Revised version

A 98/99-2(1)

Legislative Council

Agenda

Wednesday 8 July 1998 at 2:30 pm

I. Papers

Subsidiary Legislation	L.N. No.
1. Waste Disposal (Designated Waste Disposal Facility) (Amendment) Regulation 1998	260/98
2. Merchant Shipping (Launches and Ferry Vessels) (Amendment) Regulation 1998	261/98
3. Merchant Shipping (Miscellaneous Craft) (Amendment) Regulation 1998	262/98
4. Fugitive Offenders (New Zealand) Order	263/98
5. Exemption from Profits Tax (Interest Income) Order	264/98
6. Road Traffic (Traffic Control) (Designation of Prohibited and Restricted Zones) Notice	266/98
7. Air Passenger Departure Tax (Amendment) Ordinance 1998 (20 of 1998) (Commencement) Notice 1998	267/98

Sessional Papers

1. No.1-	Schedule of revisions to the 1997/98 Estimates approved by the Provisional Urban Council during the fourth quarter of the 1997/98 financial year
(to be presented by Secretary for Home Affairs)
2. No.2-	Revised list of works of the Provisional Urban Council for the 1997/98 financial year (during the fourth quarter ended 31 March 1998)
(to be presented by Secretary for Home Affairs)
3.No.3-	Revised Estimates of Expenditure of the Provisional Regional Council for the 1997/98 financial year
(to be presented by Secretary for Home Affairs)
4.No.4-	Revised list of works of the Provisional Regional Council for the 1997/98 financial year (during the fourth quarter ended 31 March 1998)
(to be presented by Secretary for Home Affairs)

II. Questions

1. Hon James TO to ask : (Translation)

Regarding the complaint against the Police's broadcasting of music to subdue the voice of demonstrators on the Handover night last year, the Complaints Against Police Office (CAPO) considered that the police had not made any mistake. However, the Independent Police Complaints Council (IPCC), upon investigation, considered the complaint substantiated and submitted a report to the Chief Executive. In this connection, will the Government inform this Council:

whether the Chief Executive will respond to the investigation report;
given the different conclusions of CAPO and IPCC over the complaint, what measures the authority will take to improve the existing complaints against Police system, so that it can win the trust of members of the public;
how the Police will, in formulating the procedures and guidelines regarding the handling of demonstrations, implement the recommendations of IPCC in this respect, so as to safeguard the demonstrators' freedom of speech; and
in regard to the posting of the police officer under investigation as head of CAPO when the case was still being investigated by CAPO, has the authority considered whether such an arrangement would affect the operation and credibility of CAPO in investigating the case; if the credibility of CAPO is affected as a result, what remedial measures will be adopted?

Public Officer to reply : Secretary for Security

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

It is learnt that there are no travellers' lounges in the new airport at Chek Lap Kok, and that the hotels in the vicinity of the new airport will only be opened around September and October this year. As the Lantau Link that leads to the new airport will be closed during the onslaught of typhoons, will the Government inform this Council, in the event of typhoons:

how the accommodation needs of travellers' will be met when hotels in the vicinity of the new airport are not yet opened for business;
of the standing measures in place to disperse people stranded in the new airport; and
whether contingency measures have been formulated to prevent the operation of the new airport from being affected by surface transport conditions?

Public Officer to reply

Secretary for Economic Services
Secretary for Transport

3. Hon Howard YOUNG to ask :

Will the Government inform this Council:

whether it is aware of the existence of unlicensed guesthouses; if so, of the estimated number of such guesthouses and how this compares to that of licensed guesthouses; and
of the actions it has taken against unlicensed guesthouses?

Public Officer to reply : Secretary for Home Affairs

4. Hon Emily LAU to ask : (Translation)

As some Hong Kong citizens (including certain Members of this Council) have been denied issuance of Home Visit Permits (HVPs) by the Central People's Government, will the Government inform this Council whether:

it knows the number of Hong Kong citizens who have been denied issuance of HVPs;
it has enquired of the Central People's Government the reasons for these people's being denied issuance of HVPs; and
it has any plan to assist these people in obtaining HVPs?

Public Officer to reply

Secretary for Constitutional Affairs
Secretary for Security

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

Will the Government inform this Council:

of the number of foreigners who came to work in Hong Kong with an employment visa in each of the past three years;
of the number of immediate family members of these foreigners who came to reside in Hong Kong on application by the foreigners concerned during the same period, and the number of these family members who were at the age of 14 or above; and
whether such family members are not required to apply for an employment visa to work in Hong Kong; if so, what the reasons are; and whether the relevant authorities will formulate any measures to require these members to obtain an employment visa before they are allowed to work in Hong Kong?

Public Officer to reply : Secretary for Security

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

There have been a number of incidents since August last year in which securities companies were suspected to have deceived their clients or embezzled the clients' stocks placed in their care. In this connection, will the Government inform this Council:

whether it is aware of the major reasons for the occurrence of such incidents;
whether it has studied ways to improve the existing regulatory system and central clearing system; if so, what the results are; if not, why not;
whether it has considered what responsibility the Financial Services Bureau (FSB), the Securities and Futures Commission (SFC) and the Stock Exchange of Hong Kong Limited (SEHK) should bear in these incidents; if so, what the findings are; if not, why not;
whether it has any plan to set up an independent committee to review the responsibilities of the FSB, SFC and SEHK in regulating the operation of securities companies; if so, when the committee will be set up; if not, why not; and
of the measures it will take to avoid the recurrence of similar incidents in future?

Public Officer to reply : Secretary for Financial Services

*7. Hon NG Leung-sing to ask : (Translation)

It is reported that the projected public housing supply for 1999-2000, 2000-2001 and 2001-2002 are 60 000, 130 000 and 50 700 units respectively. In this connection, will the Government inform this Council whether it has studied the impact of such uneven supply on the construction industry in terms of demand for manpower and materials, and of the measures it will adopt to deal with the situation?

Public Officer to reply : Secretary for Housing

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

It is learnt that the current selling price of live chickens in Hong Kong is higher than that before the outbreak of the "avian flu", and that there is only one importer responsible for the import of live chickens from the Mainland to the territory. In this connection, will the Government inform this Council:

of the specific measures in place to ensure that the price of live chickens is maintained at a reasonable level, so as to safeguard consumers' rights; and
whether it will consider allowing other merchants to import live chickens directly from the Mainland to the territory, so as to bring in market competition and price adjustment; if not, why not?

Public Officer to reply : Secretary for Economic Services

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

It is reported that jerry-building practices have been used by the contractor in carrying out the foundation works of the superstructure of the Kowloon Station of the Airport Railway, adversely affecting the building quality of the project. In this connection, will the Government inform this Council of:

the mechanism in place to ensure that the construction works in question comply with the prescribed standards,
the penalties to be imposed on the contractor involved in jerry-building practices; and
the role of the Buildings Department in this incident?

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

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

Will the Government inform this Council:

of the total number of complaints that the Housing Department received during the past three years about the breeding of termites in its public housing units and, among them, the number involving Leung King Estate;
among those housing estates, which of them are included in the "Tenants Purchase Scheme";
of the reasons for the breeding of termites in the public housing units; whether they are related to the wooden materials used in construction; and
of the methods adopted by the Housing Department to prevent the breeding of termites in public housing units?

Public Officer to reply : Secretary for Housing

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

Will the Government inform this Council:

of the total number of complaints received by the Education Department in the past three years about students being physically abused by teachers and, among them, the respective numbers of those referred to the police for follow-up action and those resulting in successful prosecution;
of the measures the Education Department has put in place to prevent students from being physically abused by teachers; and
whether it has studied the adequacy of the existing legislation in protecting students from being physically abused by teachers; if so, what the findings are?

Public Officer to reply : Secretary for Education and Manpower

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

Will the Government inform this Council:

whether it is aware of the number of companies engaged in industrial production that went bankrupt or closed down in each of the past two years; of the trades that had the largest number of such companies;
whether it is aware of the number of employees affected as a result and their average age;
whether it has tried to find out and analyze the reasons for the bankruptcy or closure of such companies; if so, what the findings are; and
of the measures and support schemes which the authority has in place to provide assistance to these trades?

Public Officer to reply : Secretary for Trade and Industry

*13. Hon Christine LOH to ask :

Regarding the Draft Central District (Extension) Outline Zoning Plan gazetted on 29 May 1998, will the Government inform this Council:

of the minimum land area required to provide the necessary transport infrastructure, including the Central-Wanchai Bypass, an extension eastwards of the MTR North Hong Kong Island Line and an airport railway overrun tunnel extension;
given the presumption against reclamation in the central harbour provided for by the Protection of the Harbour Ordinance, whether it will propose a minimum reclamation plan to the Town Planning Board and if not, why not; and
how it has observed and complied with the Protection of the Harbour Ordinance?

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

*14. Hon Howard YOUNG to ask :

Will the Government inform this Council whether it has resolved the problem of the "millennium bug" where Government computer systems:

have interactions with those of commercial users, such as land registry search, and whether such users have been informed of the situation; and
are related to the tourism industry, such as the immigration control system of the Immigration Department and the aeronautical system of the Civil Aviation Department?

Public Officer to reply : Secretary for Information Technology and Broadcasting

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

It is learnt that the New World First Bus Services Limited (New World Bus) will start providing bus services from 1 September this year. In this connection, will the Government inform this Council:

whether it has formulated contingency measures to deal with any traffic chaos that may arise during the initial service period of the New World Bus; if so, what the details are; and
whether it has considered allowing the New World Bus to provide services at an earlier date, so as to avoid unnecessary traffic chaos when schools open in early September?

Public Officer to reply : Secretary for Transport

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

With regard to the claims made by clients of securities companies for compensation under the Securities Compensation Fund, will the Government inform this Council of:

the number of such claims in each of the past five years; and
the following information concerning the claims:
1. the reasons for making the claims;
2. the amounts of compensation claimed and granted;
3. the number of clients involved;
4. the computation of the amount of compensation; and
5. the time taken from the filing of claims to the granting of compensation?

Public Officer to reply : Secretary for Financial Services

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

In connection with the recent successive incidents of power line failure resulting in the suspension of service on the Kwun Tong Line of the Mass Transit Railway (MTR), will the Government inform this Council:

whether it is aware of any correlation between these incidents and the ageing of power lines;
whether it will request the MTR Corporation to comprehensively review the ageing of the MTR system; if so, of the review timetable; if not, why not; and
whether it is aware of any concrete improvement measures adopted by the MTR Corporation to prevent the recurrence of similar incidents?

Public Officer to reply : Secretary for Transport

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

Will the Government inform this Council of:

the respective numbers of vacant teaching posts in government and aided primary schools and secondary schools in each of the past three academic years; the number of applicants for these teaching posts each year, together with the number of successful applicants and, among the latter, the number of fresh graduates from the teacher education programmes of various tertiary institutions;
the total number of graduates from the teacher education programmes of all tertiary institutions in the current academic year; and
the measures in place to assist these graduates in seeking employment?

Public Officer to reply : Secretary for Education and Manpower

* For written reply.

III. Bills

First Reading

Holidays (Amendment) Bill 1998

Second Reading

Debate to be adjourned

Holidays (Amendment) Bill 1998

Secretary for Education and Manpower

IV. Members' Motions

1. Interpretation and General Clauses Ordinance

Dr Hon LEONG Che-hung :

Resolved that in relation to the -

Housing (Amendment) Ordinance 1997 (108 of 1997) (Commencement) Notice 1998, published as Legal Notice No. 180 of 1998;
Housing (Amendment) Ordinance 1998 (3 of 1998) (Commencement) Notice 1998, published as Legal Notice No. 181 of 1998;
Consumer Goods Safety Regulation (L.N. 110 of 1997) (Commencement) Notice 1998, published as Legal Notice No. 182 of 1998; and
Toys and Children's Products Safety Regulation (L.N. 111 of 1997) (Commencement) Notice 1998, published as Legal Notice No. 183 of 1998,

and laid on the table of the Provisional Legislative Council on 18 March 1998, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1), as extended under section 34(3) thereof, be extended under section 34(4) thereof to the meeting of 15 July 1998.

2. Interpretation and General Clauses Ordinance

Dr Hon LEONG Che-hung :

Resolved that in relation to the -

Designation of Libraries (Urban Council Area) Order 1998, published as Legal Notice No. 188 of 1998;
Declaration of Markets in the Urban Council Area (Amendment) Declaration 1998, published as Legal Notice No. 189 of 1998;
Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 1998, published as Legal Notice No. 190 of 1998;
Banking Ordinance (Declaration under section 2(14)(d)) (No.3) Notice 1997 (Amendment) Notice 1998, published as Legal Notice No. 191 of 1998,
Declaration of Change of Title (Secretary for Broadcasting, Culture and Sport) Notice 1998, published as Legal Notice No. 192 of 1998, and
Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1998 (L.N. 69 of 1998) (Commencement) Notice 1998, published as Legal Notice No. 193 of 1998,
and laid on the table of the Provisional Legislative Council on 25 March 1998, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1), as extended under section 34(3) thereof, be extended under section 34(4) thereof to the meeting of 15 July 1998.

3. Interpretation and General Clauses Ordinance

Dr Hon LEONG Che-hung :

Resolved that in relation to the Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 1998 (L.N. 96 of 1998) (Commencement) Notice 1998, published as Legal Notice No. 196 of 1998 and laid on the table of the Provisional Legislative Council on 1 April 1998, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1), as extended under section 34(3) thereof, be extended under section 34(4) thereof to the meeting of 15 July 1998.

4. Interpretation and General Clauses Ordinance

Dr Hon LEONG Che-hung :

Resolved that in relation to the Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (69 of 1997) (Commencement) Notice 1998, published as Legal Notice No. 199 of 1998 and laid on the table of the Provisional Legislative Council on 7 April 1998, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1), as extended under section 34(3) thereof, be extended under section 34(4) thereof to the meeting of 15 July 1998.

5. Resolution on "Timing of registration of interests by Members of the Legislative Council"

Dr Hon LEONG Che-hung : (Translation)

That pursuant to and for the purpose of Rule 83(1) of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region, every Member of the Legislative Council shall, not later than 24 July 1998, furnish to the Clerk to the Legislative Council particulars of his/her registrable interests in the form as set out in the Schedule, which has been approved by the President.

(Schedule to the resolution already circulated to Members under LC Paper No. CB(3) 38/98-99 on 6 July 1998 and under LC Paper No. CB(3) 50/98-99 on 7 July 1998)

6. Formation of Panels

Dr Hon LEONG Che-hung : (Translation)

(see motion at Appendix I)

7. The Legislative Council Commission Ordinance

Dr Hon LEONG Che-hung :

(see resolution at Appendix II)

8. Alleviating the hardship of people's livelihood

Hon CHAN Kam-lam : (Translation)

That, as Hong Kong has entered a period of economic adjustment, this Council urges the Government to face up to the serious impact of the continued economic downturn on people's livelihood and take the following immediate and effective measures to alleviate such hardship:

freeze the rents for public housing flats for one year across the board and reduce the rents for commercial premises in public housing estates by 30%;
reduce the petrol tax by 30%;
return 20% of the salaries tax and profits tax paid for the year 1996-97; and
establish a Social Welfare Services Development Fund to implement its commitments to social welfare services, and increase employment opportunities;
at the same time, the Government should also formulate a long-term industrial policy to advance Hong Kong's economic development.

Amendment to Hon CHAN Kam-lam's motion

Hon Mrs Selina CHOW : (Translation)

To add "and Government-owned commercial premises, including the wholesale food markets in Hong Kong and factory buildings," after "reduce the rents for commercial premises in public housing estates".

Public Officer to attend : Financial Secretary

9. Unemployment

Hon LEUNG Yiu-chung : (Translation)

That, in view of the continued rise in the unemployment rate to an all-time high in 15 years, this Council is of the view that, to ameliorate the unemployment situation in the territory in the long run, the Government must abandon its previous policy direction of blindly pursuing a 'bubble economy', and should actively develop local industries as well as high-technology and high value-added industries; furthermore, to help the hundreds of thousands of currently unemployed persons tide over these difficult times and re-join the labour market, this Council urges the Government to adopt the following measures immediately:

create more employment opportunities by increasing the manpower resources in the social services, medical and educational fields;
make immediate provisions for the creation of temporary posts and assist the unemployed in getting employment as soon as possible;
put a halt to the Supplementary Labour Scheme;
speed up the progress of infrastructural projects and promptly implement other planned transport and infrastructural projects;
introduce legislation to require employers to consult labour unions or employee representatives before resorting to layoffs, so as to reduce the number of people laid off as far as possible;
provide financial assistance to the unemployed; and
raise the amount of subsidy granted to participants in retraining programmes.

Public Officer to attend : Secretary for Education and Manpower

Clerk to the Legislative Council