Revised version
OP 96/97-38(1)
(Issued at 11:00 am on 20.6.97)

The Legislative Council
Order Paper

Commencing on Monday 23 June 1997 at 9:00 am

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I. Papers

Sessional Papers 1996-97
Miscellaneous
II. Questions
III. Government Motions

1. Magistrates Ordinance
2. Magistrates Ordinance
3. Interpretation and General Clauses Ordinance
4. Interpretation and General Clauses Ordinance
IV. Government Bills
Second Reading ( Debates to resume), Committee Stage and Third Reading
V. Members' Motions
1. Interpretation and General Clauses Ordinance
2. Amendments to the Basic Law
3. Improving underground water quality and water supply in villages
4.Independent Police Complaints Council Bill
VI. Members' Bills
Second Reading ( Debates to resume), Committee Stage and Third Reading
VII. Valedictory Motion

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I. Papers

Subsidiary Legislation	L.N. NO.
1. Prisons (Amendment) Order 1997	336/97
2. Commodities Trading (Trading Limits and Position Limits) (Amendment) Rules 1997	337/97
3. Securities (Exchange—Traded Stock Options) (Amendment) Rules 1997	338/97
4. Patents (General) Rules	339/97
5. Registered Designs Rules	340/97
6. Hong Kong Royal Instructions 1917 to 1993 (Nos. 1 and 2) - Ending of the 1996/97 Session of the Legislative Council of Hong Kong Notice 1997	341/97
7. Prevention of Bribery (Miscellaneous Provisions) Ordinance 1996 (48 of 1996) (Commencement) Notice 1997	342/97
8. New Territories Land Exchange Entitlements (Redemption) Ordinance (70 of 1996) (Commencement) Notice 1997	343/97
9. Volunteer and Naval Volunteer Pensions (Amendment) Ordinance 1997 (56 of 1997) (Commencement) Notice 1997	344/97
10. Waste Disposal (Designated Waste Disposal Facility) Regulation (L.N. 197 of 1997) (Commencement) Notice 1997	345/97
11. Fugitive Offenders (Netherlands) Order (L.N. 198 of 1997) (Commencement) Notice 1997	346/97
12. Fugitive Offenders (Philippines) Order (L.N. 202 of 1997) (Commencement) Notice 1997	347/97
13. Hong Kong Airport (Control of Obstructions) Order 1997 (Amendment) Order 1997 (L.N. 217 of 1997) (Commencement) Notice 1997	348/97
14. Hong Kong Airport (Control of Obstructions) (No.2) Order 1997 (L.N. 218 of 1997) (Commencement) Notice 1997	349/97
15. Import and Export (General) Regulations (Amendment of Schedules) Order 1997 (L.N. 246 of 1997) (Commencement) Notice 1997	350/97
16. Import and Export (Strategic Commodities) Regulations (Amendment of Schedules 1 and 2) Order 1997 (L.N. 247 of 1997) (Commencement) Notice 1997	351/97
17. Non-local Higher and Professional Education (Regulation) Ordinance (50 of 1996) (Commencement) Notice 1997	352/97
18. Non-local Higher and Professional Education (Regulation) Rules (L.N. 265 of 1997) (Commencement) Notice 1997	353/97

Sessional Papers 1996-97

1.No.100	Report on the Administration of the Immigration Service Welfare Fund prepared by the Director of Immigration in accordance with Regulation 10
(to be presented by the Secretary for Security)
2.No.111-	Sir David Trench Fund for Recreation Trustee's Report 1996-97
(to be presented by the Secretary for Broadcasting, Culture and Sport)
3.No.112-	Hong Kong Trade Development Council Annual Report 1996/1997
(to be presented by the Secretary for Trade and Industry)
4.No.113-	Hong Kong Export Credit Insurance Corporation Annual Report 1996-97
(to be presented by the Secretary for Trade and Industry)
5.No.114-	J.E. Joseph Trust Fund Report for the period 1 April 1996 to 31 March 1997
(to be presented by the Secretary for Economic Services)
6.No.115-	Kadoorie Agricultural Aid Loan Fund Report for the period 1 April 1996 to 31 March 1997
(to be presented by the Secretary for Economic Services)
7.No.116-	Sir Robert Black Trust Fund Annual Report for the year 1 April 1996 to 31 March 1997
(to be presented by the Secretary for Home Affairs)
8.No.117-	The Ninth Annual Report of the Ombudsman of Hong Kong June 1997
(to be presented by the Chief Secretary)
9. No.118-	Statement of Accounts of the Welfare Fund Prepared by the Commissioner of Customs and Excise in accordance with Regulation 10
(to be presented by the Secretary for Trade and Industry)
10.No.119-	Traffic Accident Victims Assistance Fund Annual Report by the Director of Social Welfare Incorporated for the year from 1 April 1995 to 31 March 1996
(to be presented by the Secretary for Health and Welfare)
11.No.120-	Report on the Administration of the Fire Services Welfare Fund for the year ended 31st March, 1996
(to be presented by the Secretary for Security)
12.No.121-	Securities and Futures Commission Annual Report 96/97
(to be presented by the Financial Secretary)
13.No.122-	Hong Kong Airport Authority Annual Report 1996/1997
(to be presented by the Financial Secretary)

Miscellaneous

Report by the United Kingdom of Great Britain and Northern Ireland in respect of Hong Kong under the Convention on the Rights of the Child

(to be presented by the Secretary for Home Affairs)

II. Questions

1. Mr James TIEN to ask : (Translation)

Will the Government inform this Council, regarding the situation in which drivers leave the vehicle engines and the air-conditioning systems running while the vehicles are stationary:

1. whether any legislation is in place to prohibit such practice; if not, whether the Government will immediately enact legislation to this effect; and

2. whether any study has been conducted to examine the impact of such practice on the environment and the health of pedestrians?

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

2. Mr LEE Cheuk-yan to ask :

(Translation)

Regarding the participation of Hong Kong in the International Labour Organization and the fulfilment of its obligations under the International Labour Conventions after 1 July this year, will the Government inform this Council:

1. as China has signed 18 International Labour Conventions among which six are not yet applicable to the territory (including the Minimum Wage-Fixing Machinery Convention, the Equal Remuneration Convention and the Vocational Rehabilitation and Employment (Disabled Persons) Convention), whether the Administration has considered discussing with the Chinese Government so that these six conventions can be applied in Hong Kong after 1 July;

2. of the approximately 50 International Labour Conventions currently applicable to the territory, which of them will no longer be applicable because of the change of sovereignty over Hong Kong, and what remedial measures the Administration has in hand;

3. as the International Labour Conventions provide that signatories are required to submit reports regularly, whether it is aware how this obligation will be fulfilled by Hong Kong after 1 July; and

4. whether it is aware of the capacity in which Hong Kong representatives will attend conferences organized by the International Labour Organization after 1 July and whether they will become part of China's delegation?

Public Officer to reply : Secretary for Education and Manpower

3. Miss CHAN Yuen-han to ask :

(Translation)

At present, it is an offence for foreign domestic helpers to take up part-time jobs and both they and the persons who employ them are liable to prosecution. However, there have been cases in which the foreign domestic helpers were prosecuted for taking up part-time job, whereas the persons who employed them were not. In this connection, will the Government inform this Council:

1. of the number of foreign domestic helpers prosecuted for working illegally in each of the past three years;

2. of the number of employers prosecuted for employing such foreign domestic helpers illegally in each of the past three years; and

3. if foreign domestic helpers are convicted for taking up part-time job, whether the employers who employed them will accordingly be prosecuted; if not, why not?

Public Officer to reply : Secretary for Security

4. Mr CHAN Wing-chan to ask :

(Translation)

It is reported that there are three slopes belonging to the Government in the vicinity of Grenville House, the future official residence of the Chief Executive of the Hong Kong Special Administrative Region, which have been classified as dangerous slopes, with maintenance works scheduled for July this year. In this connection, will the Government inform this Council:

1. of the safety standards and risk category classifications in respect of slopes in the territory;

2. of the respective safety factors of the three slopes mentioned above and the risk categories to which they belong;

3. of the number of existing slopes in the territory with the same safety factors or risk categories as the above three slopes, and their geographical distribution;

4. when it was decided that maintenance works should be carried out to the above three slopes, and whether other slopes belonging to the Government with the same safety factors or risk categories as these slopes will be included in the maintenance programme for the same period; if not, why not; and

5. whether there are any slopes belonging to the Government which are at higher risk (including potential risk) than the three slopes, but have not yet been scheduled for maintenance; if so, what the reasons are?

Public Officer to reply : Secretary for Works

5. Mr LEE Wing-tat to ask :

(Translation)

Will the Government inform this Council:

1. of the rates of increase in the price indices for each of the four types of private residential properties during the past year (i.e. from June 1996 to May 1997);

2. of the effects achieved by the series of measures, announced in April this year, to curb property prices; and

3. whether other measures to curb property prices will be drawn up, having regard to the further rise in property prices in May?

Public Officer to reply : Secretary for Housing

* 6. Mr MOK Ying-fan to ask :

(Translation)

Will the Government inform this Council of:

1. the number of Chinese medicine (CM) bodies currently registered under the Societies Ordinance;

2. the number of CM bodies currently registered under the Companies Ordinance; and

3. the number of training or research programmes in CM organized by the tertiary institutions, and the number of persons applying for enrolment in such programmes, in each of the past three years?

Public Officer to reply : Secretary for Health and Welfare

* 7. Dr CHEUNG Bing-leung to ask :

(Translation)

With effect from 1 July this year, Hong Kong permanent residents' children born in the Mainland will automatically become permanent residents of the Hong Kong Special Administrative Region and will be entitled to settle in Hong Kong. As children aged 15 or below have the right to receive elementary school education, will the Government inform this Council, when the new school year begins on 1 September this year:

1. how many new primary and secondary schools will come into operation, and how many whole-day and half-day primary and secondary schools will be in the territory by then;

2. how many classes will be available at each of the levels from Primary One to Form Three of all schools in the territory;

3. of the maximum accommodation at each of the levels mentioned above in terms of normal class size, and the total number of students at these levels at present; and

4. of the maximum intake of immigrant children from the Mainland by schools at both primary and junior secondary levels, on the basis of the above figures?

Public Officer to reply : Secretary for Education and Manpower

* 8. Mr Ambrose LAU to ask :

(Translation)

Regarding the "Building Safety Inspection Scheme" recently introduced by the Buildings Department, will the Government inform this Council:

1. of the number to date of advice letters which have been issued to property owners; whether any of the property owners concerned have indicated that they will arrange to have their premises inspected; if so, of the number of such property owners; and

2. of the plans in place to enhance awareness among owners of old buildings of building safety; and whether there is a comprehensive plan to promote the "Building Safety Inspection Scheme" with a view to encouraging more property owners to participate?

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

* 9. Mr Fred LI to ask :

(Translation)

The number of hospital beds in Kowloon East (including Kwun Tong district, Tseung Kwan O and Sai Kung) is the lowest among the eight hospital clusters under the Hospital Authority. It is learnt that the Government, in order to cope with the continuous growth in the future population and to resolve the problem of land shortage for residential developments, is planning to keep enlarging the planned population for Tseung Kwan O and along Anderson Road. As a result, the population of Kowloon East will exceed 1.3 million by 2011. Nevertheless, upon the completion of a number of projects in 2001, such as the extension of the United Christian Hospital and the construction of Tseung Kwan O Hospital, there is so far no other approved projects to further increase the number of acute wards for hospitals in the districts. In this regard, will the Government inform this Council:

1. whether there are any plans to expand the hospital facilities and increase the number of hospital beds in the above districts after 2001; if so, what the concrete plans are; if not, how it will cope with the needs arising from the continuous growth of population in the districts;

2. of the respective ratios of beds per 1000 population in 2001, 2006 and 2110 in the above districts; and whether the planning standard of providing 5.5 beds per 1000 population as laid down in the Hong Kong Planning Standards and Guidelines, which the Government has been adopting, can be met; if not, when the above standard is expected to be met; and

3. how it will assess, upon the relocation of the Kai Tak Airport, the pressure on medical services in the districts in the neighbourhood of Kwun Tong, brought about by a population of some 300 000 on the future reclamation site; and whether it will reconsider the "East Kowloon Hospital" project which has been shelved, so as to cope with the long term medical needs of Kwun Tong and its neighbouring districts; if not, why not?

Public Officer to reply : Secretary for Health and Welfare

*10. Dr David LI to ask :

It is reported that in view of the number of people expected to attend the accident and emergency departments in public hospitals during the holidays from 28 June to 2 July 1997, the Hospital Authority will increase the staffing level in these departments by 10 per cent by requesting staff members to work extra shifts during that period. Moreover, private doctors are being urged by the Hong Kong Medical Association to keep their clinics open during that period to ease the burden of public hospitals. In this connection, will the Government inform this Council whether the Department of Health will consider opening all the clinics under its management from 9:00 am to 5:00 pm during the holidays?

Public Officer to reply : Secretary for Health and Welfare

*11. Mr WONG Wai-yin to ask :

(Translation)

Will the Government inform this Council:

1. of the respective amounts of departure taxes which passengers are required to pay when they depart the territory by sea or by air;

2. of the criteria used in determining these two types of departure tax;

3. why the sea passenger departure tax is levied at a proportion higher than the air passenger departure tax, against the respective fares which the passengers pay; and

4. why departure tax is not collected from passengers who depart the territory by means of land transport?

Public Officer to reply : Secretary for the Treasury

*12. Mr LEE Cheuk-yan to ask :

(Translation)

Regarding the entry of container trucks and container truck drivers from mainland China to the territory, will the Government inform this Council:

1. of the average monthly number of vehicular trips made by the mainland drivers to and from the territory in the past two years;

2. of the annual number of mainland drivers possessing the Closed Road Permit and Notice issued by the Immigration Department for entering Hong Kong in the past two years; and

3. of the detailed procedures and criteria adopted for issuing the documents mentioned in (b) above?

Public Officer to reply : Secretary for Security

*13. Miss CHAN Yuen-han to ask :

(Translation)

Will the Government provide this Council with:

1. the total number of new arrivals from the Mainland in 1986, 1991 and 1996; and the respective numbers among these new arrivals who are economically active and those who are non-economically active;

2. the data in respect of the non-economically active population among new arrivals from the Mainland in 1986, 1991 and 1996, by "sex and age" and "age and education level";

3. the data by "sex and age", "age and education level", "education level and industry", "education level and position held", "age and industry", "age and position held" and "working hours" in respect of the following income groups in the working population among new arrivals from the Mainland in 1986, 1991 and 1996 -

   1. $3999 or below;

   2. $4000 - $4999;

   3. $5000 - $5999;

   4. $6000 - $6999;

   5. $7000 - $7999;

   6. $8000 - $8999;

   7. $9000 - $9999;

   8. $10000 - $10999;

   9. $11000 - $11999;

   10. $12000 or above; and

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

Public Officer to reply : Secretary for Financial Services

*14. Mr Henry TANG to ask :

(Translation)

Will the Government inform this Council:

1. of the actual annual expenditure of the Legal Aid Department (LAD), together with a detailed breakdown, in each of the past three years; and

2. of the number of litigation cases handled by the LAD in each of the past three years?

Public Officer to reply : Chief Secretary

*15. Mr WONG Wai-yin to ask :

(Translation)

It is learnt that the Octopus Card will be formally launched in September this year. In this connection, will the Government inform this Council whether it is aware:

1. of the reasons why the District Boards concerned have not been consulted on this scheme to date; whether it will require the relevant bodies to consult the District Boards before launching the scheme;

2. of the specific details and arrangements of the scheme;

3. as certain transport companies such as the Light Rail and the Hong Kong Ferry issue concessionary monthly tickets to frequent riders, whether these concessionary monthly tickets will be retained after the Octopus Card has been launched; if not, what the reasons are; and how will concessionary measures be provided under the new scheme; and

4. it is learnt that a deposit of $50 and a handling charge of $20 have to be paid upon applying for an Octopus Card with a face value of $100, why the above fees are to be charged and how they are determined?

Public Officer to reply : Secretary for Transport

*16. Mr Ambrose LAU to ask :

(Translation)

It is reported that the Hong Kong Jockey Club (HKJC) has funded voluntary agencies to set up two old people's homes in Zhongshan and Zhaoqing for accommodating the elderly from Hong Kong who have settled in the Mainland while continuing to receive the Comprehensive Social Security Assistance. In this connection, will the Government inform this Council:

1. of the other voluntary agencies in the territory, apart from those funded by the HKJC, which have planned to set up old people's homes in the Mainland for the above-mentioned purpose;

2. whether it will provide financial support and resources for voluntary agencies which are willing to set up old people's homes of the above-mentioned nature in the Mainland; if so, what the details are; if not, why not; and

3. given that the elderly who have settled in the Mainland often encounter problems in the areas of housing and medical care, and are left unattended, whether the Government will encourage more voluntary agencies to set up old people's homes of the above-mentioned nature for these elderly people, so that they will be better taken care of in the Mainland?

Public Officer to reply : Secretary for Health and Welfare

*17. Mrs Selina CHOW to ask :

(Translation)

As some coin dealers have started collecting coins featuring the Queen’s head and many people also keep such coins as souvenirs, will the Government inform this Council:

1. whether the above situation will result in a sudden decrease in the number of coins currently in circulation;

2. of the number of coins featuring the Queen’s head currently in circulation and its proportion to those featuring a bauhinia pattern in circulation;

3. whether consideration will be given to increasing the quantity of bauhinia coins to be issued or issuing such coins ahead of time, in order to make up for the gradual depletion of coins featuring the Queen’s head in circulation; and

4. in view of the Hong Kong Monetary Authority’s indication that the old coins will only be retrieved in an ordinary manner, of the anticipated timetable for the completion of the retrieval of coins featuring the Queen’s head?

Public Officer to reply : Secretary for Financial Services

*18. Mr Henry TANG to ask :

(Translation)

Will the Government inform this Council of:

1. the number of revaluations of rateable value conducted since 1984;

2. the respective total rateable value of residential, industrial and commercial properties after each revaluation; and

3. the respective cumulative increases in the total rateable value of residential, industrial and commercial properties since 1984?

Public Officer to reply : Secretary for the Treasury

*19. Mr NGAN Kam-chuen to ask :

(Translation)

Regarding the Western Corridor Railway (WCR) project, will the Government inform this Council:

1. as the original plan of publishing the scheme of the railway project in the Gazette in the middle of this year has been deferred to early next year, what measures the Government has to ensure that the WCR section running from West Kowloon to Yuen Long will be completed on schedule by the end of 2002 and that the WCR extension to Tuen Mun will be completed by September 2003;

2. as the Kowloon-Canton Railway Corporation has recently decided to revise the alignment of the WCR section running from Tin Shui Wai to Tuen Mun, what measures the Government has to minimize the possible impacts of the newly revised Tuen Mun alignment on the public facilities to be constructed by the Regional Council in the area; and

3. as the WCR project will involve the resumption of land located in different compensation zones, when the Government will decide whether a uniform rate of compensation for land resumption will be applied across all the land located in the non-country park areas within different compensation zones?

Public Officer to reply : Secretary for Transport

*20. Dr John TSE to ask :

(Translation)

In respect of the operation of the Chemical Waste Treatment Centre on Tsing Yi Island, will the Government inform this Council:

1. of the income and expenditure of the Centre in each of the past three years; and

2. the measures which have been put in place to improve the financial position of the Centre?

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

*For written reply

III. Government Motions

1. Magistrates Ordinance

Chief Secretary :

That the Magistrates (Forms) (Amendment) Rules 1997 made by the Acting Chief Justice on 12 June 1997, be approved.

2. Magistrates Ordinance

Secretary for Transport :

That the Third Schedule to the Magistrates Ordinance be amended by adding -

"13. Eastern Harbour Crossing


Any offence against the Eastern Harbour Crossing Road Tunnel By-laws (Cap. 215 sub. leg.).

14. Tate's Cairn Tunnel


Any offence against the Tate's Cairn Tunnel By-laws (Cap. 393 sub. leg.).

15. Western Harbour Crossing


Any offence against the Western Harbour Crossing Bylaw (L.N. 162 of 1997).

16. Tsing Ma Control Area


(1) Any offence against the Tsing Ma Control Area (General) Regulation (L.N. 244 of 1997).

(2) Any offence against the Tsing Ma Control Area (Tolls, Fees and Charges) Regulation (L.N. 137 of 1997).".

3. Interpretation and General Clauses Ordinance

Secretary for Security :

That the Auxiliary Medical Service Regulation, published as Legal Notice No. 316 of 1997 and laid on the table of the Legislative Council on 17 June 1997, be amended -

1. in section 8, by repealing "Services" and substituting "Service";

2. in section 15, by repealing "30(2)" and substituting "32(2)".

4. Interpretation and General Clauses Ordinance

Secretary for Security :

That the Civil Aid Service Regulation, published as Legal Notice No. 317 of 1997 and laid on the table of the Legislative Council on 17 June 1997, be amended in section 15, by repealing "30(2)" and substituting "32(2)".

IV. Government Bills

Second Reading (Debates to resume), Committee Stage and Third Reading

V. Members' Motions

1. Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That section 2 of the Government Rent (Assessment and Collection) Regulation, published as Legal Notice No. 296 of 1997 and laid on the table of the Legislative Council on 11 June 1997, be amended by repealing "as if the leased land were a tenement liable for assessment to rates under the Rating Ordinance (Cap. 116)" and substituting "in accordance with sections 7 and 7A of the Rating Ordinance (Cap. 116)".

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

2. Amendments to the Basic Law

Mr TSANG Kin-shing : (Translation)

That this Council urges the Chinese Government, following the reunification of Hong Kong with China on 1 July 1997, to immediately amend the Basic Law, so as to achieve as soon as possible the objectives of electing the legislature by universal sufferage and the Chief Executive by direct election; give effect to 'one country, two systems', 'Hong Kong people ruling Hong Kong', 'a high degree of autonomy'; and safeguard the democracy, freedom, human rights and the rule of law in Hong Kong.

Amendment to Mr TSANG Kin-shing's motion

Mr LO Suk-ching : (Translation)

To delete "urges" and substitute with "has strong confidence that,"; to delete "the Chinese Government"; to delete "to immediately amend the Basic Law, so as to achieve as soon as possible the objectives of electing the legislature by universal sufferage and the Chief Executive by direct election;"; to add "the Hong Kong Special Administrative Region Government will" before "give effect to 'one country, two systems'"; and to add "in accordance with the Basic Law" after "'a high degree of autonomy'".

Public Officer to attend : Secretary for Constitutional Affairs

3. Improving underground water quality and water supply in villages

Mr Ambrose LAU : (Translation)

That, as the survey findings on the quality of local well water show that most of the well water in the New Territories has an E-coli count in excess of the established standard and is definitely not suitable for drinking, this Council urges the Government to expeditiously draw up a comprehensive plan to improve the quality of the well water concerned and to install water pipes for the over 80 villages in the New Territories which are currently deprived of tap water supply, so as to enable villagers to enjoy tap water.

Public Officer to attend : Secretary for Works

4.Independent Police Complaints Council Bill

Mr WONG Wai-yin :(Translation)

That this Council strongly urges the Government to expeditiously re-introduce the Independent Police Complaints Council Bill into this Council.

Public Officer to attend :Secretary for Security

VI. Members' Bills

Second Reading ( Debates to resume), Committee Stage and Third Reading

VII. Valedictory Motion

Dr C H LEONG :

That this Council bids farewell to the British Government and wishes the Hong Kong Special Administrative Region continued stability and prosperity.