Legislative Council of the Hong Kong Special Administrative Region

Revised version
A 97/98-32(1)

Provisional Legislative Council

Agenda
Wednesday 25 March 1998 at 2:30 pm

I. Papers

Subsidiary Legislation	L.N. No
1. Designation of Libraries (Urban Council Area) Order 1998	188/98
2. Declaration of Markets in the Urban Council Area (Amendment) Declaration 1998	189/98
3. Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 1998	190/98
4. Banking Ordinance (Declaration under section 2(14)(d))(No.3) Notice 1997 (Amendment) Notice 1998	191/98
5. Declaration of Change of Title (Secretary for Broadcasting, Culture and Sport) Notice 1998	192/98
6. Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1998 (L.N. 69 of 1998) (Commencement) Notice 1998	193/98

Sessional Papers

1. No. 94 -	Report by the Commissioner of Correctional Services on the Administration of the Correctional Services Department Welfare Fund for the year ended 31 March 1997
(to be presented by Secretary for Security)
2. No. 95 -	Report by the Commissioner of Correctional Services on the Administration of the Prisoners' Welfare Fund for the year ended 31 March 1997
(to be presented by Secretary for Security)
3. No. 96 -	Consumer Council
	Annual Report 1996-1997
(to be presented by Secretary for Trade and Industry)
4. No. 97 -	Report by the Commissioner of Correctional Services, Trustee of the Correctional Services Children's Education Trust for the period 1 September 1996 to 31 August 1997
(to be presented by Secretary for Security)
5. No. 98 -	Report on the Administration of the Fire Services Welfare Fund together with the Director of Audit's Report and Audited Statement of Accounts for the year ended 31 March 1997
(to be presented by Secretary for Security)
6. No. 99 -	Mass Transit Railway Corporation Annual Report 1997
(to be presented by Financial Secretary)
7. No.100 -	Kowloon-Canton Railway Corporation Annual Report 1997
(to be presented by Financial Secretary)

Reports

1. Report of the Bills Committee on Kowloon-Canton Railway Corporation (Amendment) Bill 1998

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

2. Report of the Bills Committee on Roads (Works, Use and Compensation) (Amendment) Bill 1998, Foreshore and Sea- bed (Reclamations) (Amendment) Bill 1998 and Town Planning (Amendment) Bill 1998

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

3. Report of the Bills Committee on Fire Safety (Commercial Premises) (Amendment) Bill 1998

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

4. Report of the Bills Committee on Dutiable Commodities (Amendment) Bill 1998

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

5. Report of the Bills Committee on Prevention of Copyright Piracy Bill

(to be presented by Mr MA Fung-kwok, Chairman of the Bills Committee, who will address the Council)

II. Questions

1. Mr Bruce LIU to ask : (Translation)

The Government states in the "White Paper on Long Term Housing Strategy in Hong Kong" that it will not permit public rental tenancies to be passed on automatically from one generation to the next. In this connection, will the Government inform this Council:

of the estimated number of public housing tenants who will be affected by the policy;
whether the policy will apply to those tenants who are allocated public rental flats upon the clearance of their cottages; and
whether, when it has decided to offer for sale the flats occupied by those tenants who are affected by the policy and thus required to vacate their flats, the authority will consider allowing the relevant tenants to purchase their flats before or within a short period of time (such as two months) after the deadline for moving out?

Public Officer to reply : Secretary for Housing

2. Mr MA Fung-kwok to ask : (Translation)

Recently, there have been reports by overseas media that Hong Kongs entertainment business is manipulated by triad societies, that some local actors/actresses who are cast in movies produced by triad members are also involved in triad activities, and that Hong Kongs triad societies have even extended their influence to the entertainment business overseas. In this connection, will the Government inform this Council:

whether, as far as the authorities know, triad societies are active in Hong Kongs performing arts circle; of the measures in place to counter triad societies' activities;
whether it has clarified or responded to the reports of the overseas media; if so, what the details are; if not, why not; and
how it will assist local artists who, as a result of those reports, are treated unfairly in overseas countries (such as being treated impolitely while undergoing immigration procedures)?

Public Officers to reply

Secretary for Broadcasting,
Culture and Sport
Secretary for Security

3. Mr James TIEN to ask : (Translation)

Will the Government inform this Council:

of the total number of requests for assistance received by the authorities from Hong Kong businessmen in connection with legal problems encountered while they were doing business in the Mainland or complaints about individual Mainland officials' unlawful practices, since Hong Kongs reunification with the motherland; and
regarding the answer, given by the Secretary for Constitutional Affairs on 12 November last year to a question raised in this Council, that the authority was discussing with the Central People's Government the offer of assistance to Hong Kong businessmen who encountered difficulties involving law and administrative regulations in the Mainland, of the substantial progress that has been made so far in the discussion?

Public Officers to reply

Secretary for Constitutional Affairs
Secretary for Housing
Secretary for Security
Secretary for Trade and Industry

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

Since many owners of private buildings hope that the Home Affairs Department (HAD) would assist them in forming owners corporations, will the Government inform this Council:

of the policies or principles which the HAD refers to for determining whether to assist individual owners in obtaining the title records of other units in their buildings; whether such assistance will be given to only one owner in a building;
whether the authority will require the owner who has obtained the title records with its assistance to convene a general meeting of owners or take actions to form an owners corporation within a specified period of time; if so, what the details are; and
whether it has devised any monitoring measures to ensure that the title records will not be used for any other purposes; if not, how the authority protects the privacy of owners of private buildings?

Public Officer to reply : Secretary for Home Affairs

5. Mr IP Kwok-him to ask : (Translation)

The administrative guidelines issued by the Administration Wing of the Chief Secretary for Administration's Office on 3 July 1997 specify the locations and occasions where the display of the national flag is required. People who hope to fly or display the national flag at other Government buildings and offices have to seek prior approval of the Director of Administration. In this connection, will the Government inform this Council:

of the principles according to which the Director of Administration considers whether or not to approve the applications for flying or displaying the national flag at Government buildings and offices other than those specified in the Guidelines; and
of the rationale for those principles?

Public Officers to reply

Secretary for Constitutional
Affairs

* 6. Mr KAN Fook-yee to ask : (Translation)

It is learnt that, having made allowance for the special credit of 60% that a household may enjoy for purchasing its housing unit in the first year, the average sale price of the public housing units under the Tenants' Purchase Scheme phase I is about $3,560 per square metre. Compared to the cost (including interest, the cost of project management and land formation) of about $6,000 per square metre, the Housing Authority (HA) will incur a loss of $2,440 on the sale of each square metre. In this connection, does the Government know:

of the HA's measures to cope with the loss resulting from the sale of public housing units; and
whether the HA will continue to sell public housing units at a loss in future?

Public Officer to reply : Secretary for Housing

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

The Director of Social Welfare recently advised that, in order to reduce the waiting time for the allocation of residential places in various categories of subvented homes for the elderly, the Government has proposed to arrange for healthy elderly people on the waiting list to be allocated units under the Housing for Senior Citizens Scheme administered by the Housing Authority (HA). In this connection, will the Government inform this Council:

of the respective numbers of elderly people currently waiting for the allocation of residential places in various categories of subvented homes for the elderly and, among them, the number of those who are waiting for the allocation of HA's Housing for Senior Citizens units at the same time;
how the new arrangement will affect the waiting time for the allocation of residential places in various categories of homes for the elderly;
whether the Social Welfare Department has discussed with the HA how to implement the new arrangement; if so, what the details and outcome are;
whether it has studied the effects of the new arrangement on elderly people who are only on the waiting list for Housing for Senior Citizens units; if so, what the findings are; and
whether it has studied if the new arrangement can reduce both the waiting time for residential places in various categories of homes for the elderly as well as Housing for Senior Citizens units; if so, what the findings are?

Public Officers to reply

Secretary for Health
and Welfare

* 8. Mr Howard YOUNG to ask :

In connection with tourist coach parking permits for use at Kai Tak Airport, will the Government inform this Council:

of the arrangements for such permits when the airport ceases to operate at midnight on 5 July this year;
whether existing permits which expire in or after July this year will still be valid for use at the new airport; and
whether, after the new airport has started operation, the authority will introduce new procedures and conditions for the renewal of such permits; if so, what the details are?

Public Officer to reply : Secretary for Economic Services

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

Will the Government inform this Council of:

the respective numbers of Hong Kong permanent residents who emigrated to other countries, and those with the right of abode in foreign countries who returned to Hong Kong for settlement; and
the respective numbers of overseas nationals who left Hong Kong on expiry of employment contracts, and those who came to the territory to take up employment and, among them, the respective numbers of those employed as domestic helpers,

in each of the past five years?

Public Officer to reply : Secretary for Security

*10. Mr Howard YOUNG to ask :

Will the Government inform this Council whether, after the airport is moved to Chek Lap Kok, it will consider allowing the installation of flashing neon signs on Hong Kong Island, Kowloon and the New Territories; if so, what the details are; if not, why not?

Public Officer to reply : Secretary for Economic Services

*11. Mr IP Kwok-him to ask : (Translation)

Will the Government inform this Council of:

the age and academic qualifications of the job-seekers registered with the Labour Department during the first two months of the year;
the current unemployment rates and average duration of unemployment among young people in the 15 to 19 and 20 to 29 age groups;
the percentage of first-time job-seekers among the unemployed people in the two age groups mentioned above; and
the measures in place to solve the unemployment problem of young people?

Public Officers to reply

Secretary for Education and
Manpower

*12. Dr David LI to ask :

Will the Government inform this Council:

of the respective numbers of complaints made by prisoners to the Office of The Ombudsman and the major nature of complaints, in each of the past three years;
whether any of the complaints are related to activities of the triad societies in prisons; if so, of the number of substantiated or partly substantiated complaints and the follow-up actions taken by the relevant authorities; and
whether there are indications that activities of triad societies are prevalent in prisons; if so, of the measures in place to ensure the safety of prisoners?

Public Officer to reply : Secretary for Security

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

Will the Government inform this Council:

how it knows the exact number of disabled persons in Hong Kong (including those who are not recipients of government allowances and those who have not taken the initiative to seek assistance from the Government) and the accurate information about them; and
whether it has required new buildings in the territory to provide easy access for the disabled, or existing buildings to be fitted with such facilities within a certain period; if so, what the details are?

Public Officer to reply : Secretary for Health and Welfare

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

Will the Government inform this Council:

of the number of serious crimes which occurred in Yuen Long in each of the past three years; how these figures compare with those in other districts;
of the ages of those people involved in committing the above crimes;
whether it has reviewed the adequacy of the existing police manpower in Yuen Long in maintaining public order in the district; and
of the measures in place to lower the crime rate in Yuen Long?

Public Officer to reply : Secretary for Security

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

Will the Government inform this Council of:

the number of phone-tapping cases reported to the police in each of the past five years, together with the targets of tapping (for example, government departments, business establishments, households and so on);
the actions taken by the police to follow up those cases; and
the measures in place (such as conducting regular checks) to ensure that the telephones of government departments are not tapped?

Public Officer to reply : Secretary for Security

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

It is learnt that discussions between the Government and other countries on visa-free entry arrangement for Hong Kong Special Administrative Region Passport (HKSAR Passport) holders are conducted at political and technical levels respectively. In this connection, will the Government inform this Council, among the countries that have not granted visa-free entry for HKSAR Passport holders, which countries are still holding discussions with the Government at the political level, and which countries have already resolved the political issues and are in the process of working out the solutions to technical problems?

Public Officer to reply : Secretary for Security

*17. Mr MA Fung-kwok to ask : (Translation)

It is reported that the Television and Entertainment Licensing Authority (TELA) has drawn up a list of objectionable websites early this month. In this connection, will the Government inform this Council:

of the criteria and information used by the TELA as the basis for defining the meaning of "objectionable" and compiling the list;
of the TELAs plan for updating the list;
whether the TELA has consulted the Hong Kong Internet Service Providers Association (HKISPA) when drawing up the list; if so, of the views of the HKISPA on the list; and
whether any understanding has been reached between the TELA and the HKISPA on how to deal with objectionable websites; if so, what the details are?

Public Officers to reply

Secretary for Broadcasting,
Culture and Sport

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

In Hong Kong, students aged over 16 who wish to find short-term summer jobs to gain some working experience always encounter certain difficulties during the job-seeking process. In this connection, will the Government inform this Council whether it will allocate additional resources and take measures to help such students solve the problems encountered while looking for summer jobs; if so, what the details are?

Public Officers to reply

Secretary for Education and
Manpower

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

At the meeting of this Council's Panel on Health Services on 9 March this year, the authorities indicated that they would continue and strengthen the communication with members of the profession and the trade in the course of drafting the bill to regulate Chinese medicine. In this regard, will the Government inform this Council of:

the details of the communication being planned (including the date, the contents and the communication targets); and
the month in the 1998/99 legislative session in which it plans to introduce the bill to the Legislative Council?

Public Officer to reply : Secretary for Health and Welfare

* For written reply.

III. Bills

Second Reading

Debates to resume

1. Kowloon-Canton Railway Corporation (Amendment) Bill 1998

Secretary for Transport

2. Roads (Works, Use and Compensation) (Amendment) Bill 1998

Secretary for Transport

3. Fire Safety (Commercial Premises) (Amendment) Bill 1998

Secretary for Security

4. Town Planning (Amendment) Bill 1998

Secretary for Planning, Environment and Lands

5. Foreshore and Sea-bed (Reclamations) (Amendment) Bill 1998

Secretary for Planning, Environment and Lands

6. Stamp Duty (Amendment) Bill 1998

Secretary for the Treasury

7. Estate Duty (Amendment) Bill 1998

Secretary for the Treasury

8. Air Passenger Departure Tax (Amendment) Bill 1998

Secretary for the Treasury

9. Dutiable Commodities (Amendment) Bill 1998

Secretary for the Treasury

10. Prevention of Copyright Piracy Bill

Secretary for Trade and Industry

Committee Stage and Third Reading

1. Kowloon-Canton Railway Corporation (Amendment) Bill 1998	:	Secretary for Transport
2. Roads (Works, Use and Compensation) (Amendment) Bill 1998	:	Secretary for Transport
3. Fire Safety (Commercial Premises) (Amendment) Bill 1998	:	Secretary for Security
4. Town Planning (Amendment) Bill 1998	:	Secretary for Planning, Environment and Lands
5. Foreshore and Sea-bed (Reclamations) (Amendment) Bill 1998	:	Secretary for Planning, Environment and Lands
6. Stamp Duty (Amendment) Bill 1998	:	Secretary for the Treasury
7. Estate Duty (Amendment) Bill 1998	:	Secretary for the Treasury
8. Air Passenger Departure Tax (Amendment) Bill 1998	:	Secretary for the Treasury
9. Dutiable Commodities (Amendment) Bill 1998	:	Secretary for the Treasury

10. Prevention of Copyright Piracy Bill

Secretary for Trade and Industry

IV. Motions

1. Hotel Accommodation Tax Ordinance

Secretary for the Treasury :

That with effect from 1 April 1998 -

paragraph (b) of the Resolution made and passed by the Legislative Council on 27 April 1983 and published in the Gazette as Legal Notice No. 149 of 1983 be rescinded; and
the rate of tax levied under section 3(1) of the Hotel Accommodation Tax Ordinance be 3 per cent.

2. Rating Ordinance

Secretary for the Treasury :

That -

the percentage prescribed for the purposes of section 18(1) of the Rating Ordinance for the period from 1 April 1998 to 31 March 1999 shall be -
1. in respect of every tenement in the Urban Council area and included in a valuation list in force -
  1. for general rates 1.9%;
  2. for Urban Council rates 2.6%;
2. in respect of every tenement in the Regional Council area and included in a valuation list in force -
  1. for general rates 0.3%;
  2. for Regional Council rates 4.2%; and
3. subject to paragraph (a), paragraph (a) of the Resolution made and passed by the Legislative Council on 14 May 1997 and published in the Gazette as Legal Notice No. 236 of 1997 shall continue to have effect.

V. Members' Motions

1. Improving the local employment situation

Miss CHAN Yuen-han : (Translation)

That, in view of the lack of improvement to the territorys unemployment situation in recent years, coupled with the financial turmoil at the end of last year which has aggravated the problem, this Council urges that, in order to expeditiously improve the local employment situation, the Government:

formulate support measures to reduce the operating costs of small and medium enterprises and to enhance the competitiveness of the local economy, so as to create more employment opportunities;
re-structure the territorys economic set-up, including the formulation of long-term industrial policies, with a view to providing a wide array of jobs for people to make the best use of their capabilities; and
improve the existing human resources planning mechanism and formulate effective complementary measures for future overall human resources training with a view to meeting market needs.

Public Officer to attend : Secretary for Education and Manpower

2. Formulating a policy on culture

Mr MA Fung-kwok : (Translation)

That this Council urges the Government to formulate an integrated pluralistic policy on culture, which has a clear direction, by attaching importance to the fine traditional Chinese culture, giving full play to the historical and geographical characteristics of Hong Kong and embracing the best of both Chinese and Western cultures with an open and receptive attitude; and to review the existing framework and resource allocation strategies relating to cultural matters, so as to enhance the cultural qualities, creativity and competitiveness of the whole community, thereby creating a harmonious and fulfilling society.

Public Officer to attend : Secretary for Broadcasting, Culture and Sport

Clerk to the Provisional Legislative Council