Revised version
OP 96/97-18(1)
(Issued at 11:00 am on 27.1.97)

The Legislative Council
Order Paper

Wednesday 29 January 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
• Debates to be resumed
Committee Stage and Third Reading
IV. Members' Motions

1. Interpretation and General Clauses Ordinance
2. Presidency of the Legislative Council of Hong Kong
3. Consultation paper on Copyright Bill

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I. Papers

Sessional Papers 1996-97

1. No. 62 - Hong Kong Council for Academic Accreditation Annual Report 1995-96
(to be presented by the Secretary for Education and Manpower)

2. No. 63 - Report of the Public Accounts Committee on the Reports of the Director of Audit on the Accounts of the Hong Kong Government for the year ended 31 March 1996 and the Results of Value for Money Audits (January 1997 - P.A.C. Report No. 27)
(to be presented by Mr Eric LI who will address the Council)

II. Questions

1. Mr YUM Sin-ling to ask : (Translation)

It was reported recently that some members of the British Forces stationed in the territory refused to pay taxi fares and that some police officers did not pay for their meals in restaurants. In this connection, will the Government inform this Council, in respect of the past three years:

1. of the numbers of complaints received by the authorities concerned about non-payment of taxi fares by members of the British Forces and the disciplined services respectively;
2. of the numbers of complaints received by the authorities concerned about non-payment of other fees and charges by members of the British Forces of the disciplined services respectively;
3. how the authorities concerned handled the complaints against members of the British Forces and the disciplined services committing the above acts; and
4. of the respective numbers of members of the British Forces and the disciplined services who were disciplined by the authorities concerned, or convicted in a local court, for the above acts?

Public Officer to reply : Secretary for Security

2. Mr Fred LI to ask : (Translation)

It is learnt that in mid-October last year, the Travel Industry Council (TIC) launched a trial scheme dispensing with the minimum fares requirement for certain outbound travel tours. The trial scheme ended in mid-December last year, and the TIC later stated that the outcome of the scheme was favourable, but it still decided to retain the minimum fares requirement for outbound travel tours. In this regard, will the Government inform this Council:

1. whether the Government is aware of the specific contents of the outcome of the above trial scheme, and the criteria adopted by the TIC for concluding that the outcome was favourable;
2. whether the Government is aware of the reasons why the TIC has no intention of relaxing the minimum fares requirement for outbound travel tours completely, given the favourable outcome of the trial scheme; and whether the TIC's stance is in breach of the principle of fair competition; and
3. whether - in response to the views of Members of this Council, the Consumer Council, individual operators in the travel industry and members of the public - the Government will request the TIC to remove the minimum fares requirement for outbound travel tours, so as to safeguard the principle of fair competition; if not, why not?

Public Officer to reply : Secretary for Trade and Industry

3. Mrs Elizabeth WONG to ask :

Will the Government advise this Council whether recipients of the Comprehensive Social Security Assistance Scheme are reimbursed for the actual expenses incurred in using traditional Chinese medicine; if not, why not?

Public Officer to reply : Secretary for Health and Welfare

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

It is reported that some 300,000 people went to Gold Coast Beach in Tuen Mun on New Year's Eve last year to see the fireworks display, causing traffic chaos in the district. As a result, many people who were at the scene were unable to reach home until three to four o'clock in the early morning on New Year's Day. In this connection, will the Government inform this Council:

1. whether, before the event, the departments concerned had assessed the possibility of a large crowd turning up at the site and made any contingency measures, such as arrangements for dispensing the crowd to various districts, extending the service hours and increasing the frequencies of ferries and buses to transport people to and from the site; and whether the Tuen Mun District Office or the Tuen Mun District Board had been consulted on such arrangements;
2. whether, after the event, the departments concerned have reviewed the arrangements and contingency measures, including any special traffic arrangements, adopted on that day; if so, what the outcome is; and whether the departments concerned will offer a public apology for the inconvenience caused to the people concerned; and
3. whether the departments concerned had considered beforehand if it was suitable to stage this kind of major activity in the district?

Public Officers to reply : Secretary for Transport

Secretary for Security

Secretary for Home Affairs

5. Mr Howard YOUNG to ask :

With regard to the feasibility studies and plans being undertaken on the project of widening of Castle Peak Road, will the Government inform this Council whether consideration is being given to providing adequate lay-bys and stopping places for coaches at certain vantage points along Castle Peak Road which can give viewers a panoramic view of the Tsing Ma Bridge, so as to develop the road into a tourist attraction as well as a transport artery between Tsuen Wan and Tuen Mun; if not, why not?

Public Officer to reply : Secretary for Transport

6. Mr CHOY Kan-pui to ask : (Translation)

Will the Government inform this Council of:

1. the number of traffic accidents involving police vehicles, and the types of police vehicles involved in such accidents, in each of the past three years;
2. the main causes of such accidents, and the total number of such accidents in the past three years arising from careless or reckless driving on the part of the drivers of police vehicles; and
3. the average period of suspension from service of police vehicles involved in traffic accidents in the past three years; whether such suspension had any effect on normal police work and, if so, what these effects were?

Public Officer to reply : Secretary for Security

* 7. Dr C H LEONG to ask :

Does the Administration know, in respect of each of the past three years, of:

1. the number of individual persons covered by private medical insurance in the territory, together with the total premium and the total payout involved; and
2. the number of business establishments in the territory taking up medical insurance for their employees and the total number of employees covered by such insurance, together with the total premium and the total payout involved?

Public Officer to reply : Secretary for Financial Services

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

Will the Government inform this Council of:

1. the number of people coming from mainland China to the territory in each of the past three years, for reason of undergoing training;
2. the number of these trainees remaining in the territory as at the end of last year;
3. the trades in which these trainees have been engaged after arrival in the territory, and the percentages of these trainees working in restaurants and the retail trades respectively; and
4. the average period of stay granted to these trainees, and the longest and shortest period of stay granted?

Public Officer to reply : Secretary for Security

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

Will the Government inform this Council:

1. of the effectiveness of the Green Manager Scheme in government departments since its implementation; and whether the Scheme has achieved the expected results; if not, what improvement measures does the Government have; and
2. whether the Government will promote the implementation of the Scheme in the commercial sector or other private organisations; if so, what the details are; if not, why not?

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

*10. Miss Christine LOH to ask :

Will the Government inform this Council, in respect of the past three years, of:

1. the estimated respective annual consumption of illegally imported diesel oil and industrial diesel oil by commercial vehicles;
2. the types of commercial vehicles using illegally imported diesel oil and industrial diesel oil;
3. the respective proportions of annual consumption of illegally imported diesel oil and industrial diesel oil by commercial vehicles to the annual total consumption of diesel oil for vehicles;
4. the impact of the use of illegally imported diesel oil and industrial diesel oil on air pollution in the territory; and
5. the total loss of Government revenue as a result of the use of illegally imported diesel oil and industrial diesel oil by commercial vehicles?

Public Officer to reply : Secretary for the Treasury

*11. Dr David LI to ask :

The Examinations Authority has disclosed that, according to the results of the students sitting for the Hong Kong Certificate of Education Examination (HKCEE) for the first time, the average percentage of such students who failed the English Language subject was much higher than that for the Chinese Language subject over the last ten years. In this connection, will the Government inform this Council:

1. of the average percentage of the students sitting for the HKCEE for the first time who obtained a pass in the Chinese Language and English Language subjects respectively over the past three years; and
2. whether additional resources will be allocated to assist students, particularly those from schools with consistently poor performance in the Chinese Language and English Language subjects in the HKCEE, in improving their language proficiency?

Public Officer to reply : Secretary for Education and Manpower

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

Will the Government inform this Council:

1. of the number of patients suffering from influenza who sought treatment at public hospitals as well as general out-patients clinics under the management of the Department of Health, and the number of these patients who were prescribed with antibiotics by the medical officers concerned, in each of the past three years;
2. whether the authorities concerned have any mechanism to assess whether the prescription of antibiotics to such patients by medical officers is appropriate; if so, of the percentage of cases in the past three years in which the prescription of antibiotics was found to be inappropriate; if not, why not; and
3. whether the authorities concerned have monitored the drug resistance of bacteria arising from the inappropriate prescription of antibiotics; if so, of the extent of the increase in drug resistance of common bacteria according to the data obtained by the past ten years?

Public Officer to reply : Secretary for Health and Welfare

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

Will the Government inform this Council:

1. of the criteria adopted in determining whether the Official Receiver or some other fit person should act as the liquidator in winding up cases; and
2. whether the party filing a winding up petition has the right to name the liquidator; if so, how the interests of the company being wound up are protected?

Public Officer to reply : Secretary for Financial Services

*14. Mr Howard YOUNG to ask :

As the residents living in the vicinity of the Tsuen Wan Slaughterhouse have complained about noise and odour nuisances emanating from the slaughterhouse, will the Government inform this Council whether it has considered adopting the same arrangements used in the removal of Shiu Wing Steel Limited in Tseung Kwan O, thus enabling the private operator of the slaughterhouse, the residents and the property developers in the area to benefit at little or no public expense; if so, what the details are; if not, why not?

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

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

Is the Government aware, in respect of the past year, of:

1. the total number of patients who attended the accident and emergency departments in public hospitals, and the number of such patients who were-
   1. admitted into hospital wards directly;
   2. admitted into observation wards and later transferred to hospital wards; and
   3. admitted into observation wards and later discharged;

2. the number of patients admitted into observation wards in public hospitals, whose condition had deteriorated and who-
   1. were required to undergo operation;
   2. were required to receive treatment in the intensive care units; and
   3. died

   within 24 hours of admission; and

3. the number of patients who attended the accident and emergency departments in public hospitals but were refused admission initially and who-
   1. were later admitted into hospital for treatment; and
   2. died

   within 48 hours?

Public Officer to reply : Secretary for Health and Welfare

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

Will the Government inform this Council of:

1. the respective numbers of staff in various professional grades in the Official Receiver's Office at present; and
2. the number of winding up cases handled by the Official Receiver acting as the liquidator in the past three years; and the number of winding up cases in which other fit persons were appointed as the liquidator or provisional liquidator in the same period, together with the reasons for appointing such persons as the liquidators to handle these cases?

Public Officer to reply : Secretary for Financial Services

*17. Mr James TIEN to ask : (Translation)

It is learnt that the year-on-year increase in the cost-recovery rate for chemical waste treatment by the Chemical Waste Treatment Centre (CWTC) has resulted in the manufacturers significantly reducing the amount of chemical waste sent to the CWTC for disposal. In this connection, will the Government inform this Council:

1. whether the charges imposed by the CWTC are higher than the cost incurred by the manufacturers using their own facilities to dispose of chemical waste; if so, how much higher; and
2. of the other reasons, apart from the gradual increases in the charges imposed by the CWTC, that have prompted the manufacturers to reduce using the services provided by the CWTC and use their own facilities to dispose of chemical waste?

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

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

It is learnt that the Government Records Service Division at present still keeps certain undisclosed records, which include information on the military yen and other administrative measures during the Japanese Occupation. These records have been classified as confidential documents, such that even the index of these documents is not disclosed. In this connection, will the Government inform this Council whether, given the implementation of the Code on Access to Information, the Government has given consideration to disclosing the relevant documents, so that the public can know about the valuable historical records of Hong Kong during the Japanese Occupation; if so, what the outcome is; if not, why not?

Public Officer to reply : Chief Secretary

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

The Protection of Wages on Insolvency Fund Board (the Fund Board) stated in its 1995-96 Annual Report that it would closely monitor the Protection of Wages on Insolvency Fund (the Fund) to see how the Fund's overall operation would be affected by the resolution passed by this Council on 31 January last year to significantly increase the Fund's coverage. In this connection, will the Government inform this Council:

1. of the details of the analysis of the approved ex gratia payments as percentages of applicants' entitlement during the period from 2 February last year when the resolution came into effect, up to 31 December of the same year; and how these figures differ from those recorded before the resolution became effective (that is, during the ten-month period from 1 April 1995 to 31 January 1996);
2. of the total amount of ex gratia payments made from the Fund during the period from 2 February to 31 December last year; and how the amount differs from that paid in the ten-month period before the resolution became effective;
3. of the up-to-date financial position and balance of the Fund;
4. how the Fund Board assesses the effect of the resolution on the operation of the Fund;
5. whether the authority concerned will increase the maximum amount of ex gratia payments in the light of the passage of the Protection of Wages on Insolvency (Amendment) Ordinance 1996 to extend from four to six months the period within which applications for ex gratia payments from the Fund may be made; and
6. whether the authority concerned has any plan to increase the amount of ex gratia payment from the Fund in accordance with the annual wage increase; if so, when the plan will be implemented; if not, why not?

Public Officer to reply : Secretary for Education and Manpower

*20. Mr Henry TANG to ask :

Regarding the problem of illegal use of industrial buildings as office premises, will the Government inform this Council:

1. whether the Government has taken any actions to arouse public awareness of the illegal use of industrial buildings as office premises beyond the allowable ratio; if so, of the effects of such actions; and the extent of such illegal use throughout the territory, and whether the actions taken by the Government have been effective or adequate in tackling the problem;
2. of the percentages in respect of the sale, leasing and vacancy positions of industrial and office buildings respectively in Kwai Tsing in each of the past three years according to the records of the Rating and Valuation Department; and whether the illegal use of industrial buildings as office premises in Kwai Tsing has any effect on the compilation of such figures;
3. whether the Kwai Tsing District Lands Office has carried out inspections to ascertain if there are any industrial buildings in Kwai Tsing that are illegally used as office premises in the past year; if so, of the number of industrial buildings inspected, the number of industrial buildings found to have been used as office premises illegally and the number of prosecutions instituted against the building owners concerned; and
4. how the statistics mentioned in the answer to (c) above compare with those in other districts?

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

* For written reply.

III. Government Bills

First Reading

1. Mental Health (Amendment) Bill 1997

2. Dangerous Drugs (Amendment) Bill 1997

Second Reading

Debates to be adjourned

Debates to be resumed

Committee Stage and Third Reading

IV. Members' Motions

1. Interpretation and General Clauses Ordinance

Mr Fred LI :

That the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) (Amendment) (No.2) Rules 1996, published as Legal Notice No.544 of 1996 and laid on the table of the Legislative Council on 8 January 1997, be amended -

1. in section 2 by repealing "90%" and substituting "100%";
2. in section 3 by repealing "90%" and substituting "100%";
3. in section 5(a), (b) and (c) by repealing "90%" wherever it appears and substituting "100%";
4. in section 6, in the new section 6 by repealing "90%" and substituting "100%".

Public Officer to attend : Secretary for Trade and Industry

2. Presidency of the Legislative Council of Hong Kong

Mrs Elizabeth WONG :

That, in view of the Government's staunch opposition to the setting up of the provisional legislature and the public's strong reaction to the decision of the Honourable Andrew WONG, President of the Legislative Council, to join the provisional legislature, in the event that the Honourable Andrew WONG does not resign from the presidency of the Council so as to safeguard the impartiality and integrity of the office, this Council urges the Government to seek a declaration from the court that:

the Honourable Andrew WONG, being president of the Legislative Council, has conflicts of interest when required to adjudicate on issues relating to the provisional legislature of which he is a member.

Amendment to Mrs Elizabeth WONG's motion

Mr David CHU :

To delete ", in view of the Government's staunch opposition to the setting up of the provisional legislature and the public's strong reaction to the decision of" and substitute with "this Council believes that"; to delete "to join the provisional legislature, in the event that the Honourable Andrew WONG does not resign from the presidency of the Council so as" and substitute with "will still have the ability"; to delete "the" of "the office" and substitute with "his"; to add "as the President of this Council" after "office"; and to delete ", this Council urges the Government to seek a declaration from the court that:

the Honourable Andrew WONG, being president of the Legislative Council, has conflicts of interest when required to adjudicate on issues relating to the provisional legislature of which he is a member" and substitute with "after joining the provisional legislature, and will help in the continuity of the legislature".

3. Consultation paper on Copyright Bill

Mr Henry TANG :

That this Council urges the Government to consider carefully all views put forward on the Copyright Bill consultation document so as to ensure that the right and equitable balance of interest is struck between the copyright owner, the exclusive licensee, the parallel importer and the consumer.

Public Officer to attend : Secretary for Trade and Industry