Revised version

OP 96/97-27(1)
(Issued at 11:00 am on 21.4.97)

The Legislative Council
Order Paper
Wednesday 23 April 1997 at 2:30 pm

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I. Papers
Sessional Papers 1996-97
II. Questions
III. Government Motions
1. Western Harbour Crossing Ordinance and Interpretation and General Clauses Ordinance
2. Bankruptcy Ordinance
3. Bankruptcy Ordinance
4. Companies Ordinance
5. Companies Ordinance
IV. Government Bills
First Reading
Second Reading
• Debates to be adjourned
• Debates to resume
Committee Stage and Third Reading
V. Members' Motions
1. Interpretation and General Clauses Ordinance
2. Annual Report on Hong Kong 1996 to Parliament
3. Bus franchise
VI. Members' Bills
First Reading
Second Reading
• Debates to be adjourned

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I. Papers

Subsidiary Legislation	L.N. NO
1. Road Traffic (Public Service Vehicles) (Amendment) Regulation 1997 (Amendment) Regulation 1997	135/97
2. Road Traffic (Public Service Vehicles) (Amendment) (No.4) Regulation 1997	136/97
3. Tsing Ma Control Area (Tolls, Fees and Charges) Regulation	137/97
4. Ferry Services (Hongkong and Yaumati Ferry Company, Limited) (Determination of Fares) (Amendment) Order 1997	138/97
5. Ferry Services (The "Star" Ferry Company, Limited) (Determination of Fares) (Amendment) Order 1997	139/97
6. Building Management (Fees) (Amendment) Regulation 1997	146/97
7. Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 1997 (Amendment) Regulation 1997	147/97
8. Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No.2) Regulation 1997	148/97
9. Road Traffic (Public Service Vehicles) (Amendment) (No.5) Regulation 1997	149/97
10. Air Navigation (Hong Kong) (Amendment of Schedule 16) Order 1997	150/97
11. Declaration of Mental Hospital (Consolidation) (Amendment of Schedule) Order 1997	151/97
12. Hospital Authority Ordinance (Amendment of Schedules) Order 1997	152/97
13. Official Languages (Alteration of Text Under Section 4D) (No.12) Order 1997	153/97
14. Places for Post-Mortem Examination (Amendment) (No.2) Order 1997	154/97
15. Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 1997	155/97
16. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.2) Order 1997	156/97
17. Adoption (Amendment) Rules 1997	157/97
18. Toys and Children's Products Safety (Safety Standards) (Amendment) Notice 1997	158/97
19. Declaration of Markets in the Urban Council Area (Amendment) Declaration 1997	159/97
20. Whaling Industry (Regulation) Regulation (L.N.48 of 1997) (Commencement) Notice 1997	160/97
21. Official Languages (Authentic Chinese Text) (Volunteer and Naval Volunteer Pensions Ordinance) Order	(C) 77/97
22. Official Languages (Authentic Chinese Text) (Maryknoll Sisters of St. Dominic Incorporation Ordinance) Order	(C) 78/97
23. Official Languages (Authentic Chinese Text) (Hong Kong Chinese Christian Churches Union Incorporation Ordinance) Order	(C) 79/97
24. Official Languages (Authentic Chinese Text) (London Missionary Society Incorporation Ordinance) Order	(C) 80/97
25. Official Languages (Authentic Chinese Text) (Ling Liang World-Wide Evangelistic Mission Incorporation Ordinance) Order	(C) 81/97
26. Official Languages (Authentic Chinese Text) (Hong Kong Council of the Church of Christ in China Incorporation Ordinance) Order	(C) 82/97
27. Official Languages (Authentic Chinese Text) (Chinese Permanent Cemeteries Ordinance) Order	(C) 83/97
28. Official Languages (Authentic Chinese Text) (Criminal Procedure Ordinance) Order	(C) 84/97
29. Official Languages (Authentic Chinese Text) (Portuguese Community Education and Welfare Foundation Incorporation Ordinance) Order	(C) 85/97
30. Official Languages (Authentic Chinese Text) (The Hong Kong Institution of Engineers Ordinance) Order	(C) 86/97
31. Official Languages (Authentic Chinese Text) (Sir Murray MacLehose Trust Fund Ordinance) Order	(C) 87/97
32. Official Languages (Authentic Chinese Text) (Police Children's Education Trust Ordinance) Order	(C) 88/97
33. Official Languages (Authentic Chinese Text) (Police Education and Welfare Trust Ordinance) Order	(C) 89/97
34. Official Languages (Authentic Chinese Text) (Mercantile Marine Assistance Fund Ordinance) Order	(C) 90/97
35. Official Languages (Authentic Chinese Text) (Scout Association of Hong Kong Ordinance) Order	(C) 91/97
36. Official Languages (Authentic Chinese Text) (Hong Kong Girl Guides Association Ordinance) Order	(C) 92/97
37. Official Languages (Authentic Chinese Text) (North Point Wharves Limited Ordinance) Order	(C) 93/97
38. Official Languages (Authentic Chinese Text) (Hong Kong Housing Society Incorporation Ordinance) Order	(C) 94/97
39. Official Languages (Authentic Chinese Text) (Hong Kong Playground Association Ordinance) Order	(C) 95/97
40. Official Languages (Authentic Chinese Text) (Salvation Army Ordinance) Order	(C) 96/97
41. Official Languages (Authentic Chinese Text) (Hong Kong Juvenile Care Centre Incorporation Ordinance) Order	(C) 97/97
42. Official Languages (Authentic Chinese Text) (Social Work Training Fund Ordinance) Order	(C) 98/97
43. Official Languages (Authentic Chinese Text) (Sir Robert Black Trust Fund Ordinance) Order	(C) 99/97
44. Official Languages (Authentic Chinese Text) (Hong Kong Export Credit Insurance Corporation Ordinance) Order	(C)100/97
45. Official Languages (Authentic Chinese Text) (Sir David Trench Fund for Recreation Ordinance) Order	(C)101/97
46. Official Languages (Authentic Chinese Text) (Television Ordinance) Order	(C)102/97

Sessional Papers 1996-97

1.No.86 -

Report of changes to the approved Estimates of Expenditure approved during the third quarter of 1996-97 Public Finance Ordinance : Section 8

(to be presented by the Secretary for the Treasury)

2.No.87 -

Audited Statement of Accounts together with the Director of Audit's Report of the Sing Tao Foundation Students' Loan Fund for the year ended 31 August 1996

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

3.No.88 -

Audited Statement of Accounts together with the Director of Audit's Report of the Hong Kong Rotary Club Students' Loan Fund for the year ended 31 August 1996

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

4.No.89 -

Consumer Council Annual Report 1995-1996

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

5.No.90 -

Mass Transit Railway Corporation Annual Report 1996

(to be presented by the Financial Secretary)

6.No.91 -

Kowloon-Canton Railway Corporation Annual Report 1996

(to be presented by the Financial Secretary)

7.No.92 -

The Government Minute in response to the Report No.27 of the Public Accounts Committee dated January 1997

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

8.No.93 -

Special report of the Select Committee to Inquire into the Circumstances Surrounding the Departure of Mr LEUNG Ming-yin from the Goverenment and Related Issues

(to be presented by Mr IP Kwok-him who will address the Council)

II. Questions

1. Dr YEUNG Sum to ask :(Translation)

It is learnt that on 4 March this year the Executive Council endorsed the plan to hold a grand fireworks display on 27 April this year as one of the functions to mark the opening of the Lantau Link. In this connection, will the Government inform this Council:

1. of the estimated number of spectators viewing the fireworks display on site, together with the estimated number of spectators at each viewing point;

2. whether the District Boards concerned, Members of this Council and members of the Regional Council as well as the local residents’ organisations had been consulted before the above decision was made; if so, what their views were; if not, why not; and

3. given that the decision to hold the fireworks display has been widely criticized by the public, and following the meetings which the authorities concerned have held separately with this Council and the District Boards, what improvements have been made in regard to the overall arrangements for traffic, public safety and crowd dispersal?

Public Officer to reply : Secretary for Works

2. Dr Samuel WONG to ask :

At the time the Mass Transit Railway Corporation (MTRC) was given the go-ahead for the construction of the Airport Railway, the MTRC indicated that in respect of the Lantau Line from Kowloon to Tung Chung, two new stations would be built at Tai Ho Wan and Yum O on Lantau, and that reclamation works would start soon to facilitate the development of two new towns on Lantau. As the Lantau Line is scheduled to become operational by June 1998, will the Government inform this Council whether plans to carry out the reclamation works in these two areas have been implemented?

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

3. Mr CHAN Wing-chan to ask : (Translation)

Regarding the unemployment rate figures and relevant statistical data released by the Government each quarter, will the Government inform this Council:

1. of the reasons for the big discrepancies between the Government’s unemployment figures and the findings of surveys conducted by a number of academic institutions and non-government organizations;

2. how the terms "unemployed persons among the economically active population" and "persons wishing to find employment among the economically inactive population" are defined, and what the differences between the two terms are;

3. whether the unemployment figures in narrow terms (U1) and the unemployment figures in broad terms (U2, i.e. with persons wishing to find employment among the economically inactive population taken into account) will be released on a regular basis, so that the public can have a better understanding of the actual employment situation; and

4. whether the Government will carry out studies on the employment situation and the quality of life of the low-income groups in the territory?

Public Officer to reply : Secretary for Financial Services

4. Mr Andrew CHENG to ask : (Translation)

Recently, I have received many complaints from white- collar workers in the Central district about frequent police checks on their Identity Cards (ID Cards). In one case, a lady even had her ID Card checked by the same police officer four times in the same district. In this connection, will the Government inform this Council:

1. of the district which had the highest number of ID Card checks carried out by the Police during the past year, and the reasons thereof;

2. whether the Police has any mechanism to guard against police officers abusing their authority in carrying out ID Card checks, so as to prevent such checks from becoming a harassment to the public; and

3. whether, in the past three years, there were cases in which police officers were the subject of complaints about abuse of their authority in carrying out ID Card checks and were disciplined; if so, of the number of such cases?

Public Officer to reply : Secretary for Security

5. Mr Albert CHAN to ask : (Translation)

A number of property owners have recently complained to me that at the time they bought flats from the private developers, the sales brochures indicated that the developers would provide car park spaces for rent. However, after the flats had been occupied for some time, the developers withdrew all such car park spaces and put them up for sale, thus depriving the property owners of their right to rent car park spaces. In this connection, will the Government inform this Council:

1. what measures does the Government have to protect the rights of property owners in the above situation; and

2. whether the Government will stipulate in the conditions of land grant a requirement that the developer provide a fixed number of car park spaces for rent in a development project; if so, when such a measure will be implemented; if not, why not?

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

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

Will the Government inform this Council:

1. of the additional operating costs borne by the Post Office as a result of the sale of various commemorative stamps during the past twelve months; and

2. whether arrangements have been made to enable civil servants and certain members of the public to have priority in purchasing commemorative stamps; if so, what the reasons are?

Public Officer to reply : Secretary for Economic Services

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

Regarding the arrival in the territory of One-way Exit Permit holders from mainland China, will the Government inform this Council:

1. of the following information on One-way Exit Permit holders coming to the territory in each of the past three years:

   1. a breakdown of the categories of their relationship with their family members/relatives in the territory;

   2. a breakdown of the length of waiting time (by number of years) in obtaining approval of their applications;

   3. a breakdown of their places of origin;

2. of the estimated number of children of Hong Kong permanent residents, who meet the requirements under the Basic Law and have the right of abode in Hong Kong but are not yet able to come to settle in the territory; and how such an estimated number is arrived at; and

3. whether, according to the existing legislation, any person who has the right of abode in Hong Kong shall have the absolute right to enter and settle in the territory at any time?

Public Officer to reply : Secretary for Security

* 8. Mr NGAN Kam-chuen to ask : (Translation)

The Regional Council (RC) and the Urban Council (UC) introduced new measures for regulating the preparation and sale of sushi, sashimi and raw oysters in February and March this year respectively. In this connection, does the Government know:

1. of the total number of food establishments selling sushi, sashimi and raw oysters in the territory prior to the introduction of the above measures;

2. of the respective numbers of such food establishments inspected by the Regional Services Department and the Urban Services Department, as well as the numbers of food establishments which have been granted permission by the RC and the UC respectively for the sale of restricted foods such as sushi, sashimi and raw oysters, since the introduction of the above measures; and

3. whether any prosecutions have been instituted against food establishments for selling such foods without permission, since the introduction of the above measures?

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

* 9. Mr LAW Chi-kwong to ask : (Translation)

The Education Department currently provides grants to voluntary agencies which organize educational courses for young drug abusers undergoing treatment and rehabilitation, so as to ensure that these young people can receive proper education during the treatment and rehabilitation period. However, it is learnt that no education-related special grants, such as textbook and stationery grants, are included in the Comprehensive Social Security Assistance allowance received by these young people. In this connection, will the Government inform this Council:

1. of the number of young drug abusers undergoing treatment and rehabilitation who applied for education-related special grants from the Social Welfare Department (SWD) in the past two years, together with the number of such applications which were approved;

2. whether the SWD provides financial assistance to these young people to meet their educational needs; if so, of the categories and rates of such grants; if not, why not; and

3. whether the SWD will consider reviewing its existing policy on providing education-related special grants to these young people, so as to satisfy their educational needs?

Public Officer to reply : Secretary for Health and Welfare

*10. Dr David LI to ask :

The findings of a survey conducted by the Professional Teachers' Union reveal that 90% of language teachers are under an enormous workload and that they have to spend on average 35 hours a week after school in marking students' assignments. In this connection, will the Government inform this Council whether the Education Department has any plan to increase the number of language teachers and reduce the number of teaching sessions of these teachers?

Public Officer to reply : Secretary for Education and Manpower

*11. Mr Howard YOUNG to ask :

Will the Government inform this Council whether:

1. it has received any complaints or opinions from the airlines that the current practice of relying on the airlines to collect the airport departure tax is detrimental to their provision of an efficient customer service at the check-in counters; and

2. it will consider adopting the practice in other international airports and using vending machines or special counters at the new airport at Chek Lap Kok to collect airport departure tax and other related charges direct from passengers?

Public Officer to reply : Secretary for the Treasury

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

Will the Government inform this Council:

1. of the current respective numbers of Official Justices of the Peace and Non-official Justices of the Peace, as well as their respective powers and functions; and

2. how long the existing system for the appointment of Justices of Peace will remain in force?

Public Officer to reply : Chief Secretary

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

Will the Government inform this Council of:

1. the average air quality objective level in each of the districts in the territory;

2. the worst air quality objective level and the district in which it occurs;

3. the districts which are expected to suffer an obvious decline in the air quality in the coming three years, and the reasons for the decline; and

4. the measures in place to improve the air quality in the territory?

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

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

Will the Government inform this Council whether:

1. it has undertaken any study on the situation concerning the monopoly of lift maintenance services by lift suppliers in the territory; if so, of the findings of the study; and

2. it will consider bringing in more competition, so that customers have a greater number of lift maintenance companies to choose from, thus bringing down the maintenance cost; if not, why not?

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

*15. Mr CHAN Wing-chan to ask :(Translation)

According to Government statistics in recent years, the rate of increase in the average earnings of employees has been higher than the rate of wage increase, which indicates that employees in some industries have to rely on overtime pay and irregular earnings to increase their income. In this connection, will the Government provide the information relating to items (a) to (c) below, in regard to the past three years:

1. a breakdown by industry and occupation of -

   1. the respective rates of change in the average nominal and real earnings as well as in the wages of local employees;

   2. the respective proportions of overtime pay and irregular earnings to the average nominal earnings;

   3. the respective proportions of overtime pay and irregular earnings to the average real earnings;

2. the major industries and occupations in which employees receive overtime pay more frequently, and the respective numbers of normal and overtime working hours of the employees concerned; and

3. the major industries and occupations in which employees receive irregular earnings more frequently, and the main forms of payment for such earnings;

if not, what the reasons are; and whether the Government will consider collecting such information and publishing it on a regular basis?

Public Officer to reply :Secretary for Financial Services

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

It is learnt that the involvement of the clearance units under the Housing Department in the squatter area non-development clearance programmes is only confined to rehousing affected residents. The clearance units will inform the District Lands Office to proceed with the demolition of the squatter huts concerned after the affected residents have moved out. However, I have received a number of complaints from the residents in squatter areas accusing the departments concerned of failing to demolish the squatter huts promptly after the affected residents have moved out, thus allowing undesirable elements to occupy the vacant huts illegally, and this has caused nuisance to the residents nearby. In this connection, will the Government inform this Council whether the Lands Department has any plan to rectify the above situation; if so, what the details are; if not, why not?

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

*17. Mr Howard YOUNG to ask :

Regarding the arrangement under which departing passengers can pay the airport departure tax at hotels, will the Government inform this Council:

1. of the number of passengers paying the airport departure tax at hotels since the introduction of the above arrangement;

2. whether the patronage of this arrangement is concentrated in certain hotels; and

3. whether it will consider introducing a similar arrangement to other operators in the tourism industry such as travel agents or coach operators?

Public Officer to reply : Secretary for the Treasury

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

Does the Government know of:

1. the public housing estates or Home Ownership Scheme (HOS) estates under the management of Housing Authority which are still using centralised liquefied petroleum gas (LPG) systems; and

2. the results of the study carried out by the Housing Department on the use of centralised LPG systems in public housing and HOS estates, and the improvement measures recommended in the study?

Public Officer to reply : Secretary for Housing

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

Does the Government know of:

1. the number of cardiac bypass operations performed in various public hospitals, as well as the complication rate and the survival rate of patients within one year after the operation; and

2. the current number of patients awaiting such operations, as well as the average and longest waiting time for these patients to receive their operations?

Public Officer to reply : Secretary for Health and Welfare

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

Will the Government inform this Council of:

1. the respective quarterly unemployment rates and underemployment rates in each of the three-digit major industry groups classified according to the Hong Kong Standard Industrial Classification over the past two years; and

2. the reasons for the high unemployment rate in the three industry groups which had the highest unemployment rate last year?

Public Officer to reply : Secretary for Financial Services

III. Government Motions

1.Western Harbour Crossing Ordinance and Interpretation and General Clauses Ordinance

Secretary for Transport :

That the Western Harbour Crossing Bylaw made by the Western Harbour Tunnel Company Limited on 3 April 1997, subject to the following amendments, be approved -

1. in section 11, by deleting "tunnel tubes" and substituting "tunnel";

2. in section 13(1)(j), by deleting " " and substituting " ";

3. in section 20(2), by deleting " " and substituting " ";

4. in section 23(h) (iii), by deleting " " and substituting " ";

5. in Figure No. 4 of the Schedule, by deleting " " and substituting " ".

2. Bankruptcy Ordinance

Secretary for Financial Services :

That the Bankruptcy (Fees and Percentages) (Amendment) Order 1997, made by the Acting Chief Justice on 25 March 1997, be approved.

3. Bankruptcy Ordinance

Secretary for Financial Services :

That the Bankruptcy (Amendment) Rules 1997, made by the Acting Chief Justice on 25 March 1997, be approved.

4. Companies Ordinance

Secretary for Financial Services :

That the Companies (Fees and Percentages) (Amendment) Order 1997, made by the Acting Chief Justice on 25 March 1997, be approved.

5. Companies Ordinance

Secretary for Financial Services :

That the Companies (Winding-up) (Amendment) Rules 1997, made by the Acting Chief Justice on 25 March 1997, be approved.

IV. Government Bills

First Reading

1. Smoking (Public Health) (Amendment) (No. 2) Bill 1997

2. Public Holiday (Special Holidays 1997) Bill

3. Mutual Legal Assistance in Criminal Matters Bill

4. Buildings (Amendment) Bill 1997

5. Weapons of Mass Destruction (Control of Provision of Services) Bill

6. Family Status Discrimination Bill

Second Reading

Debates to be adjourned

Committee Stage and Third Reading

V. Members' Motions

1. Interpretation and General Clauses Ordinance

Mr IP Kwok-him :

That the Western Harbour Crossing Regulation, published as Legal Notice No.94 of 1997 and laid on the table of the Legislative Council on 19 March 1997, be amended in section 2 --

1. by renumbering paragraphs (c) and (d) as paragraphs (e) and (f) respectively;

2. by repealing paragraphs (a) and (b) and substituting-

   1. " until 22 October 1997, the concentration of carbon monoxide gas in the tunnel does not during any 5 minute period exceed an average of 125 parts per million;

   2. with effect from 23 October 1997, the concentration of carbon monoxide gas in the tunnel does not during any 5 minute period exceed an average of 100 parts per million;

   3. until 22 October 1997, the concentration of nitrogen dioxide gas in the tunnel does not during any 5 minute period exceed an average of 1.5 parts per million;

   4. with effect from 23 October 1997, the concentration of nitrogen dioxide gas in the tunnel does not during any 5 minute period exceed an average of 1 part per million;".

Public Officer to attend : Secretary for Transport

2. Annual Report on Hong Kong 1996 to Parliament

Dr C H LEONG :

That this Council takes note of the Report on Hong Kong 1996 to Parliament.

Public Officer to attend : Secretary for Constitutional Affairs

3. Bus franchise

Mr WONG Wai-yin : (Translation)

That this Council urges the Government to abolish the profit control scheme of the Kowloon Motor Bus Company Limited (KMB) when the existing franchise of the KMB expires at the end of August this year and actively encourage other bus operators to operate bus routes in Kowloon and the New Territories in competition with the KMB, with a view to improving the bus service in Kowloon and the New Territories.

Amendment to Mr WONG Wai-yin's motion

Mrs Miriam LAU : (Translation)

To delete "actively encourage other bus operators to operate bus routes in Kowloon and the New Territories in competition with the KMB" and substitute with "take appropriate measures to monitor the operations of the KMB and to urge it to improve the quality of its service, and at the same time to actively encourage public transport operators to engage in healthy competition" and to delete "the bus service in Kowloon and the New Territories" and substitute with "public transport services in Hong Kong".

Public Officer to attend : Secretary for Transport

VI. Members' Bills

First Reading

1. Interception of Communications Bill

2. Unfair Dismissal Bill

Second Reading

Debates to be adjourned