A 98/99-26(1)

Legislative Council

Agenda
Wednesday 3 February 1999 at 2:30 pm

I. Papers

Subsidiary Legislation L.N. No.
1.Probation of Offenders (Approved Institution) (Consolidation) (Amendment) Order 199925/99
2.Travel Industry Compensation Fund (Procedure for Ex Gratia Payments) (Amendment) Rules 199926/99
3.Employees Retraining Ordinance (Amendment of Schedule 2) Notice 199927/99
4.Tax Reserve Certificates (Rate of Interest) Notice 199928/99
5.Mental Health (Amendment) Ordinance 1997 (81 of 1997) (Commencement) Notice 199929/99
6.Mental Health (Specification of Special Treatment) Notice 1998 (Cap. 136 sub. leg.) (Commencement) Notice 199930/99
7.Mental Health Review Tribunal (Amendment) Rules 1998 (L.N. 100 of 1998) (Commencement) Notice 199931/99
8.Mental Health (Guardianship) (Amendment) Regulation 1998 (L.N. 99 of 1998) (Commencement) Notice 199932/99
9.Mental Health Guardianship Board Rules (Cap. 136 sub. leg.) (Commencement) Notice 199933/99


Sessional Papers

1.No.87-Li Po Chun Charitable Trust Fund
Annual Report for the period 1 September 1997 to 31 August 1998

(to be presented by Secretary for Home Affairs)

2.No.88 -Hong Kong Arts Development Council
Annual Report 1 April 1997 - 31 March 1998

(to be presented by Secretary for Home Affairs)

3. No.89-The Hong Kong Academy for Performing Arts
Annual Report 1997-1998

(to be presented by Secretary for Home Affairs)

4. No.90-The Hong Kong Academy for Performing Arts - Financial Statements and Auditor's Report for the year ended 30th June 1998

(to be presented by Secretary for Home Affairs)


II. Questions

1. Hon HO Sai-chu to ask: (Translation)

Regarding the promotion of football in Hong Kong, will the Government inform this Council:
  1. whether it knows if the relevant authorities allocate funds annually to sponsor football in Hong Kong; if so, how the funds compare with those allocated to other sports; whether the Government has assessed if the funds allocated for football are adequate; and

  2. of the specific plans to raise the football standard in Hong Kong, and whether such plans include grooming local talented football players and providing sufficient pitches for football training and matches?
Public Officer to reply : Secretary for Home Affairs

2. Dr Hon YEUNG Sum to ask: (Translation)

Will the Government inform this Council whether it knows the countries or territories, other than the Hong Kong Special Administrative Region, the district councils of which have members appointed by the government; and the countries or districts the district councils of which have all their members returned by elections?

Public Officer to reply : Secretary for Constitutional Affairs

3. Hon CHAN Yuen-han to ask: (Translation)

Instead of constructing Tseung Kwan O Western Coast Road ("the Road") along the coastline to connect Tseung Kwun O with East Kowloon as originally proposed, the Administration has recently come up with another proposed route which will run through Lei Yue Mun district. It is learnt that the new proposal will seriously affect the preservation of monuments and the development of tourist attractions in Lei Yue Mun. In this connection, will the Government inform this Council of:
  1. the rationale for re-routing the Road; and

  2. the plan that the Administration has in place for the preservation of monuments and the development of tourist attractions in the district, such as the long-standing Lei Yue Mun Village, in the next five years?
Public Officers to reply :Secretary for Planning, Environment and Lands
Secretary for Economic Services


4. Hon Andrew CHENG to ask: (Translation)

With regard to the series of measures implemented by the Mass Transit Railway Corporation ("MTRC"), which aim at cutting back on operating costs, will the Government inform this Council whether it knows:
  1. the measures adopted by MTRC in regard to its staffing establishment, as well as the duties and remuneration of its staff;

  2. if MTRC has re-scheduled its train services; if so, the details of that; and

  3. how such measures will affect the train services provided by MTRC?
Public Officer to reply : Secretary for Transport

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

Regarding the wage reductions and retrenchments implemented by the management of public organizations wholly or partly owned by the Government or other public-funded organizations, will the Government inform this Council whether:
  1. the Administration has given any instructions to such organizations as to whether wage reductions and retrenchments should be implemented; if so, the contents of those instructions; if not, the reasons for that;

  2. the Mass Transit Railway Corporation gave notice to and consulted the Government prior to announcing its decision to lay off a number of employees last month; if so, of the opinion that the Administration had given to the company; if not, the reasons for that; and

  3. an assessment has been made to determine if the company's retrenchment of staff has been implemented in accordance with the procedures recommended in the Guidelines On What To Do If Wage Reductions And Retrenchments Are Unavoidable issued by the Labour Department; if the company has not followed the procedures, whether its knows the reasons for that?
Public Officers to reply : Secretary for Transport
Secretary for Education and Manpower


6. Hon Howard YOUNG to ask:

Regarding the proposed KCRC rail station to be constructed in Tsim Sha Tsui East, will the Government inform this Council:
  1. whether it has assessed the impact of the relevant construction work on the business of hotels in the vicinity and on tourism as a whole;

  2. whether it will consider the views of the affected hotel operators and shopkeepers on minimizing such impact; and

  3. of its plans to minimize the nuisance caused to the public by such construction work?
Public Officer to reply : Secretary for Transport

*7. Hon James TIEN to ask: (Translation)

Under the Import and Export (Registration) Regulations (Cap. 60 subsidiary legislation), any person who imports or exports through express couriers documents not exempted by the Regulations shall lodge declarations with the Commissioner of Customs and Excise and pay the relevant charges. In this connection, will the Government inform this Council:
  1. of the reasons for setting the above requirement;

  2. of the revenue attributable to the above requirement last year, and of its percentage against the total revenue derived from declaration charges as a whole; and

  3. whether the Administration will consider exempting the documents imported and exported through express couriers from the declaration requirement, so as to facilitate the conduct of business; if not, the reasons for that?
Public Officer to reply : Secretary for Trade and Industry

*8. Hon LAW Chi-kwong to ask: (Translation)

It is learnt that the Government has never compiled statistics on the disabled population in Hong Kong for use as reference data in planning the provision of relevant social services. In this connection, will the Government inform this Council whether it has plans:
  1. to include statistical items related to disabled persons in future population censuses; if not, the reasons for that; and

  2. to conduct a comprehensive and independent survey on the disabled population in Hong Kong; if so, the timing and scale of such survey; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services

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

Will the Government inform this Council of the number of infants born annually in each of the public and private hospitals over the past five years and, of these infants, the respective numbers of those born by Caesarean section and those who died at birth?

Public Officer to reply : Secretary for Health and Welfare

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

At present, the Professional Indemnity Scheme for practising solicitors does not provide indemnity in respect of claims brought about by the dishonesty, fraudulent act or fraudulent omission ("such acts") of solicitors. In this connection, will the Government inform this Council whether:
  1. it has assessed the adequacy of the existing legislation in protecting clients from losses brought about by such acts of their solicitors; if the existing legislation is found inadequate, whether it will consider introducing amendments to the relevant legislation in order to provide better safeguards for clients; and

  2. it will consider establishing a mutual fidelity insurance scheme and requiring practising solicitors to join such a scheme in order to provide compensations to clients who suffer from losses brought about by such acts of their solicitors?
Public Officer to reply : Secretary for Justice

*11. Hon SIN Chung-kai to ask:

Regarding the procurement of computer products by the Government through tenders, will the Government inform this Council:
  1. of the normal length of tender period for such products;

  2. of the normal time gap from tender invitation to product delivery;

  3. given the short product life cycle of some computer products, how it ensures that the computer products procured through tenders will not soon become obsolete; and

  4. whether it will consider other means of procuring computer products with short product life cycle?
Public Officer to reply : Secretary for Information Technology and Broadcasting

*12. Hon Eric LI to ask: (Translation)

The Protection of Wages on Insolvency Fund ("Fund") has recorded, for the first time, a deficit this year since it came into operation. In this connection, will the Government inform this Council whether it knows:
  1. if the Fund will have continuous deficits in the coming three years; if there will be deficits, the estimated deficit for each year; and

  2. if the relevant authorities have formulated any contingency plans to reduce the deficit; if so, whether they have assessed the impact of these plans on the operating costs of industrial and commercial enterprises?
Public Officer to reply : Secretary for Education and Manpower

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

Will the Government inform this Council whether it knows:
  1. the current profitability of various infrastructure facilities (including the Western Harbour Crossing, the Airport Railway, the new airport at Chek Lap Kok and Route 3 (Country Park Section), and so on) which came into operation in recent years;

  2. the respective estimated profits and internal rates of returns ("IRR") of these facilities; and

  3. if the answers to parts (a) and (b) above indicate that current profits are lower than originally expected,

    1. whether the relevant authorities have assessed the reasons thereof;

    2. the measures that will be adopted to improve the profitability of these facilities; and

    3. whether there are plans to revise the IRRs of these facilities; if so, of the revised IRR for each of them; if not, the reasons for that?
Public Officer to reply : Secretary for Transport

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

The Hong Kong Housing Authority ("HA") put in place new measures on 14 January 1999, requiring successful Green Form public rental housing ("PRH") applicants under various home ownership schemes to surrender their original PRH flats to the HA within one calendar month after taking over their newly-bought flats or effecting the Deed of Assignment. Tenants who occupy the flats for an extended period will be charged an occupation fee equivalent to three times the amount of the net current rent plus rates. In this connection, will the Government inform this Council if it knows:
  1. the criteria adopted by the HA in determining the one-month time limit; and

  2. if the HA has assessed whether the time limit is adequate for the tenants concerned to have the fitting-out works of their newly-bought flats completed and to move out from their PRH flats; and if the assessment shows that the time limit is too short, whether the HA will consider extending the time limit to two months; and if no consideration will be given to extending the time limit, the reasons for that?
Public Officer to reply : Secretary for Housing

*15. Dr Hon YEUNG Sum to ask: (Translation)

Regarding the supply and demand of goods vehicle parking spaces in the Eastern District of Hong Kong Island, will the Government inform this Council:
  1. of the respective shortfalls, according to the Administration's latest estimates, of daytime and overnight goods vehicle parking spaces in the district by the year 2001;

  2. of the number of cases of illegal on-street parking involving goods vehicles in the district last year;

  3. of the respective sites which have been classified or rented out on short-term tenancies as temporary vehicle parks, and those which have been formally planned as vehicle parks, among the sites which have been earmarked for goods vehicle parks in the district; and where they are mainly located;

  4. of the measures adopted since 1995 to solve the problem of shortage of goods vehicle parking spaces in the district; of the new measures that the Administration intends to adopt in the future, so as to ultimately solve the problem of shortage of goods vehicle parking spaces in the district; and

  5. whether it has assessed when a balance will be achieved between the supply and demand of goods vehicle parking spaces in the district; if so, the results of the assessment?
Public Officer to reply : Secretary for Transport

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

In March 1998, the Buildings Department wrote to all registered ventilation contractors in the territory, requiring them to register again under the new registration system prescribed by the Buildings (Amendment) Ordinance 1996, by April 2000. In this connection, will the Government inform this Council whether there is any difference between the new and the old systems in terms of the examination procedures and criteria; if so, the reasons for such differences; if not, the justifications for the Administration to require these contractors to be examined again?

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

*17. Dr Hon David LI to ask:

The provisional seasonally adjusted unemployment rate rose to 5.8% in the last quarter of 1998, which is the highest figure ever derived from General Household Surveys conducted since 1981. In this connection, will the Government inform this Council whether it will consider introducing measures to assist small and medium sized firms to maintain the number of their employees?

Public Officer to reply : Secretary for Trade and Industry

*18. Hon Fred LI to ask: (Translation)

It is learnt that the proposed alignment of Tseung Kwan O Western Coast Road will pass through Lei Yue Mun district, which will necessitate the cessation of business for a considerable number of seafood shops and restaurants, thereby seriously affecting the livelihood of the residents concerned and hindering the tourism development in the district which is renowned internationally for its characteristic restaurants. In this connection, will the Government inform this Council:
  1. of the respective estimated numbers of households, seafood shops and seafood restaurants in Lei Yue Mun district that will be affected by the proposed works;

  2. whether it plans to modify the alignment design of the Road so as to by-pass those shops and restaurants; and

  3. whether it plans to consult the relevant Provisional District Board and local organizations before a final decision is made on the alignment design?
Public Officer to reply : Secretary for Planning, Environment and Lands

*19. Hon SIN Chung-kai to ask:

Participating countries in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies agreed at their fourth plenary meeting held on 2 and 3 December 1998 to maintain controls on certain advanced technologies and encryption technology. In this connection, will the Government inform this Council:
  1. whether it has assessed the impact of the decision on the import of such technologies into Hong Kong; if so, the details of its assessment; if not, the reasons for that; and

  2. of the measures in place to assist the local industries concerned to obtain or develop such technologies?
Public Officer to reply : Secretary for Trade and Industry

*20. Hon James TO to ask: (Translation)

The Government informed this Council earlier that it would undertake the construction of the Phase II of the Cheung Sha Wan Wholesale Food Market Complex and had revised the scope of the project. In this connection, will the Government inform this Council whether:
  1. the mid-stream container working facilities in the original design will be retained in the revised project; if not, the reasons for that; and

  2. it has assessed if the increased traffic flow of heavy vehicles will lead to traffic congestion in the vicinity of the residential area within the reclaimed area of West Kowloon upon the opening of the Complex; if so, the details of it; and whether any corresponding measure has been formulated in this regard?
Public Officer to reply : Secretary for Economic Services

* For written reply.

III. Bills

First Reading

1. Legislative Council (Amendment) Bill 1999

2. Elections (Corrupt and Illegal Conduct) Bill

3. Chinese Medicine Bill

Second Reading (Debates to be adjourned)

1. Legislative Council (Amendment) Bill 1999: Secretary for Constitutional Affairs

2.Elections (Corrupt and Illegal Conduct) Bill: Secretary for Constitutional Affairs

3.Chinese Medicine Bill: Secretary for Health and Welfare


IV. Motions

Proposed resolution under the Protection of Wages on Insolvency Ordinance

Secretary for Education and Manpower to move the following motion:

RESOLVED that -

(1) with effect from 5 February 1999 ("the effective date"), section 16(2)(f)(i) of the Protection of Wages on Insolvency Ordinance be amended, by repealing "$36,000" where it twice appears and substituting "$50,000";

(2) the Ordinance as amended by this Resolution shall not apply in respect of a severance payment the liability for payment of which arose before the effective date; and

(3) the Ordinance as in force immediately before the effective date shall apply to a severance payment the liability for payment of which arose before that date as if this Resolution had not been made and passed.

V. Members' Motions

Report of the Select Committee

Hon Mrs Selina CHOW: (Translation)

That this Council endorses the Report of the Select Committee to inquire into the circumstances leading to the problems surrounding the commencement of the operation of the new Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and related issues.

Public Officer to attend : Chief Secretary for Administration

Clerk to the Legislative Council