NM 95/96-16(2) LegCo Paper No. CB 408 /95-96

Revised version

OP 95/96-16(1) (Issued at 11.00 a.m. on 29.1.96)

THE LEGISLATIVE COUNCIL
ORDER PAPER

Wednesday, 31 January 1996 at 2.30 p.m.

---

I. PAPERS

Subsidiary Legislation

II. QUESTIONS
III. BILLS

FIRST READING
SECOND READING

• Debates to be adjourned
IV. MEMBER'S MOTIONS

1. PROTECTION OF WAGES ON INSOLVENCY ORDINANCE
2. POLICY ON CHINESE IMMIGRANTS
3. SHADOW GOVERNMENT

---

I. PAPERS

---

II. QUESTIONS

1. Mr. Ambrose LAU to ask :

Will the Government inform this Council whether there is any disparity in the conditions of service between local judicial officers and expatriate judicial officers, particularly in regard to leave and passage benefits; if so, what the reasons are and whether the Government will eliminate such disparity in treatment?

Public Officer to reply : Chief Secretary

2. Mr. LAU Chin-shek to ask : (Translation)

Recently, some participants of the training course on elementary clerical skills organised by the Employees Retraining Board have complained about the Civil Service Branch not recognising the certificate they have obtained on completing the course as fulfilling the entry requirement for junior clerical posts in government departments and subvented organisations. In this connection, will the Government inform this Council:

1. whether the Government will consider accepting "work competence and knowledge of skills" as a substitute for the academic qualifications currently adopted by the Government as the entry requirement for the above-mentioned posts; if not, why not;
2. of the annual number of persons who have completed retraining and who have been employed by government departments and subvented organisations respectively since the establishment of the Employees Retraining Scheme, as well as the proportion of such retrainees to the total number of persons who have completed retraining in each of the years over the same period;
3. whether the Government has any policy requiring government departments and subvented organisations to take the lead in employing persons who have completed retraining; and
4. whether the Government has any plan to hold discussions with the Employees Retraining Board on the development of retraining courses with a view to facilitating the Government employing more persons who have completed retraining?

Public Officer to reply : Secretary for the Civil Service

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

It is learnt that some Hong Kong dollar notes issued by the Hongkong Bank bearing no signatures or having identical serial numbers have recently been found in the "misprinted Hong Kong dollar notes" market. In this connection, will the Government inform this Council:

1. of the respective quality control systems adopted by the territory's three note-issuing banks in the bank notes printing process;
2. whether the Government monitors such quality control systems; and
3. whether the Government has approached the note-issuing bank concerned to find out the causes for the misprint of the notes and to suggest ways for improvement?

Public Officer to reply : Secretary for Financial Services

4. Mr. James TIEN to ask :

It is learnt that in his Report of the Investigation on Accommodation for Foreign Domestic Helpers, the Commissioner for Administrative Complaints has made certain recommendations on how to ensure that foreign domestic helpers are provided with reasonable accommodation by their employers. Will the Government inform this Council whether it accepts that it is within the authority of the Commissioner for Administrative Complaints to make such recommendations; and, if so, on what basis?

Public Officer to reply : Chief Secretary

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

It is reported that the proposed Western Corridor project is scheduled for completion in 2001, and that the whole railway project will involve taking up 1.3 million square metres of private land. In this connection, will the Government inform this Council:

1. of the proposed timing for the commencement of this large-scale land resumption programme as well as the estimated time required to complete the entire land resumption process;
2. whether the Government has assessed the difficulties which may arise in the land resumption process; if so, what are the details and what measures will be adopted by the relevant departments to ensure that the land resumption programme can be completed on schedule; and
3. what is the timetable for the construction of the entire Western Corridor, and what measures will be taken by the Government to ensure that the railway project can be completed in 2001 as scheduled?

Public Officer to reply : Secretary for Transport

6. Mr. James TO to ask : (Translation)

According to the targets set out in the Performance Pledge of the Fire Services Department, ambulances should arrive at the scene within the standard ten-minute travelling time in 93.5% of all emergency ambulance calls and that fire engines should arrive at the scene within the standard six-minute response time in 90% of all fire calls. In this connection, will the Government inform this Council of:

1. the criteria adopted for determining the standard ten-minute travelling time for ambulances;
2. the reasons for taking six minutes as the standard response time for fire engines and ten minutes as the standard travelling time for ambulances;
3. the reasons why the activation time of a fire call is included in the standard six-minute response time for fire engines, whereas the standard ten-minute time for ambulances takes account of the travelling time only; and
4. a breakdown of the number of ambulances despatched in response to emergency calls which are able to arrive at the scene within ten, 15, 20 minutes or a longer time respectively (i.e. from the time of the receipt of calls by the Fire Services Communication Centre to the time of arrival of the first ambulance) in each of the past three years, as well as their respective proportions to the total number of ambulances despatched?

Public Officer to reply : Secretary for Security

* 7. Mr. Bruce LIU to ask : (Translation)

At present, the Small Claims Tribunal only has jurisdiction to hear claims which do not exceed the amount of $15,000, whereas the District Court is empowered to hear civil claims of up to a limit of $120,000. In this connection, will the Government inform this Council:

1. when the above-mentioned limits were set;
2. of the criteria adopted for determining these limits; and
3. whether these limits are subject to regular review, and whether consideration will be given to raising such limits?

Public Officer to reply : Chief Secretary

* 8. Mr. Howard YOUNG to ask :

Will the Government inform this Council whether it has conducted any study on the viability and feasibility of promoting "home care" for hospital patients who can be provided with medical and nursing services at home rather than in hospital; if so, what is the outcome of the study?

Public Officer to reply : Secretary for Health and Welfare

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

The Government has planned to build Route 7 in Southern District back in 1988 to relieve traffic congestion in the district. However, it is learnt that the project is still in Category C of the Public Works Programme. In this connection, will the Government inform this Council:

1. whether it has any plan to upgrade the project in the near future; if not, why not; and
2. what interim and long-term measures will be adopted to improve the traffic congestion problem in Southern District, and which of those measures can be implemented first?

Public Officer to reply : Secretary for Transport

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

It is reported that a total of five police officers have committed suicide last year, with three cases taking place in December alone. The number of such suicide cases in 1995, as compared with that in 1993 and 1994 which stood at one and three respectively, represents an increase of 400% and 60% respectively. This has aroused concern among the public as well as within the Police Force. In this connection, will the Government inform this Council:

1. of the respective number of police officers who have committed and who have attempted to commit suicide in each of the past three years;
2. what measures the Police Force will take to prevent the occurrence of similar incidents;
3. how many cases requiring counselling are handled by the two clinical psychologists in the Police Force daily; and whether, given that in non-urgent cases police officers requiring counselling have to wait for at least one to two weeks before they are seen by the clinical psychologists, the Government will consider increasing the establishment of clinical psychologists in order to increase the counselling service; and
4. whether, in view of the concern among some officers that promotion prospects of those who have received counselling may be jeopardised if their counselling records are passed to the Force management, the Police Force will ensure that such records will not be taken into consideration in the assessment for promotion process?

Public Officer to reply : Secretary for Security

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

In October last year, the Education Department rejected the application of the Christian Ching Sang Church to establish a special school for teenage drug addicts. In this connection, will the Government inform this Council:

1. of the reasons for rejecting the application of the Christian Ching Sang Church to establish the special school;
2. of the number of rehabilitated teenage drug addicts returning to mainstream education, as well as the number of such students who have subsequently dropped out, in each of past three years;
3. whether there have been any cases of a school refusing to admit rehabilitated or addicted teenagers in the past three years; if so, what is the number of such cases in each of the past three years and what are the reasons for refusal; and
4. whether any practical assistance is provided to rehabilitated students in helping them to integrate into mainstream education; if not, whether consideration will be given to providing additional resources and allowances for schools which have admitted rehabilitated students, requiring teachers of these students to receive special training, requesting such schools to provide special counselling to these students and arranging regular home visits?

Public Officer to reply : Secretary for Education and Manpower

*12. Dr. C.H. LEONG to ask :

Will the Administration inform this Council:

1. whether there is any legislation currently in operation governing the transportation of substances containing asbestos, such as dismantled building wastes;
2. if the answer to (a) is in the affirmative, which government department is responsible for enforcing the law; what is the number of prosecutions instituted against those in breach of the law in the past three years; and what is the average as well as the range of penalty imposed on those convicted;
3. if the answer to (a) is in the negative, whether the Government will introduce legislation to control the transportation of substances such as asbestos dust which is harmful to health; and
4. when will Parts VIII and IX of the Air Pollution Control Ordinance, dealing with control of environmental asbestos and asbestos control work, which were enacted in February 1993, be brought into operation; and what have been the reasons for the delay?

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

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

Regarding the incident which occurred in Kwun Tong in October last year in which a siren-sounding police car struck down and killed a pedestrian who was crossing the road whilst the pedestrian signal was displaying the green light, will the Government inform this Council:

1. of the code of practice governing police officers using the siren in police cars;
2. whether siren-sounding police cars will be exempted from legal liability in the event of such cars being involved in traffic accidents;
3. whether there is any safety code on siren-sounding police cars passing through pedestrian crossings; if so, what the details are; if not, why not; and
4. what specific measures have been put in place to prevent similar incidents from occurring?

Public Officer to reply : Secretary for Security

*14. Dr. David LI to ask :

In regard to the visits to the territory by ministers from overseas countries arranged under the Information Services Department's Sponsored Visitors' Programme, will the Government inform this Council of the following:

1. what is the total number of such visits arranged by the Information Services Department in the past three years; and what is the number of such visits where the programme of activities has included meetings with Members of this Council;
2. what is the total amount of expenditure incurred by the Government in connection with such visits in the past three years;
3. what follow-up actions, if any, have been taken by the visitors in reflecting the territory's political, social, and economic developments to their respective Governments; and
4. whether any assessment has been made to determine the value and benefits of such visits?

Public Officer to reply : Secretary for Home Affairs

*15. Dr. Samuel WONG to ask :

With the enactment of the Building (Energy Efficiency) Regulation in July last year, the submission of Overall Thermal Transmission Value (O.T.T.V.) calculations on prescribed forms, along with the submission of building plans, has become a statutory requirement. In this connection, will the Government inform this Council:

1. how many O.T.T.V. submissions have been received by the Buildings Department in the past six months; and
2. of the submissions referred to in (a), how many have been approved by the Buildings Department, how many have been rejected necessitating re-submission, and how many are in respect of existing buildings requiring renovation/redecoration work that would affect the O.T.T.V.?

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

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

Will Government inform this Council of the following:

1. what legislation or administrative measures are in place to monitor the hanging of signboards outside buildings; whether such legislation and measures impose any limit on the size of signboards; if not, whether it will consider introducing legislation to that effect;
2. whether it will consider introducing legislation requiring the commercial establishments concerned to take out insurance on their signboards hanging outside buildings, so as to ensure that victims will be compensated in the event of an accident;
3. what measures it has taken to ensure that worn-out or out-dated signboards will be disposed of without using public funds; and
4. whether it will consider imposing charges on those signboards occupying public space?

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

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

As there is only one main road connecting Fo Tan in Shatin with other districts, any congestion on that road may cause delay to rescue work in the event of fire or accident. In this connection, will the Government inform this Council whether:

1. it has any contingency plan to cope with the above situation such as calling in the Government Flying Service for assistance, and whether there is any place within the district which can be used for landing and take-off by helicopters; and
2. consideration will be given to building more roads to link up Fo Tan with other districts so as to improve the traffic situation in the district?

Public Officer to reply : Secretary for Transport

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

In regard to the closing down of rural primary schools, will the Government inform this Council:

1. of the number of rural primary schools at present;
2. what is the total number of rural primary schools which have closed down over the past three years, and how many rural primary schools are expected to close down in the coming year; and what is the proportion of these schools to the total number of rural primary schools in the territory;
3. of the reasons for the closure of these schools;
4. of the arrangements made for the pupils and teaching staff affected by the closure of these schools; and
5. whether the Government has any comprehensive policy on rural primary schools, and whether consideration will be given to converting existing half-day rural primary schools into whole-day schools to facilitate the development of such schools?

Public Officer to reply : Secretary for Education and Manpower

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

It is learnt that the new Airport at Chek Lap Kok will be completed and inaugurated in April 1998, while the Airport Railway will not be ready until June of that year. In order to fill the two-month 'vacuum' period, the Government will make arrangements for the deployment of 180 buses to provide services to passengers. In this connection, will the Government inform this Council:

1. whether the Government has formulated any plan for such deployment; if so, what are the details;
2. what measures will be taken to ensure that such deployment will not affect normal public bus services; and
3. whether consideration has been given to the adoption of effective measures which will enable the Airport Railway to be completed earlier to tie in with the inauguration of the new Airport?

Public Officer to reply : Secretary for Transport

*20. Mr. Bruce LIU to ask : (Translation)

Under the Probate and Administration Ordinance, the survivor(s) of a deceased person may request the Official Administrator to administer an estate in a summary manner if it does not exceed $50,000 in total value. In this connection, will the Government inform this Council:

1. when the limit of $50,000 was set, and what criteria were adopted for determining such a limit;
2. whether the limit is subject to regular review and whether consideration will be given to raising that limit; and
3. how many people have requested the summary administration of estates in each of the past three years?

Public Officer to reply : Secretary for Home Affairs

* For written reply.

---

III. BILLS

FIRST READING

1. Biological Weapons Bill
2. Criminal Procedure (Amendment) Bill 1996
3. Mental Health (Amendment) Bill 1996
4. Environmental Impact Assessment Bill

SECOND READING

Debates to be adjourned

1. Secretary for Security : Biological Weapons Bill

2. Secretary for Security : Criminal Procedure

(Amendment) Bill 1996

3. Secretary for Security : Mental Health (Amendment)Bill 1996

4. Secretary for Planning, Environment and Lands : Environmental Impact Assessment Bill

---

IV. MEMBER'S MOTIONS

1. PROTECTION OF WAGES ON INSOLVENCY ORDINANCE

Mr. LEE Cheuk-yan :

(See Resolution at Annex I)

Amendment to Mr. LEE Cheuk-yan 's motion

Secretary for Education and Manpower :

(See Amendment at Annex II)

2. POLICY ON CHINESE IMMIGRANTS

Mr. LAW Chi-kwong : (Translation)

That, in view of the fact that more than 53,000 immigrants are arriving from China annually, this Council urges the Government to expeditiously formulate a comprehensive policy to assist these Chinese immigrants in adjusting to the local way of life and establishing a sense of belonging in Hong Kong as soon as possible; and to make provisions in the relevant policies in anticipation of the impact on the community which may be brought about by the possible influx, within a short period after 1 July 1997, of tens of thousands of children from China, who will have the right of abode in Hong Kong under the Basic Law.

Public Officers to attend : Secretary for Home Affairs Secretary for Education and Manpower
Secretary for Housing
Secretary for Health and Welfare

3. SHADOW GOVERNMENT

Miss Emily LAU : (Translation)

That, in view of the public"s lack of confidence in the vague promise made by the Chinese officials that a 'second power centre' will not be established in Hong Kong, and their fear that the Chinese Government will unilaterally form a 'shadow government', thereby resulting in the continuation of colonial rule in Hong Kong after 1 July 1997, this Council urges the Chinese Government to immediately make preparation for the Chief Executive and Members of the Legislative Council of the Hong Kong Special Administrative Region (HKSAR) to be elected on the basis of one person one vote, and to allow all people of Hong Kong to fully participate in the formation of the HKSAR Government.

Amendments to Miss Emily LAU 's motion

1. Mr. Bruce LIU : (Translation)

To delete "view of the public"s lack of confidence in the vague promise made by the Chinese officials that a "second power centre" will not be established in Hong Kong, and their fear that the Chinese Government will unilaterally form a "shadow government", thereby resulting in the continuation of colonial rule in Hong Kong after 1 July 1997," and substitute with "order to avoid Hong Kong being subjected to colonial rule after 1 July 1997 and to give effect to the principle of "Hong Kong people ruling Hong Kong""; to delete "Chinese" after "this Council urges the" and substitute with "British"; to delete "immediately make preparation for" and substitute with "raise with the Chinese Government that the Selection Committee with wide representation should be formed by way of election in accordance with the Basic Law, and that amendments should be made to the Basic Law expeditiously after 1 July 1997 in order that"; and to delete all the words after "Members of the Legislative Council" and substitute with "will be directly elected by universal suffrage".

2. Mr. David CHU : (Translation)

To delete ", in view of the public"s lack of confidence in the vague promise made by the Chinese officials that a" and substitute with "this Council acknowledges the assurances from the Chinese officials that there will be no"; to delete "will not be established"; and to delete all the words after "in Hong Kong" and substitute with "and that it will cooperate with the Preparatory Committee in achieving a smooth transition, in nominating the Chief Executive and in forming the first Legislative Council of the Special Administrative Region according to the methods laid down in the Basic Law".

3. Mr. IP Kwok-him : (Translation)

To delete "in view of the public"s lack of confidence in the vague promise made by the Chinese officials that" and substitute with "as the Chinese officials have clearly promised that the Preparatory Committee of the Hong Kong Special Administrative Region (HKSAR) will not become"; to delete "will not be established in Hong Kong, and their fear that the Chinese Government will unilaterally form a "shadow government", thereby resulting in the continuation of colonial rule in Hong Kong after 1 July 1997"; to delete "Chinese" after "this Council urges the" and substitute with "Hong Kong"; and to delete "for the Chief Executive and Members of the Legislative Council of the Hong Kong Special Administrative Region (HKSAR) to be elected on the basis of one person one vote, and to allow all people of Hong Kong to fully participate in the" and substitute with "to co-operate fully with the Preparatory Committee, so as to ensure the smooth".

Public Officer to attend : Secretary for Constitutional Affairs

---