A 98/99-32(1)

Legislative Council

Agenda
Wednesday 21 April 1999 at 2:30 pm

I. Papers

Subsidiary Legislation L.N. No.
1.Administrative Instructions for Regulating Admittance and Conduct of Persons (Amendment) Instructions 199991/99
2.Tax Reserve Certificates (Rate of Interest) (No.2)Notice 199992/99
3.Ma Shi Chau (Special Area) Order 199993/99
4.Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 4) Order 199994/99
5.Rectification of Errors Order 199995/99
6.Evidence (Amendment) Ordinance 1999 (2 of 1999) (Commencement) Notice 199996/99


Sessional Papers

1.No. 118-Report by the Commissioner of Correctional Services, Trustee of the Correctional Services Children's Education Trust for the period 1st September 1997 to 31st August 1998

(to be presented by Secretary for Security)

2.No. 119-Report No.32 of the Director of Audit on the results of value for money audits - March 1999

(to be presented by the President)

3.No. 120-Report of the Broadcasting Authority
September 1997 - August 1998

(to be presented by Secretary for Information Technology and Broadcasting)

4. No. 121-MTR Corporation
Annual Report 1998

(to be presented by Financial Secretary)

5.No. 122-Kowloon-Canton Railway Corporation
Annual Report 1998
(to be presented by Financial Secretary)


II. Questions

1. Hon CHAN Kam-lam to ask: (Translation)

At the end of last year, the Court of Final Appeal ruled, in respect of a case of conveyancing dispute, that the purchaser had the right to rescind the agreement as the vendor had failed to produce the Certificate of Compliance issued by the relevant authorities upon the request of the purchaser. In this connection, will the Government inform this Council of:
  1. the criteria for issuing a Certificate of Compliance;

  2. the respective numbers of residential buildings and estates which are already completed and occupied but have not been issued with Certificates of Compliance by the relevant authorities; the names of these buildings and estates; and

  3. the actions to be taken by the relevant authorities against the buildings and estates which are completed and occupied but have not yet been able to meet the requirements for the issuance of the Certificate of Compliance?
Public Officer to reply : Secretary for Planning, Environment and Lands

2. Hon SZETO Wah to ask: (Translation)

In the judicial review regarding the Po Toi O Village Representative Election, the High Court expressly stated that the election of a village representative was a public affair, and that the Election Rules adopted by the village were in breach of certain provisions of the Sex Discrimination Ordinance (Cap. 480). In this connection, will the Government inform this Council whether:

  1. it will consider enacting legislation to regulate the elections of village representatives, in order to ensure that the elections will be held in a fair, just and open manner; if so, the specific legislative timetable for that; if not, the reasons for that; and

  2. it knows if any investigations have been conducted by the Equal Opportunities Commission to ascertain if there is inequality in such elections, and if any publicity campaign has been launched by the Commission in respect of such elections; if so, the results of them; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

3. Hon Eric LI to ask: (Translation)

Will the Government inform this Council:

  1. whether it plans to take measures to accomplish the various programmes formulated by the two Provisional Municipal Councils ("PMCs") as far as possible before the expiry of their current terms of office; if so, of the specific timetable;

  2. whether it will prepare a list of those programmes which are expected to be uncompleted at the expiry of the current terms of PMCs; and

  3. whether it has assessed if the authorities concerned are obliged to perform those contracts which have been entered into before the expiry of the current terms of PMCs; and whether it will continue to implement the policies laid down by PMCs?
Public Officer to reply : Secretary for Constitutional Affairs

4. Hon Christine LOH to ask:

Will the Administration inform this Council if it knows whether the Hong Kong Housing Authority ("HA"):

  1. is aware that many people remove and throw away bathroom, kitchen, and other fixtures in new HA flats before moving in, so as to replace them with those of their own choices; if so, of the estimated quantity and total value of such disposed items in each of the past five years; and

  2. will consider making rules and regulations or adopting other measures to reduce such wastages; if so, the details of them?
Public Officer to reply : Secretary for Housing

5. Hon Cyd HO to ask:

Regarding the Consultant's Report on Culture, the Arts, Recreation and Sports Services, will the Government inform this Council of:

  1. the number of copies of the report published for the public;

  2. the avenues through which the report was made available to the general public; and

  3. the timetable and action plan to implement the recommendations of the report?
Public Officer to reply: Secretary for Home Affairs

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

Regarding the appointment of members of management committees of primary and secondary schools, will the Government inform this Council of:

  1. the respective numbers of persons who currently serve as managers for one, two to five, six to ten and over ten primary or secondary schools;

  2. the respective numbers of primary or secondary schools where there are representatives of parents or teachers serving as managers at present; the names of those schools; and

  3. the qualifications required for serving as managers of schools; the policy and criteria adopted by the Administration for approving applications for registration as managers of schools; whether it has any plans to review such policy and criteria?
Public Officer to reply : Secretary for Education and Manpower

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

Regarding the Native-speaking English Teachers ("NETs") Scheme launched this school year, will the Government inform this Council:

  1. whether it has conducted a survey on the number of NETs employed under the Scheme who plan to renew their contracts;

    1. if so, the details of that;

    2. if not, the reasons for that and whether it has any plan to conduct such a survey; if there is no such plan, the reasons for it;

  2. whether it has evaluated, in the event that the majority of NETs do not renew their contracts, the impact on teaching at schools as well as on the students;

  3. whether it knows if the NETs have encountered difficulties in teaching and in adapting to school life; if there are difficulties, the details of them; and

  4. whether it will review the Scheme and adopt measures to ensure that all qualified schools can recruit suitable NETs?
Public Officer to reply : Secretary for Education and Manpower

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

Will the Government inform this Council of:

  1. the number of complaints received by the Complaints Against Police Office about people being treated with violence by police officers during their detention at police stations in each of the past three years, and the number of substantiated cases; and

  2. the measures in place to prevent the occurrence of such incidents?
Public Officer to reply : Secretary for Security

*9. Hon David CHU to ask: (Translation)

It is reported that according to a survey, the rate of application for transfer in respect of Secondary 1 students was 12% on average in this school year, while such rate among Chinese middle schools' students was three times higher than that among their counterparts in Anglo-Chinese secondary schools. In this regard, will the Government inform this Council:

  1. of the number of Secondary 1 students allocated to Chinese middle schools who have applied for transfer to Anglo-Chinese secondary schools and the number of students acting vice versa since the beginning of this school year; the respective numbers of successful applications in each case; whether it knows the reasons for their applying for transfer; and

  2. of the policy and specific measures it will adopt to eliminate the general belief held by parents and students that it is more advantageous to study in Anglo-Chinese secondary schools than in Chinese middle schools?
Public Officer to reply : Secretary for Education and Manpower

*10. Hon CHAN Kwok-keung to ask: (Translation)

In its reply to questions raised in the Provisional Legislative Council on 1 April 1998, the Government said that it was considering a proposal to extend the scope of the Employment Ordinance (Cap. 57) to cover local seafarers working on Hong Kong registered vessels plying river trade routes, and undertook to introduce the necessary amendment bill into the Legislative Council in "the next session". In this connection, will the Government inform this Council whether:

  1. it still intends to introduce the relevant bill into this Council in the current session; if so, the timetable for that; if not, the reasons for that; and

  2. it has assessed the number of seafarers to be covered by the extension of the scope of the Ordinance?
Public Officer to reply: Secretary for Education and Manpower

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

In view of the public concern over the successive deaths of detainees in recent days, will the Government inform this Council whether action will be taken expeditiously to implement the recommmendations of the Report on Arrest, released by the Law Reform Commission in August 1992, to introduce into Hong Kong provisions on the questioning and treatment of persons held in police custody, similar to those of the United Kingdom's Police and Criminal Evidence Act 1984, so as to protect the rights of the detainees?

Public Officer to reply : Secretary for Security

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

Will the Government inform this Council of:

  1. the channels through which adolescents and children with psychiatric problems are referred to various psychiatric clinics for treatment at present;

  2. the number of such cases referred to each psychiatric clinic in the past year; and

  3. the current average waiting time in each psychiatric clinic before such patients receive their first diagnosis and treatment; whether there is a difference in the waiting time for the patients of various clinics; if so, the reasons for that?
Public Officer to reply : Secretary for Health and Welfare

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

I have received a complaint that the charges for the use of the venues in the Hong Kong Convention and Exhibition Centre ("HKCEC") are high; for example, as high as $16 800 were charged for the four-hour rental of a conference room. In this connection, will the Government inform this Council whether it will consider proposing to the management of HKCEC that it formulate measures to reduce or waive the venue charges for certain industrial and commercial promotional activities, so as to assist industrialists in developing business opportunities; if not, the reasons for that?

Public Officer to reply : Secretary for Trade and Industry

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

On 27 March 1999, a heavy crane at the Sai Kung Marine Police Base suddenly overturned while in operation, leading to the death of a marine police officer. In this connection, will the Government inform this Council:

  1. whether there is at present any legislation requiring operators to pass a skills test and obtain a licence before being qualified to operate that type of crane in question; if so, the details of that;

  2. whether the Administration have issued safety guidelines or codes of practice to people in the trade on the operation of such crane; and whether these guidelines or codes have specified the safe distance to be kept between the crane in operation and other non-operators; and

  3. whether Government departments are exempted from complying with the guidelines and codes; if so, the details and reasons for that?
Public Officer to reply : Secretary for Education and Manpower

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

It is reported that laser guns are used to detect the speed of vessels. In this connection, will the Government inform this Council:

  1. when the Administration started to use instruments to detect the speed of vessels; and of the reasons for using the instruments;

  2. of the categories of detection instruments used by the Administration at present and the principle of speed detection by such instruments;

  3. in respect of each type of vessels, of the number of speeding cases in which the drivers were prosecuted in the past year; of the extent (in nautical miles) to which the average speed of these vessels exceeded the stipulated speed limit; and of the average penalties imposed on those convicted; and

  4. how the existing legislation regulates the installation of speed indicators on vessels; whether there is a provision that these indicators should detect speeds accurately under different flow velocities; if not, the ways by which the drivers of vessels learn of the actual speed of their vessels?
Public Officer to reply : Secretary for Economic Services

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

In its reply to a question raised by this Council on 11 November 1998, the Government said that the consultancy study on Community Rehabilitation Network ("CRN") would be completed by the end of 1998, and that the consultancy report would be published once the Administration had examined it. In this connection, will the Government inform this Council:

  1. whether the consultancy study has already been completed; if not, of the expected date for its completion;

  2. when the Administration plans to publish the consultancy report; and

  3. whether the consultant has recommended the establishment of CRN centres in the New Territories;

    1. if so, whether the Administration will implement the recommendation; if it will, when those centres are expected to be set up; and

    2. if not, whether it knows the reasons for that?
Public Officer to reply : Secretary for Health and Welfare

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

It is reported that the Administration had commissioned Arthur Andersen and Company to conduct a study on the Cyberport project. In this connection, will the Government inform this Council:

  1. of the details of the study; and

  2. whether there is any plan to publish the report on the study; if not, the reasons for that?
Public Officer to reply: Secretary for Information Technology and Broadcasting

*18. Dr Hon David LI to ask:

It is reported that about 500 buyers of flats at The Pinnacle, a Sandwich Class Housing Scheme project in Tseung Kwan O, complained about the quality of the new flats to be taken over by them and the construction delays in the project. In this connection, will the Government inform this Council whether it knows if:

  1. similar problems on quality of flats and construction delays have been identified in other housing projects under the Scheme; and

  2. HKHS will step up its monitoring of the construction work of housing projects under the Scheme?
Public Officer to reply : Secretary for Housing

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

It is reported that during the preceding Easter holidays, quite a number of people going to the Mainland through the Lok Ma Chau Boundary Crossing were required to wait at Lok Ma Chau Public Transport Interchange for several hours before they could get on shuttle buses to travel to the Huanggang checkpoint. In this connection, will the Government inform this Council whether:

  1. there is any difference between the operating frequency of such shuttle bus service on weekdays and that on holidays; if so, the details of it;

  2. it knows the reasons for the travellers' having to wait for several hours during the above-mentioned holiday period before they could get on the shuttle buses; and of the improvement measures that the Administration will adopt to prevent the recurrence of such a situation; and

  3. consideration will be given to designating shuttle bus stations in the vicinity of the Sheung Shui Station of the Kowloon-Canton Railway, to provide shuttle bus service between Sheung Shui and the Huanggang checkpoint, so as to meet the demand of huge crowds of travellers for the Mainland; if not, the reasons for that?
Public Officer to reply : Secretary for Transport

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

It is reported that according to a medical survey, primary school students studying in industrial or old urban areas have chances of developing respiratory diseases which are two to three times higher than the chances of those studying in new towns. In this connection, will the Executive Authorities inform this Council:

  1. whether they know the details of the survey;

  2. whether the Administration has conducted any survey on the chances of primary school students studying in industrial or old urban areas developing respiratory diseases; if so, the details of that; and

  3. of the measures the Administration has in place to mitigate the effects of air pollution on the health of primary school students studying in such areas?
Public Officer to reply : Secretary for Planning, Environment and Lands

* For written reply.

III . Bills

First Reading

1. Adaptation of Laws (No.10) Bill 1999

2. Labour Tribunal (Amendment) Bill 1999

3. Small Claims Tribunal (Amendment) Bill 1999

4. Hong Kong War Memorial Pensions (Amendment) Bill 1999

5. Protection of Wages on Insolvency (Amendment) Bill 1999

6. Revenue Bill 1999

7. Organized and Serious Crimes (Amendment) Bill 1999

Second Reading (Debates to be adjourned)

1. Adaptation of Laws (No.10) Bill 1999:Chief Secretary for Administration
2.Labour Tribunal (Amendment) Bill 1999:Chief Secretary for Administration
3.Small Claims Tribunal (Amendment) Bill 1999:Chief Secretary for Administration
4.Hong Kong War Memorial Pensions (Amendment)Bill 1999:Secretary for Health and Welfare
5.Protection of Wages on Insolvency (Amendment) Bill 1999:Secretary for Education and Manpower
6.Revenue Bill 1999:Secretary for the Treasury
7.Organized and Serious Crimes (Amendment) Bill 1999:Secretary for Security


IV. Members' Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance

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

RESOLVED that in relation to the Securities (Dealers, Investment Advisers, Partnerships and Representatives) (Amendment) Rules 1999, published as Legal Notice No. 86 of 1999, and laid on the table of the Legislative Council on 31 March 1999, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 5 May 1999.

2. Proposed resolution under the Interpretation and General Clauses Ordinance

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

RESOLVED that in relation to the Public Revenue Protection (Revenue) Order 1999, published as Legal Notice No. 90 of 1999, and laid on the table of the Legislative Council on 31 March 1999, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 5 May 1999.

3. Establishment of a Culture Commission

Hon MA Fung-kwok: (Translation)

That this Council urges the Government to set up an independent and highly-transparent Culture Commission to formulate cultural policies, promote cultural development and take charge of resource allocations in this respect; its members should comprise individuals who are representative of the cultural and arts sectors, representatives of cultural and arts groups, professionals in the education field, representatives of councils, members of the public who are concerned about cultural development, and officials of relevant policy bureaux; an appropriations committee should be formed under the Commission to allocate funds to various arts groups and to cultural and arts activities organized by Government and non-Government organizations, and various management committees should also be formed to manage libraries, antiquities and monuments, museums, venues and facilities, as well as to coordinate cultural activities.

Amendment to Hon MA Fung-kwok's motion

Hon Ambrose CHEUNG: (Translation)

To delete "an independent and" after "That this Council urges the Government to set up" and substitute with ", within the framework of keeping one municipal council and one municipal services department, a".

Public Officer to attend: Secretary for Home Affairs

4. Convention on the Elimination of All Forms of Discrimination against Women
Hon Emily LAU:

That this Council urges the Administration to make every effort to implement expeditiously the numerous recommendations of the United Nations Committee on the Elimination of Discrimination against Women, contained in the Committee's concluding comments published after the hearing held on 2 February 1999 on the Initial Report on the Hong Kong Special Administrative Region under the Convention on the Elimination of All Forms of Discrimination against Women.

Public Officers to attend:Secretary for Health and Welfare
Secretary for Education and Manpower
Secretary for Home Affairs


Clerk to the Legislative Council