A 98/99-27(1)

Legislative Council

Agenda
Wednesday 10 February 1999 at 2:30 pm

I. Papers

Subsidiary Legislation L.N. No.
1.Air Pollution Control (Motor Vehicle Fuel) (Amendment) Regulation 199935/99
2.Census and Statistics (Survey of External Claims, Liabilities and Income) Order36/99
3.Animals and Plants (Protection of Endangered Species) (Exemption) (Amendment) Order 199937/99
4.Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 199938/99
5.Rules of the High Court (Amendment) Rules 199939/99
6.Pharmacy and Poisons (Amendment) (No. 2) Regulation 1998 (L.N. 22 of 1999) (Commencement) Notice 199940/99
7.Poisons List (Amendment) (No. 2) Regulation 1998 (L.N. 23 of 1999) (Commencement) Notice 199941/99
8.Census and Statistics (Quarterly Survey of Employment and Vacancies) (Amendment) Order 199942/99


Sessional Papers

1.No.91-Estimates of Revenue and Expenditure of the Provisional Regional Council for 1999/2000 together with a list of works which it proposes to undertake during 1999/2000

(to be presented by Secretary for Home Affairs)

2.No.92-Estimates of Revenue and Expenditure of the Provisional Urban Council for 1999/2000 together with a list of works which it proposes to undertake during 1999/2000

(to be presented by Secretary for Home Affairs)

3.No.93-Revised list of works of the Provisional Urban Council for the 1998/99 financial year (during the third quarter ended 31 December 1998)

(to be presented by Secretary for Home Affairs)

4.No.94-Report by the Commissioner of Correctional Services on the administration of the Prisoners' Welfare Fund for the year ended 31 March 1998

(to be presented by Secretary for Security)

5.No.95-Audited Statement of Accounts together with the Director of Audit's Report of the Sing Tao Foundation Students' Loan Fund for the year ended 31 August 1998

(to be presented by Secretary for Education and Manpower)

6.No.96- Audited Statement of Accounts together with the Director of Audit's Report of the Hong Kong Rotary Club Students' Loan Fund for the year ended 31 August 1998

(to be presented by Secretary for Education and Manpower)

7.No.97- Audited Statement of Accounts together with the Director of Audit's Report and Trustee's Report on the Administration of the Education Scholarships Fund for the year ended 31 August 1998

(to be presented by Secretary for Education and Manpower)

8.No.98-Audited Statement of Accounts of the Director of Social Welfare Incorporated together with the Director of Audit's Report for the year ended 31 March 1998

(to be presented by Secretary for Health and Welfare)

9.No.99- Report of the Public Accounts Committee on Report No. 30 of the Director of Audit on the Results of Value for Money Audits

(February 1999 - P.A.C. Report No. 30)
(to be presented by Hon Eric LI, who will address the Council)

10.No.100-Report of the Public Accounts Committee on the Reports of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 1998 and the Results of Value for Money Audits
(Report No. 31)
(February 1999 - P.A.C. Report No. 31)

(to be presented by Hon Eric LI, who will address the Council)


Reports

1. Report of the Bills Committee on Human Organ Transplant (Amendment) Bill 1999

(to be presented by Hon Ronald ARCULLI, Chairman of the Bills Committee )

2. Report of the Subcommittee on Ozone Layer Protection (Controlled Refrigerants) Regulation (Commencement) Notice 1998

(to be presented by Hon Ronald ARCULLI, Chairman of the Subcommittee, who will address the Council)

II. Questions

1. Hon Martin LEE to ask: (Translation)

With regard to the laws added to or deleted from Annex III to the Basic Law, will the Government inform this Council:
  1. of the number of times that laws have been added to or deleted from Annex III to the Basic Law since the passage of the Basic Law, and of the respective dates on which laws have been added or deleted, as well as the national laws involved;

  2. whether it knows the mechanism and procedure adopted by the Standing Committee of the National People's Congress ("NPC") for consulting the Committee for the Basic Law and the SAR Government before determining on the addition or deletion of any law; and whether it has considered referring to the relevant Panel of this Council for discussion issues on which the SAR Government is being consulted; and

  3. of the legal status in the territory of any supplementary provisions in respect of the national laws listed in Annex III to the Basic Law, such as the Explanations of Some Questions Concerning the Implementation of the Nationality Law of the People's Republic of China; whether it knows if, before an additional supplementary provision is endorsed by the Standing Committee of NPC, it is necessary to go through the relevant consultation procedure stated in Article 18 of the Basic Law, and if the additional supplementary provisions will be gazetted by the SAR Government?
Public Officer to reply : Secretary for Constitutional Affairs

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

With regard to the employment of medical graduates, will the Government inform this Council whether it knows:
  1. the employment situation of medical graduates of local or Commonwealth universities who are Hong Kong residents in each of the past three years; the number of last year's medical graduates who have not yet secured houseman posts;

  2. the number of doctor vacancies in the Hospital Authority compared to the number of medical graduates in each of the past three years, and to the expected number of medical graduates in each of the next two years; and

  3. the measures that it adopts to help medical graduates secure suitable jobs in the light of the Enhanced Productivity Programme implemented by the Hospital Authority?
Public Officer to reply : Secretary for Health and Welfare

3. Hon James TIEN to ask:

The Government has changed the visa-free visit period in the territory for nationals of India, Pakistan and Bangladesh from three months to 14 days since 18 January. In this connection, will the Government inform this Council:
  1. if there have been upward trends of the above people overstaying in Hong Kong or taking up illegal employment in recent years; if so, the details of them; if not, the justifications for making the decision to change the visa-free visit period; and

  2. whether it has assessed the impacts of this decision on the above people who come to Hong Kong for the purposes of visiting relatives, sight-seeing and doing business, as well as the impact on the economy of Hong Kong; if so, the details of them?
Public Officer to reply : Secretary for Security

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

Regarding a recent case of suspected sub-standard piles at a Tung Chung site of the Housing Department, will the Government inform this Council whether:
  1. the contractor and the subcontractor involved in the case have been asked to suspend works at the other Housing Department sites in which they participate; if not, the reasons for it;

  2. it has assessed how far the incident is related to the subcontracting of works by the contractor upon securing the contract, hence resulting in the final subcontractors carrying out the actual construction works by "adjusting the quality in accordance with the price"; and

  3. consideration will be given to enhancing the measures for monitoring the construction procedure at the Housing Department sites, including requiring the posting of a resident registered structural engineer on site, so as to ensure that the quality of works comply with the required standard?
Public Officer to reply : Secretary for Housing

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

It is reported that the amounts of carbon dioxide and bacteria in the air of the station concourses, platforms and train compartments of Mass Transit Railway ("MTR") exceed general standards, and the air quality in such places is worse than that in other public places. In this connection, will the Government inform this Council:
  1. whether it has assessed the impact of the above situation on the health of passengers, in particular those who have respiratory problems;

  2. whether it knows when the MTR Corporation began to adopt the existing standards of indoor air quality and of the details thereof; how such standards compare to the corresponding standards in other public places; and

  3. whether it will consider enacting legislation or making other arrangements so as to monitor the air quality in the station concourses, platforms and train compartments of MTR?
Public Officer to reply : Secretary for Planning, Environment and Lands

6. Hon Howard YOUNG to ask:

From 1 September 1998 onwards, air passenger departure tax is collected by airlines and their agents on behalf of the Government immediately upon the sale of air tickets. In this connection, will the Government inform this Council of:
  1. the measures it has taken to ensure the smooth operation of the new arrangement; and

  2. the procedure for passengers who are exempted from paying the tax, such as diplomats of foreign countries, to apply for refund of the departure tax paid in respect of air tickets bought in Hong Kong or overseas?
Public Officer to reply : Secretary for the Treasury

*7. Hon HUI Cheung-ching to ask: (Translation)

It is learnt that the Government makes payment of remuneration to civil servants through the Hongkong and Shanghai Banking Corporation Limited ("HSBC"). In this connection, will the Government inform this Council:
  1. of the total amount of remuneration paid to civil servants monthly at present; and

  2. in respect of those civil servants who withdraw their remuneration through their accounts with other banks, whether it knows if the date and time of such withdrawals lag behind those of their counterparts who are directly paid through HSBC accounts; if so, the reasons for such a discrepancy and the improvement measures to be taken?
Public Officer to reply : Secretary for the Treasury

*8. Hon Mrs Miriam LAU to ask: (Translation)

With regard to the implementation of the Smoky Vehicle Control Scheme, will the Government inform this Council of the respective numbers of the following in respect of each type of vehicles in each of the past three years:
  1. reports on excessive smoke emission received;

  2. fixed penalty tickets issued;

  3. examination orders issued;

  4. vehicles examined as required by the examination orders;

  5. repair orders issued; and

  6. vehicle licences suspended?
Public Officer to reply : Secretary for Planning, Environment and Lands

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

It is reported that among the China-affiliated companies which have recently run into financial difficulties, some of them are listed in the territory. In this connection, will the Government inform this Council whether it knows:
  1. if the relevant local regulatory bodies have plans to conduct joint investigations into the cases in conjunction with the relevant regulatory bodies on the mainland; and

  2. if these local bodies will review the relevant regulatory measures as well as how their co-operation with the relevant regulatory bodies on the mainland can be enhanced, so as to restore the confidence of investors?
Public Officer to reply : Secretary for Financial Services

*10. Hon SIN Chung-kai to ask:

In the reply to a question of the former Legislative Council on 13 November 1996, the Government said that it was formulating a revised procurement strategy and drawing up for departments' reference a short-list of Internet Service Providers ("ISPs"). In this connection, will the Government inform this Council:
  1. whether the revised strategy has been formulated; if so, the details of it; and

  2. whether the short-list of ISPs has been drawn up; if so, the criteria used in selecting ISPs; if not, the reasons for that?
Public Officer to reply : Secretary for Information Technology and Broadcasting

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

At present, passengers on the two overnight cross-harbour bus routes jointly operated by the Kowloon Motor Bus Company (1933) Limited ("KMB") and the New World First Bus Services Limited ("New World"), namely routes N121 and N122, are allowed to make free onward rides on other bus routes at the bus stops situated at the entrance and the exit of the Cross Harbour Tunnel on the Hung Hom side. However, it is reported that during the last successive Christmas and New Year holidays, KMB and New World had, on the excuse of maintaining order, charged passengers fares for making such onward rides on other routes. The two companies have indicated that such a measure will be put in place during holidays in the future. In this connection, will the Government inform this Council:
  1. whether it knows of:

    1. the justifications for the two bus companies charging such fares;

    2. the criteria adopted by the two bus companies in determining the rates of such fares;

    3. of the criteria adopted by the Administration in granting approval to the two companies for charging such fares;

    4. how the number of boardings on franchised buses during holidays compares to that on weekdays;

    5. whether it has assessed if franchised bus companies can use the same excuse and charge passengers for such fares during the morning and evening peak hours on weekdays; and

    6. whether it has assessed if the practice of charging such fares is contradictory to the Administration's policy of encouraging people to travel by public transport during holidays to alleviate traffic congestion?
Public Officer to reply : Secretary for Transport

*12. Hon WONG Yung-kan to ask: (Translation)

Will the Government inform this Council of:
  1. the number of incidents in the past three years in which Hong Kong-registered vessels were robbed by pirates while at sea;

  2. the number of casualties in these incidents, and the number of Hong Kong residents among such casualties;

  3. the waters in which these incidents occurred; and

  4. the measures adopted by the Administration to safeguard the personal safety and property of Hong Kong residents on vessels at sea?
Public Officer to reply : Secretary for Security

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

Will the Government inform this Council:
  1. of the total number of Government advisory committees members who are also members of provisional district boards; and

  2. whether it will consider appointing more provisional district boards members to these advisory committees; if so, whether it has estimated the number of such appointments for next year; if not, the reasons for it?
Public Officer to reply : Secretary for Home Affairs

*14. Dr Hon David LI to ask:

It is reported that almost one third of those unemployed people receiving Comprehensive Social Security Assistance ("CSSA") have been doing so for more than two years. In this connection, will the Government inform this Council whether it has assessed the effectiveness of the measures taken by the Labour Department and Employees Retraining Board to assist the unemployed CSSA recipients to find jobs?

Public Officer to reply : Secretary for Education and Manpower

*15. Hon Howard YOUNG to ask:

The study entitled "An Evaluation of the Need to Update the Service Professionalism of Hong Kong's Tour Co-ordinators", which was commissioned by the Hong Kong Association of Registered Tour Co-ordinators, has made several recommendations for upgrading the professionalism of tour co-ordinators. In this connection, will the Government inform this Council whether it will consider implementing the recommendations made in the study?

Public Officer to reply : Secretary for Economic Services

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

Will the Government inform this Council:
  1. of the total number of residential units in which fresh water is used for flushing because of the unavailability of sea water; and the number of village houses in the New Territories among them;

  2. of the percentage of such residential units to which sea water is not available, against the total number of residential units throughout the territory;

  3. of the reasons for unavailability of sea water for flushing in these residential units;

  4. how the relevant charges payable for using fresh water compare with those for using sea water for flushing in these residential units, when the latter is available; and

  5. whether it has any plans to provide these residential units, particularly village houses in the New Territories, with sea water for flushing; if so, the details of that; if not, the reasons for that?
Public Officer to reply : Secretary for Works

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

According to the statistics on the labour market recently released by the Government, the growth rate of the labour force was higher than that of the employment size, resulting in a rise in the unemployment rate. In this connection, will the Government inform this Council whether it has plans to consult the Central People's Government on allowing the Hong Kong Special Administrative Region Government to determine the criteria and to select skilled people from the Mainland for settlement in Hong Kong on One-way Exit Permit, to match Hong Kong's long-term economic development?

Public Officer to reply : Secretary for Security

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

Section 7 of the Education Regulations (Chapter 279, subsidiary legislation) provides that no part of any school premises shall be situated at a height of more than 24 meters above ground level. In this connection, will the Government inform this Council:
  1. of the reasons for imposing such a height restriction; and

  2. whether the Administration will consider relaxing the height restriction so that schools can increase the number of storeys and classrooms that can be built on school premises, in order to increase the intake of students; if not, the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

*19. Hon Christine LOH to ask:

Regarding the current and future air quality in Hong Kong, will the Administration inform this Council of:
  1. the respective estimated proportion of Respirable Suspended Particulates ("RSP") and Nitrogen Dioxide ("NO2") pollutants in the air, which originate outside Hong Kong;

  2. the respective projected average annual concentration levels of RSP and NO2 pollutants in the years 2005 and 2010, based on the current vehicle growth projections and vehicle emission standards to be implemented; and

  3. the target date for the annual average pollutant concentrations in all districts meeting the established Air Quality Objectives?
Public Officer to reply : Secretary for Planning, Environment and Lands

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

Will the Government inform this Council:
  1. of the current number of families all members of which are over the age of 60, among the families receiving the Comprehensive Social Security Assistance ("CSSA");

  2. whether the Social Welfare Department has laid down guidelines instructing front-line staff to take the initiative to brief those families on other available social welfare services, such as residential care services; if so, the details of such guidelines; if not, whether the Administration will consider formulating such guidelines; and

  3. whether the Social Security Branch of the Social Welfare Department has referred such cases for follow-up action by other branches within the Department, so as to ensure that these families are provided with comprehensive social welfare services; if so, of the number of referral cases in the past three years and other social welfare services received by such families as a result of such referral; if not, whether it will consider setting up such a referral mechanism?
Public Officer to reply : Secretary for Health and Welfare

* For written reply.

III. Bills

First Reading

1. International Organizations (Privileges and Immunities) Bill

2. Adaptation of Laws (No.3) Bill 1999

3. Adaptation of Laws (No.2) Bill 1999

4. Adaptation of Laws (No.4) Bill 1999

5. Disciplined Services Welfare Funds Legislation (Amendment) Bill 1999

Second Reading (Debates to be adjourned)

1.International Organizations (Privileges and Immunities) Bill :Chief Secretary for Administration

2.Adaptation of Laws (No.3) Bill 1999:Secretary for Housing

3.Adaptation of Laws (No.2) Bill 1999:Secretary for Education and Manpower

4.Adaptation of Laws (No.4) Bill 1999:Secretary for Works

5.Disciplined Services Welfare Funds Legislation (Amendment) Bill 1999:Secretary for Security


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

Human Organ Transplant (Amendment) Bill 1999:Secretary for Health and Welfare


IV. Members' Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon CHAN Kam-lam to move the following motion:

RESOLVED that the Electricity Ordinance (Cap. 406) (Commencement) Notice 1999 and Electrical Products (Safety) Regulation (Cap. 406 sub. leg.) (Commencement) Notice 1999, respectively published as Legal Notices Nos. 19 and 20 of 1999 and laid on the table of the Legislative Council on 27 January 1999, be repealed.

Public Officer to attend: Secretary for Economic Services

2. Promoting the economy

Hon SIN Chung-kai: (Translation)

That, in the face of Hong Kong's economic downturn, high unemployment rate and declining competitiveness, and with a view to restoring the momentum of Hong Kong's economic growth, this Council urges the Government to adopt the following measures to boost consumer spending, promote innovation and re-create talents:

1. draw up a deficit budget for the financial year 1999-2000;

2. rebate part of the salaries tax and profits tax received;

3. waive the rates for one quarter in 1999;

4. reduce the fees charged by Government-owned public utilities and freeze government charges;

5. improve the Special Finance Scheme for small and medium enterprises to ease their liquidity difficulties;

6. set up a 'start-up capital loan fund' to give impetus to the establishment of innovative enterprises and increase job opportunities;

7. encourage enterprises to provide on-the-job training for their employees by offering tax incentives for employee training; and

8. motivate young graduates to pursue further studies and enhance their own competitiveness by providing an incentive in the form of 'training vouchers'.

Amendments to Hon SIN Chung-kai's motion

1. Hon Christine LOH: (Translation)

To add "this Council urges the Government in formulating the upcoming budget, to use the occasion to provide short-term relief" after "That"; to add "by using the fiscal reserves wisely, to resume land sales from April 1999 and to discuss tax reform options that Hong Kong can consider in the medium term so that Hong Kong can lessen its public finance dependency on land sales and property related revenues, thereby putting Hong Kong's long-term public finance on a more stable base" after "in the face of Hong Kong's economic downturn"; and to delete ", high unemployment rate and declining competitiveness, and with a view to restoring the momentum of Hong Kong's economic growth, this Council urges the Government to adopt the following measures to boost consumer spending, promote innovation and re-create talents:

1. draw up a deficit budget for the financial year 1999-2000;

2. rebate part of the salaries tax and profits tax received;

3. waive the rates for one quarter in 1999;

4. reduce the fees charged by Government-owned public utilities and freeze government charges;

5. improve the Special Finance Scheme for small and medium enterprises to ease their liquidity difficulties;

6. set up a 'start-up capital loan fund' to give impetus to the establishment of innovative enterprises and increase job opportunities;

7. encourage enterprises to provide on-the-job training for their employees by offering tax incentives for employee training; and

8. motivate young graduates to pursue further studies and enhance their own competitiveness by providing an incentive in the form of 'training vouchers'".

2. Hon CHAN Kam-lam: (Translation)

To add "reduce the operating costs of enterprises," after "this Council urges the Government to adopt the following measures to ";"to add ", in the form of 'purchase vouchers'," after "2. rebate ";"to add "3. reduce fuel duty by 50% to lower the operating costs of the transport sector;"; to delete "3" from "3. waive the rates for one quarter in 1999" and substitute with "4"; to add "and lower the rates percentage charges to 3%" after "waive the rates for one quarter in 1999"; to delete "4" from "4. reduce the fees charged by Government-owned public utilities and freeze government charges;" and substitute with "5"; to delete "5" from "5. improve the Special Finance Scheme" and substitute with "6"; to insert "formulate a comprehensive policy to support small and medium enterprises, strengthen the role of the Small and Medium Enterprises Office, assist these enterprises in perfecting their management, opening up markets and developing products, and" before "improve the Special Finance Scheme for small and medium enterprises to ease their liquidity difficulties;"; to delete "6" from "6. set up a 'start-up capital loan fund'" and substitute with "7"; to add "to provide unsecured low-interest loans" after "set up a 'start-up capital loan fund'"; to delete "7" from "7. encourage enterprises to provide on-the-job training" and substitute with "8"; and to delete "8" from "8. motivate young graduates to pursue further studies" and substitute with "9".

Public Officer to attend : Financial Secretary

3. Prices of fuel

Hon Mrs Miriam LAU: (Translation)

That, in order that fuel prices can soon be reduced across the board and maintained at a reasonable level, this Council urges the Government to adopt comprehensive measures, including immediately reducing fuel duty, continuing to negotiate with oil companies for price reduction; lowering the land premium and rental costs of filling stations by granting more land designated for such stations; opening up the retail fuel market to introduce price competition; and, under the principle of not affecting commercial operations, encouraging oil companies to enhance the transparency in the determination of oil prices.

Amendment to Hon Mrs Miriam LAU's motion

Hon Fred LI: (Translation)

To delete ", in order that fuel prices can soon be reduced across the board and maintained at a reasonable level,"; to delete "adopt comprehensive measures, including"; to delete "reducing" and substitute with "reduce"; and to delete ", continuing to negotiate with oil companies for price reduction; lowering the land premium and rental costs of filling stations by granting more land designated for such stations; opening up the retail fuel market to introduce price competition; and, under the principle of not affecting commercial operations, encouraging oil companies to enhance the transparency in the determination of oil prices" and substitute with "so that fuel prices can be lowered and, in order to enhance the oil companies' transparency and accountability, to require these companies to consult the Energy Advisory Committee and brief the Legislative Council on price adjustments in future; this Council also requests the Competition Policy Advisory Group to expeditiously conduct a survey on the structure and mode of operation of the local fuel market, with a view to introducing appropriate legislation and measures to remove unfair competition among the oil companies, thereby bringing fuel prices back to a competitive level determined by the market".

Public Officer to attend : Secretary for Economic Services

Clerk to the Legislative Council