Legislative Council of the Hong Kong Special Administrative Region

Revised version
A 97/98-22(1)

Provisional Legislative Council

Agenda

Wednesday 7 January 1998 at 2:30 pm

I. Papers

Subsidiary Legislation	L.N. No.
1. Legislative Council (Subscribers and Election Deposit for Nomination) Regulation	603/97
2. Distribution of Number of Members Among Designated Bodies (Election Committee) (Legislative Council) Order 1997	604/97
3. Maximum Scale of Election Expenses (Legislative Council) Order 1997	605/97
4. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.6) Order 1997	616/97
5. Banking Ordinance (Declaration under Section 2(14)(d))(No.3) Notice 1997	617/97
6. Occupational Safety and Health Regulation (L.N.332 of 1997) (Commencement) Notice 1997	618/97
7. Buildings (Amendment) Ordinance 1996 (54 of 1996) (Commencement) (No.5) Notice 1997	619/97
8. Building (Administration) (Amendment) (No.4) Regulation 1997 (L.N.514 of 1997) (Commencement) Notice 1997	620/97
9. Building (Demolition Works) (Amendment) Regulation 1997 (L.N.515 of 1997) Commencement) Notice 1997	621/97
10. Aviation Security Regulation	622/97
11. Hospital Authority Ordinance (Amendment of Schedule 1) Order 1997	623/97
12. Places for Post Mortem Examination (Amendment) (No.3) Order 1997	624/97
13. Prisons (Amendment) (No.3) Order 1997	625/97
14. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.7) Order 1997	626/97
15. Admission and Registration (Amendment) Rules 1997	627/97
16. Continuing Professional Development Rules	628/97
17. Sex Discrimination (Investigation and Conciliation) (Amendment) Rules 1997	629/97
18. Disability Discrimination (Investigation and Conciliation) (Amendment) Rules 1997	630/97
19. Declaration of Change of Title (Advisory Council on the Environment) Notice 1997	631/97
20. Import and Export (General) Regulations (Amendment of Schedules) (No.2) Order 1997 (L.N.529 of 1997) (Commencement) Notice 1997	632/97
21. Long term Prison Sentences Review Regulation (L.N.607 of 1997) (Commencement) Notice 1997	633/97
22. Resolution of the Provisional Legislative Council (L.N.610 of 1997) (Commencement) Notice 1997	634/97

II. Questions

Question permitted by the President under Rule 24(4) of the Rules of Procedure

Prof NG Ching-fai to ask : (Translation)

In an attempt to totally eradicate the influenza A virus H5N1, the Government has recently taken actions to slaughter the chickens in the territory. However, the way the Government buried the carcasses at landfills creates worry in some members of the public that the virus might spread further. In this connection, will the Government inform this Council:

(a) before deciding on such actions, what environmental and hygiene assessments have been made to ensure that the virus will not spread by using such a method; what the details of the assessments are; and

(b) whether it has studied if the method is in line with the international standards and measures adopted in handling the source of virus; if it does not fall in line, what immediate remedial measures are in place to dispose of the carcasses?

Public Officer to reply

Secretary for Planning, Environment and Lands
Secretary for Health and Welfare

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

As there are now 17 days of general holidays in addition to all Sundays, but only 11 days of statutory holidays in Hong Kong each year, will the Government inform this Council:

(a) of the basis for determining the number of statutory holidays under the Employment Ordinance;

(b) of the reasons for the difference in the number of statutory holidays and general holidays; and

(c) whether it will gradually increase the number of statutory holidays to the same as that of general holidays; if so, when this will be implemented; if not, why not?

Public Officer to reply : Secretary for Education and Manpower

2. Mr Kennedy WONG to ask : (Translation)

In view of the recent economic downturn in Hong Kong, the community is pessimistic about the economic prospects for 1998. In this connection, will the Government inform this Council of the measures it will take to boost the community's confidence in the prospects of the economy, so as to maintain social stability?

Public Officer to reply : Financial Secretary

3. Mr WONG Siu-yee to ask : (Translation)

Will the Government inform this Council:

(a) of the countries which offer visa-free entry to the Hong Kong Special Administrative Region (HKSAR) passport holders;

(b) of the countries whose passport holders are granted visa-free entry into Hong Kong;

(c) of the number of complaints, broken down by countries, received by the Administration up to the end of 1997, against countries which, despite their agreement to offer visa-free entry, refused holders of HKSAR passport to enter or required them to complete visa application procedures before entry into their territories; and

(d) whether it has any specific plans to further publicize and promote the HKSAR passport, for the purpose of obtaining the agreement of more countries to grant visa-free entry treatment to its holders; if so, what the details are?

Public Officer to reply : Secretary for Security

4. Mr YEUNG Yiu-chung to ask : (Translation)

Will the Government inform this Council:

(a) of its current policy on the recognition of academic qualifications conferred by educational institutions in the Mainland; whether there are any differences between the policy at present and that before the reunification; if so, what the differences are; if not, whether it will review the policy so that academic qualifications conferred by Mainland educational institutions will be appropriately recognized;

(b) of the current number of teachers in government schools and government-funded schools who only have bachelors degrees conferred by recognized Mainland educational institutions, together with the names of these institutions; and

(c) whether it has a list of the non-local educational institutions awarding academic qualifications recognized in Hong Kong; if so, whether and in what way the list is different before and after the reunification?

Public Officers to reply : Secretary for the Civil Service

Secretary for Education and Manpower

5. Ms CHOY So-yuk to ask : (Translation)

Will the Government inform this Council:

(a) how the establishment of each directorate grade in the civil service on 1 December 1997 compared with that on 1 January 1997; of the respective personal emolument of the directorate posts that were created or deleted; and of the personal emolument of the non-directorate posts created to support these new directorate posts;

(b) how the increase or decrease in the establishment of each directorate grade during the above period compared with those in the corresponding period in 1996;

(c) of the estimated number of directorate posts to be created within the remainder of 1997/98, together with the personal emolument involved; and

(d) of the number of directorate posts created or to be created, how many are for coping with new demands arising from the transfer of sovereignty?

Public Officer to reply : Secretary for the Civil Service

6. Mr Allen LEE to ask : (Translation)

Recently, there have been complaints from the public about misleading advertisements placed by some travel agencies because the fees actually required for the relevant tours are higher than those published in the advertisements. In this connection, will the Government inform this Council:

(a) whether there is any existing legislation prohibiting the placing of untrue or misleading commercial advertisements; if so, of the maximum penalty for such offences; if not, why not;

(b) of the channels through which complaints against misleading advertisements can be lodged; and

(c) whether it will step up the monitoring of the contents of advertisements and impose heavier penalties on companies placing untrue or misleading advertisements?

Public Officer to reply : Secretary for Trade and Industry

* 7. Mr CHENG Yiu-tong to ask : (Translation)

With regard to the "Pilot Scheme For Entry of People's Republic of China's Professionals" which was introduced in 1994, will the Government inform this Council of:

(a) the number of persons who came to work in Hong Kong under the Scheme each year; and

(b) a breakdown of the data in respect of these persons on a yearly basis by:

(i) sex and age;

(ii) sex and education level;

(iii) age and education level;

(iv) education level and trades in which they were employed in Hong Kong;

(v) education level and positions held in Hong Kong;

(vi) age and trades in which they were employed in Hong Kong;

(vii) age and positions held in Hong Kong?

Public Officer to reply : Secretary for Education and Manpower

* 8. Mr LAU Kong-wah to ask : (Translation)

According to the records kept by the Social Welfare Department (SWD), the number of child abuse cases in Hong Kong has been on the rise, especially those involving new arrivals. In this connection, will the Government inform this Council whether:

(a) it will consider distributing publicity booklets to new arrivals at immigration control points, so as to facilitate their understanding of the meaning of child abuse and of the services currently provided by the Government for the prevention of child abuse;

(b) it will consider providing additional social workers to the newly developed districts, such as Tuen Mun, Yuen Long, Tai Po, and North District, where new arrivals usually reside, so as to prevent child abuse; and

(c) the SWD will consider setting up a telephone hotline to answer questions raised by members of the public in relation to child abuse?

Public Officer to reply : Secretary for Health and Welfare

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

Will the Government inform this Council:

(a) of the current speed limits of vessels in Hong Kong waters;

(b) whether any vessels are exempted from the speed limits; if so, of the types of such vessels and the criteria for exempting them from the limits; and

Public Officer to reply : Secretary for Economic Services

*10. Mr CHAN Choi-hi to ask : (Translation)

Will the Government inform this Council:

(a) which government department is responsible for co-ordinating matters relating to Taiwan authorities or non-governmental organizations (NGOs); and

(b) in order to facilitate non-governmental and commercial exchanges between Hong Kong and Taiwan, whether it has planned to set up communication channels with NGOs in Taiwan and considered relaxing the entry visa requirements for Taiwanese residents to visit Hong Kong?

Public Officer to reply : Secretary for Constitutional Affairs

*11. Dr TANG Siu-tong to ask : (Translation)

It is reported that a large number of wife-battering cases took place in Tuen Mun district in the past 3 years. In this connection, will the Government inform this Council:

(a) whether it has examined the reasons for so many wife-battering cases taking place in the district;

(b) whether it will subsidize the Harmony House in engaging additional social workers for providing counselling services; if not, why not; and

Public Officer to reply : Secretary for Health and Welfare

*12. Mr HUI Yin-fat to ask : (Translation)

Will the Government inform this Council:

(a) of the total number of persons currently living in accommodation known as "cage homes" in Hong Kong and among them, the number of those aged 60 or above;

(b) of the number of current "cage home" lodgers who are already registered on the General Waiting List, and whether they will be given priority in the allocation of public housing flats; and

(c) whether it will impose a total ban on "cage homes"; if so, what the details of the relevant policy and the timetable for its implementation are; if not, why not?

Public Officer to reply : Secretary for Home Affairs

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

Will the Government inform this Council of:

(a) the number of persons who came to work in Hong Kong with employment visas between 1994 and 1996; and

(b) a breakdown of the data in respect of these persons by:

(i) sex and age;

(ii) sex and education level;

(iii) age and education level;

(iv) education level and trades in which they were employed in Hong Kong;

(v) education level and positions held in Hong Kong;

(vi) age and trades in which they were employed in Hong Kong;

(vii) age and positions held in Hong Kong?

Public Officer to reply : Secretary for Security

*14. Mr Kennedy WONG to ask : (Translation)

Public places during the Lunar New Year are particularly crowded. In this connection, will the Government inform this Council whether it will take measures to step up the maintenance of order in public places during festive days, so as to ensure public safety?

Public Officer to reply : Secretary for Security

*15. Mr CHENG Yiu-tong to ask : (Translation)

The "General Importation of Labour Scheme" which was introduced in 1989 has ended. In this connection, will the Government inform this Council of:

(a) the number of persons who came to work in Hong Kong under the Scheme each year; and

(b) a breakdown of the data in respect of these persons by:

(i) sex and age;

(ii) sex and education level;

(iii) age and education level;

(iv) education level and trades in which they were employed in Hong Kong;

(v) education level and positions held in Hong Kong;

(vi) age and trades in which they were employed in Hong Kong;

(vii) age and positions held in Hong Kong?

Public Officer to reply : Secretary for Education and Manpower

*16. Mr HUI Yin-fat to ask : (Translation)

The Secretary for Education and Manpower has estimated that the Government will incur an annual recurrent expenditure of about $1.22 billion as well as a capital expenditure of about $1.075 billion in the next five years, in order to provide school places, support services and subsidies for some 66 000 newly arrived children with the status of Hong Kong permanent residents. In this connection, will the Government inform this Council of:

(a) the specific breakdowns of such recurrent expenditure and capital expenditure; and

(b) the details of spending on the implementation of a school-based support scheme as well as learning and language induction programmes for the newly arrived children, if they are within the scope of the above expenditure?

Public Officer to reply : Secretary for Education and Manpower

*17. Mrs Elsie TU to ask :

Regarding the rent allowance payable under the Comprehensive Social Security Assistance (CSSA) Scheme, will the Government inform this Council of:

(a) the current number of rent allowance recipients living in private residential buildings and the total amount of rent allowance being paid to them; and

(b) the current number of rent allowance recipients living in public housing and the total amount of rent allowance being paid to them?

Public Officer to reply : Secretary for Health and Welfare

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

In view of the increasing use of foam plastic containers in Hong Kong and the absence of local legislation governing or regulating the use or disposal of such containers, will the Government inform this Council:

(a) whether it is aware of the respective quantities and values of foam plastic containers produced locally and imported in the past five years;

(b) of the means to dispose of discarded foam plastic containers;

(d) whether it has any plan to recover the cost involved in the disposal of such containers; and

(e) of the measures in place to reduce the use of foam plastic containers in Hong Kong?

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

*19. Ms CHOY So-yuk to ask : (Translation)

Will the Government inform this Council:

(a) of the number of discussions held with academics and the financial sector since 23 October 1997 on the linked exchange rate system, the knock-on effect of the attack on the Hong Kong dollar in the stock market, as well as the measures adopted during the attacks on the Hong Kong dollar; and of the contents and outcome of such discussions;

(b) whether it has considered setting up a mechanism to strengthen liaison with academics and the financial sector and to hold regular discussions with them to examine ways to promote monetary affairs in the territory; and whether it has considered building an "infrastructure of knowledge" consisting of Government officers, members of the public, the financial sector and academics;

(d) whether it has considered setting up an independent investigation committee to look into matters relating to the financial crisis; if so, what the plan is; if not, what the reasons are;

(e) whether the measures adopted to defend the exchange rate of the Hong Kong dollar when it was once again under pressure in mid-December 1997 differed from those adopted in late October 1997; if so, how they are different; and how the authority will improve the ways in defending the linked exchange rate; and

(f) whether the Financial Secretary has discussed with any persons or organizations during his visit to the United Kingdom in late November 1997 matters relating to the linked exchange rate of the Hong Kong dollar; if so, what the details are?

Public Officer to reply : Secretary for Financial Services

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

Will the Government inform this Council of:

(a) the number of people arrested for working in Hong Kong illegally in each of the past five years, together with their nationalities and the trades they engaged in;

(b) the estimated number of people who are now working in Hong Kong illegally; and

Public Officer to reply : Secretary for Security

* For written reply.

III. Bills

First Reading

Housing (Amendment) (No.3) Bill 1997

Second Reading

Debate to be adjourned

Housing (Amendment) (No.3) Bill 1997 :Secretary for Housing

IV. Motions

1. Hong Kong Court of Final Appeal Ordinance

Chief Secretary for Administration :

That the appointment of -

(a) Lord Nicholls of Birkenhead; and

(b) Lord Hoffman,

as judges of the Hong Kong Court of Final Appeal from other common law jurisdictions pursuant to section 9 of the Hong Kong Court of Final Appeal Ordinance be endorsed.

2. Kowloon-Canton Railway Corporation Ordinance

Secretary for Transport :

That the Kowloon-Canton Railway Corporation (Amendment) Bylaw 1997, made by the Kowloon-Canton Railway Corporation on 4 August 1997, be approved.

3. Kowloon-Canton Railway Corporation Ordinance

Secretary for Transport :

That the North-west Railway (Amendment) Bylaw 1997, made by the Kowloon-Canton Railway Corporation on 4 August 1997, be approved.

4. Mass Transit Railway Corporation Ordinance

Secretary for Transport :

That the Mass Transit Railway (Amendment) Bylaw 1997, made by the Mass Transit Railway Corporation on 29 July 1997, be approved.

5. Airport Authority Ordinance and Interpretation and General Clauses Ordinance

Secretary for Economic Services :

That the Airport Authority Bylaw, made by the Airport Authority on 22 November 1997, be approved subject to the following amendments -

(a) by deleting section 22(a) and substituting -

"(a) stop, park or use any vehicle (including an electric vehicle and a trailer, but excluding a vehicle used for transport by a disabled person) in any part of the PTB and the GTC which is not a road, parking area or other area designated for use by vehicles; or";

(b) in section 48(1)(a), by deleting " " and substituting " ";

(i) in subsection (2)(d), by deleting "a driver as provided in section 43 of the Ordinance and/or";

(ii) in subsection (4), by deleting "and (d)";

(d) in Schedule 1, by deleting "Light good vehicle" and substituting "Light goods vehicle";

(e) in section 7 of Part V of Schedule 2 -

(i) in paragraph (a), by deleting ", 23(2) and 24(2)" and substituting "and 23(2)";

(ii) in paragraph (b), by deleting "24(3)" and substituting "24(2) and (3)".

V. Members' Motions

1. Interpretation and General Clauses Ordinance

Dr C H LEONG :

That in relation to the -

(a) Merchant Shipping (Prevention and Control of Pollution) (Charges for Discharge of Polluting Waste) (Amendment) Regulation 1997, published as Legal Notice No.569 of 1997;

(b) Waste Disposal (Permits and Licences) (Forms and Fees) (Amendment) Regulation 1997, published as Legal Notice No.570 of 1997;

(d) Water Pollution Control (General) (Amendment) Regulation 1997, published as Legal Notice No.572 of 1997;

(e) Employment Agency (Amendment) Regulation 1997, published as Legal Notice No.576 of 1997;

(f) Air Pollution Control (Specified Processes) (Amendment) Regulation 1997, published as Legal Notice No.577 of 1997;

(g) Air Pollution Control (Open Burning) (Amendment) Regulation 1997, published as Legal Notice No.578 of 1997;

(h) Air Pollution Control (Asbestos) (Administration) (Amendment) Regulation 1997, published as Legal Notice No.579 of 1997;

(i) Ozone Layer Protection (Fees) (Amendment) Regulation 1997, published as Legal Notice No.580 of 1997;

(j) Noise Control (General) (Amendment) Regulation 1997, published as Legal Notice No.581 of 1997;

(k) Noise Control (Air Compressors) (Amendment) Regulation 1997, published as Legal Notice No.582 of 1997;

(l) Noise Control (Hand Held Percussive Breakers) (Amendment) Regulation 1997, published as Legal Notice No.583 of 1997;

(m) Dumping at Sea (Fees) (Amendment) Regulation 1997, published as Legal Notice No.584 of 1997; and

(n) Road Traffic Ordinance (Amendment of Schedule 10) Order 1997, published as Legal Notice No.585 of 1997,

and laid on the table of the Provisional Legislative Council on 10 December 1997, 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 14 January 1998.

2. Improving the Home Ownership Scheme

Mr CHENG Kai-nam : (Translation)

That, as the Tenants Purchase Scheme has been launched, this Council urges the Government to modify and improve the Home Ownership Scheme (HOS) by adopting the following measures:

(a) allow HOS flat owners, on selling their flats in the secondary HOS flats market, to purchase second-hand HOS flats for their own use;

(b) increase the ratio of white-form applicants for allocation of HOS flats;

(c) set aside a certain portion of the proceeds from the sale of HOS flats for the setting up of a maintenance fund for these flats; and

(d) request the Housing Authority to bear responsibility for the 'problem HOS flats' caused by faulty construction works or insufficient monitoring.

Amendment to Mr CHENG Kai-nam's motion

Mr K K FUNG : (Translation)

To delete "set aside" and substitute with "inject"; to delete "for the setting up of a" and substitute with "into the existing"; to delete "and" from "maintenance fund for these flats; and"; and to add "; and (e) refer to the pricing arrangement of the Tenants Purchase Scheme in providing buyers of HOS flats with the option of purchasing these flats at 30% to 70% of their market prices, in order to accommodate the different financial circumstances of these buyers" after "insufficient monitoring".

Public Officer to attend : Secretary for Housing

3. Medical insurance for teachers in all government-funded schools in the territory

Mr YEUNG Yiu-chung : (Translation)

That this Council urges the Government of the Hong Kong Special Administrative Region to take out medical insurance policies for teachers in all government-funded schools in the territory so as to reduce the disparity in fringe benefits between teachers in government schools and those in government-funded schools.

Public Officer to attend : Secretary for Education and

Manpower

Clerk to the Provisional Legislative Council