Revised version
A 97/98-28(1)


Provisional Legislative Council

Agenda
Wednesday 25 February 1998 at 2:30 pm

I. Papers

Subsidiary LegislationL.N. No.
1. Public Revenue Protection (Dutiable Commodities) Order 1998

93/98
2. Mutual Legal Assistance in Criminal Matters Regulation

94/98
3. Tramway Ordinance (Alteration of Fares) (Amendment) Notice 1998

95/98
4. Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 1998

96/98
5. Mental Health Guardianship Board Rules

97/98
6. Mental Health (Specification of Special Treatment) Notice 1998

98/98
7. Mental Health (Guardianship) (Amendment) Regulation 1998

99/98
8. Mental Health Review Tribunal (Amendment) Rules 1998

100/98
9. Merchant Shipping (Seafarers) (Certification and Watchkeeping) (Amendment) Regulation 1998

101/98
10. Merchant Shipping (Seafarers) (Hours of Work) (Amendment) Regulation 1998

102/98
11. Merchant Shipping (Seafarers) (Navigational Watch Ratings) (Amendment) Regulation 1998

103/98
12. Merchant Shipping (Seafarers) (Engine Room Watch Ratings) (Amendment) Regulation 1998

104/98
13. Merchant Shipping (Seafarers) (Certification of Officers) (Amendment) Regulation 1998

105/98
14. Merchant Shipping (Seafarers) (Certificates of Proficiency in Survival Craft) (Amendment) Rules 1998

106/98
15. Merchant Shipping (Seafarers) (Tankers� Officers and Ratings) (Amendment) Regulation 1998

107/98
16. Merchant Shipping (Seafarers) (Safety Training) Regulation

108/98
17. Merchant Shipping (Seafarers) (Ro Ro Passenger Ships鋁raining) Regulation

109/98
18. Merchant Shipping (Safety) (GMDSS Radio Installations) (Amendment) Regulation 1998

110/98
19. Merchant Shipping (Safety) (High Speed Craft) Regulation

111/98
20. Pilotage (Dues) (Amendment) Order 1998

112/98
21. Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No.2) Regulation 1998

113/98
22. Road Traffic (Safety Equipment) (Amendment) Regulation 1998

114/98
23. Airport Authority Ordinance (Map of Restricted Area) Order

115/98
24. Hong Kong Airport (Control of Obstructions) (Repeal) Order 1998

116/98
25. Rectification of Errors Order 1998

117/98
26. Attachment of Income Order Rules

118/98
27. Rules of the Supreme Court (Amendment) Rules 1998

119/98
28. Banking Ordinance (Declaration under section 2(14)(d)) (No.2) Notice 1997 (Amendment) Notice 1998

120/98
29. Human Organ Transplant Ordinance (Cap.465) (Commencement) Notice 1998

121/98
30. Human Organ Transplant Regulation (L.N. 551 of 1997) (Commencement) Notice 1998

122/98
31. Mutual Legal Assistance in Criminal Matters Ordinance (87 of 1997) (Commencement) Notice 1998

123/98
32. Smoking (Public Health) (Amendment) Ordinance 1997 (93 of 1997) (Commencement) Notice 1998

124/98

Sessional Papers

1. No. 76Audited Statement of Accounts together with the Director of Audit's Report and Trustee's Report on the Administration of the Education Scholarships Fund for the year ended 31 August 1997
(to be presented by Secretary for Education and Manpower)

2. No. 77Schedule of revisions to the 1997/98 Estimates approved by the Provisional Urban Council during the third quarter of the 1997/98 financial year
(to be presented by Secretary for Broadcasting, Culture and Sport)

3. No. 78Revised list of works of the Provisional Urban Council for the 1997/98 financial year (during the third quarter ended 31 December 1997)
(to be presented by Secretary for Broadcasting, Culture and Sport)

4. No. 79Revised Estimates of Expenditure of the Provisional Regional Council for the 1997/98 financial year
(to be presented by Secretary for Broadcasting, Culture and Sport)

5. No. 80Revised list of works of the Provisional Regional Council for the 1997/98 financial year (during the third quarter ended 31 December 1997)
(to be presented by Secretary for Broadcasting, Culture and Sport)

6. No. 81The Lord Wilson Heritage Trust
Annual Report 1996 1997
(to be presented by Secretary for Broadcasting, Culture and Sport)

7. No. 82Hong Kong Council for Academic Accreditation
Annual Report 1996 97
(to be presented by Secretary for Education and Manpower)

8. No. 83The Hong Kong Academy for Performing Arts
Annual Report 1996-1997
(to be presented by Secretary for Broadcasting, Culture and Sport)

9. No. 84The Hong Kong Academy for Performing Arts �Financial Statements and Auditor's Report for the year ended 30th June 1997
(to be presented by Secretary for Broadcasting, Culture and Sport)

10. No. 85Audited Statement of Accounts of the Language Fund together with the Director of Audit's Report for the year ended 31 August 1997
(to be presented by Secretary for Education and Manpower)

11. No. 86Li Po Chun Charitable Trust Fund
Annual Report for the period 1st September 1996 to 31st August 1997
(to be presented by Secretary for Home Affairs)

12. No. 87Hong Kong Arts Development Council
Annual Report April 1, 1996 to March 31 1997
(to be presented by Secretary for Broadcasting, Culture and Sport)

Reports

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

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

2.Report of the Bills Committee on the Provident Fund Schemes Legislation (Amendment) Bill 1997

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

3.Report of the Bills Committee on the Occupational Deafness (Compensation) (Amendment) (No.2) Bill 1997

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

4.Report of the Bills Committee on the Hong Kong Bill of Rights (Amendment) Bill 1998

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

II. Questions

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

Will the Government inform this Council whether or not it has established a mechanism to fulfil its pledge to adjust the amount of compensation payable to persons suffering from pneumoconiosis on a regular basis; if so, what the details are; if not, why not?

Public Officer to reply:Secretary for Education and Manpower

2. Miss CHAN Yuen-han to ask :

(Translation)

An unemployed person receiving the Comprehensive Social Security Assistance (CSSA) killed himself recently because he did not have the means to provide for his wife and daughters. In this connection, will the Government inform this Council:

  1. whether it will review its policy on CSSA in the wake of the above incident;

  2. whether it will review the current focuses of home visits paid by Social Welfare Department staff and strengthen the training in their home visits skills, especially with regard to understanding the mental and psychological state of CSSA recipients;

  3. of the current number of unemployed people receiving CSSA; and whether the authorities:

      have encouraged them to join employees retraining programmes; if so, of the percentage of such people who successfully obtained employment after training;

    1. have provided other assistance to them in looking for jobs; if so, of the number of job interviews given to them, and the reasons for their failure to get employed; if not, what the reasons are; and

  4. whether the authorities will study the establishment of an unemployment protection system in order to help the unemployed; if so, when such a study will take place; if not, what the reasons are?

Public Officer to reply:Secretary for Health and Welfare

3. Mrs Peggy LAM to ask :

(Translation)

In the Government operation to slaughter chickens, the chicken carcasses were put into industrial grade plastic bags and subsequently transported to landfills for dumping. In this connection, will the Government inform this Council:

  1. of the total number of industrial grade plastic bags used in the operation; and

  2. whether it has studied the length of time it takes for the buried industrial grade plastic bags to decompose and the impact such an arrangement will have on the environment; if so, what the findings are; if not, why not?

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

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

Regarding the 26 urban redevelopment projects announced by the Land Development Corporation in early January this year,

  1. does the Government know:

    1. the number of property owners and tenants affected and details of the compensation;

    2. how the 2000 housing units provided by the Hong Kong Housing Society will be allocated to all affected residents, and whether such units are sufficient to meet the rehousing need;

    3. whether residents affected will be allowed to request for rehousing in their original districts; if not, why not;

    4. the specific measures in place to assist affected elderly persons living on their own and households of two elderly persons who are not eligible to apply for housing units under the Housing for Senior Citizens Scheme administered by the Housing Authority, or those who are eligible but have not submitted their applications yet;

    5. whether the Land Development Corporation will pledge to provide satisfactory rehousing to all affected residents; if not, why not; and

  2. whether it will extend the Neighbourhood Level Community Development Project to cover the 26 affected locations; if not, why not?

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

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

Regarding the recent cases in which senior staff of commercial organizations in the territory were involved in corruption and abuse of power of their positions, will the Government inform this Council:

  1. of the respective numbers of cases in the past year in which the staff of large, medium and small enterprises were found to have engaged in corrupt practices and abused the power of their positions;

  2. of the details and the effectiveness of the efforts made by the Independent Commission Against Corruption to strengthen the prevention and detection of corrupt activities in commercial organizations in the past year; and

  3. whether the authorities have looked into the relationship between the cases in question and the recent financial crisis in Asia; if so, what the findings are and what follow-up actions will be taken; if not, whether it will conduct such studies?

Public Officer to reply:Chief Secretary for Administration

6.Mr Howard YOUNG to ask :

Will the Government inform this Council whether it will consider opening the roads leading to the Po Lin Monastery and the Big Buddha on Lantau Island to tourist coaches operated by travel agents; if not, why not?

Public Officer to reply:Secretary for Transport * 7.Mr LEE Kai-ming to ask : (Translation)

At the Question and Answer Session of this Council on 15 January this year, the Chief Executive stated that the standard of hygiene and cleanliness in Hong Kong had deteriorated in recent years. In this connection, will the Government inform this Council of:

  1. the number of cases of littering resulting in prosecution last year; how this figure compares with that in each of the three years before last; and

  2. the measures currently adopted for improving the hygiene and cleanliness conditions in Hong Kong?
Public Officer to reply :Secretary for Broadcasting,
Culture and Sport

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

According to the "Code on Access to Information", the public can seek information from government departments. It is reported that, as at the end of last year, a total of 3358 of such requests were received by various government departments. In this connection, will the Government inform this Council, among these requests:

  1. of the number of those cases which were provided with information by government departments, and the major categories of information involved; and

  2. of the details of those cases in which information was not provided, including:
    1. the major categories of information involved;

    2. the reasons for not providing the information; and

    3. the government departments concerned and their respective numbers of cases?

Public Officer to reply:Secretary for Home Affairs

* 9.Mr HUI Yin-fat to ask :

(Translation)

The Report of the Working Party on Primary Health Care (the Report) published by the Government in 1990 recommended the development of a health information system to improve the collection, analysis and utilization of information about health. In this connection, will the Government inform this Council whether:

  1. the Department of Health has developed the health information system and made improvements as recommended by the Report; if not, why not; and

  2. this information system dovetails with researches in primary health care?

Public Officer to reply:Secretary for Health and Welfare

*10.Dr TANG Siu-tong to ask :

(Translation)

It is reported that some workers did not wear the protective clothing specified by the authorities when working at chicken stalls, and they claimed that wearing the specified gloves would hinder the chicken slaughtering work. In this connection, will the Government inform this Council:

  1. of the measures in place to urge these workers to put on the specified clothing; and

  2. whether it will consider improving the design of the gloves?

Public Officer to reply : Secretary for Health and Welfare *11.Dr Mrs TSO WONG Man-yin to ask : (Translation)

With regard to the authority plan to construct a low-level radioactive waste storage facility at Siu A Chau, will the Government inform this Council:

  1. of the respective costs involved in the design, construction and operation of the facility;

  2. of the progress of the relevant tendering works; and

  3. whether it has discussed with the relevant Mainland authorities the disposal of the territory low-level radioactive waste in the Mainland; if so, what the outcome is; if not, why not?

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

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

In the wake of the Government's decision on the early termination of the exclusive licence held by Hong Kong Telecom International Limited, many providers of "call back services" in the telecommunications industry worry that they may be deprived of the opportunities to develop their business. In this connection, will the Government inform this Council of the measures in place to remove the operators' anxieties and convince them that, with the termination of the exclusive licence, the external telecommunications market will be fully opened and will provide a level playing field for all of them?

Public Officer to reply: Secretary for Economic Services

*13.Mr Kennedy WONG to ask :

(Translation)

In view of the recent series of incidents involving the unauthorized use of the personal data of clients, will the Government inform this Council:

  1. whether it has reviewed the effectiveness of the Personal Data (Privacy) Ordinance; if so, what the outcome is;

  2. whether it will take measures to deter the unlawful use of the personal data of members of the public; if so, what the details are; and

  3. whether it is aware if the Office of the Privacy Commissioner for Personal Data has any plans to step up the publicity on the principles for protecting personal data; if the Office has such plans, what the details are?

Public Officer to reply : Secretary for Home Affairs

*14.Dr LAW Cheung-kwok to ask :

(Translation)

Will the Government inform this Council of the detailed rationale regarding its view that there is only an indirect relation between the "capital structure" and the fare levels of the West Rail?

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

Will the Government inform this Council of the measures taken during the recent cold spell to assist the elderly in keeping warm so that they would not freeze to death?

Public Officer to reply : Secretary for Health and Welfare

* For written reply.

III. Bills

First Reading

1. Adaptation of Laws (Interpretative Provisions) Bill

2. Adaptation of Laws (Nationality Related Matters) Bill

Second Reading

Debates to be adjourned

1. Adaptation of Laws (Interpretative Provisions) Bill

 : Secretary for Justice
2. Adaptation of Laws (Nationality Related Matters) Bill

 : Secretary for Security

Debates to resume

3. Housing (Amendment) Bill 1998

 : Secretary for Housing
4. Provident Fund Schemes Legislation (Amendment) Bill 1997

 : Secretary for Financial Services
5. Occupational Deafness (Compensation) (Amendment) (No.2) Bill 1997

 : Secretary for Education and Manpower
6. Criminal Procedure (Amendment) Bill 1998

 : Secretary for Security
7. Hong Kong Bill of Rights (Amendment) Bill 1998

 : Secretary for Home Affairs

Committee Stage and Third Reading

1. Housing (Amendment) Bill 1998

 : Secretary for Housing
2. Provident Fund Schemes Legislation (Amendment) Bill 1997

 : Secretary for Financial Services
3. Occupational Deafness (Compensation) (Amendment) (No.2) Bill 1997

 : Secretary for Education and Manpower
4. Criminal Procedure (Amendment) Bill 1998

 : Secretary for Security
5. Hong Kong Bill of Rights (Amendment) Bill 1998

 : Secretary for Home Affairs

IV. Motions

1.Tai Lam Tunnel and Yuen Long Approach Road Ordinance

Secretary for Transport :

That the Tai Lam Tunnel and Yuen Long Approach Road Bylaw made by the Route 3(CPS) Company Limited on 19 January 1998, be approved.

2.Pharmacy and Poisons Ordinance

Secretary for Health and Welfare :

That the following Regulations, made by the Pharmacy and Poisons Board on 26 January 1998, be approved

  1. the Pharmacy and Poisons (Amendment) Regulation 1998; and

  2. the Poisons List (Amendment) Regulation 1998.

V. Members' Motions

1.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Aerial Ropeways (Fees) (Amendment) Regulation 1998, published as Legal Notice No.17 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

2.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Amusement Rides (Safety) (Fees) (Amendment) Regulation 1998, published as Legal Notice No.18 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

3.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Electricity (Registration) (Amendment) Regulation 1998, published as Legal Notice No.21 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

4.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Electricity (Wiring) (Amendment) Regulation 1998, published as Legal Notice No.22 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

5.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Gas Safety (Gas Supply) (Amendment) Regulation 1998, published as Legal Notice No.23 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

6.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Gas Safety (Registration of Gas Installers and Gas Contractors) (Amendment) Regulation 1998, published as Legal Notice No.24 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

7.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Gas Safety (Registration of Gas Supply Companies) (Amendment) Regulation 1998, published as Legal Notice No.25 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

8.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Ferry Services (Amendment) Regulation 1998, published as Legal Notice No.26 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

9.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Road Traffic (Parking) (Amendment) Regulation 1998, published as Legal Notice No.27 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

10.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Road Traffic (Registration and Licensing of Vehicles) (Amendment) Regulation 1998, published as Legal Notice No.28 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

11.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Road Tunnels (Government) (Amendment) Regulation 1998, published as Legal Notice No.29 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

12.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 1998, published as Legal Notice No.30 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

13.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Road Traffic (Public Service Vehicles) (Amendment) (No.2) Regulation 1998, published as Legal Notice No.31 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

14.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Road Traffic Ordinance (Amendment of Schedule 3) Order 1998, published as Legal Notice No.33 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

15.Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI :

That the Road Traffic Ordinance (Amendment of Schedule 8) Order 1998, published as Legal Notice No.35 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, be repealed.

16.Interpretation and General Clauses Ordinance

Mr IP Kwok-him :

(The resolution has already been circulated on 20 February 1998 under PLC Paper No. CB(3) 679)

17.Building management

Dr LAW Cheung-kwok :

(Translation)

That this Council urges the Government to formulate policy and provide adequate resources to assist building owners in forming Owners' Corporations and to strengthen its support for existing Owners' Corporations, so as to effectively handle building maintenance, fire protection, security and other building management related matters. Amendment to Dr LAW Cheung-kwok's motion

Mr NGAN Kam-chuen : (Translation)

To delete "formulate policy and provide adequate resources to" and substitute with "actively"; to add "including hiring more Liaison Officers of the Home Affairs Department and expeditiously setting up more Building Management Resource Centres composed of full-time professionals such as lawyers, accountants and property management consultants," after "to strengthen its support for existing Owners' Corporations,"; to add "improve the operation of Owners' Corporations and enable them to" after "so as to"; and to add "hygiene, insurance" after "fire protection, security,".

Public Officer to attend : Secretary for Home Affairs

18.Future of Hong Kong freight industry

Mrs Miriam LAU :

(Translation)

That, as it is expected that there will be a significant slowdown in the future growth of Hong Kong overall container throughput, this Council urges the Government to actively adopt practicable measures to maintain the competitiveness of the territory freight industry and the competitive edge of Hong Kong as a port.

Public Officer to attend : Secretary for Economic Services


Clerk to the Provisional Legislative Council