Legislative Council of the Hong Kong Special Administrative Region

Revised version
A 97/98-29(1)

Provisional Legislative Council

Agenda
Wednesday 4 March 1998 at 2:30 pm

I. Papers

Subsidiary Legislation	L.N. No.
1. Prevention of Bribery Ordinance (Amendment of Schedule) Order 1998	125/98
2. Specification of Arrangements (Arrangements with the Mainland of China for the Avoidance of Double Taxation on Income) Order	126/98
3. Shipping and Port Control (Hong KongChina and Macau Ferry Terminals) (Amendment) Regulation 1998	148/98
4. Companies Ordinance (Amendment of Eighth Schedule) Order 1998	149/98
5. Official Languages (Alteration of Text under section 4D) Order 1998	150/98
6. Public Revenue Protection (Hotel Accommodation Tax) Order 1998	151/98
7. Public Revenue Protection (Estate Duty) Order1998	152/98
8. Public Revenue Protection (Rating) Order 1998	153/98
9. Public Revenue Protection (Stamp Duty) Order1998	154/98
10. Rectification of Error (No.2) Order 1998	155/98
11. Tax Reserve Certificates (Rate of Interest) Notice 1998	156/98
12. Fugitive Offenders (United Kingdom) Order(L.N. 595 of 1997) (Commencement) Notice 1998	157/98
13. Bankruptcy (Amendment) Ordinance 1996 (76 of 1996) (Commencement) Notice 1998	158/98
14. Bankruptcy (Amendment) Rules 1998 (L.N. 77 of 1998) (Commencement) Notice 1998	159/98
15. Meetings of Creditors (Repeal) Rules 1998 (L.N. 79 of 1998) (Commencement) Notice 1998	160/98
16. Bankruptcy (Forms) (Amendment) Rules 1998 (L.N. 81 of 1998) (Commencement) Notice 1998	161/98
17. Bankruptcy (Fees and Percentages) (Amendment) Order 1998 (L.N. 83 of 1998) (Commencement) Notice 1998	162/98
18. Proof of Debts (Amendment) Rules 1998 (L.N. 85 of 1998) (Commencement) Notice 1998	163/98
19. Law Reform (Miscellaneous Provisions and Minor Amendments) Ordinance 1997 (80 of 1997) (Commencement) Notice 1998	164/98
20. Public Health (Animals and Birds) (Amendment) (No.2) Regulation 1998	165/98

Sessional Papers

1.No. 88-	Traffic Accident Victims Assistance Fund Annual Report by the Director of Social Welfare Incorporated for the year from 1 April 1996 to 31 March 1997
(to be presented by Secretary for Health and Welfare)
2.No. 89-	Hospital Authority Annual Report 1996-1997 with Statement of Accounts and Auditor's Report
(to be presented by Secretary for Health and Welfare)
3.No. 90-	Statement of Accounts of the Samaritan Fund together with the Director of Audit's Report for the year ended 31 March 1997
(to be presented by Secretary for Health and Welfare)

Reports

1. Report of the Bills Committee on the Immigration (Amendment) Bill 1998

(to be presented by Mr Howard YOUNG, Chairman of the Bills Committee, who will address the Council)

2. Report of the Bills Committee on the Protection of the Harbour (Amendment) Bill 1997

(to be presented by Dr Mrs TSO WONG Man-yin, Chairman of the Bills Committee, who will address the Council)

II. Questions

1. Dr Mrs TSO WONG Man-yin to ask : (Translation)

Recently, some Hong Kong people have been injected with an radioisotope reagent contaminated by the pathogen which causes Creutzfeldt-Jakob Disease. In this connection, will the Government inform this Council of:

the radioisotope pharmaceutical products which were only registered under either the Pharmacy and Poisons Ordinance or the Radiation Ordinance in each of the past 5 years;
the radioisotope pharmaceutical products which were registered under both Ordinances annually in the same period;
the number of prosecutions against importers for failing to register their radioisotope pharmaceutical products annually in the same period; and the number of successful prosecutions; and
the differences between the regulatory system and registration procedures for radioisotope pharmaceutical products in Hong Kong and in foreign countries (such as the USA and Britain)?

Public Officer to reply : Secretary for Health and Welfare

2. Mr Kennedy WONG to ask :

(Translation)

It is learnt that, as a result of the financial turmoil and the fluctuations in Hong Kong's interbank rates, some foreign-funded financial institutions have, in conducting their lending business, reduced the amount of loans to Hong Kong people as far as possible, and some have even requested the early repayment of loans. In this connection, will the Government inform this Council:

whether it has assessed the impact of this situation on the economy of Hong Kong and on the business environment of various trades; if so, what the findings are; and
whether it has considered adopting any specific measures (such as relaxing the loan ceiling of some banks with a Hong Kong dollars deposit basis), so as to alleviate the impact of this situation on Hong Kong's economy?

Public Officer to reply : Secretary for Financial Services
3. Mr LAU Kong-wah to ask :
(Translation)

The trading in the stock of a listed company may be suspended temporarily by the Securities and Futures Commission (SFC) or the Stock Exchange of Hong Kong Limited (SEHK) in accordance with statutory provisions. In this connection, will the Government inform this Council:

of the respective numbers of cases in which trading was suspended in each of the past three years, the reasons for such suspensions, the average length of suspension and the results of the investigation into and analysis of the companies concerned during the suspension;
whether the SFC or the SEHK is required to make known to the public the reasons for the suspension of trading; if so, of the details of such requirements; if not, whether it will consider stipulating such a requirement;
whether there is a time limit for the suspension of trading; if so, what the details are; if not, what the reasons are and whether it will consider stipulating such a requirement; and
of the channels through which investors can monitor the propriety or otherwise of the decisions to suspend trading?

Public Officer to reply : Secretary for Financial Services
4. Mr NG Leung-sing to ask :
(Translation)

In the wake of the recent incident in which an aircraft crashed into residential premises in Taiwan, will the Government inform this Council whether it has reviewed the arrangements for aircrafts operated by airlines with poorer safety records taking off and landing at Hong Kong's airport; if so, what the results are; if not, why not?

Public Officer to reply : Secretary for Economic Services

* 5. Mr CHOY Kan-pui to ask :

(Translation)

Will the Government provide a breakdown, by immigration control points, of the number of complaints (including verbal and written complaints) against immigration control officers received in each of the past three years, and the major issues involved in these cases?

Public Officer to reply : Secretary for Security

* 6. Dr LAW Cheung-kwok to ask :

(Translation)

It is learnt that Hong Kong dollar deposits within the territorys banking system in October 1997 registered a substantial decrease against those in September of the same year. In this connection, will the Government inform this Council whether:

it is aware of the major reasons for the substantial decrease in the aggregate amount of Hong Kong dollar deposits in October last year;
it has studied the implications of the decrease in Hong Kong dollar deposits for the economy of the territory; if so, what the findings are; and
it is aware of any sustained decrease in Hong Kong dollar deposits; if so, the measures it will adopt to keep the downward trend in check?

Public Officer to reply : Secretary for Financial Services

* 7. Mr Henry WU to ask :

(Translation)

It is learnt that ground settlement occurred in a newly occupied Home Ownership Scheme (HOS) estate, which caused great anxiety among the residents. In this connection, does the Government know:

the number of public housing estates and HOS estates (including those under the Private Sector Participation Scheme) in Hong Kong having potential risks of ground settlement;
of the party responsible for repairing the ground settlement in these public housing estates or HOS estates, and the time limit for the completion of the repair works;
of the party responsible for the repair works and compensation for the damage to the flats of residents and the public facilities caused by ground settlement in these public housing estates or HOS estates, and the time limit for the completion of the repair works; and
how the relevant authority ensures that ground settlement will not occur in these public housing estates and HOS estates?

Public Officer to reply : Secretary for Housing

* 8. Dr Mrs TSO WONG Man-yin to ask :

(Translation)

The Chief Executive has proposed in his Policy Address that by 2001, the percentage of graduate teaching posts in primary schools would be raised to 35%. In this connection, will the Government inform this Council whether it knows:

the percentage of graduate teaching posts in junior forms of secondary schools by that time; and
of the arrangements that will be made to step up on-the-job training for certificated Masters/Mistresses in junior forms of secondary schools, and in regard to their promotion prospects?

Public Officer to reply

Secretary for Education
and Manpower

* 9. Mr Howard YOUNG to ask :

Will the Government inform this Council whether any maintenance works have been carried out on the Tsing Ma Bridge and Kap Shui Mun Bridge since the commencement of their operation in 1997; if so, of the nature, details and frequency of such maintenance works?

Public Officer to reply : Secretary for Transport

*10. Mr CHAN Choi-hi to ask :

(Translation)

Will the Government inform this Council whether:

public housing tenants receiving the Comprehensive Social Security Assistance (CSSA) payments are allowed to purchase public housing flats under the Tenants Purchase Scheme; if so, of the criteria adopted by the relevant authorities for deciding whether such tenants are allowed to purchase public housing flats;
the tenants concerned will be disqualified from receiving the CSSA payments after they have purchased public housing flats and become property owners; and
the Social Welfare Department has assessed the amount, from the rent allowance received by such CSSA recipients, which will consequently be used as mortgage payments?

Public Officer to reply : Secretary for Health and Welfare

*11. Dr LAW Cheung-kwok to ask :

(Translation)

Will the Government inform this Council whether, since the establishment of the Special Administrative Region, there have been incidents in which confidential documents for the meetings of the Executive Council had been divulged before the meetings were held; if so:

whether it has conducted any investigation into the incidents; if so, what the results are; and
of the responsibilities, including legal responsibilities, which a person has to bear for divulging the confidential documents of the Executive Council?

Public Officer to reply : Chief Secretary for Administration

*12. Dr TANG Siu-tong to ask :

(Translation)

Will the Government inform this Council:

of the present number of medical practitioners in the territory who are qualified as specialists in family medicine;
whether it has considered providing additional resources to strengthen the training in family medicine at both the undergraduate and postgraduate levels in medical education; if not, why not; and
whether it will consider extensively promoting knowledge in family medicine to the public; if not, why not?

Public Officer to reply : Secretary for Health and Welfare

*13. Mr LEE Kai-ming to ask :

(Translation)

It is reported that, on 22 February this year, a coach crashed down a slope allegedly as a result of speeding and brake failure, resulting in many passengers being injured. In this connection, will Government inform this Council whether:

there is any plan to conduct a safety check on all coaches in Hong Kong; if not, why not;
it will amend the legislation to impose heavier penalties for speeding so as to achieve a deterrent effect; if not, why not; and
there is any plan to organize territory-wide road safety campaigns to educate drivers and members of the public with a view to enhancing their awareness of road safety; if so, what the details are; if not, why not?

Public Officer to reply : Secretary for Transport

*14. Mr CHAN Choi-hi to ask :

(Translation)

It is learnt that, in view of the recent economic downturn in the territory, the Housing Authority (HA) has decided to put a one-year freeze on the rents of its commercial tenants. In this connection, does the Government know whether the HA will also freeze the rent payable by commercial tenants who have renewed their tenancy agreements before February this year?

Public Officer to reply : Secretary for Housing

* For written reply.

III. Bills

First Reading

1. Inland Revenue (Amendment) Bill 1998

2. Inland Revenue (Amendment) (No.2) Bill 1998

3. Stamp Duty (Amendment) Bill 1998

4. Stamp Duty (Amendment) (No.2) Bill 1998

5. Estate Duty (Amendment) Bill 1998

6. Dutiable Commodities (Amendment) Bill 1998

7. Air Passenger Departure Tax (Amendment) Bill 1998

Second Reading

Debates to be adjourned

1. Inland Revenue (Amendment) Bill 1998	:	Secretary for the Treasury
2. Inland Revenue (Amendment) (No.2) Bill 1998	:	Secretary for the Treasury
3. Stamp Duty (Amendment) Bill 1998	:	Secretary for the Treasury
4. Stamp Duty (Amendment) (No.2) Bill 1998	:	Secretary for the Treasury
5. Estate Duty (Amendment) Bill 1998	:	Secretary for the Treasury
6. Dutiable Commodities (Amendment) Bill 1998	:	Secretary for the Treasury
7. Air Passenger Departure Tax (Amendment) Bill 1998	:	Secretary for the Treasury

Debates to resume

8. Road Traffic (Validation of Collection of Fees) Bill

Secretary for Transport

9. Immigration (Amendment) Bill 1998

Secretary for Security

10. Protection of the Harbour (Amendment) Bill 1997

Secretary for Planning,
Environment and Lands

Committee Stage and Third Reading

1. Road Traffic (Validation of Collection of Fees) Bill	:	Secretary for Transport
2. Immigration (Amendment) Bill 1998	:	Secretary for Security
3. Protection of the Harbour (Amendment) Bill 1997	:	Secretary for Planning, Environment and Lands

IV. Motions

Public Finance Ordinance

Secretary for the Treasury :

(See Resolution at Appendix)

V. Members' Motions

1. Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That in relation to the Lifts and Escalators (Safety) (Fees) (Amendment) Regulation 1998, published as Legal Notice No. 64 of 1998, and laid on the table of the Provisional Legislative Council on 11 February 1998, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 18 March 1998.

2. Interpretation and General Clauses Ordinance

Mr NG Leung-sing :

That in relation to the -

Telecommunication (Amendment) Regulation 1998, published as Legal Notice No.52 of 1998; and
Telephone (Repeal) Regulation 1998, published as Legal Notice No.66 of 1998,

and laid on the table of the Provisional Legislative Council on 11 February 1998, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 18 March 1998.

Public Officer to attend : Secretary for Economic Services

3. Strengthening the supervision of the safety measures of public transport

Mr CHOY Kan-pui :

(Translation)

That this Council urges the Government to strengthen the supervision of the safety measures of public transport.

Public Officer to attend : Secretary for Transport

4. Review of the Comprehensive Social Security Assistance Scheme

Mr TAM Yiu-chung :

(Translation)

That this Council urges that, in reviewing the Comprehensive Social Security Assistance (CSSA) Scheme, the authorities should focus on expanding the support and retraining services for persons receiving CSSA payment on the ground of unemployment and on improving the method of calculating deductions from CSSA payments, so as to encourage unemployed persons to rejoin the labour market early, put public funds to good use, and enable other CSSA recipients to receive better care; furthermore, this Council urges the Government to consult the Legislative Council before making any decision in respect of the review.

Public Officer to attend

Secretary for Health and Welfare

Clerk to the Provisional Legislative Council