Revised version
(Issued at 11:00 am on 13.10.97)

A 97/98-12(1)

Provisional Legislative Council

Agenda
Wednesday 15 October 1997 at 2:30 pm

I.Papers

Sessional Papers

II. Questions

1.Mr CHIM Pui-chung to ask :

(Translation)

It is reported that the Legal Aid Department provided legal aid to a person, who had been injured after inhaling the smell of pesticide, to claim compensation. As a result, the Department bore a considerable amount of costs. In this connection, will the Government inform this Council of:

1. the entire process of the claim for compensation;

2. the total costs (interest included) incurred by the Department in the case, and the person responsible for approving the payment of the costs; and

3. the criteria adopted by the Department in determining the amount of assistance granted and whether there is an upper limit of the amount; and how it ensures that every aided person is treated consistently?

Public Officer to reply : Chief Secretary for Administration

2. Mr Ambrose LAU to ask :

(Translation)

It is reported that the Social Welfare Department has cut the number of new recruits due to a slow down in the growth of social welfare spending this year, and this has resulted in a number of social service programmes failing to meet the set targets. Meanwhile, among more than 900 fresh graduates of full-time degree and diploma courses in social work, 70% are still unable to obtain employment. In this connection, will the Government inform this Council:

1. of the employment situation of fresh social work graduates in terms of whether they are employed, unemployed or under-employed;

2. of the factors leading to the above situation of unemployment or under-employment, and whether it has resulted from a slow down in the development of social services or from the oversupply of social work places;

3. whether it will conduct investigations into allegations made by some fresh social work graduates that in seeking jobs they have been discriminated against on the ground of religious belief; and

4. of the measures in place to assist fresh social work graduates in finding jobs?

Public Officer to reply : Secretary for Health and Welfare

3.Mr WONG Siu-yee to ask :

(Translation)

During the World Bank and International Monetary Fund annual meetings held in Hong Kong, the departments concerned made a series of traffic re-directions which resulted in traffic chaos. Take 23 September as an example, traffic in the Central District and the surrounding area came to a standstill for almost the entire day. In this connection, will the Government inform this Council:

1. whether any review has been undertaken to determine the propriety of the traffic arrangements made by the departments concerned during that period; if so, what the findings are; and

2. whether the departments concerned have learned any lessons from the traffic arrangements on this occasion, so that similar traffic chaos will not recur when big international events take place in future on non-public holidays in Hong Kong; if so, what the details are?

Public Officer to reply : Secretary for Transport

4.Mrs Selina CHOW to ask :

(Translation)

It is reported that the average traffic volume of the Western Harbour Crossing (WHC) is currently around 20 000 vehicles per day, which is much less than half of the original estimate of 59 000 vehicles per day made by the Transport Department. In this connection, will the Government inform this Council:

1. whether the daily average traffic volume of the WHC is lower than expected; if so, what the reasons are;

2. whether, in order to attract more motorists, it will consider reducing the tolls of the WHC, particularly in view of the fact that they are higher than those of the other two cross-harbour tunnels; and

3. whether it will adopt other measures to encourage more motorists to use the WHC; if so, what the details are?

Public Officer to reply: Secretary for Transport

5.Dr HO Chung-tai to ask :

(Translation)

On 19 and 20 August this year, the air pollution index (API) exceeded 100 for two consecutive days for the first time. The Environmental Protection Department explained that the weather condition and undispersed motor vehicle emissions were the main causes. In this connection, will the Government inform this Council of the following:

1. the principal cause of air pollution in Hong Kong;

2. the impact of air pollution on the health of the public, especially those working long hours outdoor, when the API exceeds 100;

3. whether it has considered issuing health guidelines to the public, listing out the matters to be noted and the measures to be adopted when the air quality deteriorates;

4. the specific measures adopted by the Government to improve the air quality of the territory and to reduce motor vehicle emissions; amongst the measures adopted, whether it has studied the feasibility of the use of motor vehicles driven with natural gas and electricity, and the reinforcement of the control over the increase in the number of motor vehicles; and

5. details of the facilities for monitoring the air quality at street level?

Public Officer to reply

: Secretary for Planning, Environment and Lands

6.Miss CHAN Yuen-han to ask :(Translation)

According to the regulations concerning the retirement of civil servants, where retired civil servants enter into business or are employed within a specified period after retirement and the principal part of such business or employment is carried on in Hong Kong, they are required to obtain prior approval. It is learned that an Assistant Director of Information Services (on D2 scale) applied for retirement in March 1997 and was given approval to retire in November 1997 and to proceed on pre-retirement leave from March 1997. This official has taken up employment in two private organizations respectively in June and since September this year. In this connection, will the Government inform this Council whether:

1. civil servants of all ranks are subjected to the relevant regulations upon retirement; if so, whether there are respective sets of criteria for respective ranks;

2. in general, the Advisory Committee on Post-Retirement Employment processes and approves the applications from retired civil servants leniently; if so, whether it contravenes the spirit of the relevant requirement; and

3. the said retired Assistant Director of Information Services has been given approval to be employed during the specified period and the effective date of such employment?

Public Officer to reply : Secretary for the Civil Service

* 7. Ms CHOY So-yuk to ask :

(Translation)

With regard to repair works in Temporary Housing Areas, will the Government inform this Council:

1. of the time taken by the Housing Department to complete repair works after receiving such requests from residents thereof; and

2. whether work on such repair is often delayed and if so, whether the Housing Department has reviewed the causes of such delay and identified any solution?

Public Officer to reply : Secretary for Housing

* 8.Mr MOK Ying-fan to ask :

(Translation)

Regarding the geriatric day hospital (GDH) established in the Yau Ma Tei Specialist Clinic Extension, will the Government inform this Council:

1. of the types of services provided by this GDH, and the channels or referral procedures through which members of the public can gain access to the services of this GDH;

2. of the number of elderly who attended the above GDH in each of the past three years;

3. whether the services at this GDH are only offered to residents in the district who are at or over the age of 60; if so, whether there are plans to extend the services to residents in other districts who are at or over the age of 60;

4. whether, apart from this GDH, there are other GDHs operating in public hospitals or clinics; if so, what the total attendances at such GDHs in each of the past three years are; and

5. whether the Government or the Hospital Authority has any plans to set up such specialist hospitals in other districts; if so, of the working timetable and the amount of funds to be incurred; if not, why not?

Public Officer to reply : Secretary for Health and Welfare

* 9. Mr Henry TANG to ask :

(Translation)

Although the strength of the Hong Kong dollar remains unaffected under the linked exchange rate system amid recent devaluations of several Southeast Asian currencies, the export trade of Hong Kong has suffered a blow. In this connection, will the Government inform this Council what impact this Southeast Asian currency turmoil will have on Hong Kong's economy (in particular the import and export trade) in the long run and what will the counter-measures put in place be in this regard?

Public Officer to reply : Secretary for Financial Services

*10.Mr KAN Fook-yee to ask :

(Translation)

It is reported that the Special Adviser to the Chief Executive agreed that democratic parties in Hong Kong must be won over in order to make the Special Administrative Region (SAR) Government more acceptable to the public. In this connection, will the Government inform this Council:

1. of its assessment of the present level of the public's acceptance of the SAR Government;

2. whether it has formulated a set of policies in winning over democratic parties in the territory; and

3. apart from democratic parties, whether it will devise strategies to win the support of other political parties?

Public Officer to reply : Secretary for Home Affairs

*11. Mr CHAN Wing-chan to ask :

(Translation)

Will the Government inform this Council:

1. in respect of the three years from 1994 to 1996, of the:
   1. nominal and real wage indices and wage increase rates; and

   2. labour productivity and rates of labour productivity growth;

      in Hong Kong, broken down by "industry sector" and "occupation group"; and

2. whether the rates of overall labour productivity growth in these three years were higher than the rates of overall real wage increase during the same period; if so, whether the wage increases have had the effect of fuelling inflation in Hong Kong?

Public Officer to reply : Secretary for Financial Services

*12.Mr CHENG Yiu-tong to ask :

(Translation)

Under the Supplementary Labour Scheme, if an application for a certain type of posts involves vacancies of 15 or more, the Employees Retraining Board will consider organising tailor-made courses for that particular type of posts. In this regard, will the Government inform this Council:

1. of the number of applications as at the end of August 1997 which involve a certain type of posts with 15 or more vacancies, together with a breakdown of the vacancies in these applications by sector and by post; and

2. of the number of tailor-made retraining courses organised by the Employees Retraining Board for the applications mentioned in item (a); the number of people who graduated from these courses, and the number of graduates who were successfully employed in the vacancies mentioned in the answer to item (a); and the reasons why some graduates failed to get employed successfully?

Public Officer to reply

: Secretary for Education and Manpower

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

It is reported that because of its lax legislative controls on importation of waste, Hong Kong has becomemade it a popular place for trans-shipment of waste from foreign countries, Some of which those "Western wastes" even contain toxic substances. It is also learnt that the destinations of Meanwhile,most of the wastes trans-shipped through Hong Kong are provinces and cities in ofthe Mainland. In this regard, will the Government inform this Council:

1. whether the local legislation on waste control is more lenient, with regard to penalty and deterrent effect, than the relevant by relatedlegislation of other signatories to the Basel Convention;

2. of the establishment ofthe staffing establishment in the EnvironmentalEnviornmental Protection Department responsible for the responsible for control of importation of wastes; whether it has undertaken any review on the adequacy of such manpower; if soyes, what is the findings and follow-up actions are; and

3. whether it has any plans to strengthen co-operation with provinces and cities inof the Mainland against the importation of wastes; if soyes, what are the details are?

Public Officer to reply

: Secretary for Planning, Environment and Lands

*14.Mr CHAN Kam-lam to ask :(Translation)

As the Chief Executive earlier undertook to completely clear the two squatter areas at Diamond Hill by 2001, will the Government inform this Council:

1. of the current number of occupants in these squatter areas;

2. whether it has formulated any specific timetable for the clearance of these squatter areas; if so, what the details are;

3. of the land use plan for these squatter areas after clearance, and the estimated number of public and private housing units that will be provided; and

4. whether it has any plan for the clearance of all squatter areas in Hong Kong; if so, what the specific plan is?

Public Officer to reply : Secretary for Housing

*15.Mr LEE Kai-ming to ask :

(Translation)

In February this year, a container exploded in Lung Cheung Road whilst in transit. Also, a container truck exploded in Siu Lik Yuen whilst unloading. In the light of these incidences, will the Government inform this Council of:

1. the causes of such incidents, and the measures in place to prevent the recurrence of similar incidents; and

2. the controls over the transport of dangerous goods by container trucks, and the measures in place to safeguard drivers, the workers concerned and the public?

Public Officer to reply: Secretary for Security

*16.Mr K K FUNG to ask :

(Translation)

Will the Government inform this Council, as at 15 September 1997, of:

1. the number of traffic accidents in each district in Hong Kong, resulting in pedestrians being killed or injured in the past three years and the number of casualties involved;

2. the number of victims at or above the age of 60 among the casualties mentioned in the answer to (a) above; and

3. the measures in place to reduce the number of traffic accidents in various districts as well as the number of casualties involved (especially accidents involving the elderly), and when it will review the effectiveness of such measures?

Public Officer to reply : Secretary for Transport

*17.Dr YEUNG Chun-kam to ask :

(Translation)

Regarding its pledge to supply an average of 85 000 residential flats a year over the next ten years, will the Government inform this Council:

1. of the actual number of residential flats produced in each of the past five years and how it differed from the original estimate;

2. whether it is anticipating any difficulties in fulfilling the pledge; if so, what the major difficulties are going to be; and

3. of the other measures, besides the pledge, to ensure an adequate supply of residential flats to the public?

Public Officer to reply : Secretary for Housing

*18.Mr MA Fung-kwok to ask :

(Translation)

Will the Government inform this Council of the following since the establishment of the Hong Kong Special Administrative Region (HKSAR) Government:

1. the number of mainland-born children who landed unlawfully in Hong Kong (illegal immigrant children) and subsequently surrendered to the Immigration Department (the Department), and the number of "recognizance forms" (commonly known as "going-out passes") issued to such children by the Department;

2. the number of illegal immigrant children who have been repatriated by the Department, and among them, the number who surrendered themselves to the Department after the establishment of the HKSAR Government; and

3. the number of cases referred by the Department to the Chief Executive in Council for consideration under section 53 of the Immigration Ordinance, involving illegal immigrant children applying for review; and the number of such cases on which the Chief Executive in Council has concluded deliberation, and the average period of extension of stay granted to the applicants concerned?

Public Officer to reply : Secretary for Security

*19.Dr TANG Siu-tong to ask :

(Translation)

A few months ago, the Housing Department demanded public housing tenants who had installed split-type air-conditioners to move the compressor units into their flats. Regarding the installation of air-conditioners by public housing tenants, will the Government inform this Council:

1. of the present number of public housing tenants in Hong Kong who have installed split-type air-conditioners at unsuitable positions;

2. how the Housing Department can ensure that the tenants concerned will install the air-conditioners at suitable positions; and

3. whether the position of the compressor units inside the flats will affect the residents' health?

Public Officer to reply: Secretary for Housing

*20.Dr David LI to ask :

It is reported that privately-run ferries are operating between Tuen Mun and Tung Chung and that students from Tuen Mun are taking the twenty-minute ferry ride instead of the two-hour bus journey to and from their schools in Tung Chung. In this connection, will the Government inform this Council whether it has undertaken any study on the adequacy of public transport for students travelling from Tuen Mun to Tung Chung; if so, what the findings are?

Public Officer to reply: Secretary for Transport

* For written reply.

III. Bills

First Reading

1. Employment and Labour Relations (Miscellaneous Amendments) Bill 1997

2. Employment (Amendment) (No.5) Bill 1997

3. Occupational Deafness (Compensation) (Amendment) (No.2) Bill 1997

Second Reading

Debates to be adjourned

1. Employment and Labour Relations (Miscellaneous Amendments) Bill 1997 :	Secretary for Education and Manpower
2. Employment (Amendment) (No.5) Bill 1997	: Secretary for Education and Manpower
3. Occupational Deafness (Compensation) (Amendment) (No.2) Bill 1997	: Secretary for Education and Manpower

IV. Motions

1.Companies Ordinance

Secretary for Financial Services :

That the Companies (Fees and Percentages) (Amendment) (No.2) Order 1997, made by the Chief Justice on 26 September 1997, be approved.

2.Registered Trustees Incorporation Ordinance

Secretary for Financial Services :

That the Registered Trustees Incorporation Ordinance (Amendment of Second Schedule) Order 1997, made by the Secretary for the Treasury on 26 September 1997, be approved.

V. Members' Motions

1.Interpretation and General Clauses Ordinance

Mr James TIEN :

That -

1. the Securities and Futures Commission (Fees) (Amendment) Rules 1997 ("the amendment Rules"), published as Legal Notice No. 430 of 1997 and laid on the table of the Provisional Legislative Council on 10 September 1997, be repealed and that the provisions of the Securities and Futures Commission (Fees) Rules (Cap. 24 sub. leg.) ("the principal Rules") in force immediately before the commencement of the amendment Rules shall, as from the date of publication of this Resolution, be revived and be in force; and

2. notwithstanding anything in this Resolution, the fees provided for in the principal Rules as amended by the amendment Rules and applying immediately before the date of publication of this Resolution shall continue to be payable in relation to any application lodged or anything done under the principal Rules between the date of commencement of the amendment Rules and the date of publication of this Resolution as if this Resolution had not been made and passed.

Public Officer to attend : Secretary for Financial Services

2.Interpretation and General Clauses Ordinance

Mr James TIEN :

That the Trade Marks (Amendment) Rules 1997, published as Legal Notice No. 438 of 1997 and laid on the table of the Provisional Legislative Council on 10 September 1997, be repealed.

Public Officer to attend: Secretary for Trade and Industry

3.Request for reduction and review of medical blunders

Mr MOK Ying-fan :

(Translation)

That, in view of the recent series of blunders made by medical staff in the discharge of their duties, thereby causing psychological or physical traumas and even death to members of the public, this Council urges the Government to request the Hospital Authority to formulate and implement measures aimed at reducing medical blunders, immediately review the existing mechanism for handling complaints about medical blunders, and consider the setting up of a transparent and widely representative statutory supervisory body to oversee the investigations into medical blunders and assess the investigation reports, so as to ensure that complaints lodged will be adjudicated fairly and safeguard the legitimate rights of the public when receiving medical services.

Amendment to Mr MOK Ying-fan's motion

Dr C H LEONG :

(Translation)

To delete "consider the setting up of a transparent and widely representative statutory supervisory body to oversee the investigations into medical blunders and assess the investigation reports" and substitute with "enhance the transparency and representativeness of this mechanism by including more people who are not members of the Hospital Authority or of the medical and health care professions".

Public Officer to attend: Secretary for Health and Welfare

4.Speeding up the pace of democratization in Hong Kong

Mr CHAN Choi-hi :

(Translation)

That this Council urges the Government of the Hong Kong Special Administrative Region to initiate steps to amend the Basic Law with a view to speeding up the pace of democratization in Hong Kong in order that the Chief Executive and all Members of the Legislative Council be returned by direct election as soon as possible, and give effect to the principles of 'Hong Kong people ruling Hong Kong' and 'a high degree of autonomy'.

Amendments to Mr CHAN Choi-hi's motion

1.Mr Kennedy WONG :

(Translation)

To delete "initiate steps to amend the Basic Law with a view to speeding up the" and substitute with "strengthen education across the board so as to enhance residents' civic awareness and political knowledge, thereby matching the gradual and orderly"; to delete "in order that" and substitute with "in accordance with the Basic Law, and making proper preparation for possible amendments to the methods for the election of the Chief Executive and for the formation of the Legislative Council after the year 2007 as stipulated in the Basic Law, thus advancing towards the target of returning"; and to delete "be returned" and "as soon as possible, and give effect to the principles of 'Hong Kong people ruling Hong Kong' and 'a high degree of autonomy'".

2.Mr IP Kwok-him :(Translation)

To add "to consult, after the completion of the election of the first Legislative Council, all sectors of the community on whether or not the Basic Law should be amended," after "Hong Kong Special Administrative Region"; to delete "initiate steps to amend the Basic Law with a view to speeding" and substitute with "speed"; to delete "in order that" and substitute with "and to return"; and to delete "be returned" and "as soon as possible, and give effect to the principles of 'Hong Kong people ruling Hong Kong' and 'a high degree of autonomy'".

Public Officer to attend: Secretary for Constitutional Affairs

Clerk to the Provisional Legislative Council