Legislative Council of the Hong Kong Special Administrative Region

Revised version
A 97/98-21(1)
(Issued at 11:00 am on 15.12.97)

Provisional Legislative Council

Agenda
Wednesday 17 December 1997 at 2:30 pm

I. Papers

	Subsidiary Legislation	L.N. No.
1.	Immigration (Amendment) (No.2) Regulation 1997	593/97
2.	Fugitive Offenders (Singapore) Order	594/97
3.	Fugitive Offenders (United Kingdom) Order	595/97
4.	Dangerous Drugs Ordinance (Amendment of Second Schedule) (No.3) Order 1997	599/97
5.	Kowloon-Canton Railway (Restricted Area) (No.2) Notice 1997	600/97
6.	Shipping and Port Control Regulations (Amendment of Third Schedule) Notice 1997	601/97
7.	Shipping and Port Control Regulations (Amendment of Fifth Schedule) Notice 1997	602/97

Sessional Papers

1.No.46-	Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 1996-97
(to be presented by Secretary for Health and Welfare)
2.No.47-	Sir Edward Youde Memorial Fund Report of the Board of Trustees for the period 1 April 1996 to 31 March 1997
(to be presented by Secretary for Home Affairs)
3.No.48-	The Sir Murray MacLehose Trust Fund Trustee's Report for the period 1 April 1996 to 31 March 1997
(to be presented by Secretary for Home Affairs)
4.No.49-	Grantham Scholarships Fund Annual Report for the year 1 September 1996 to 31 August 1997
(to be presented by Secretary for Home Affairs)
5.No.50-	AIDs Trust Fund 1996-97 Annual Accounts
(to be presented by Secretary for Health and Welfare)
6.No.51-	Hong Kong Productivity Council Annual Report 1996/97
(to be presented by Secretary for Trade and Industry)
7.No.52-	The Accounts of the Lotteries Fund 1996-97
(to be presented by Secretary for the Treasury)
8.No.53-	Provisional Regional Council Revised Estimates of Expenditure 1997/98
(to be presented by Secretary for Broadcasting, Culture and Sport)
9.No.54-	Revised list of works annexed to the Provisional Regional Council's Estimates of Revenue and Expenditure for 1997/98
(to be presented by Secretary for Broadcasting, Culture and Sport)
10.No.55-	Provisional Urban Council A list of revised works for the quarter ended 30 September 1997
(to be presented by Secretary for Broadcasting, Culture and Sport)
11.No.56-	Report of the Chinese Temples Committee on the administration of the Chinese Temples Fund for the year ended 31 March 1997
(to be presented by Secretary for Home Affairs)
12.No.57-	Report of the Chinese Temples Committee on the administration of the General Chinese Charities Fund for the year ended 31 March 1997
(to be presented by Secretary for Home Affairs)
13.No.58-	Report of the Brewin Trust Fund Committee on the administration of the Fund for the year ended 30 June 1997
(to be presented by Secretary for Home Affairs)
14.No.59-	Emergency Relief Fund Annual Report by the Trustee for the year ending on 31 March 1997
(to be presented by Secretary for Health and Welfare)
15.No.60-	Hong Kong Housing Authority Annual Report 1996/97
(to be presented by Secretary for Housing)
16.No.61-	Hong Kong Housing Authority Annual Accounts for the year ended 31 March 1997 and Balance Sheet as at that date
(to be presented by Secretary for Housing)
17.No.62-	Equal Opportunities Commission Annual Report 1996/97
(to be presented by Secretary for Home Affairs)
18.No.63-	Social Work Training Fund Thirty-sixth Annual Report by the Trustee for the years ending on 31 March 1997
(to be presented by Secretary for Health and Welfare)

II. Questions

1.Mr James TIEN to ask :

It is learnt that the European Monetary Unification (EMU) will come into effect on 1 January 1999. In this connection, will the Government inform this Council:

whether it has studied the impact of the EMU on the economy of Hong Kong, especially the export and re-export trade of Hong Kong; if so, what the findings are; and
how government policy bureaux such as the Trade and Industry Bureau, and relevant organizations such as the Hong Kong Trade Development Council, will assist the industrial and commercial sectors in coping with the change and other associated problems?

Public Officer to reply : Secretary for Trade and Industry
2.Mr WONG Siu-yee to ask :
(Translation)

It is learned that the efficiency of the report rooms in certain police stations in handling the reporting of cases by the public has been relatively low since the computerization of the report rooms. Police officers on duty relate this to the speed of the computers. In this regard, will the Government inform this Council:

of the main factors determining the efficiency of the report room staff in using computers to handle the reporting of cases;
of the average time taken by the report room staff in using computers to finish handling a reported case; and the difference in time, compared to a case processed manually; and
whether, before the computerization of the report rooms of police stations, the authorities had assessed the ability of prospective users in operating computers; if so, whether all the current users have reached the required proficiency standard?

Public Officer to reply : Secretary for Security
3.Mr MOK Ying-fan to ask :
(Translation)

Regarding the expenses on and the permanent use of the former Government House, will the Government inform this Council of:

the breakdown of the expenses on the former Government House since 1 July 1997 up to the present;
the criteria to be adopted for determining the permanent use of the former Government House; and
the current application procedure for using the former Government House and the criteria for approving such applications?

Public Officer to reply: Chief Secretary for Administration
4.Mr CHAN Choi-hi to ask :
(Translation)

In view of a recent incident in which the employees of a chemical trading company felt sick after inhaling the cyanide gas leaking from the storage containers in the company, will the Government inform this Council whether:

it will review the adequacy of existing legislation in regulating the storage of industrial toxic gases in private companies; and
it will consider stepping up inspections so as to ensure that toxic chemicals are properly stored in private companies?

Public Officer to reply: Secretary for Security
5. Mr Howard YOUNG to ask :

Extensive and stringent crowd control measures imposed by the Police during the various firework displays this year had caused difficulty to hotels in providing proper service to guests and affected the patronage to hotel restaurants. In this connection, will the Government inform this Council:

whether there will be firework displays next year, including during the Chinese New Year holidays; if so, of the crowd control measures to take in various popular viewing sites, such as those along the Victoria Harbour; and
whether the authority has, since the firework display at Tuen Mun at midnight on 1 January 1997, imposed more stringent crowd control measures for viewing firework displays; if so, what the reasons are, and whether it will consider reverting to those measures previously adopted?

Public Officer to reply

Secretary for Broadcasting, Culture and Sport

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

Since August this year, two cases of influenza A virus H5N1 (commonly known as the bird influenza) in man were discovered in Hong Kong. It was also recently announced by the Department of Health that two new cases of suspected infection were found. Among the four people infected, two were dead. Such a trend causes worry that the bird influenza might be spreading in the territory. In this connection, will the Government inform this Council:

whether the Department of Health had immediately taken action to trace the source and identify the causes of the infection following the first person's contracting such an illness; if so, what the details are; if not, why not;
of the reasons for the Department of Health announcing the second case only recently, as the infected child had contracted the virus in November;
whether the Department of Health has studied and pursued the development of a new vaccine for preventing and curing the infection by this virus; if so, what the details are; and
of the measures taken by the Department of Health to step up its guidance to the public on the prevention of infection by the bird influenza, before the successful development of a new vaccine?

Public Officer to reply: Secretary for Health and Welfare
* 7.Mr HUI Yin-fat to ask :
(Translation)

Does the Government know:

the current number of applicants waiting for the allocation of housing units in each district, and the average waiting time, under the Housing for Senior Citizens Scheme (the Scheme);
the respective numbers of one-person and two-person units to be provided annually under the Scheme in each district in the next five years;
whether the number of units provided under the Scheme in each district during the same period can meet the wishes of applicants on the waiting list to live in the original districts; if not, how many of these people will have to move out of the districts where they are living; and
how the authority puts into practice its concern about the health conditions of the elderly people living in the units under the Scheme and, where the health of such people deteriorates, the specific measures in place to arrange suitable residential care services for them; if no such measures are in place, the reasons for it?

Public Officer to reply: Secretary for Housing
* 8.Mr LAU Kong-wah to ask :
(Translation)

According to a survey conducted by the University of Hong Kong, elderly people are generally perceived as being frail, infirm, stubborn, selfish and resources-consuming, which are very negative images. In this connection, will the Government inform this Council of:

the measures in place for improving the image of elderly people; and
its plans to step up the work of instilling in the general public, particularly the younger generation, the concept of respecting and caring for the elderly?

Public Officer to reply: Secretary for Health and Welfare
* 9.Mr CHAN Choi-hi to ask :
(Translation)

Will the Government inform this Council whether the Civil Service Bureau will review the system for the declaration of the personal interests and investments (including investments in the Mainland) by senior civil servants, following the reunification of Hong Kong with the motherland; if so, what the details are?

Public Officer to reply: Secretary for the Civil Service

* 10.Mr HUI Yin-fat to ask :

(Translation)

It is reported that currently there are no resident qualified pharmacists at clinics under the Department of Health. Recently, anti-fever syrup mistakenly mixed with mouthwash was given to patients by the dispensary staff at the Cheung Sha Wan Jockey Club Clinic. After the incident, an official remarked that mouthwash was drinkable. In this connection, will the Government inform this Council:

why there are no resident qualified pharmacists at clinics under the Department of Health;
whether it will consider reviewing the existing legislation and, if necessary, introducing legislative amendments to stipulate that all dispensaries under the Department of Health must have resident qualified pharmacists; if not, why not;
of the specific measures in place to ensure that the prescribed medicines are dispensed correctly at such dispensaries; and
of the justifications for saying that mouthwash is drinkable?

Public Officer to reply: Secretary for Health and Welfare
* 11.Ms CHOY So-yuk to ask :

Will the Government inform this Council:

of the bureau and department responsible for Hong Kong's global climate policy and greenhouse gases management, together with their respective duties in these areas;
whether it has pursued any policy of reduction in the emissions of greenhouse gases, including emissions from vehicles; if so, what the details are; and
whether it has any plan to inspire public utility companies to introduce new and clean technology or explore new energy sources so as to reduce the emissions of greenhouse gases during their plant or vehicular operations?

Public Officer to reply

Secretary for Planning,
Environment and Lands

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

Will the Government inform this Council:

whether it knows of:
1. the respective numbers of full-time and part-time employees currently employed in department stores in Hong Kong;
2. the respective numbers of department stores which closed down, and the resulting numbers of employees affected in each of the past three years; and
3. the number of such employees who sought employment assistance from the Labour Department over the same period and, among these, the number of those who were re-employed in department stores and the number of those who changed to other trades; and
of the measures in place to assist affected employees in case of closing down of department stores?

Public Officer to reply

Secretary for Education
and Manpower

* 13.Ms CHOY So-yuk to ask :

With reference to the recent United Nations environmental conference in Kyoto, Japan, will the Government inform this Council:

given that China will be one of the signatories to any agreement reached on the target for reduction in emissions of greenhouse gases, whether Hong Kong is obliged to adopt the target; if not, the reasons for adopting a different target; and
whether consideration will be given to sending delegations to international environmental conferences?

Public Officer to reply

Secretary for Planning,
Environment and Lands

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

It is reported that the Government plans to install auxiliary medical equipment in more ambulances. In this connection, will the Government inform this Council:

of the present number of ambulances installed with auxiliary medical equipment, and their distribution in various districts of Hong Kong;
of the number of additional ambulances to be installed with such equipment under this plan, and their distribution;
whether ambulancemen capable of operating the new equipment will be assigned to such ambulances; and
whether it has studied the further increase in the number of such ambulances; if not, why not?

Public Officer to reply: Secretary for Security
* 15. Mr TAM Yiu-chung to ask :
(Translation)

Recently, an accident occurred at a construction site in Sau Mau Ping during a blasting operation, resulting in over a thousand tons of rocks tumbling down and seriously jeopardizing the safety of the residents nearby. In this connection, will the Government inform this Council whether it will further regulate the blasting operations in the vicinity of residential areas, in order to prevent accidents?

Public Officer to reply: Secretary for Works

* 16.Mr LEE Kai-ming to ask :

(Translation)

As a number of companies and enterprises have recently closed down or laid off their employees, does the Government know:

of the total number of companies and enterprises which have closed down or laid off their employees so far this year; the total number of employees affected and, among them, the number of those who have not received from their employers their wages, severance payment and long service payment; and
among such employees, the number of those who have found new jobs with the assistance of the Labour Department?

Public Officer to reply

Secretary for Education
and Manpower

* 17.Dr HO Chung-tai to ask :(Translation)

In view of the recent mix-up of mouthwash in anti-fever syrup by dispensary staff of the Cheung Sha Wan Jockey Club Clinic, will the Government inform this Council of the measures in place to monitor the professional qualifications of dispensary staff working in the clinics of private medical practitioners or private drug stores and the dispensing procedures thereof?

Public Officer to reply: Secretary for Health and Welfare

* 18. Dr TANG Siu-tong to ask :

(Translation)

Will the Government inform this Council whether it knows:

if the present criteria for determining the management fees of Home Ownership Scheme (HOS) estates vary from estate to estate; if so, of the rationale for setting different criteria; and
if the Housing Authority will consider adopting uniform criteria and when it will implement such criteria for determining the management fees of HOS estates?

Public Officer to reply: Secretary for Housing
* 19. Mr NGAN Kam-chuen to ask :
(Translation)

It is learnt that some green minibus (GMB) drivers always carry excess passengers during the morning rush hours. In this connection, will the Government inform this Council of:

the total number of GMB drivers prosecuted for carrying excess passengers in the past three years; the district most seriously plagued by this problem; the average penalty imposed by the court on the convicted drivers;
the number of traffic accidents caused by GMBs carrying excess passengers in the past three years, together with the number of casualties caused;
the protection given to passengers in case of traffic accidents caused by GMBs carrying excess passengers; and
the measures adopted by relevant government departments for preventing GMBs from carrying excess passengers?

Public Officer to reply: Secretary for Transport
* 20.Mr Kennedy WONG to ask :
(Translation)

As the fire-fighting facilities in some older buildings in the territory are below the fire safety standard, in the present dry season of high risk of fire, will the Government inform this Council:

of the immediate measures in place to lower the fire hazards of these buildings; and
whether consideration has been given to improving, by legislative means, the fire-fighting facilities in these buildings, such as requiring a greater number of fire extinguishers and the provision of fire-proof blankets?

Public Officer to reply: Secretary for Security

* For written reply.

III. Bills

First Reading

Protection of the Harbour (Amendment) Bill 1997

Second Reading

Debate to be adjourned

Protection of the Harbour (Amendment) Bill 1997

Secretary for Planning, Environment and Lands

IV. Motions

1.Pharmacy and Poisons Ordinance

Secretary for Economic Services :

That the Pharmacy and Poisons (Amendment) (No.2) Regulation 1997, made by the Pharmacy and Poisons Board on 21 November 1997, be approved.

2.Long-term Prison Sentences Review Ordinance

Secretary for Security :

That the Long-term Prison Sentences Review Regulation, made by the Chief Executive on 2 December 1997 after consultation with the Executive Council, be approved.

3.Interpretation and General Clauses Ordinance

Secretary for Planning, Environment and Lands :

(See Resolution at Appendix I)

4.Interpretation and General Clauses Ordinance

Secretary for Planning, Environment and Lands :

That the Building (Demolition Works) (Amendment) Regulation 1997, published as Legal Notice No. 515 of 1997 and laid on the table of the Provisional Legislative Council on 12 November 1997, be amended -

(a)in section 3, by adding in the new regulation 4A(a) "unless it is not appropriate" after "demolished";

(b)in section 6(3), by repealing "accept" in the proposed regulation 9(3)(b) and substituting "specify from time to time".

5.Public Finance Ordinance

Secretary for the Treasury :

(See Resolution at Appendix II)

6.Public Finance Ordinance

Secretary for the Treasury :

That with effect from 31 December 1997 -

this Council approves the transfer to the general revenue the balance of the Electrical and Mechanical Services Department Workshop Services Suspense Account as at 30 December 1997;
the Electrical and Mechanical Services Department Workshop Services Suspense Account shall be closed and the resolution of the then Legislative Council relating to the account made and passed on 24 February 1993 (Cap. 2 sub. leg.) shall be cancelled accordingly;
the Electrical and Mechanical Services Department Suspense Account shall be closed and the resolution of the then Legislative Council relating to the account made and passed on 28 November 1990 (Cap. 2 sub. leg.) shall be cancelled accordingly.

7.Hong Kong Export Credit Insurance Corporation Ordinance
Secretary for Trade and Industry :

That the contingent liability of the Hong Kong Export Credit Insurance Corporation under contracts of insurance shall not at any time exceed the sum of 10,000 million dollars.

V. Members' Motions

1.Interpretation and General Clauses Ordinance

Mrs Sophie LEUNG :

That the Human Organ Transplant Regulation, published as Legal Notice No. 551 of 1997 and laid on the table of the Provisional Legislative Council on 26 November 1997, be amended -

(a) in section 3 -

(i) in subsection (1)-

(A)by renumbering paragraphs (b) and (c) as paragraphs (c) and (d) respectively;

(B) by adding -

"(b) a medical practitioner authorized by an organ bank in the case where a technician appointed by the bank removed an organ from a dead donor in Hong Kong, for the purpose of its being transplanted into another person, shall supply the relevant information in Form 1 in the Schedule. In the case where the organ bank is established under a hospital or institution, the authorization of medical practitioner(s) or appointment of technician(s) shall be given or made by the hospital or institution;";

in subsection (2), by repealing "(b)" and substituting "(c)";
by renumbering subsections (3) and (4) as subsections (4) and (5) respectively;
by adding -
"(3) For the purposes of subsection (1)(b), where a medical practitioner authorized by an organ bank shall supply the relevant information, the medical practitioner in charge of the organ bank, whether or not the bank is established under a hospital or institution, shall ensure that the relevant information is supplied.";
(b) in the Schedule -
(i) in Form 1 -
(A) by repealing "[s. 3(1) & (4)]" and substituting "[s. 3(1) & (5)];
(B) by repealing Note 1 and substituting -
"1. This form must be completed by the medical practitioner who removed the organ(s) or the medical practitioner authorized by the organ bank in the case where the technician appointed by the bank removed the organ(s) from the dead donor or, where no organ was removed but prior approval was given by the Board, it must be completed by the person who caused the matter to be referred to the Board for its approval or, where that person is no longer involved, by the person who made the decision not to remove the organ. Where more than one medical practitioner was involved in removing the organ, any of them can submit the information in Form 1. However, the medical practitioner who was in charge of the operation or the medical practitioner who is in charge of the organ bank is responsible for ensuring that Form 1 is submitted.";
(ii) in Part I of Form 2, by repealing " "and substituting ".

2.Developing the territory's high value-added industries
Prof NG Ching-fai :
(Translation)

That this Council urges the Government to implement the commitments made in the Chief Executive's Policy Address on 8 October by showing concern for the employment problems arising from the restructuring of the economy, and by promoting the development of high value-added manufacturing and high-technology industries in the territory; in so doing, the Government must expeditiously:

explore ways to resolve the practical problems currently faced by the industrial sector and put in efforts to adjust the administrative organ which deals with the territory's industrial development, thereby enhancing the productivity of local industries and speeding up technological transfer;
promote the upgrading and transformation of existing industries, develop high value-added and high-technology industries, and enhance technological cooperation between Hong Kong and the Mainland; and
strengthen the mid-stream forces in the process of technological transfer, set up an institute of research on industrial technology in Hong Kong to enhance the capability of our enterprises in developing new technology-intensive products.

Public Officer to attend

Secretary for Trade
and Industry

3.Immigration control measures

Mr LAU Kong-wah :

(Translation)

That, as residents of Hong Kong and the Guangdong Province are travelling more frequently between the two places, this Council urges the Government to expeditiously extend the operating hours of the immigration control points for travellers and provide public transport terminals close to the Lo Wu crossing with a view to progressively opening the crossing round the clock; and also urges the Government to strengthen the security and management of the areas adjacent to the regional boundary, so as to effectively intercept illegal immigrants.

Public Officer to attend: Secretary for Security

Clerk to the Provisional Legislative Council