Legislative Council of the Hong Kong Special Administrative Region

Revised version
A 97/98-34(1)

Provisional Legislative Council

Agenda
Tuesday 7 April 1998 at 2:30 pm and
Wednesday 8 April 1998 at 9:00 am

7 April 1998

I. Papers

Subsidiary Legislation	L.N. No.
Marriage and Children (Miscellaneous Amendments)Ordinance 1997 (69 of 1997) (Commencement) Notice 1998	199/98

Sessional Papers

1. No.106-	Report of changes to the approved Estimates of Expenditure approved during the third quarter of 1997-98 (Public Finance Ordinance : Section 8)
(to be presented by Secretary for the Treasury)
2. No.107-	Report of the Broadcasting Authority September 1996 - August 1997
(to be presented by Secretary for Broadcasting, Culture and Sport)
3. No.108-	Employees' Compensation Insurance Levies Management Board Annual Report 1996/97
(to be presented by Secretary for Education and Manpower)
4. No.109-	Employees Compensation Assistance Fund Board Annual Report 1996/97
(to be presented by Secretary for Education and Manpower)
5. No.110-	Occupational Safety and Health Council Annual Report 1996-1997
(to be presented by Secretary for Education and Manpower)

Reports

1. Report of the Committee on Rules of Procedure 1997/98

(to be presented by Mrs Selina CHOW, Chairman of the Committee on Rules of Procedure, who will address the Council)

2. Report of the Panel on Health Services 1997/98

(to be presented by Dr TANG Siu-tong, Chairman of the Panel, who will address the Council)

3. Report of the Panel on Administration of Justice and Legal Services 1997/98

(to be presented by Mr Ambrose LAU, Chairman of the Panel, who will address the Council)

4. Report of the Panel on Education 1997/98

(to be presented by Mr YEUNG Yiu-chung, Chairman of the Panel, who will address the Council)

5. Report of the Panel on Environmental Affairs 1997/98

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

6. Report of the Panel on Home Affairs 1997/98

(to be presented by Mrs Peggy LAM, Chairman of the Panel, who will address the Council)

7. Report of the Panel on Housing 1997/98

(to be presented by Miss CHAN Yuen-han, Chairman of the Panel, who will address the Council)

8. Report of the Panel on Information Policy 1997/98

(to be presented by Ms CHOY So-yuk, Chairman of the Panel, who will address the Council)

9. Report of the Panel on Manpower 1997/98

(to be presented by Mr CHAN Kam-lam, Chairman of the Panel, who will address the Council)

10. Report of the Panel on Planning, Lands and Works 1997/98

(to be presented by Mr Edward HO, Chairman of the Panel)

11. Report of the Panel on Public Service 1997/98

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

12. Report of the Panel on Security 1997/98

(to be presented by Mrs Selina CHOW, Chairman of the Panel, who will address the Council)

13. Report of the Panel on Trade and Industry 1997/98

(to be presented by Mr NGAI Shiu-kit, Chairman of the Panel)

14. Report of the Panel on Welfare Services 1997/98

(to be presented by Mr WONG Siu-yee, Chairman of the Panel, who will address the Council)

15. Report of the Bills Committee on Adaptation of Laws (Interpretative Provisions) Bill

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

16. Report of the Bills Committee on Legal Practitioners (Amendment) Bill 1998

(to be presented by Mrs Miriam LAU, Chairman of the Bills Committee, who will address the Council)

17. Report of the Bills Committee on Adaptation of Laws (Nationality Related Matters) Bill

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

18. Report of the Bills Committee on Land (Compulsory Sale for Redevelopment) Bill

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

19. Report of the Bills Committee on Inland Revenue (Amendment) Bill 1998

(to be presented by Mr IP Kwok-him, Chairman of the Bills Committee, who will address the Council)

20. Report of the Bills Committee on Inland Revenue (Amendment) (No.2) Bill 1998

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

21. Report of the Bills Committee on Stamp Duty (Amendment) (No.2) Bill 1998

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

II. Addresses

Mr CHAN Wing-chan, Mrs Selina CHOW and Secretary for Economic Services to address the Council separately on the Public Health (Animals and Birds) (Amendment) (No.2) Regulation 1998, Food Business (Urban Council) (Amendment) Bylaw 1998 and Food Business (Regional Council) (Amendment) Bylaw 1998, which are subsidiary legislation laid on the Table of the Council on 4 March and 11 March 1998 respectively.

III. Questions

1. Mr Howard YOUNG to ask :

Will the Government inform this Council whether the former Tamar site will be employed for any short-term purpose before works on the new government office buildings start; if so, what the details are?

Public Officer to reply

Secretary for Planning,
Environment and Lands

2. Prof NG Ching-fai to ask : (Translation)

Will the Government inform this Council whether it knows the exact date for implementing the home financing scheme for tertiary institution staff and whether the scheme can be implemented in the next academic year; if it cannot be implemented by that time, the reasons for it?

Public Officer to reply

Secretary for Education
And Manpower

3. Mr Kennedy WONG to ask : (Translation)

Will the Government inform this Council:

of the plans to organize or organize jointly with non-governmental organisations activities to celebrate the first anniversary of Hong Kong's reunification with the motherland;
of the details and estimated expenditure of such activities (such as issuing special publications and souvenirs); and
whether there is any plan to launch publicity campaigns abroad in this respect, so as to enhance overseas countries' understanding of Hong Kong's situation after the reunification?

Public Officer to reply : Secretary for Home Affairs

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

It is reported that a government official lodged a complaint with the management of a television broadcasting company about the comments made on him by a compere in a programme due to his non-appearance in that programme, and the Chief Secretary for Administration later expressed her support for that official's move. In this connection, will the Government inform this Council whether:

it knows why that official chose to complain to the management of the television broadcasting company, rather than responding to the compere's comments through other channels, such as appearing in the programme to make a response;
it has studied if the Chief Secretary for Administration's expression of her support for that official's move will affect the Government's relationship with the media;
there is any plan to formulate guidelines and procedures for government officials to follow when lodging complaints against the media; if so, what the details are; if not, why not; and
it has studied if this incident will affect the freedom of the press and, if it will be, of the follow-up actions to be taken by the authorities?

Public Officer to reply : Secretary for Home Affairs

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

Will the Government inform this Council:

of the number of traffic accidents involving heavy vehicles which occurred at Lam Kam Road in the past three years; and
whether it has studied how to improve the design of Lam Kam Road, especially the design of road bends; if so, what the results (including the implementation programme for improvement works and the anticipated effectiveness of such works) are?

Public Officer to reply : Secretary for Transport

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

Will the Government inform this Council whether there are lessees who have paid land premium to the Government and are currently required to pay government rent equivalent to 3% of the rateable value of their land; if so, whether it will consider abolishing the levy of government rent to avoid double charges?

Public Officer to reply

Secretary for Planning,

Environment and Lands

* 7. Mr LEE Kai-ming to ask : (Translation)

It is reported that the authorities have decided to double the size of the V.I.P. Room at the new airport which is nearing completion, and will thus incur an additional construction cost of $40 million. In this connection, will the Government inform this Council of:

the reasons for the decision to double the size of the V.I.P. Room at the new airport, when it is nearing completion; and
the cost per square foot of the expanded V.I.P. Room at the new airport and the method of calculating the cost; and how it compares to the average cost of five-star hotels?

Public Officer to reply : Secretary for Works

* 8. Dr YEUNG Chun-kam to ask : (Translation)

It is learned that in recent years some companies in the service sectors (such as computing services and accounting firms, and companies providing supporting services to the manufacturing sector) have relocated their business to the Mainland. In this connection, will the Government inform this Council:

whether it knows the number of companies in the service sectors which have relocated their business to the Mainland in each of the past three years and the consequential number of posts lost in the local market; if such information is not available, whether the authorities will consider compiling statistics in this respect; and
whether it has assessed the impact of the relocation of these companies on the local labour market; if so, what the details are?

Public Officer to reply : Secretary for Financial
Services

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

Recently, a property developer successfully bid for a hotel site in Ma On Shan at a price of about $200 per square foot. In this connection, will the Government inform this Council:

of the number of valid tenders received in that particular tendering exercise, and the price offered in each of the tenders;
of the land development cost per square foot of the site and the method of calculating the cost;
whether it has stipulated in the sale and purchase agreement that the land use of the site cannot be changed in future; if not, why not;
whether it had set an internal upset price for the above site; if so, of the basis for setting the upset price as well as the upset price per square foot for the above site on that basis; if not, how the authority decided whether or not the bidding price of the successful tenderer was reasonable; and
whether it has studied the effect of the price in this land sale on the prices of future land sales; if so, what the details are?

Public Officer to reply

Secretary for Planning,
Environment and Lands

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

The Electrical Products (Safety) Regulation will come into operation in May this year, but as the List of Recognized Certification Bodies was published by the Electrical and Mechanical Services Department (EMSD) only on 16 January this year, dealers in electrical products may not have sufficient time to send their products to the certification bodies for testing prior to the commencement of the Regulation. In this connection, will the Government inform this Council:

of the reasons for the EMSD publishing the List of Recognized Certification Bodies only on 16 January this year; and
whether it has looked into the difficulties faced by the dealers and considered deferring the commencement of the Regulation to a later date?

Public Officer to reply : Secretary for Economic Services

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

Regarding the implementation of the Residential Care Homes (Elderly Persons) Ordinance, will the Government inform this Council:

of the total number of private residential care homes in Hong Kong as at March this year and, among these residential care homes, of the respective numbers of those which have either been issued with licences or are holding certificates of exemption;
of the validity period of the certificates of exemption issued to these residential care homes;
of the criteria adopted by the authorities in approving applications for the renewal of certificates of exemption, and the number of residential care homes which had to cease operation during the past two years because of non-renewal of their certificates of exemption;
of the progress of the financial assistance scheme implemented by the authority to assist private residential care homes in carrying out improvement works so as to comply with the licensing requirements; and of the number of residential care homes which have been granted financial assistance under the scheme and, among them, the number of those which have obtained licences after being granted such assistance; and
whether it plans to require those private residential care homes which have been issued with certificates of exemption as at the end of 1996 to obtain licences before a certain deadline; if not, why not?

Public Officer to reply : Secretary for Health and Welfare

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

Will the Government inform this Council:

whether it knows:
1. the circumstances under which a practising pharmacist will be disqualified for practice;
2. of the total number of practising pharmacists who were disqualified for practice in the past three years; and of the circumstances involved; and
whether it has any plans to amend the legislation so as to step up the regulation of practising pharmacists; if so, what the details are?

Public Officer to reply : Secretary for Health and Welfare

*13. Mrs Peggy LAM to ask : (Translation)

It is reported that, having concluded the vetting exercise, the Appeals Committee for Medium of Instruction (the Appeals Committee) considered that 14 of the secondary schools which had lodged appeals could continue to use English as the medium of teaching. In this connection, will the Government inform this Council:

whether it knows the criteria (including student ability, teacher capability and support strategies and programmes) according to which the Appeals Committee conducted the vetting exercise, and the differences between the criteria used by the Appeals Committee for considering the appeals of the secondary schools and those used by the Vetting Committee for Medium of Instruction Guidance for Secondary Schools;
of the respective percentages of Secondary 1 entrants of each school who belong to the following groups under the Medium of Instruction Grouping Assessment in the total number of Secondary 1 students in each Chinese-medium secondary school and English-medium secondary school throughout the territory, in each of the past three years:
1. Group I (i.e. able to learn effectively in either Chinese or English);
2. Group II (i.e. able to learn more effectively in Chinese); and
3. Group III (i.e. able to learn better in Chinese but may also learn effectively in English); and
whether it knows the respective proportions of graduates from Chinese-medium secondary schools and English-medium secondary schools in the total intake of the various tertiary institutions, in each of the past three years?

Public Officer to reply

Secretary for Education
and Manpower

*14. Mr TAM Yiu-chung to ask : (Translation)

Will the Government inform this Council of:

the total number of cases in which elderly people living in public housing sought assistance from the authorities for being battered or maltreated by family members living with them, in the past three years; and
the measures in place to assist those elderly people, for example, by allocating other public rental flats to them?

Public Officer to reply : Secretary for Health and Welfare

*15. Mr Ambrose LAU to ask : (Translation)

The Report of the Preparatory Committee on Chinese Medicine recommends that traditional Chinese medicine should be included, on a gradual basis, in Hong Kong's health care system. In this connection, will the Government inform this Council:

of the specific plans for implementing the above recommendation (including the timetable for implementation);
whether it will consider providing Chinese medicine out-patient service in public hospitals, so as to relieve the financial burden of senior citizens in seeking Chinese medicine treatment and to enhance public confidence in the safety and efficacy of Chinese medicine; if so, when such arrangements will be implemented; if not, why not; and
of the plans to promote research and training in the use of Chinese medicine, and to facilitate mutual exchanges and co-operation between Hong Kong and the Mainland in scientific researches on Chinese medicine, for instance, by sending government officials or sponsoring relevant organizations to pay study visits to the State Chinese Medicine Quality Assessment Centre?

Public Officer to reply : Secretary for Health and Welfare

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

Will the Government inform this Council whether:

before proceeding with urban redevelopment projects in a district, it will consult the affected operators of public light buses (PLBs) and green minibuses (GMBs) and make necessary arrangements in respect of the termini and routes of the PLBs and GMBs affected during the redevelopment period; if not, why not; and
it will make corresponding arrangements in respect of the original termini and routes of PLBs and GMBs in the district, upon the completion of redevelopment; if not, why not?

Public Officer to reply : Secretary for Transport

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

The interbank interest rates in Hong Kong have eased lately, but the Hong Kong Association of Banks (HKAB) decided to slightly lower the prime rate only on 27 March 1998. In this connection, will the Government inform this Council:

whether it is aware of the reasons why, before that date, the HKAB had not lowered the prime rate;
whether it has studied if it was appropriate for the HKAB to have decided not to lower the prime rate before that date; if so, what the results are; and
of the objective conditions for determining and adjusting the prime rate?

Public Officer to reply : Secretary for Financial Services

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

Following the incident in February last year in which a container truck exploded whilst in transit, a container truck exploded recently while transporting used motor cycles. In this connection, will the Government inform this Council whether:

it has assessed if the improvement measures (including the guidelines on the safe loading and mounting of goods on vehicles formulated by the Transport Department) adopted by various government departments in the wake of the incident in February last year are adequate to prevent the recurrence of similar incidents; if so, what the findings are; and
it will consider introducing legislation to stipulate that non-closed vehicles shall be used for conveyancing cars, motor cycles or engines with fuel tanks; if not, why not?

Public Officer to reply : Secretary for Security

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

It has been reported that severe soil settlement has occurred in the Tseung Kwan O Industrial Estate which is situated in a reclamation area. In this connection, will the Government inform this Council:

of the causes of the soil settlement in the Industrial Estate; and the party which will bear the responsibility for the losses arising from the soil settlement;
of the reclamation areas which were reclaimed by the same method as that adopted for the Tseung Kwan O Industrial Estate;
whether the authorities have prescribed in the reclamation contracts the specific reclamation methods that have to be used by contractors, and the responsibility of contractors for the maintenance work concerned should soil settlement occur within a certain period after the reclamation; and
of the methods for stabilizing the sludge on the sea floor when reclamation is carried out?

Public Officer to reply : Secretary for Works

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

Will the Government inform this Council of the number of foreign passport holders who were denied entry into Hong Kong in each of the past three years, and the criteria according to which the authorities made those decisions?

Public Officer to reply : Secretary for Security

* For written reply.

IV. Bills

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

1. Adaptation of Laws (Courts and Tribunals) Bill

Chief Secretary for Administration

2. Adaptation of Laws (Interpretative Provisions) Bill

Secretary for Justice

3. Legal Practitioners (Amendment) Bill 1998

Secretary for Justice

4. Adaptation of Laws (Nationality Related Matters) Bill

Secretary for Security

5. Adaptation of Laws (Crown Land) Bill

Secretary for Planning,
Environment and Lands

6. Land (Compulsory Sale for Redevelopment) Bill

Secretary for Planning,
Environment and Lands

7. Inland Revenue (Amendment) Bill 1998

Secretary for the Treasury

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

Secretary for the Treasury

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

Secretary for the Treasury

V. Motions

Interpretation and General Clauses Ordinance

Secretary for Broadcasting, Culture and Sport :

(See Resolution at Appendix)

VI. Members' Motions

1. Interpretation and General Clauses Ordinance

Mr Henry WU :

That the Securities and Futures Commission (Fees) (Amendment) Rules 1998, published as Legal Notice No. 166 of 1998 and laid on the table of the Provisional Legislative Council on 11 March 1998, be repealed.

8 April 1998

2. Formulating development strategies

Mr CHENG Yiu-tong : (Translation)

That this Council urges the Government to expeditiously formulate development strategies for Hong Kong's long-term needs and goals.

Public Officer to attend

Secretary for Planning,
Environment and Lands

3. Attracting foreign investments in developing innovative industries

Mr Henry TANG: (Translation)

That this Council urges the Government to vigorously create an investment environment to attract foreign investments in developing innovative industries in Hong Kong.

Public Officer to attend

Secretary for Trade
and Industry

4. Valedictory Motion

Dr C H LEONG : (Translation)

That this Council concludes its historic mission and wishes for the smooth formation of the first Legislative Council to continue to serve the people of the Hong Kong Special Administrative Region.

Clerk to the Provisional Legislative Council