Revised version
OP 96/97-19(1)
(Issued at 11:00 am on 17.2.97)

The Legislative Council
Order Paper

Wednesday 19 February 1997 at 2:30 pm

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I. Papers
Sessional Papers 1996-97
II. Questions
III. Government Bills

First Reading
Second Reading
• Debates to be adjourned
IV. Members' Motions
V. Members' Bills
First Reading
Second Reading
• Debates to be adjourned

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I. Papers

Subsidiary Legislation	L.N. NO
1. Whaling Industry (Regulation) Regulation	48/97
2. Specification of Arrangements (Government of the Kingdom of the Netherlands Concerning Air Services) (Double Taxation) Order	49/97
3. Road Traffic (Public Service Vehicles) (Amendment) Regulation 1997	50/97
4. Road Traffic (Public Service Vehicles)(Amendment) (No.2) Regulation 1997	51/97
5. Antiquities and Monuments (Declaration of Monument) Notice 1997	52/97
6. Control of Chemicals Ordinance (Amendment of Schedules) Order 1997	53/97
7. Securities and Futures Commission (Annual Returns) (Amendment) Rules 1997	54/97
8. Leveraged Foreign Exchange Trading (Annual Returns) (Amendment) Rules 1997	55/97
9. Companies (Amendment) Ordinance 1995 (83 of 1995) (Commencement) Notice 1997	56/97
10. Companies (Forms) (Amendment) Regulation 1995 (L.N.375 of 1995) (Commencement) Notice 1997	57/97
11. Companies (Amendment) Ordinance 1997 (3 of 1997)(Commencement) Notice 1997	58/97
12. Banking (Amendment) Ordinance 1997 (4 of 1997)(Commencement) Notice 1997	59/97
13. Employees Retraining (Amendment) Ordinance 1997(5 of 1997) (Commencement) Notice 1997	60/97
14. Official Languages (Authentic Chinese Text)(Perpetuities and Accumulations Ordinance) Order	(C) 7/97
15. Official Languages (Authentic Chinese Text)(Evidence Ordinance) Order	(C) 8/97
16. Places of Public Entertainment (Amendment)Regulation 1997	61/97
17. Official Languages (Alteration of Text Under Section 4D) (No.3) Order 1997	62/97
18. Official Languages (Alteration of Text)(Pharmacy and Poisons Ordinance) Order 1997	63/97
19. Administration of Justice (Miscellaneous Provisions) Ordinance 1997 (1 of 1997)(Commencement) Notice 1997	64/97
20. Official Languages (Authentic Chinese Text)(Pharmacy and Poisons Ordinance) Order	(C) 9/97
21. Employees Retraining Ordinance (Amendment of Schedule 2) Notice 1997	65/97
22. Ozone Layer Protection (Amendment) Ordinance 1997 (6 of 1997) (Commencement) Notice 1997	66/97

Sessional Papers 1996-97

1. No.64 -

The Hong Kong Academy for Performing Arts Annual Report 1995-1996, Financial Statements and Auditor's Report for the year ended 30th June 1996

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

2.No. 65 -

Hong Kong Arts Development Council Annual Report April 1, 1995 - March 31, 1996

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

3. No.66 -

Secretary for Home Affairs Incorporated Statement of Accounts for the year ended 31 March 1996

(to be presented by the Secretary for Home Affairs)

4. No.67 -

Li Po Chun Charitable Trust Fund Annual Report for the period 1st September 1995 to 31st August 1996

(to be presented by the Secretary for Home Affairs)

II. Questions

1.Mr James TO to ask :(Translation)

With regard to recent reports that the remuneration for staff of the Hawker Control Team (HCT) is higher than that for the rank and file police officers, will the Government inform this Council:

1. of the minimum and maximum points in the pay scales for various ranks in the HCT (and the former General Duties Team), as well as those for various ranks of the rank and file grades in the disciplined services (including the Police Force, Fire Services Department, Customs and Excise Department, Immigration Department and Correctional Services Department) in the past ten years;

2. of the factors taken into consideration in determining the remuneration for staff of the HCT;

3. of the assessment mechanism adopted in determining the pay levels of the HCT; and

4. whether it will review the remuneration and benefits in respect of the rank and file police officers?

Public Officer to reply :Secretary for the Civil Service

2.Mr Michael HO to ask : (Translation)

According to the estimate of the Territorial Development Strategy Review, the population of Hong Kong will be close to 8.1 million by the year 2011, which represents an increase by one-third over the present population. In this connection, will the Government inform this Council:

1. of the plans in place to expand the local medical services, so as to meet the demands from the future population;

2. whether any proposals has been submitted by the Hospital Authority to the Government regarding the provision of medical services to tie in with the increasing population; if so, what the specific details are; and

3. when it will publish the estimated figures on the distribution of population in various districts, and whether the Hospital Authority will implement its plans to build new hospitals after the publication of such information?

Public Officer to reply :Secretary for Health and Welfare

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

According to the Civil Service Personnel Statistics published annually by the Civil Service Branch, within the eight-year period from 1987/88 to 1994/95, a total of 844 civil servants were required by the Government to go on compulsory retirement under Colonial Regulations (the Regulations). Of these 844 civil servants, 812 (96%) were local officers and 32(4%) were overseas officers. Moreover, more than 200 officers were on compulsory retirement each year from 1990/91 to 1992/93. In this connection, will the Government inform this Council:

1. of the main reasons for the comparatively greater number of civil servants required to go on compulsory retirement from 1990/91 to 1992/93 than those in other years within the above mentioned period;

2. which salary groups the above mentioned 800-plus officers on compulsory retirement were in mostly, and how many of them were of directorate and disciplined grades respectively; and

3. of the major factors taken into consideration when applying the Regulations to ask these officers to go on compulsory retirement?

Public Officer to reply :Secretary for the Civil Service

4. Mr LEE Cheuk-yan to ask :(Translation)

As revealed in the findings of the General Household Survey, the problem of unemployment is particularly serious among young people, with an unemployment rate as high as 12% for the 15-19 age group. In this connection, will the Government inform this Council, whether it has formulated any comprehensive plan to solve the problem of high unemployment rate among young people?

Public Officer to reply:Secretary for Education and Manpower

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

It is learnt that the Hong Kong University of Science and Technology (HKUST) solicited bank loans to build residential halls for renting to post-graduates. It has also made new arrangement that post-graduates receiving the grants of studentship are required to reside in such halls and the university will later deduct monthly hall fees from the grants of studentship. For those post-graduates who refuse to reside in the residential halls will receive less amount of grants of studentship. In this connection, does the Government know:

1. whether the University Grants Committee (UGC) has monitored the loans raised by tertiary institution from outside organisations for construction of campus facilities and residential halls, as well as the manner in which the debts concerned will be repaid; and

2. given that the deduction of hall fees from the grants of studentship might be regarded as a disguised move to subsidise the institution to repay its debts incurred from bank loans for building residential halls at the public expense, whether the authority concerned will regulate such practice so as to avoid the abuse of resources for higher education?

Public Officer to reply : Secretary for Education and

Manpower

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

Is the Government aware of the following:

1. the total number of magnetic resonance imaging scanners in public hospitals and their distribution;

2. the respective percentages of time when these scanners were in operation, inactive, under maintenance and out of order in the past year;

3. the average and longest waiting time in-patients and outpatients have to wait for scanning service respectively in the past year;

4. the number of patients scanned in the past year, together with the number of scannings identified to have been inappropriately utilised; and

5. of the plans put in place by the Hospital Authority to improve its scanning service?

Public Officer to reply :Secretary for Health and Welfare

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

In its report on the "Parking Demand Study", the Government forecast that the number of motorcycles would still be on the rise and that there would be an acute shortage of parking spaces for motorcycles. In this connection, will the Government inform this Council:

1. whether, given that motorcycles are generally not accepted by private car parks at the moment, it will specify the proportion of parking spaces for various categories of vehicles when land is granted for vehicle parking purpose in future; if not, why not; and

2. whether, in reviewing the standards for the provision of parking and loading/unloading facilities laid down in the "Hong Kong Planning Standards and Guidelines",
   1. it will increase the number of motorcycle parking spaces in both public and private residential developments and specify the minimum number of motorcycle parking spaces in commercial developments; if not, why not; and

   2. it will revise the standards for the dimensions of parking spaces for motorcycles so as to accommodate larger motorcycles; if not, why not?

Public Officer to reply :Secretary for Transport

* 8.Mr LAW Chi-kwong to ask :

Regarding residential services provided for disabled persons in residential care homes, will the Government inform this Council:

1. whether residential services such as the community assessment service and the provision of visiting medical officers - which are provided in the majority of care and attention homes for elderly people - will be extended to residential care homes for disabled persons, including aged blind homes, care and attention homes for severely disabled persons and long-stay care homes for ex-mentally ill persons; if not, of the reasons for the disparity between the service provision in residential care homes for disabled persons and that for able-bodied persons;

2. whether the disabled persons in residential care homes are required to receive annual medical examination as stipulated under section 34 of the Residential Care Homes (Elderly Persons) Regulation, if so, of the measures taken by the Government to facilitate the disabled persons in residential care homes receiving such examination; and

3. of the plans in place to strengthen community assessment and medical support services for disabled persons in residential care homes?

Public Officer to reply :Secretary for Health and Welfare

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

Upon the completion of the consultation period of the Education Commission Report No.5, the Education Commission proposed that there should be a library in every primary school. In this connection, will the Government inform this Council of the following:

1. the number of primary schools provided with a library at present;

2. whether the Government still maintains that the above proposal is necessary and worthwhile;

3. whether consideration will be given to formulating policy to implement the above proposal; if so, of the estimated amount of funds to be allocated for this purpose, and whether sufficient funds will be provided for each primary school; and

4. whether a relevant programme for the implementation of this proposal has been drawn up; if so, what the details are?

Public Officer to reply:Secretary for Education and Manpower

*10.Mr Albert CHAN to ask : (Translation)

To take advantage of the recent boom in the property market, many real estate agents step up publicity by hiring children of ten or so to distribute promotional leaflets to passers-by in busy districts during holidays. In this connection, will the Government inform this Council:

1. whether it is in breach of law for the real estate agents to hire children under the age of 13 to distribute promotional materials; if so, of the number of prosecutions brought against real estate agents for such offences in the past year together with the number of successful prosecutions; and

2. of the measures will be taken to prevent employers from hiring children under the age of 13?

Public Officer to reply:Secretary for Education and Manpower

*11.Miss Christine LOH to ask :

Hong Kong has arrangements with some 90 countries for the surrender of fugitive offenders, and these arrangements will lapse on 1 July this year. It is learnt that the Government has set a target of establishing 20 bilateral agreements with the countries concerned before that date, but so far only 6 such agreements have been signed and the remaining 14 are still under negotiation. In this connection, will the Government inform this Council:

1. of the progress of the on-going negotiations with the 14 countries concerned, and the number of bilateral agreements expected to be signed before 1 July this year;

2. of the reasons for the delay in completing the negotiation with the United Kingdom which is among the 14 countries mentioned above; and whether the Government will give an assurance that the negotiation will be successfully completed; and

3. whether the existence of a bilateral agreement for the surrender of fugitive offenders after 30 June 1997 is a pre-condition set by some countries before they would consider granting visa-free entry status for British National (Overseas)/Hong Kong Special Administrative Region passport holders; if so, which countries are these?

Public Officer to reply :Secretary for Security

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

It is learnt that in order to abate the nuisance caused by noises, the Education Department has installed air-conditioning systems in the affected primary schools and provided a limited amount of subsidy for such schools to pay the electricity charges. Despite the ever increasing electricity charges, the authorities concerned have neither reviewed the situation nor raised the amount of the subsidy. As a result, measures such as cutting back on air-conditioning time and even abandoning the use of air-conditioning have been adopted by the management of some primary schools so as to avoid excessive payment on electricity charges. In view of this, will the Government inform this Council whether it will consider:

1. reviewing the amount of subsidy for paying the electricity charges in connection with the use of air-conditioning in the above-mentioned primary schools so as to solve the financial problem brought about by the adjustments of electricity charges; and

2. increasing the amount of the subsidy on a temporary basis so as to alleviate the financial burden on schools due to the adjustments of electricity charges if the review mentioned above cannot be completed before this summer?

Public Officer to reply:Secretary for Education and Manpower

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

It is learnt that the Mass Transit Railway Corporation (MTRC) plans to pay a dividend to the Government this year. In this connection, does the Government know:

1. whether the decision to pay a dividend was made by the MTRC on its own initiative or in response to the Government's request, and what the major reasons for such decision are;

2. of the total amount of the dividend to be paid; and

3. in view of the plans of the MTRC to spend more than a billion dollars on a phased refurbishment of its train cars in the middle of the year, to carry out improvement works to ease congestion at the Quarry Bay station, to raise funds for the construction of the Tseung Kwan O extension, as well as to repay the loan for the Airport Railway, whether the decision to pay a dividend to the Government this year will result in additional financial burdens on the MTRC and cause the company to run into greater debts?

Public Officer to reply :Secretary for the Treasury

*14.Miss Emily LAU to ask :

Will the Government inform this Council whether there are plans to close off Victoria Park, other parks and open areas in June this year prior to the transfer of sovereignty; if so, of the details of such plans and the justifications for the closure?

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

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

Is the Government aware of the following data in respect of intensive care units (general and specialist services) in public hospitals:

1. the respective number of beds in each of these units and the number of patients admitted into these units in each of the past three years;

2. the establishment and strength of medical practitioners and nursing staff in each of these units respectively;

3. the year of service of the electronic monitoring system in each of these units; and

4. which of these units are not provided with separate offices and storerooms?

Public Officer to reply :Secretary for Health and Welfare

*16.Mr CHIM Pui-chung to ask :(Translation)

Does the Government know:

1. whether all dealings in the stock market transacted with "legal tender in cash" would not be considered by the Securities and Futures Commission as manipulating the market;

2. of the currencies regarded as "legal tender in cash"; and

3. whether there are legislation or regulations which allow dealings in stock and shares not being transacted with "legal tender in cash"?

Public Officer to reply :Secretary for Financial Services

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

Regarding the unfounded press release issued by the Information Services Department on 21 January this year concerning the Hospital Authority, will the Government inform this Council of:

1. the ranking of officers in the Information Services Department who are usually responsible for issuing "press releases" and "service items";

2. how the mechanism monitoring the dissemination of information by the Information Services Department operates;

3. whether, in order to avoid mistakes and omissions during the process of information dissemination which would cause public alarm, the Information Services Department has arranged for reports on certain sensitive or important events or news to be examined by higher ranking officers before their release; and

4. whether it has investigated the above-mentioned incident; if so, when and in what ways the investigation results will be published?

Public Officer to reply :Secretary for Home Affairs

*18.Mr SIN Chung-kai to ask :(Translation)

It is reported that some banks are offering 40-year mortgage loans to property buyers. In this connection, will the Government inform this Council whether:

1. the Government has laid down any guidelines on mortgage repayment terms offered by banks to property buyers; if so, of the longest mortgage repayment term at present; if not, of the longest mortgage repayment terms offered by banks in each of the past three years;

2. it has information on the longest mortgage repayment terms offered by banks to property buyers in countries like Britain, the United States and Japan;

3. the offering of a 40-tear mortgage repayment term will increase the risks of banks; if so, what the risks are; if not, why not; and

4. the offering of a 40-year mortgage repayment term will give rise to more speculations on newly completed flats?

Public Officer to reply :Secretary for Financial Services

*For written reply.

III. Government Bills

First Reading

1. Nurses Registration (Amendment) Bill 1997

2. Midwives Registration (Amendment) Bill 1997

3. Immigration (Amendment) Bill 1997

Second Reading

Debates to be adjourned

IV. Members' Motions

1.Employees' compensation system

Mr LEE Cheuk-yan :(Translation)

That this Council urges the Government to carry out a comprehensive review of the employees' compensation system in Hong Kong so as to achieve the following policy objectives:

1. to ensure that the family members of those who suffer injuries or die in work-related accidents are given a reasonable level of compensation, by amending the Employees' Compensation Ordinance;

2. to establish a central employees' compensation fund so that the victims of industrial accidents can have more comprehensive protection;

3. to set up a work-related injuries adjudication tribunal to settle relevant disputes in an expeditious, inexpensive and simple manner; and

4. to improve the existing assistance system for victims of work-related injuries so that they can be given adequate assistance in circumstances where employers have not taken out insurance and are unable to pay compensation.

Amendment to Mr LEE Cheuk-yan's motion

Mr CHAN Kam-lam :(Translation)

To delete "carry out a" and substitute with "make"; to delete "review of" and substitute with "improvement to"; to delete "so as to achieve the following policy objectives" and substitute with "which should include the following"; to delete "to ensure that the family members of those who suffer injuries or die in work-related accidents are given a reasonable level of compensation, by amending the Employees' Compensation Ordinance" and substitute with "to expeditiously implement the recommendations of the Labour Advisory Board regarding amendments to the Employees' Compensation Ordinance"; to add "and their family members" after "so that the victims of industrial accidents"; to delete "to set up a work-related injuries adjudication tribunal to settle relevant disputes in an expeditious, inexpensive and simple manner" and substitute with "to streamline the existing procedures in respect of compensation claims for work-related injuries".

Public Officer to attend :Secretary for Education and Manpower

2.Preparatory Committee's resolution proposing the repeal of provisions in civil rights-related laws

Dr YEUNG Sum :(Translation)

That this Council strongly condemns the Preparatory Committee for resolving to propose the repeal of those provisions in the Societies Ordinance and Public Order Ordinance which were amended consequent upon the enactment of the Hong Kong Bill of Rights Ordinance, and certain important provisions in the Hong Kong Bill of Rights Ordinance and Personal Data (Privacy) Ordinance; and requests the Standing Committee of the National People's Congress of the People's Republic of China to reject the proposal in order not to seriously damage the legislation safeguarding Hong Kong's human rights and freedom, or to seriously tarnish the territory's good reputation in the rule of law.

Amendment to Dr YEUNG Sum's motion

Mr Edward HO : (Translation)

To add "in the interest of a smooth transition," after "That"; to delete "strongly condemns the Preparatory Committee for resolving to propose the repeal of those provisions in the Societies Ordinance and Public Order Ordinance which were amended consequent upon the enactment of the Hong Kong Bill of Rights Ordinance, and certain important provisions in the Hong Kong Bill of Rights Ordinance and Personal Data (Privacy) Ordinance; and"; to delete "to reject", and substitute with "not to accept or implement"; to delete "in order not to seriously damage the legislation safeguarding Hong Kong's human rights and freedom, or to seriously tarnish the territory's good reputation in the rule of law", and substitute with "of the Preparatory Committee regarding the repeal of certain provisions of the Societies Ordinance, the Public Order Ordinance, the Personal Data (Privacy) Ordinance and the Hong Kong Bill of Rights Ordinance".

Public Officer to attend :Secretary for Home Affairs

V. Members' Bills

First Reading

1. Employment (Amendment) Bill 1997

2. Medical Registration (Transitional Provisions) Bill 1997

3. The Hong Kong Institute of Housing Bill

4. Immigration (Amendment) (No. 2) Bill 1997

Second Reading

Debates to be adjourned

1. Employment (Amendment) Bill 1997	:	Mr LEE Cheuk-yan
Public Officer to attend	:	Secretary for Education and Manpower
2. Medical Registration (Transitional Provisions) Bill 1997	:	Mrs Selina CHOW
Public Officer to attend	:	Secretary for Health and Welfare
3. The Hong Kong Institute of Housing Bill	:	Mr Edward HO
Public Officer to attend	:	Secretary for Housing
4. Immigration (Amendment) (No. 2) Bill 1997	:	Miss CHAN Yuen-han
Public Officer to attend	:	Secretary for Security