A 98/99-44(1)

Legislative Council

Agenda
Wednesday 7 July 1999 at 2:30 pm

I. Papers

Subsidiary Legislation		L.N. No.
1.	Human Organ Transplant (Amendment) (No. 2) Regulation 1999	168/99
2.	Human Organ Transplant (Amendment) Ordinance 1999 (7 of 1999) (Commencement) Notice 1999	169/99
3.	Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 5) Order 1999	170/99
4.	Trainee Solicitors (Amendment) Rules 1999	171/99
5.	Administration of Justice (Miscellaneous Provisions) Ordinance 1999 (21 of 1999) (Commencement) Notice 1999	172/99

Sessional Papers

1. No. 134	-	Provisional Regional Council Revised Estimates of Expenditure 1998/99
(to be presented by Secretary for Home Affairs)
2. No. 135	-	Revised list of works of the Provisional Regional Council for the 1998/99 financial year (during the fourth quarter ended 31 March 1999)
(to be presented by Secretary for Home Affairs)
3. No. 136	-	Revised list of works of the Provisional Urban Council for the 1998/99 financial year (during the fourth quarter ended 31 March 1999)
(to be presented by Secretary for Home Affairs)
4. No. 137	-	Schedule of revisions to the 1998/99 Estimates approved by the Provisional Urban Council during the fourth quarter of the 1998/99 financial year
(to be presented by Secretary for Home Affairs)
5. No. 138	-	Report of the Independent Police Complaints Council 1998
(to be presented by Dr Hon LEONG Che-hung, who will address the Council)
6. No.139	-	Sir David Trench Fund for Recreation Trustee's Report 1998-99
(to be presented by Secretary for Home Affairs)
7. No.140	-	The Eleventh Annual Report of the Ombudsman, Hong Kong (June 1999)
(to be presented by Chief Secretary for Administration)
8. No.141	-	Report of the Public Accounts Committee on Report No. 32 of the Director of Audit on the Results of Value for Money Audits and Supplemental Reports on Report Nos. 30 and 31 of the Director of Audit on the Results of Value for Money Audits (July 1999 - P.A.C. Report No. 32)
(to be presented by Hon Eric LI , who will address the Council)

Reports

1. Report of the Panel on Manpower 1998/99
(to be presented by Hon LEE Kai-ming, Chairman of the Panel, who will address the Council)

2. Report of the Panel on Public Service 1998/99
(to be presented by Hon TAM Yiu-chung, Chairman of the Panel, who will address the Council)

3. Report of the Panel on Administration of Justice and Legal Services 1998/99
(to be presented by Hon Margaret NG, Chairman of the Panel, who will address the Council)

4. Report of the Panel on Home Affairs 1998/99
(to be presented by Hon CHOY So-yuk, Chairman of the Panel, who will address the Council)

5. Report of the Panel on Transport 1998/99
(to be presented by Hon Mrs Miriam LAU, Chairman of the Panel, who will address the Council)

6. Report of the Panel on Constitutional Affairs 1998/99
(to be presented by Hon Andrew WONG, Chairman of the Panel, who will address the Council)

7. Report of the Panel on Planning, Lands and Works 1998/99
(to be presented by Hon Edward HO, Chairman of the Panel, who will address the Council)

8. Report of the Panel on Welfare Services 1998/99
(to be presented by Hon CHAN Yuen-han, Chairman of the Panel, who will address the Council)

9. Report of the Panel on Information Technology and Broadcasting 1998/99
(to be presented by Hon SIN Chung-kai, Chairman of the Panel, who will address the Council)

10. Report of the Panel on Economic Services 1998/99
(to be presented by Hon James TIEN, Chairman of the Panel, who will address the Council)

11. Report of the Panel on Health Services 1998/99
(to be presented by Hon Michael HO, Chairman of the Panel, who will address the Council)

12. Report of the Bills Committee on Adaptation of Laws (No.12) Bill 1998
(to be presented by Hon Margaret NG, Chairman of the Bills Committee)

13. Report of the Bills Committee on Theft (Amendment) Bill 1998
(to be presented by Hon Mrs Miriam LAU, Chairman of the Bills Committee)

14. Report of the Bills Committee on Merchant Shipping (Local Vessels) Bill
(to be presented by Hon CHAN Kam-lam, Chairman of the Bills Committee)

15. Report of the Bills Committee on Revenue Bill 1999
(to be presented by Hon Margaret NG, Chairman of the Bills Committee)

II. Questions

1. Dr Hon LEONG Che-hung to ask: (Translation)

Will the Administration inform this Council:

1. whether routine tests are conducted on the level of Dioxin in our food, air and other matters that affect our health; if so, of the the average levels of Dioxin in food, air and those other matters in each of the past three years, and how these levels compare with the relevant international safety standards; and

2. of the measures it has taken and will take to reduce the level of Dioxin in our living environment?

Public Officers to reply:

Secretary for Planning, Environment and Lands Secretary for Health and Welfare Secretary for Works

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

Regarding the urban renewal projects undertaken by the Land Development Corporation ("LDC"), will the Government inform this Council whether:

1. the economic downturn has affected the desire of private developers to participate in the LDC redevelopment projects, hence slackening the progress of such projects; if so, how it will address the problem;

2. it has assessed if the LDC, by collaborating with those real estate developers who owned a large amount of properties in Nga Tsin Wai village instead of going through a tendering exercise to select developers for the Redevelopment Project, has violated the principle of fair competition; whether such practice will encourage real estate developers to acquire in advance properties in areas scheduled for redevelopment; and whether it has monitored the acquisition and tendering process of LDC's redevelopment projects; and

3. it will consider injecting capital into LDC or financing its individual redevelopment projects, so as to really achieve the target of improving the living environment of redevelopment areas?

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

3. Hon LEE Cheuk-yan to ask: (Translation)

It is learnt that the residents of Sha Tin, Kwai Chung, Tsuen Wan, Tsing Yi and Sham Tseng have been disturbed by aircraft noise since the opening of the second runway of the airport. According to the findings of a survey on noise levels, the highest aircraft noise level recorded at Royal Ascot in Shatin was 82.6 decibels, while an aircraft noise level of 80.9 decibels was recorded at Hong Kong Garden in Shum Tseng. In this connection, will the Government inform this Council of:

1. the respective highest aircraft noise levels recorded by the Environmental Protection Department ("EPD") in the above five districts during the past month;

2. the total number of complaints about aircraft noise received by the EPD from residents of the five districts since the opening of the second runway; and

3. the latest progress of the discussions between the Civil Aviation Department and the various airlines on the improvement measures to mitigate aircraft noise?

Public Officer to reply: Secretary for Economic Services

4. Hon Albert HO to ask: (Translation)

Section 3A of the Building Management Ordinance (Cap. 344) provides that the Authority (i.e. the Secretary for Home Affairs) may, upon application by the owners of not less than 30% of the shares, order that a meeting of owners shall be convened by such owner as the Authority may designate as the convenor, for appointing a management committee. Also, section 4 provides that the Lands Tribunal may, upon application by the owners of not less than 20% of the shares, or by the Authority or a public officer authorised by the Authority, order that a meeting of owners shall be convened by such owner as the Tribunal may direct, for appointing a management committee. In this connection, will the Government inform this Council of:

1. the number of applications lodged under section 3A received by the Authority; the number of times the Authority has exercised such power; and the circumstances under which the Authority would exercise such power; and

2. the number of applications lodged under section 4 the Tribunal has received; among them, the number of cases in which the relevant orders were granted by the Tribunal; and whether it knows the criteria adopted by the Tribunal in deciding whether to approve the applications

since the enactment of the sections in 1993?

Public Officer to reply : Secretary for Home Affairs

5. Hon Kenneth TING to ask: (Translation)

It was reported that an expatriate English language teacher employed under the "Native English-speaking Teachers Scheme" was suspected of breaching the conditions in the employment visa and the service contract by working as a part-time tutor in a private tutorial centre. In this connection, will the Government inform this Council:

1. whether it has taken any follow-up action on the case; if so, the details of the action; if not, the reasons for that;

2. whether any investigation has been conducted to find out if the English language teachers employed under the Scheme have taken up any part-time jobs; if so, the findings of the investigation; and

3. of the measures in place to prevent these teachers from taking up part-time jobs?

Public Officer to reply : Secretary for Education and Manpower

6. Hon Emily LAU to ask: (Translation)

The Planning, Environment and Lands Bureau advised the Panel on Environmental Affairs of this Council in December last year that it would formulate a comprehensive indoor air quality management programme within this year and consult the public on the proposed regulatory framework, statutory provisions and the draft Code of Practice. In this connection, will the Executive Authorities inform this Council:

1. of the progress in the formulation of the management programme and when the public consultation will be conducted;

2. whether there are different views among various government departments and bureaux on the detailed arrangements of the management programme; if so, how such differences will be resolved; and

3. of the division of responsibilities between the Planning, Environment and Lands Bureau and other bureaux in relation to environmental protection matters?

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

*7. Hon Ronald ARCULLI to ask:

Regarding matters about breaches of industrial safety legislation, will the Executive Authorities inform this Council, in tabular form (as illustrated below), of the details relating to offences committed by employers and employees respectively in the past five years:

1. the numbers of prosecutions instituted in respect of each offence in each year;

2. among them, the numbers of convictions; and

3. among the convicted cases, the maximum and minimum penalties imposed on the convicted persons?

(A) Offences committed by the Employers

	Offence	No. of prosecutions	No. of convicted cases	Penalty imposed
				Maximum	Minimum
1994
1995
1996
1997
1998

(B) Offences committed by the Employers

	Offence	No. of prosecutions	No. of convicted cases	Penalty imposed
				Maximum	Minimum
1994
1995
1996
1997
1998

Public Officer to reply: Secretary for Education and Manpower

*8. Hon Ambrose LAU to ask: (Translation)

Will the Government inform this Council:

1. of the respective percentages of secondary and primary schools adopting mother-tongue teaching in the total numbers of secondary and primary schools in Hong Kong in each of the past three school years; and

2. whether it has assessed the effectiveness of mother-tongue teaching, including its impacts on the learning ability and the English standard of students; if so, the findings of such assessments?

Public Officer to reply: Secretary for Education and Manpower

*9. Dr Hon LUI Ming-wah to ask: (Translation)

Will the Government inform this Council:

1. whether it knows the basis on which the Hospital Authority determines the amount of financial resources allocated to each hospital cluster;

2. how the average respective ratios of population to beds in public hospitals with Accident and Emergency Departments and other public hospitals compare with those in advanced countries in America and Europe; and

3. of the average ratio of public hospitals in-patients to doctors in the past year, and how this figure compares with those in advanced countries in America and Europe; and whether it plans to take measures to reduce the ratio; if so, of the specific timetable; if not, the reasons for that?

Public Officer to reply : Secretary for Health and Welfare

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

Regarding single-parent families in receipt of Comprehensive Social Security Assistance, will the Government inform this Council:

1. of the number of such families caused by divorce;

2. of the number of such families which should receive maintenance, and the average amount of maintenance they receive each month; and

3. whether it knows the number of families which did not receive full payment of maintenance on schedule in the past year? Please give a breakdown by the following percentages of the maintenance received:

   1. below 24%;

   2. 25% - 49%;

   3. 50% - 74%; and

   4. above 75%.

Public Officer to reply : Secretary for Health and Welfare

*11. Hon Howard YOUNG to ask:

I have received a complaint that there is unauthorized sale of air tickets for Taipei to visitors at various places such as the Hong Kong International Airport, China Hong Kong City and Kowloon Railway Station. In this connection, will the Government inform this Council whether:

1. it is aware of such activities;

2. such activities are in breach of the Travel Agents Ordinance (Cap. 218); and

3. it has received similar complaints from the tourism sector; if so, the action that it has taken?

Public Officer to reply: Secretary for Trade and Industry

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

Regarding the air routes between Hong Kong and the Mainland and the provision of air services between the two places, will the Government inform this Council:

1. of the respective numbers of air routes between Hong Kong and the Mainland operated by Mainland airlines and the Hong Kong Dragon Airlines;

2. of the routes between Hong Kong and the Mainland which are operated by Mainland airlines only; and

3. whether it has discussed with the Central People's Government the formulating of an air services agreement; if so,

   1. of the progress;

   2. of the expected date for signing such an agreement; and

   3. whether it has assessed if the agreement will effectively and equitably allocate the flights between Hong Kong and the Mainland to Hong Kong airlines and their counterparts in the Mainland?

Public Officer to reply : Secretary for Economic Services

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

Will the Government inform this Council:

1. whether it knows the number of schools which are located in the vicinity of construction sites, refuse collection points, food establishments and busy streets;

2. of the respective numbers of complaints and requests for assistance made by schools which are adversely affected by their polluted environment in the past year; and

3. whether it has assessed the impact of the polluted environment on the health of the staff and students of these schools; and the remedial measures it will take?

Public Officer to reply

:

Secretary for Planning, Environment and Lands

*14. Hon Mrs Sophie LEUNG to ask: (Translation)

Will the Government inform this Council whether it knows:

1. the number and geographical distribution of youth and family camps in Hong Kong, broken down by the types of managing organizations (i.e. public or voluntary ones);

2. the number of lodging places in each camp, and the average occupancy rate of each camp in each of the past three years; and

3. the average fees that the camps charge the lodgers, and whether the camps' income and expenditure could break even in the past three years?

Public Officer to reply: Secretary for Home Affairs

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

With regard to the regulation of companies providing securities trading on the Internet, will the Government inform this Council:

1. whether it knows the number of such companies which are securities dealers registered with the Securities and Futures Commission at present; among them, the number of companies which are also members of the Stock Exchange Hong Kong Limited ("SEHK");

2. whether investors transacting securities through such companies are protected under the Listing Rules and the compensation fund of SEHK; if not, whether it has plans to revise the relevant stipulations so as to safeguard the interests of these investors; and

3. of the number of complaints relating to securities trading on the Internet lodged so far by investors, with a breakdown by the nature of the complaints; and the follow-up action it has taken?

Public Officer to reply : Secretary for Financial Services

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

With the popularity of the Internet, it will become increasingly common for the public to purchase goods from shops overseas. In this connection, will the Government inform this Council:

1. of the number of cases in which the goods that the public ordered from overseas were found by the Customs and Excise Department to be prohibited goods when they were dispatched to Hong Kong by mail in the past three years; and whether it knows the number of such cases in which the goods involved were purchased through the Internet;

2. whether a person will be regarded as breaching the law if he has ordered goods from overseas for personal use which, upon their delivery to Hong Kong, are found to be not in compliance with the product safety requirements in Hong Kong; and

3. of the means for the public to ascertain if the goods they intend to order from overseas violate the laws of Hong Kong, and the measures in place to facilitate the public's awareness of such stipulations; and whether it will consider uploading onto the Government's websites information regarding the types of prohibited goods as well as goods which must satisfy the local product safety requirements, for easy checking by the public?

Public Officer to reply: Secretary for Trade and Industry

*17. Hon Christine LOH to ask:

In relation to the implementation of the Animals (Control of Experiments) Ordinance (Cap. 340) in 1998, will the Administration inform this Council of:

1. the respective numbers of licences granted and renewed under the Ordinance for performing experiments on living vertebrate animals;

2. the number of researchers who were granted more than one licence;

3. the species and the number in each species of animals used in experiments; and

4. the reasons for limiting the purview of the Ordinance only to those experiments performed on animals and calculated to give pain?

Public Officer to reply : Secretary for Health and Welfare

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

It is reported that among the members of the Hong Kong Research Grants Council ("HKRGC"), those who teach in the Hong Kong University of Science and Technology ("HKUST") outnumber their counterparts in other tertiary institutions. In this connection, will the Executive Authorities inform this Council:

1. of the criteria adopted by the Chief Executive in appointing members of the HKRGC;

2. of the current number of persons who concurrently teach in the HKUST and sit on the HKRGC; and

3. how the success rate of HKUST's research grant applications to the HKRGC compares with that of other tertiary institutions in the past three years?

Public Officer to reply: Secretary for Education and Manpower

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

It was reported that the Kowloon Motor Bus Company (1933) Limited ("KMB") will be spending $600 million to purchase 200 to 300 new buses. In this connection, will the Government inform this Council whether it knows:

1. if KMB will consider purchasing buses with environmentally-friendly engines; if so, of the details; if not, the reasons for that; and

2. if KMB plans to install Octopus processors on the new buses before putting them into operation; if so, whether it will consider installing Octopus processors on the boarding and alighting gates of the new buses, with a view to implementing a distance-based fare structure; if not, the reasons for that?

Public Officer to reply: Secretary for Transport

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

Regarding the Kennedy Town "Five Streets" and Tsuen Wan "Seven Streets" Redevelopment Projects undertaken by the Land Development Corporation ("LDC"), will the Government inform this Council:

1. whether the tenants who have been rehoused have all been allocated refurbished Hong Kong Housing Society (HKHS) flats, arising from casual vacancies; and, among such tenants, of the number of households rehoused within the original districts;

2. whether the Hong Kong Housing Authority has assisted in rehousing the affected occupants by exchanging units or directly providing HKHS with public rental flats in the vicinity of the redevelopment;

3. whether the affected rooftop occupants may be rehoused and given cash compensation;

4. whether it has assessed if, in the course of acquisition, LDC has taken all reasonable steps in accordance with the Land Development Corporation Ordinance (Cap. 15), including offering fair and reasonable terms in purchasing the properties concerned; whether it knows of cases in which the surveyors engaged by LDC came up with wrong assessments of the areas of the properties, underestimated the value of the whole block of properties for redevelopment, rejected the professional valuations determined by surveyors appointed by the owners, and refused to respond to queries raised by those surveyors on their valuations; and

5. whether it has engaged an independent authorized person to evaluate the properties concerned; if so, whether such valuations can be revealed for comparison to be made to LDC's acquisition offers; whether it will direct LDC to continue to negotiate with other owners over the purchase of the remaining properties before invoking the Lands Resumption Ordinance (Cap. 124)?

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

* For written reply.

III. Bills

First Reading

1. Evidence (Amendment) Bill 1999
2. Arbitration (Amendment) Bill 1999
3. Housing Managers Registration Bill
4. Adaptation of Laws (No.19) Bill 1999
5. Hong Kong Arts Development Council (Amendment) Bill 1999
6. Hong Kong Sports Development Board (Amendment) Bill 1999

Second Reading (Debates to be adjourned)

1. Evidence (Amendment) Bill 1999	:	Secretary for Justice
2. Arbitration (Amendment) Bill 1999	:	Secretary for Justice
3. Housing Managers Registration Bill	:	Secretary for Housing
4. Adaptation of Laws (No.19) Bill 1999	:	Secretary for Education and Manpower
5. Hong Kong Arts Development Council (Amendment) Bill 1999	:	Secretary for Home Affairs
6. Hong Kong Sports Development Board (Amendment) Bill 1999	:	Secretary for Home Affairs

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

1. Adaptation of Laws (No.12) Bill 1998	:	Secretary for Justice
2. Theft (Amendment) Bill 1998	:	Secretary for Justice
3. Adaptation of Laws (No.8) Bill 1998	:	Secretary for Planning, Environment and Lands
4. Adaptation of Laws Bill 1999	:	Secretary for Health and Welfare
5. Hong Kong War Memorial Pensions (Amendment) Bill 1999	:	Secretary for Health and Welfare
6. Banking (Amendment) Bill 1999	:	Secretary for Financial Services
7. Merchant Shipping (Local Vessels) Bill	:	Secretary for Economic Services
8. Import and Export (Amendment) Bill 1999	:	Secretary for Trade and Industry
9. Protection of Non-Government Certificates of Origin (Amendment) Bill 1999	:	Secretary for Trade and Industry
10. Revenue Bill 1999	:	Secretary for the Treasury

IV. Motions

Proposed resolution under the General Holidays Ordinance

Secretary for Education and Manpower to move the following motion:

RESOLVED that 31 December 1999 be appointed as a general holiday in addition to the existing general holidays specified in the Schedule to the General Holidays Ordinance.

V. Members' Motions

1. Proposed resolution on "Legislative Council Emblem"

Dr Hon LEONG Che-hung to move the following motion:

RESOLVED that the design attached to this resolution be adopted as the emblem of this Council.

(The emblem design attached to this resolution is in the Appendix of the Chinese version of the Agenda)

2. The Executive Council

Hon Cyd HO: (Translation)

That this Council urges the Chief Executive to expeditiously review the powers and responsibilities of the Executive Council, the criteria for appointing the Executive Council Members, the role of the Executive Council Members and the means for dealing with conflicts of interest, and to enhance the transparency of the Executive Council, so as to enhance its accountability to Hong Kong people.

Public Officer to attend: Chief Secretary for Administration

3. Enhancing the competitiveness of Hong Kong's manufacturing industry

Hon Kenneth TING: (Translation)

That, following the substantial depreciation of the currencies and the increasing political stability of the Southeast Asian countries, Hong Kong's manufacturing industry has been steadily losing goods orders, and the Government's various policies to promote the development of the manufacturing industry have only had limited effect; to enhance the competitiveness of the local manufacturing industry, this Council urges the Government to:

1. reduce the various government fees and charges relating to the manufacturing industry, as well as coordinating with the various relevant public and private organisations for lowering as far as possible public utilities charges, public transport costs, airport charges, container terminal handling charges and those fees which have a direct impact on the operating costs of the manufacturing industry;

2. introduce more tax concessions which are conducive to the development of the manufacturing industry;

3. explore the feasibility of offering direct government loans to manufacturers; and

4. discuss with the Central Government the extension of the right of Hong Kong manufacturers to sell their products in the Mainland and the provision of tax concessions, and streamline the regulation of the operation of factories established with capital from outside the Mainland.

Amendment to Hon Kenneth TING's motion

Hon SIN Chung-kai: (Translation)

To delete "following the substantial depreciation of the currencies and the increasing political stability of the Southeast Asian countries, Hong Kong’s manufacturing industry has been steadily losing goods orders, and the Government’""various policies to promote the development of the manufacturing industry have only had limited effect;"; to add "in terms of innovation and technology" after "to enhance the competitiveness of the local manufacturing industry"; to delete "reduce" and substitute with "freeze"; to delete "," from "public utilities charges," and substitute with "and"; to add "and introduce competition to bring" after "public transport costs,"; to delete "," from "airport charges," and substitute with "and"; to delete "and those fees which have a direct impact on the operating costs of the manufacturing industry" and substitute with "to market price levels"; to delete "introduce more" and substitute with "provide"; to delete "which are conducive to the development of the manufacturing industry" and substitute with "for investment in scientific research and the training and development of talents"; to delete "explore the feasibility of offering direct government" and substitute with "offer"; to delete "manufacturers" and substitute with "newly-established enterprises which are innovative"; and to add "(i) the setting up of a support centre to assist businessmen in resolving taxation and legal problems they encounter while doing business in the Mainland, and (ii)" after "discuss with the Central Government".

Public Officer to attend: Secretary for Trade and Industry

Clerk to the Legislative Council