A 98/99-18

Legislative Council

Agenda
Wednesday 2 December 1998 at 2:30 pm

I. Papers

	Subsidiary Legislation	L.N. No.
1.	Legal Practitioners (Fees) (Amendment) Rule 1998	359/98
2.	Occupational Retirement Schemes (Notices of Changes) Rules	360/98
3.	Occupational Retirement Schemes (Authentication and Certification of Documents) (Amendment) Rules 1998	361/98
4.	Occupational Retirement Schemes (Fees) (Amendment) Rules 1998	362/98
5.	Tax Reserve Certificates (Rate of Interest) (No.4) Notice 1998	363/98
6.	Veterinary Surgeons Registration (Fees) Regulation (L.N. 563 of 1997) (Commencement) Notice 1998	364/98

Sessional Papers

1.	No.62	-	Sir Edward Youde Memorial Fund Report of the Board of Trustees for the period 1 April 1997 to 31 March 1998
(to be presented by Secretary for Home Affairs)
2.	No.63	-	Secretary for Home Affairs Incorporated Statement of Accounts for the year ended 31 March 1998
(to be presented by Secretary for Home Affairs)
3.	No.64	-	Office of the Privacy Commissioner for Personal Data, Hong Kong Annual Report 1997-98
(to be presented by Secretary for Home Affairs)
4.	No.65	-	Report of the Brewin Trust Fund Committee on the Administration of the Fund for the year ended 30 June 1998
(to be presented by Secretary for Home Affairs)

II. Questions

1. Hon LEUNG Yiu-chung to ask: (Translation)

The Government advised the LegCo Panel on Home Affairs on 27 July this year that the report on the implementation of the International Covenant on Civil and Political Rights in the Hong Kong Special Administrative Region ("HKSAR") would be submitted in late August to the relevant United Nations ("UN") organizations through the relevant bodies of the Central People's Government; whereas the report on the International Covenant on Economic, Social and Cultural Rights will be submitted in late September. After the submission, the Government would release them to the public. In this connection, will the Government inform this Council:

1. of the progress in the submission of the two reports to the UN; and
   
   
2. whether the Administration will consider publishing these reports upon completion and conducting a consultation exercise before submitting them to the UN in the future, so that people from various sectors can express their views on the reports?

Public Officer to reply: Secretary for Home Affairs

2. Dr Hon HO Chung-tai to ask: (Translation)

It is reported that radio communications between airplanes flying over Hong Kong and the Air Traffic Control Centre at the airport in Hong Kong are often jammed by radio waves transmitted from paging stations in the coastal cities of the Guangdong Province. In this regard, will the Government inform this Council:

1. of the total number of reports received by the Administration concerning interference with such radio communications since the opening of the new airport;
   
   
2. whether it has studied the effects of such interference on aviation safety; if so, of the details; and
   
   
3. of the actions taken by the Administration to solve the problem; and the effectiveness of such actions?

Public Officer to reply: Secretary for Economic Services

3. Hon LAU Kong-wah to ask: (Translation)

Regarding the appointment of chairmen or chief executives of statutory public bodies (including the Hong Kong Monetary Authority, the Securities and Futures Commission, the Mass Transit Railway Corporation, the Kowloon-Canton Railway Corporation, the Hospital Authority, The Office of the Ombudsman and the Hong Kong Housing Authority), will the Government inform this Council whether:

1. it knows which persons are responsible for determining the appointment procedures, prescribing the remuneration and conditions of service and making appointments for the above posts;
   
   
2. it knows if the above bodies have set up any mechanism to monitor and assess the competence of the persons assuming the above posts, and to make recommendations regarding the renewal of appointment; if such mechanisms have been set up, of the details; and
   
   
3. the Administration will review such appointment mechanisms and consider appointing Members of this Council to sit on the various appointment boards, with a view to enhancing the accountability of such boards?

Public Officer to reply : Chief Secretary for Administration

4. Hon Emily LAU to ask: (Translation)

It is reported that in July and August this year, potable water in Sydney, Australia was found to contain two kinds of parasites, namely Giardia and Cryptosporidia. In this connection, will the Executive Authorities inform this Council:

1. how the health of people will be affected if they drink potable water containing these two kinds of parasites;
   
   
2. whether laboratory tests have been conducted to ascertain if the potable water in Hong Kong contains these two or any other kinds of parasites; if so, of the time when the tests were conducted and the results of such tests; if no, the reasons for it; and
   
   
3. whether it has formulated contingency measures to cope with the situation when potable water is found to contain the two kinds of parasites?

Public Officer to reply: Secretary for Works

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

Will the Government inform this Council:

1. of the number of persons from Asian territories, including Nepal, Pakistan, Philippines, Thailand and India but excluding Mainland China, who were issued employment visas and became Hong Kong residents in the past five years; and the number of such persons who became permanent residents in Hong Kong by virtue of having resided here for seven continuous years during the same period; and
   
   
2. whether the Administration has plans to amend the immigration policies which allow foreigners holding an employment visa on arrival to submit applications immediately for their family members to come to Hong Kong for reunion and allow these foreigners and their family members to apply to become permanent residents of Hong Kong after residing in the territory for a continuous period of seven years?

Public Officer to reply: Secretary for Security

6. Hon Fred LI to ask: (Translation)

Regarding the supervision of private residential care homes for the elderly ("RCHEs"), will the Government inform this Council:

1. of the present number of private RCHEs; among them, the number operating under certificates of exemption issued under the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459); whether the Administration has any plan to designate a date by which such certificates of exemption will be revoked and that all private RCHEs will have to operate under licence;
   
   
2. of the supervision mechanism currently in place to ensure the services provided by private RCHEs comply with those specified in the "Code of Practice for Private Homes for the Elderly" in respect of taking care of the physical and psychological needs of the elderly; whether there are private RCHEs refused a licence for failing to comply with those specifications; and
   
   
3. of the number of private RCHEs in Hong Kong currently participating in the Bought Place Scheme of the Administration; among them, the number not yet operating under licence; whether the Administration will set yardsticks to assess if the services provided by the private RCHEs participating in the Scheme are up to the required standards?

Public Officer to reply: Secretary for Health and Welfare

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

Will the Government inform this Council of:

1. the sale blackspots of duty-not-paid cigarettes in the New Territories at present;
   
   
2. the quantity of duty-not-paid cigarettes seized at the above blackspots and the number of prosecutions instituted against such activities in the past three years; and
   
   
3. the measures in place to step up efforts to combat the sale of duty-not-paid cigarettes?

Public Officer to reply: Secretary for the Treasury

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

According to a survey conducted recently by the Hong Kong Productivity Council ("HKPC") on the Year 2000 Compliance problem (commonly known as the "millennium bug problem"), over 30% of the small and medium-sized companies have no plans to tackle the problem. In this connection, will the Government inform this Council:

1. if it knows whether HKPC has taken the initiative to assist small and medium-sized companies in tackling the millennium bug problem; and of the difficulties HKPC has encountered in assisting individual companies to tackle such problem;
   
   
2. if it knows the effects of the "888 Bug-Buster Programme" currently provided by HKPC, and the scope of its market promotion; and
   
   
3. whether it has assessed the number of companies that will not be able to completely solve the millennium bug problem before Year 2000?

Public Officer to reply: Secretary for Information Technology and Broadcasting

*9. Hon SIN Chung-kai to ask: (Translation)

Currently, some companies issue electronic bills to their customers via the Internet. In this connection, will the Government inform this Council whether:

1. electronic bills issued via the Internet carry the same legal effect as those issued on paper;
   
   
2. it has assessed whether there is a need for introducing new legislation or making amendments to existing legislation to provide for issuing electronic bills via the Internet;
   
   
3. it will encourage the business sector to issue electronic bills via the Internet; and
   
   
4. it has explored the feasibility of issuing electronic bills by various providers of utility services such as Water Supplies Department, power supply companies, etc. via the Internet in the near future?

Public Officer to reply: Secretary for Information Technology and Broadcasting

*10. Hon Albert HO to ask: (Translation)

Regarding the use of the Exchange Fund for the purchase of Hang Seng Index ("HSI") futures contracts and options contracts in August this year, will the Government inform this Council:

1. whether the authorities are still holding any HSI futures and options contracts; if so, whether these contracts are held through the Exchange Fund Investment Ltd. and the amount of investment in each type of contracts;
   
   
2. of the respective numbers of HSI futures and options contracts held by the Administration at the end of August, September and October this year; and
   
   
3. of the financial position in terms of profit and loss since its participation in the trading of HSI futures and options?

Public Officer to reply : Secretary for Financial Services

*11. Hon LEE Kai-ming to ask: (Translation)

Regarding the Singapore International Monetary Exchange's plan to launch Hong Kong index futures contracts, will the Government inform this Council:

1. of the specific contingency measures which the relevant financial institutions in Hong Kong plan to take in order to cope with competition from outside;
   
   
2. whether such financial institutions have considered implementing a long-term financial development strategy and developing new products, so as to strengthen the status of Hong Kong as an international financial centre; and
   
   
3. of the measures the executive authorities have in place to enhance the status of Hong Kong as an international financial centre?

Public Officer to reply: Secretary for Financial Services

*12. Hon Michael HO to ask: (Translation)

Regarding the retention and disclosure of patients' medical records, will the Government inform this Council of the legislation, administrative arrangements or guidelines:

1. in place to instruct hospitals, clinics and private medical practitioners on how to write and keep patients' information and case histories; and the provisions in them in respect of the information to be recorded and the minimum duration for medical records to be kept; and
   
   
2. under which patients and their families can request the patients' own medical records from the parties concerned?

Public Officer to reply : Secretary for Health and Welfare

*13. Hon Christine LOH to ask:

Regarding the alleviation of vehicle emissions problem, will the Government inform this Council:

1. of the total number of repeat offenders found under the Environmental Protection Department ("EPD")'s smoky vehicle control scheme in the past three years;
   
   
2. of the respective manpower and financial resources that the EPD and the Police used in the enforcement of vehicle emission regulations in each of the past three years;
   
   
3. whether it will consider empowering traffic wardens and EPD staff to issue fixed-penalty tickets to smoky vehicles;
   
   
4. whether it has estimated the percentage of small diesel vehicles, among all small diesel vehicles, that will pass the free acceleration smoke tests but not the dynamometer tests;
   
   
5. of the timetable for introducing, and the measures for the early introduction of dynamometer tests for all vehicles;
   
   
6. of the penalties to be imposed on the owners of vehicles failing the dynamometer tests; and
   
   
7. whether it has plans to introduce annual or bi-annual compulsory emission tests for all vehicles; if yes, of the timetable?

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

*14. Dr Hon David LI to ask:

A survey conducted in October this year reported that about 20% of the members of the Swiss Business Council of Hong Kong considered that a decline in the English standard among workers in Hong Kong had adversely affected the business of their companies. In this connection, will the Government inform this Council whether it has assessed if Hong Kong's position as an international financial centre will be undermined by its policy to use Chinese as the medium of instruction in secondary schools?

Public Officer to reply : Secretary for Education and Manpower

*15. Hon YEUNG Yiu-chung to ask: (Translation)

Will the Government inform this Council, in respect of this school year:

1. of the number of families which have children studying in primary or secondary schools and are granted textbook and stationery grants by the Student Financial Assistance Agency; and
   
   
2. of the respective numbers of primary and secondary school students who receive a full grant or half grant, and the respective total amounts of money involved in providing these grants?

Public Officer to reply: Secretary for Education and Manpower

*16. Hon LAU Kong-wah to ask: (Translation)

It is learned that the Mass Transit Railway Corporation ("MTRC") will need to use Area 40A in Tseung Kwan O from April 1999 to February 2003 as a temporary work site for the construction of Phase I of the MTR Tseung Kwan O Extension project. In this connection, will the Government inform this Council:

1. whether it knows if the MTRC has conducted any evaluation study on whether or not the project may cause an increase in the level of noise in the nearby area, and whether it knows of the measures that will be put in place to minimize the noise nuisance caused to residents in the vicinity; and
   
   
2. of the plan the Administration has for supervising the MTRC, so as to ensure that it will assess the possible impact of the project on the structural safety of the nearby residential blocks of On Ning Garden, and that the MTRC will adopt measures to ensure the structural safety of the residential blocks of On Ning Garden?

Public Officer to reply: Secretary for Transport

*17. Hon CHEUNG Man-kwong to ask: (Translation)

Regarding cases where it is suspected that adults killed children before committing suicide, will the Government inform this Council:

1. in each of the past three years,
   
   
   1. of the number of such cases that took place;
      
      
   2. of the respective numbers of adults and children who died in such cases each year; whether it has looked into the reasons why the adults concerned committed suicide in the five cases with the highest death tolls;
   
   
2. whether any common causes have been identified for such cases; and
   
   
3. of the specific measures in place to prevent the recurrence of such cases?

Public Officer to reply: Secretary for Health and Welfare

*18. Hon Emily LAU to ask: (Translation)

Regarding laser vision correction surgeries performed at public hospitals, will the Executive Authorities inform this Council if they know:

1. the total number of such surgeries performed at public hospitals; together with the average cost of each operation and the fees payable by each person undergoing the surgeries in the past three years;
   
   
2. the number of people on the waiting list for such surgeries and the average waiting time; and
   
   
3. the criteria adopted by the management of public hospitals for the provision of subsidies to people undergoing such surgeries, and whether the relevant subsidy policy will be reviewed so as to ascertain whether resources have been put to good use?

Public Officer to reply: Secretary for Health and Welfare

*19. Hon LEUNG Yiu-chung to ask: (Translation)

The blockage of river channels frequently causes floods in the New Territories in recent years. In this connection, will the Government inform this Council:

1. of the number of rivers that run through private land in Hong Kong; and
   
   
2. of the provisions currently in place to require private landowners to maintain clear channels for the rivers running through their land; and whether there are provisions stipulating the party responsible for the expenses of clearing the river channels concerned?

Public Officer to reply : Secretary for Works

*20. Hon YEUNG Yiu-chung to ask: (Translation)

Will the Government inform this Council:

1. of the present number of private renal dialysis centres in Hong Kong and, of these centres, the number which have not been registered in accordance with the relevant legislation;
   
   
2. of the number of medical incidents occurring at private renal dialysis centres in each of the past five years and, of these incidents, the number of those occurring at unregistered renal dialysis centres; and
   
   
3. how it regulates private renal dialysis centres?

Public Officer to reply : Secretary for Health and Welfare

* For written reply.

III. Bills

First Reading

1. Theft (Amendment) Bill 1998

2. Road Traffic (Amendment) Bill 1998

3. Adaptation of Laws (No.10) Bill 1998

Second Reading (Debates to be adjourned)

1.Theft (Amendment) Bill 1998	:	Secretary for Justice
2.Road Traffic (Amendment) Bill 1998	:	Secretary for Transport
3.Adaptation of Laws (No.10) Bill 1998	:	Secretary for Financial Services

IV. Members' Motions

1. Promoting the development of the agriculture and fisheries industries

Hon WONG Yung-kan: (Translation)

That this Council urges the Government to promote the sustained development of Hong Kong's agriculture and fisheries industries and expeditiously establish a research institute on agriculture and fisheries, so that the industries can follow closely the world trend of developing technologically-advanced and high value-added modes of production, and to formulate a long-term agriculture and fisheries development strategy, in order to ensure that the industries contribute to Hong Kong's economy.

Public Officer to attend: Secretary for Economic Services

2. The Government's Scheme of Control Agreements with the two power companies

Hon Fred LI : (Translation)

That this Council urges the Government to abolish, in the year 2008, the profit control schemes made respectively with the China Light and Power Company Limited ("CLP") and the Hongkong Electric Company Limited ("HEC"), so as to fully implement the opening up of the electricity supply market, and also urges the Government to expeditiously implement, in the meantime, the proposal to increase the interconnection capacity between CLP and HEC, so that the transfer of electricity between the two power companies can be extended, with a view to reducing the electricity reserve margin for the whole of Hong Kong, minimizing electricity wastage, deferring the implementation of HEC's proposal to build additional electricity generating capacity, and preparing for the introduction of market competition in future; furthermore, this Council also requests the Government to seek actively to amend those provisions in the two power companies' Scheme of Control Agreements that are against consumers' interests, and to lower their permitted rate of return on average net fixed assets, so as to safeguard consumers' interests.

Public Officer to attend: Secretary for Economic Services

Clerk to the Legislative Council