revenue (Amendment) (No.3) Bill 1995

SECOND READING

Debates to be adjourned

1. Secretary for Home Affairs	:	Betting Duty (Amendment) Bill 1995
2. Secretary for Housing	:	Estate Agents Bill
3. Secretary for the Treasury	:	Inland Revenue (Amendment) (No.3) Bill 1995

Debates to be resumed

4. Secretary for Economic Services	:	Merchant Shipping (Registration) (Amendment) Bill 1995
5. Secretary for Planning, Environment and Lands	:	Lands Tribunal (Amendment) Bill 1995

COMMITTEE STAGE AND THIRD READING

1. Secretary for Economic Services	:	Merchant Shipping (Registration) (Amendment) Bill 1995
2. Secretary for Planning, Environment and Lands	:	Lands Tribunal (Amendment) Bill 1995

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V. PRIVATE MEMBER'S MOTIONS

1. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. Edward HO :

That the Building (Administration) (Amendment) (No. 3) Regulation 1995, published as Legal Notice No. 466 of 1995 and laid on the table of the Legislative Council on 25 October 1995, be repealed.

Public Officers to attend : Secretary for Planning, Environment and Lands

Secretary for the Treasury

2. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. Albert CHAN :

That the Television (Royalty and Licence Fees) (Amendment) Regulation 1995, published as Legal Notice No. 479 of 1995 and laid on the table of the Legislative Council on 2 November 1995, be repealed.

Public Officers to attend :Secretary for Recreation and Culture

Secretary for the Treasury

3. VIETNAMESE MIGRANTS PROBLEM

Mrs. Selina CHOW : (Translation)

That, in view of the Governor’s statement in the Progress Report attached to this year’s Policy Address that it is unlikely Hong Kong will be able to close all Vietnamese migrants (VM) camps by early 1996 and that it has not been stated in the Policy Address how the problem of VM being stranded in the territory is to be resolved, this Council urges the Government to make known to the public as early as possible the specific timetable for the complete resolution of the VM problem in the territory before the change of sovereignty, to abolish as soon as possible Hong Kong’s status as a port of first asylum; and, having regard to the motion passed by this Council on 7 December 1994, to seek Britain’s commitment to resettle and take care of all VM not repatriated to Vietnam before 1 July 1997 and to make a claim to the United Nations High Commissioner for Refugees for all overdue payments to Hong Kong.

Amendment to Mrs. Selina CHOW's motion

Mr. LAW Chi-kwong : (Translation)

To delete “, to abolish as soon as possible Hong Kong’s status as a port of first asylum”.

Public Officer to attend : Secretary for Security

4. ENTRY VISA FOR TAIWAN VISITORS

Mr. YUM Sin-ling :

That in view of the competition faced by Hong Kong consequent upon the opening of the International Airport in Macau and, more importantly, of its visa-free entry policy for Taiwan visitors, the Administration should simplify the procedure for the application for entry visa by Taiwan visitors so as to safeguard the HK$14 billion income that Hong Kong earns yearly from these visitors and to secure the 40,000 jobs directly or indirectly affected.

Public Officer to attend : Secretary for Security

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