Revised version
A 97/98-9(1)
(Issued at 11:00 am on 24.9.97)

Provisional Legislative Council

Agenda
Saturday 27 September 1997 at 9:00 am

I. Papers

Sessional Papers

1.No.9-	Report by the Trustee of the Prisoners' Education Trust Fund for the period 1 April 1996 to 31 March 1997
(to be presented by the Secretary for Security)

2. No.10-	Report by the Commissioner of Police on Police Welfare Fund for the period 1 April 1995 - 31 March 1996
(to be presented by the Secretary for Security)

Report

Report of the Bills Committee on the Legislative Council Bill

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

II. Questions

1.Mr HUI Yin-fat to ask :

(Translation)

It is learnt that a research report published earlier by the World Bank indicated that the number of people living in poverty in Hong Kong is less than 1% of the total population in the territory. However, based on information released by the Census and Statistics Department, some academics found that there were 390 000 people in the local labour force whose income was below half of the median wage last year, representing an increase of 63% over that of 1993 when the number stood at 240 000. Yet the growth of population over the same period was just 7%. In this connection, will the Government inform this Council:

1. whether it knows of the criteria adopted by the World Bank in estimating the population living in poverty in Hong Kong;

2. whether it has provided the World Bank or other international organizations with information on the issue of poverty in Hong Kong; if so, what criteria it has adopted in measuring poverty;

3. of the reasons for the increase in the labour force earning less than half of the median wage at a rate faster than the growth of the local population;

4. whether it has any strategies in place to curb the sustained increase of low-income earners at a rate faster than the growth of the local population; if not, why not; and

5. whether it will consider adopting half of the median wage as the basis for setting the poverty line, and whether any policies for assisting the poor will be formulated accordingly with a view to reducing the growing disparity between the rich and the poor in recent years; if not, why not?

Public Officer to reply : Secretary for Financial Services

2. Mr CHENG Kai-nam to ask :

(Translation)

The death of Diana, Princess of Wales of Britain, has aroused public concern in Hong Kong about news-covering by the media and the protection of personal privacy. Regarding the provision relating to "news" in section 61 of the Personal Data (Privacy) Ordinance (Cap. 486), will the Government inform this Council:

1. whether it will, for the sake of balancing the public's right to know and the protection of personal privacy, review the effectiveness of the provision in protecting members of the public from intrusion to their privacy (e.g. its effectiveness in restricting such acts as secret videotaping, bugging or trailing) and whether the provision needs any amendment in this regard; and

2. whether it will give a precise, clear and reasonable interpretation to the expression "in the public interest" used therein?

Public Officer to reply : Secretary for Home Affairs

3.Mr CHAN Kam-lam to ask :

(Translation)

Regarding the "Portable Comprehensive Social Security Assistance Scheme" implemented since April this year, will the Government inform this Council:

1. of the respective numbers of applications received and approved as well as the number of people who have settled in Guangdong Province under the Scheme since its implementation;

2. of these elderly people's major places of settlement in Guangdong Province;

3. apart from the follow-up action taken by the Red Cross on the cases of these elderly people, whether it has undertaken other follow-up measures; if so, what the details are; if not, what the reasons are;

4. whether it has supervised the work of the Red Cross in this respect; if so, what the specific actions are;

5. whether it has plans to establish direct links with the civil administration departments in the Mainland for the purpose of following up the Scheme; if so, what the specific plans are;

6. when a comprehensive review of the Scheme will be conducted; and

7. whether it will consider extending the Scheme to other provinces?

Public Officer to reply : Secretary for Health and Welfare

4. Mr MOK Ying-fan to ask :

(Translation)

Some groups have recently commented that the Elderly Commission, established in July this year, is lacking in transparency and representativeness. In this connection, will the Government inform this Council:

1. of the measures in place to enhance the transparency of the Commission so as to facilitate public participation in the discussion of elderly matters and policies; and

2. whether it will increase the number of Commission members who represent grassroots social groups and the elderly in the community; if so, the timing when this will be achieved and the criteria for selecting such members?

Public Officer to reply : Secretary for Health and Welfare

5. Mr Paul CHENG to ask :

It is understood that the Guangdong and Hong Kong Environmental Protection Liaison Group, together with its technical subgroup, was set up in 1990. Given that the number of pollution-related respiratory illnesses is on the rise (the annual fatality rate is reportedly reaching 1 000), will the Government inform this Council of:

1. the composition of the Liaison Group as well as the number of meetings it has held since inception;

2. the achievements of the Liaison Group in the past seven years; and

3. the reasons for the Liaison Group taking so long before it could decide at its meeting held in December 1996 to set up a study group on air pollution in the Pearl River Delta Region?

Public Officer to reply

:

Secretary for Planning, Environment and Lands

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

With regard to the bank notes issued by the Hong Kong and Shanghai Banking Corporation (the Hongkong Bank), the Standard Chartered Bank and the Bank of China, will the Government inform this Council:

1. whether it has any specific stipulations on the design and security design of bank notes; if so, what the details are;

2. given that Hong Kong has become the Special Administrative Region of the People's Republic of China since 1 July this year, whether the Government has required the three banks to print the words "the Hong Kong Special Administrative Region" and the regional emblem on the new bank notes issued on or after that date; if not, why not; and

3. whether the design of the bank notes issued by the Standard Chartered Bank is in breach of any legislation as well as any relevant stipulations, as it does not carry the term "Hong Kong dollars" in English and Chinese, which is at variance with the practice adopted by the Hongkong Bank and the Bank of China; if not, why not?

Public Officer to reply : Secretary for Financial Services

* 7. Mrs Selina CHOW to ask :

(Translation)

Recently, two discos in the Yau Tsim district were found to have unlawfully accommodated more customers than what their licences permitted. One of the discos, which only had a permitted capacity of 199, was reported by the Police as accommodating more than 800 people. In this connection, will the Government inform this Council of:

1. the total number of cases where discos were found to have accommodated customers beyond their permitted capacity in the past three years, and whether any discos have been prosecuted by the authorities concerned for such breach; if so, the number of such prosecutions and the penalties in the convicted cases; and

2. the present system for regulating the operation of discos, and whether the policing of discos will be stepped up?

Public Officer to reply

:

Secretary for Broadcasting, Culture and Sport

* 8. Mr TSANG Yok-sing to ask : (Translation)

Regarding the serious traffic accidents which recently occurred in Central and Mongkok respectively resulting in heavy casualties, will the Government inform this Council:

1. whether it has any plans to assess roads with heavy traffic and pedestrian flows in Hong Kong, for the purpose of constructing pedestrian footbridges at junctions with a high degree of potential danger, so as to ease traffic pressure on the roads; if so, what the details are; and

2. whether it will consider installing more cameras at busy road junctions to deter drivers from disobeying traffic signals?

Public Officer to reply : Secretary for Transport

* 9.Mr Howard YOUNG to ask :

Will the Government inform this Council when it plans to officially announce the opening date of the airport at Chek Lap Kok so as to give enough time for the tenants in Kai Tak Airport to move to Chek Lap Kok without their daily operation being adversely affected by the airport's "overnight move"?

Public Officer to reply : Secretary for Economic Services

*10. Dr HO Chung-tai to ask :

(Translation)

It is reported that in a recent incident involving the spalling of ceiling plaster at an over 30-year-old primary school building in Sham Shui Po, six pupils were hit and slightly injured. In this connection, will the Government inform this Council how the Education Department assists schools in inspecting and renovating school premises so as to ensure their safety, and what the funding arrangements in this regard are?

Public Officer to reply

:

Secretary for Education and Manpower

*11. Mr Howard YOUNG to ask :

Will the Government inform this Council whether:

1. it has undertaken any study on the availability of standing spaces for coaches at popular tourist spots (such as outside hotels along Canton Road, outside shops in Peking Road and near the Tiger Balm Garden); if so, what the findings are; and

2. it has plans to provide more standing spaces for coaches at tourist spots?

Public Officer to reply : Secretary for Transport

*12.Mr CHOY Kan-pui to ask :

(Translation)

Will the Government inform this Council of:

1. the number of complaints made against taxis in each of the first eight months this year; the nature and number of such complaints;

2. the number of prosecutions instituted against taxis in each of the first eight months this year and the offences involved; and

3. whether enforcement actions against taxis selecting passengers or refusing hire will slacken upon the conclusion of the World Bank meeting, since it is reported that in anticipation of this meeting, the Police has stepped up such actions recently?

Public Officer to reply : Secretary for Transport

*13.Mr CHAN Choi-hi to ask :

(Translation)

Will the Government inform this Council:

1. of the current position of Government departments in seeking ISO 9000 accreditation and the departments which have obtained or are now seeking such accreditation;

2. which departments are implementing the concept of "Total Quality Management"; and

3. of the measures in place to promote the implementation of ISO 9000 accreditation and "Total Quality Management" in Government departments?

Public Officer to reply

:

Chief Secretary for Administration

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

Currently, when processing applications for the construction or redevelopment of buildings, the government department concerned will, if necessary, require that the developers be responsible for building pedestrian footbridges or other pedestrian crossing facilities. In this connection, will the Government inform this Council:

1. whether the relevant authority specifies the dates of completion for such facilities; if not, how it ensures that the developers build the facilities the soonest possible;

2. of the total number of projects which the relevant authority has required the construction of such facilities, and the number of such facilities which the developers have not yet built, during the past three years;

3. whether the relevant authority will seek the prior consent of the other property owners concerned if the required facilities are to be connected to their properties; if not, how it will assist the developers in reaching agreement with the property owners concerned; and

4. how it will deal with those developers who do not honour their undertakings to build the required facilities?

Public Officer to reply

:

Secretary for Planning, Environment and Lands

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

Regarding the spalling of ceiling plaster in the assembly hall of a primary school in Sham Shui Po some days ago, will the Government inform this Council:

1. of the number of schools which encountered the problem of plaster spalling from ceilings of school buildings or experienced structural problems of buildings over the past three years, and the number of people injured in those incidents;

2. whether any school was closed as a result of these incidents over the past three years; and

3. whether it will consider implementing a mandatory inspection scheme on school buildings; if not, why not?

Public Officer to reply

:

Secretary for Education and Manpower

*16.Mr CHIM Pui-chung to ask : (Translation)

To enhance the transparency in the use and handling of Government property, will the Government inform this Council whether:

1. there is a list of objects taken away by the former Governor of Hong Kong, Mr Christopher PATTEN upon leaving office; if not, what the reasons are;

2. Mr PATTEN took away certain objects, including a batch of silver tableware, which belonged to the Government, from the former Government House when leaving office; if so, of the quantities, the purchase prices and the market prices of such objects; and

3. it was necessary for the former Governors to list out the particulars of the objects and file applications for taking them away from the Government House upon leaving office?

Public Officer to reply : Secretary for the Treasury

*17. Mr Paul CHENG to ask :

The Sub-committee on Mandatory Provident Fund (MPF) System, set up in the former Legislative Council in 1996-97, did not have the opportunity to study the relevant draft subsidiary legislation, which was issued by batches by the MPF Office during the period from late April to late June 1997. In view of the fact that the System will have far-reaching impact on the business sector and the employees, will the Government inform this Council:

1. when the authority concerned will announce the relevant legislative process and timetable;

2. whether it will amend the Mandatory Provident Fund Schemes Ordinance (Cap. 485); if so, what the details of the amendments are; and

3. whether it will undertake to allow sufficient time for this Council to scrutinize the relevant subsidiary legislation instead of rushing through the legislative process?

Public Officer to reply : Secretary for Financial Services

*18.Dr LAW Cheung-kwok to ask :

(Translation)

It is learnt that Hong Kong has severed all ties with the Asian Productivity Organization (APO) since 1 July this year. In this connection, will the Government inform this Council:

1. why, under the Basic Law and the spirit of "one country, two systems" Hong Kong cannot participate in such a regional economic organization as the APO;

2. whether it has raised with the Central People's Government and the APO to retain its membership in the APO; if so, what the details are;

3. of the present employment situation of those Hong Kong residents who were recommended by the British Hong Kong Government to take up employment with the APO; and

4. of the reasons for Hong Kong's continued participation in other international organizations (such as the International Monetary Fund) whilst its ties with the APO have to be severed?

Public Officer to reply : Secretary for Trade and Industry

*19. Mr HUI Yin-fat to ask :

(Translation)

Children aged below 18 and born in the Mainland of parents who are permanent residents of the Hong Kong Special Administrative Region are financially dependent on their parents while living in the Mainland. In this connection, will the Government inform this Council:

1. whether these children, like their siblings in Hong Kong, are regarded as members of the family, so that their parents, in applying for the Comprehensive Social Security Assistance, are also eligible for receiving the standard rate for children, child supplement and special grant in respect of these children; and

2. whether, as far as taxation is concerned, these children are regarded as members of the family enjoying the same status as their siblings in Hong Kong, so that their parents are eligible for claiming the child allowance in respect of these children?

Public Officer to reply : Secretary for Health and Welfare

*20. Mr NGAN Kam-chuen to ask :

(Translation)

It has recently been reported that quite a number of students living in the north-western New Territories have to travel a long distance to attend schools on outlying islands, thereby causing them a lot of time and travelling expenses. In this connection, will the Government inform this Council of:

1. the number of students who are placed in schools situated outside their residing districts in this academic year;

2. the criteria adopted by the relevant department in allocating school places and whether a review of the allocation criteria will be made; if not, why not; and

3. the measures that can be taken to prevent the recurrence of cross-district allocation of school places?

Public Officer to reply

:

Secretary for Education and Manpower

* For written reply.

III. Bills

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

1. Hong Kong Court of Final Appeal (Amendment) (No.3) Bill 1997	:	Chief Secretary for Administration
2. Legislative Council Bill	:	Secretary for Constitutional Affairs

IV. Motions

1.Births and Deaths Registration Ordinance

Secretary for Security :

That with effect from 31 October 1997 the Births and Deaths Registration Ordinance be amended -

1. in section 9(2), by repealing "$120" and substituting "$140";

2. in section 9(3), by repealing "$590" and substituting "$680";

3. in section 13(2A), by repealing "$120" and substituting "$140";

4. in section 13(3), by repealing "$370" and substituting "$425";

5. in section 22(1), by repealing "$120" and "$590" and substituting "$140" and "$680" respectively;

6. in section 22(2), by repealing "$120" and "$240" and substituting "$140" and "$275" respectively;

7. in section 23, by repealing "$60" and substituting "$70";

8. in section 27(1)(c), by repealing "$370" and substituting "$425".

2.Legitimacy Ordinance

Secretary for Security :

That with effect from 31 October 1997 the Schedule to the Legitimacy Ordinance be amended -

1. in paragraph 5, by repealing "$295" and substituting "$340";

2. in paragraph 6(1), by repealing "$120" and substituting "$140".

3. Buildings Ordinance

Secretary for Planning, Environment and Lands:

That the Technical Memorandum for Supervision Plans, published in Special Supplement No.5 to the Gazette on 29 August 1997 and laid on the table of the Provisional Legislative Council on 3 September 1997, be amended in Part III, in Table 1 -

1. by renumbering Note 2 as Note 3; and

2. by adding -

   "2.For frequency levels 1 to 4, more frequent site inspection up to full time may be required at critical stages; refer to the Code of Practice for guidance.".

V. Members' Motions

1.Interpretation and General Clauses Ordinance

Dr C H LEONG :

That in relation to the -

1. Securities and Futures Commission (Fees) (Amendment) Rules 1997, published as Legal Notice No. 430 of 1997;

2. Immigration (Amendment) Regulation 1997, published as Legal Notice No. 432 of 1997;

3. Registration of Persons (Amendment) Regulation 1997, published as Legal Notice No. 433 of 1997;

4. Marriage Reform (Fees) (Amendment) Regulation 1997, published as Legal Notice No. 434 of 1997;

5. Births Registration (Special Registers) Ordinance (Amendment of Fifth Schedule) Order 1997, published as Legal Notice No. 435 of 1997;

6. Deaths Registration (Special Registers) Ordinance (Amendment of Fourth Schedule) Order 1997, published as Legal Notice No. 436 of 1997;

7. Marriage Ordinance (Amendment of Second Schedule) Order 1997, published as Legal Notice No. 437 of 1997; and

8. Trade Marks (Amendment) Rules 1997, published as Legal Notice No. 438 of 1997,

which were laid on the table of the Provisional Legislative Council on 10 September 1997, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 15 October 1997.

2. Developing Hong Kong's high value-added industries

Prof NG Ching-fai :

(Translation)

That this Council urges the Government to implement promptly the commitment, made in the Chief Executive's inaugural speech delivered on 1st July, to promote the development of value-added and high technology industries and, in doing so, the Government should expeditiously:

1. set out the clear intention to support future industrial development, promote the upgrading of traditional industries and develop high value-added technology industries;

2. adjust the administrative structure for dealing with industrial development in the territory and enhance technological co-operation with the Mainland; and

3. strengthen the level of the mid-stream strength in the process of technology transfer, establish an Institute of Research on Industrial Technology, and enhance our enterprises' capability in developing new technology-intensive products.

Amendment to Prof NG Ching-fai's motion

Mrs Sophie LEUNG :

(Translation)

To delete "promptly" before "the commitment"; in (a), to delete "future"; to delete "traditional" and substitute with "existing"; in (c), to delete "the process of technology transfer" and substitute with "industrial development"; to delete "Institute of Research on Industrial Technology" and substitute with "independent mechanism"; to insert "work out strategies as soon as possible to deal with practical problems now facing the industrial sector, so as to" before "enhance"; and to delete "our enterprises' capability in developing new technology-intensive products" and substitute with "productivity and step up the development of applied technology in the process of technology transfer".

Public Officer to attend : Secretary for Trade and Industry

3. Formulating comprehensive policies on information technology

Ms CHOY So-yuk :

(Translation)

That this Council urges the Government to expeditiously study and formulate a set of forward-looking, comprehensive and feasible "National Information Infrastructure" policies and blueprint, as well as establish a high-level authority to implement such work, including extensively coordinating and giving impetus to the information technology organizations in the public and private sectors to utilize their resources and professional staff to participate in and cooperate with the aforesaid policies, with a view to making Hong Kong a highly informationalised modern metropolis.

Public Officer to attend : Secretary for Economic Services

Ray CHAN
for Clerk to the Provisional Legislative Council