A 98/99-42(1)

Legislative Council

Agenda
Wednesday 23 June 1999 at 2:30 pm

I. Papers

Subsidiary Legislation		L.N. No.
1.	Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) (No.3) Order 1999	154/99
2.	Declaration of Markets in the Urban Council Area (Amendment) (No.2) Declaration 1999	155/99
3.	Conservancy (Urban Council) (Amendment) Bylaw 1999	156/99
4.	Prevention of Bribery (Amendment) Ordinance 1999 (20 of 1999) (Commencement) Notice 1999	157/99

Sessional Papers

1. No. 130 -	Report of changes to the approved Estimates of Expenditure approved during the final quarter of 1998-99 (Public Finance Ordinance : Section 8)
(to be presented by Secretary for the Treasury)
2. No. 131 -	Statement of Accounts of the Customs and Excise Service Welfare Fund together with the Director of Audit's Report (1998-99)
(to be presented by Secretary for Trade and Industry)

Report

Report of the Bills Committee on Companies (Amendment) Bill 1999
(to be presented by Hon Albert HO, Chairman of the Bills Committee)

II. Questions

1. Hon Emily LAU to ask: (Translation)

It is reported that on 23 May this year a guest speaker was assaulted after attending the City Forum programme organized by Radio Television Hong Kong in Victoria Park. In this connection, will the Executive Authorities inform this Council of:

1. the number of speakers who were treated impolitely before, during and after the City Forum programme sessions, such as being punched, stoned and spat upon, in the past two years; and the number of such incidents investigated and that which resulted in prosecutions by the police, as well as the result of each case prosecuted; and

2. the measures in place to prevent the recurrence of similar incidents?

Public Officers to reply :

Secretary for Information Technology and Broadcasting Secretary for Security

2. Question withdrawn.

3. Hon CHENG Kai-nam to ask: (Translation)

It is reported that 63% of the areas in Guangdong Province has been marked by the relevant Mainland authorities as acid-rain control area. Besides, according to the results of tests conducted on the Mainland, acid rain accounts for more than 50% of the total rainfall in the Pearl River Delta Region. In other words, out of every 100 rainfalls, over 50 are acid rain. In this connection, will the Government inform this Council whether:

1. it knows if Hong Kong has been included in the acid-rain control area and the percentage of acid rain in the total rainfall in Hong Kong in each quarter of the past three years;

2. it has conducted any studies on the main causes of acid rain in Hong Kong and the reasons for the increasing frequency of acid rain; and

3. it has any plans and measures to deal with the problem of acid rain?

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

4. Hon Ambrose CHEUNG to ask: (Translation)

In recent years, Mainland China has become a major source of tourists visiting Hong Kong, and the tourists therefrom must obtain two-way exit permits issued by the relevant Mainland authorities before making their trips to Hong Kong. In this connection, will the Government inform this Council:

1. the number of two-way exit permits issued by the relevant Mainland authorities in each of the past three years; whether such figures exhibit an upward or downward trend; if so, whether it knows the reasons for that;

2. whether the daily numbers of tourists from the Mainland differ substantially before and after the delivery of judgments by the Court of Final Appeal on the right of abode in Hong Kong of persons born in the Mainland to Hong Kong permanent residents; if so, of these figures and whether it knows the reasons for the differences in the figures; whether it has requested the relevant Mainland authorities to tighten the criteria for vetting and approving such two-way exit permit applications after the delivery of judgements; and

3. whether it has assessed the number of persons who have the right of abode in Hong Kong according to the provisions of Article 24 of the Basic Law, among last year's tourists from the Mainland?

Public Officer to reply : Secretary for Security

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

Regarding the Ma On Shan to Tai Wai rail extension project for the East Rail, will the Government inform this Council:

1. of the total number of written submissions that it has received which objected to the relevant scheme or any part of it relating to the project, broken down by the types of views expressed; whether it has analysed such views; if so, the results of the analysis; and

2. of the measures that it will adopt to ensure that the residents along the alignment of the rail extension, which is designed to be a viaduct alignment, will not be affected by noise after the completion of the project?

Public Officer to reply : Secretary for Transport

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

The Financial Secretary and the relevant policy bureaux have set up a research group to conduct in-depth researches on the opportunities and implications for Hong Kong's economy upon China's accession to the World Trade Organization and liberalization of its market. In this connection, will the Government inform this Council of:

1. the number and the names of members of the research group;

2. the number of meetings held so far and the agenda of each meeting; and

3. the progress of the research, the expected time to complete the research report and the cost involved in the group's research work?

Public Officer to reply : Secretary for Trade and Industry

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

It is reported that in May 1999 the Family Planning Association of Hong Kong opened the first clinic for climacteric women in Hong Kong to provide services such as osteoporosis treatment and health screening. In this connection, will the Government inform this Council of:

1. the similarities and differences between the services provided by this clinic and those of the maternal and child health centres and woman health centres under the Department of Health, in tabular form;

2. the criteria adopted for planning health services for women, and whether it has any plan to provide more clinics for climacteric women, or include osteoporosis treatment in the services of woman health centres and maternal and child health centres; and

3. the reasons for its failure, up to now, to submit the paper on the review of health services for women, which, as indicated by the Secretary for Health and Welfare at the Legislative Council meeting on 27 January 1999, the Secretary hoped to submit to the Legislative Council Panel on Health for consideration within a month of the above meeting?

Public Officer to reply : Secretary for Health and Welfare

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

It is learnt that quite a number of transportation companies employ container truck drivers from the Mainland at lower wages to replace local truck drivers in undertaking cross-border transportation work. As a result, many local truck drivers are under threat of unemployment and wage cuts. In this connection, will the Government inform this Council:

1. whether it has formulated a policy and set a quota for the issuance of Hong Kong driving licences to such Mainlanders; if so, the details of them;

2. of the number of Hong Kong driving licences issued to such Mainlanders in each of the past three years;

3. of the current average daily number of cross-border trips made by Mainland container truck drivers holding such driving licences; and

4. whether it will consider suspending the issuance of such driving licences to Mainland truck drivers so as to protect the employment opportunities of and to ensure a reasonable amount of wages received by local truck drivers?

Public Officer to reply : Secretary for Transport

*9. Hon Ambrose CHEUNG to ask: (Translation)

The Hong Kong Special Administrative Region Government provided a loan of US$1 billion to the Thai Government during the Asian financial turmoil in 1997. Now that the economy of Thailand has obviously improved compared to what it was during the financial turmoil, will the Government inform this Council whether it will consider asking the Thai Government to make early repayment of the loan; if so, of the procedure to be taken; if not, the reasons for that?

Public Officer to reply : Secretary for Financial Services

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

Will the Government inform this Council of the respective amounts of guarantees and facilities in respect of the present bad-debt cases under the Special Finance Scheme for Small and Medium Enterprises, and the respective percentages of such figures in the cumulative guarantees and facilities?

Public Officer to reply : Secretary for Trade and Industry

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

It is reported that some of the business operators at a site in Mong Kok under the management of the Urban Services Department ("USD") have not accepted the compensation package offered by the relevant authorities and have refused to move out. As a result, a redevelopment project of the Land Development Corporation has been delayed for several years, and the Corporation has incurred financial losses. In this connection, will the Government inform this Council:

1. of the details of the compensation package; whether there is any plan to review the package; and

2. whether it has assessed if there is maladministration on the part of the USD in handling the above incident?

Public Officer to reply : Secretary for Home Affairs

*12. Hon LEE Wing-tat to ask: (Translation)

It is reported that Route 3 (CPS) Company Limited plans to make an early application to the Government for increases in Tai Lam Tunnel tolls as the traffic flow at the tunnel is lower than expected. In this connection, will the Government inform this Council:

1. of the policies and principles to be followed and the major considerations in deciding whether approval should be given to the company's application for toll increases;

2. given that the original estimates of traffic flow and annual net revenue made by the Government and the company are at variance with the actual situation due to changes in the economic environment, whether it will consider holding discussions with the company to review the projected traffic flow of Tai Lam Tunnel and adjust the estimated annual net revenue; and

3. as there is evidence that the original estimates of traffic flow and income are at variance with the actual situation, whether it has formulated contingency plans for dealing with the situation in which the company's income still falls short of the target and cannot meet its loan repayment even with the toll increases?

Public Officer to reply : Secretary for Transport

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

The industrial dispute occurring in an airline in Hong Kong has affected Hong Kong's trade and industry as well as tourism. In this connection, will the Government inform this Council whether:

1. it will formulate contingency measures to reduce the losses caused by industrial disputes to the economy of Hong Kong; if so, of the measures formulated; if not, the reasons for that; and

2. the key industries in Hong Kong, such as the aviation industry, may be required to have a certain proportion of local employees, so as to cultivate a sense of belonging among the employees of the industries concerned?

Public Officer to reply : Secretary for Education and Manpower

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

It is learnt that some countries allow drivers who have been convicted of careless driving but have not caused casualties to opt for safe driving training in lieu of fines or incurring penalty points under the driving-offence point system, so as to enhance their awareness of road safety. In this connection, will the Government inform this Council whether:

1. it knows the details of this measure adopted by some foreign countries; and

2. it will consider introducing such a measure and implementing a relevant pilot scheme; if not, the reasons for that?

Public Officer to reply : Secretary for Transport

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

It is learnt that the governments of the United States, Australia, Japan, Singapore and Thailand are actively promoting the development of broadband second-generation Internet. In this connection, will the Government inform this Council whether:

1. it will consider adopting measures to encourage the development of second-generation Internet in Hong Kong; if so, the details of these; if not, the reasons for that; and

2. it will consider providing funding to local universities and non-government organizations for conducting researches on the network technology for second-generation Internet; if so, the proposed procedure for making funding applications, if not, the reasons for that?

Public Officer to reply : Secretary for Information Technology and Broadcasting

*16. Dr Hon David LI to ask:

It is observed that the air pollution problem last winter was acute. In this connection, will the Government inform this Council of the actions it will take to alleviate the air pollution problem in the coming winter?

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

*17. Hon Christine LOH to ask:

Regarding the collection and disposal of used cooking oil and grease trap waste (collectively known as "the waste" below) in Hong Kong, will the Administration inform this Council of:

1. the quantity of the waste generated in Hong Kong in each of the past three years;

2. the proper collection and disposal procedure in respect of the waste;

3. the cost of disposing of each cubic metre of the waste at landfill;

4. the expected lifetime of the temporary landfill for the waste and its plans for a permanent facility;

5. the current number of licensed restaurants in Hong Kong, broken down by restaurant size and type of waste disposal facility;

6. the average cost of disposing of the waste generated by a restaurant in the urban area;

7. the current number of licensed collectors for the waste;

8. the quantity of the waste collected by licensed collectors in each of the past three years;

9. the methods used by the Environmental Protection Department for detecting illegal disposal of the waste;

10. the number of prosecutions instituted against licensed and unlicensed collectors in each of the past three years for illegal disposal of the waste; and

11. the costs of maintenance works on public sewers and storm drains caused by illegal dumping of the waste?

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

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

Senior citizens, irrespective of their financial position, are entitled to half-fare concessions when taking franchised buses and to half-price tickets for general cultural and entertainment programmes organized by the two provisional municipal councils. In this connection, will the Government inform this Council whether it will consider providing, for the elderly who are not recipients of Comprehensive Social Security Assistance, half-fee concessions or other forms of medical concessions and housing allowance for those who live alone; if not, the reasons for that?

Public Officer to reply: Secretary for Health and Welfare

*19. Hon Emily LAU to ask:

Regarding the award by local universities of honourary degrees to outstanding persons and the appointment of such persons as members of the governing councils, will the Executive Authorities inform this Council:

1. whether it knows if any such persons had made donations to the universities concerned in the 36 months prior to being awarded such degrees in the past three years; if so, the names of such persons and the amount of donation in each case;

2. whether it knows if any such awardees referred to in (a) above were subsequently appointed as members of the universities' governing councils or equivalent bodies; if so, the names of such persons; and

3. whether it has assessed if such persons referred to in (b) above are able to monitor the work of the universities concerned impartially?

Public Officer to reply : Secretary for Education and Manpower

* For written reply.

III. Bills

First Reading

1. Statute Law (Miscellaneous Provisions) Bill 1999
2. Customs and Excise Service Children's Education Trust Fund Bill
3. Lingnan University Bill
4. Adaptation of Laws (No.18) Bill 1999
5. Supplementary Appropriation (1998-99) Bill 1999

Second Reading (Debates to be adjourned)

1. Statute Law (Miscellaneous Provisions) Bill 1999	:	Secretary for Justice
2. Customs and Excise Service Children's Education Trust Fund Bill	:	Secretary for Trade and Industry
3. Lingnan University Bill	:	Secretary for Education and Manpower
4. Adaptation of Laws (No.18) Bill 1999	:	Secretary for Information Technology and Broadcasting
5. Supplementary Appropriation (1998-99) Bill 1999	:	Secretary for the Treasury

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

1. Companies (Amendment) Bill 1999	:	Secretary for Financial Services
2. Adaptation of Laws (No.7) Bill 1999	:	Secretary for Financial Services
3. Adaptation of Laws (No.14) Bill 1998	:	Secretary for Home Affairs
4. Adaptation of Laws (No.18) Bill 1998	:	Secretary for Home Affairs
5. Adaptation of Laws (No.14) Bill 1999	:	Secretary for Home Affairs

IV. Members' Motions

1. The Cox Report

Hon LAU Kong-wah: (Translation)

That this Council deeply regrets that the Cox Report, recently released by a special committee of the House of Representatives of the United States of America, made unsubstantiated accusations that China had stolen from the United States confidential information on military technology; these accusations involve the Hong Kong Special Administrative Region (HKSAR) and have seriously affected the trade relations between China (including Hong Kong) and the United States and the exchanges between the two peoples; at the same time, this Council supports the HKSAR Government's continuing to strictly enforce controls over the import and export of strategic commodities, and calls for the Mainland and Hong Kong to continue to actively promote cultural, technological, economic and academic exchanges with the people of the United States.

Amendment to Hon LAU Kong-wah's motion

Hon SIN Chung-kai: (Translation)

To delete "China had stolen" after "made unsubstantiated accusations that" and substitute with "Hong Kong had been used to steal and transfer"; to delete "; these accusations involve the Hong Kong Special Administrative Region (HKSAR) and have" and substitute with ", which may"; to delete "affected" after "seriously" and substitute with "affect"; to delete "China (including Hong Kong)" and substitute with "Hong Kong"; to delete "and the exchanges between the two peoples"; and to delete "calls for the Mainland and" and substitute with "urges the Government to vigorously explain to the overseas communities, particularly the United States Congress, the Import and Export Ordinance and stringent control measures in Hong Kong, and to make efforts to ensure that Hong Kong will continue to enjoy the relatively lenient controls, as compared with the Mainland, over the import and export of strategic commodities; this Council also encourages".

Public Officer to attend : Secretary for Trade and Industry

2. Enhancing Hong Kong's status as an aviation centre

Hon FUNG Chi-kin: (Translation)

That, in view of the great potential and competitiveness of the Hong Kong International Airport, this Council urges the Government to comprehensively review the existing civil aviation policy and the development strategies for related services, in accordance with Article 128 of the Basic Law which stipulates that "the Government of the Hong Kong Special Administrative Region shall provide conditions and take measures for the maintenance of the status of Hong Kong as a centre of international and regional aviation"; in the review, active consideration should be given to opening up the aviation market so as to explore new routes and provide more choices for the tourism and freight forwarding industries; the Government should also study vigorously the combined advantages offered by the new airport and the fine harbour in developing air and sea freight transhipment services; furthermore, the Government should seriously consider the aspirations of the industries and discuss with the Airport Authority, under the premise of ensuring high quality services and having regard to the present economic situation, the formulation of new long-term financial arrangements for the new airport and reduce its various operating costs and charges as far as possible, so as to ease the burden on the industries and promote the development of the tourism and other related service industries.

Amendment to Hon FUNG Chi-kin's motion

Hon Fred LI: (Translation)

To delete "active consideration should be given to opening up the aviation market so as to explore new routes and provide more choices for the tourism and freight forwarding industries" and substitute with "the Government should abolish the "one route, one airline" policy, open up the "fifth freedom" rights, introduce competition and provide consumers with more and better choices of flight services, so as to promote the development of the tourism and freight forwarding industries"; to delete "aspirations of" from "the Government should seriously consider the aspirations of" and substitute with "difficulties faced by"; to add "," after "the industries and"; to delete "discuss" from "discuss with the Airport Authority" and substitute with "in conjunction"; and to delete "under the premise of ensuring high quality services and having regard to the present economic situation, the formulation of new long-term financial arrangements for the new airport and reduce its various operating costs and charges as far as possible, so as to ease the burden on the industries and promote the development of the tourism and other related service industries" and substitute with "review the financial arrangements for the new airport and the various airport charges, so as to ensure that the new airport can provide high-quality services and maintain its competitive edge".

Hon MA Fung-kwok: (Translation)

To add ", in an open manner, encourage more Hong Kong-based operators to actively open new routes, fully utilize the new airport," after "the Government should"; to insert "suitably" before "open up the "fifth freedom" rights"; to delete "more and" after "provide consumers with"; to add "and promote Hong Kong as the hub of international commodity exchange and secure Hong Kong's status as the Asia-Pacific air freight forwarding centre, so as to support the policy of developing high-technology and high value-added industries in Hong Kong;" after "the tourism and freight forwarding industries;"; and to delete "the financial arrangements for the new airport and" after "review".

Public Officer to attend : Secretary for Economic Services

Clerk to the Legislative Council