A 98/99-25(1)

Legislative Council

Agenda
Wednesday 27 January 1999 at 2:30 pm

I. Papers

	Subsidiary Legislation	L.N. No.
1.	Fisheries Protection (Amendment) Regulation 1999	15/99
2.	Prevention of Bribery Ordinance (Amendment of Schedule) Order 1999	16/99
3.	Electricity Ordinance (Cap.406) (Commencement) Notice 1999	19/99
4.	Electrical Products (Safety) Regulation (Cap. 406 Sub. Leg.) (Commencement) Notice 1999	20/99

Sessional Paper

No.86	-	Report of changes to the approved Estimates of Expenditure approved during the second quarter of 1998-99 Public Finance Ordinance : Section 8
(to be presented by Secretary for the Treasury)

Reports

1. Report of the Bills Committee on Immigration (Amendment) (No.2) Bill 1998

(to be presented by Hon James TO, Chairman of the Bills Committee)

2. Report of the Select Committee to inquire into the circumstances leading to the problems surrounding the commencement of the operation of the new Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and related issues

(to be presented by Hon Mrs Selina CHOW, Chairman of the Select Committee who will address the Council)

II. Questions

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

The Government had indicated that the review of the services provided by woman health centres and maternal and child health centres was expected to be completed by autumn last year. In this connection, will the Government inform this Council:

1. of the current progress of the review; when the findings of the review will be released;
   
   
2. of the issues covered by the review; whether such issues include studying if the age limit of clients should be lowered, and if the scope of services should be expanded; if so, of the findings and recommendations in respect of these two issues; if not, the reasons for that; and
   
   
3. whether it has any plan to combine the woman health centres and maternal and child health centres into woman and child health centres; if not, the reasons for that?

Public Officer to reply : Secretary for Health and Welfare

2. Hon Fred LI to ask: (Translation)

In connection with the implementation of the Smoking (Public Health) (Amendment) Ordinance 1997, will the Government inform this Council:

1. of the measures that the Administration has adopted to enforce the provisions of the Ordinance since it came into operation;
   
   
2. whether the Administration has taken the initiative to inspect the no-smoking areas newly designated by the Ordinance; if so, of the places that the Administration has inspected and the number of inspections that have been made; if not, the reasons for that; and
   
   
3. of the respective numbers of persons given warnings or prosecuted for contravening the provisions of the Ordinance?

Public Officer to reply : Secretary for Health and Welfare

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

Last year, in reply to my question on police officers receiving psychological treatment, the Government said that the authorities concerned would direct a full review of the management of police officers who encounter psychological problems, and vigorously promote a healthy life-style for police officers through a variety of activities such as sports, recreation, and health-related seminars. In this connection, will the Government inform this Council:

1. of the current progress of the review;
   
   
2. when the review is expected to be completed; and
   
   
3. of the criteria used in assessing the effectiveness of the various activities provided to relieve police officers of psychological pressure arising from law enforcement duties?

Public Officer to reply : Secretary for Security

4. Hon CHOY So-yuk to ask: (Translation)

To ensure that Hong Kong's economy will not be seriously damaged due to the failure to solve the Year-2000 Compliance problem (commonly called the "Millennium Bug problem") in various computer systems before 1 January next year, will the Government inform this Council whether it will consider additionally designating a working day between October and December this year as a public holiday, and coordinate various organizations in both public and private sectors (including financial institutions, enterprises and government departments) in the territory to conduct coordinated tests on their computer systems on that day?

Public Officers to reply:

Secretary for Education and Manpower Secretary for Information Technology and Broadcasting

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

It is reported that Type A Influenza H3N2 virus is spreading rampantly in the northeast of the Mainland and it is forecast that the relevant influenza cases will spread to Hong Kong during the Lunar New Year period. In this connection, will the Government inform this Council:

1. of the mechanism currently in place for the authorities to monitor the influenza cases, and of the public and private medical institutions involved in the monitoring mechanism; how this monitoring mechanism compares to the one set up during the peak period of avian influenza infection for monitoring such cases; and whether it plans to set up a task force to monitor the spreading of this strain of influenza virus;
   
   
2. of the effect of this strain of influenza virus on the human body, and of the specific measures that the Administration will adopt to prevent relevant diseases from spreading in Hong Kong; and
   
   
3. whether it will consider stepping up its publicity efforts to advise members of the public on how to avoid being infected; if so, the details of that?

Public Officer to reply : Secretary for Health and Welfare

6. Hon Howard YOUNG to ask:

Will the Government inform this Council whether the Immigration Department has given advice to SAR passport holders, in response to their enquiries, on how to apply for visit visas to countries which have not set up consulates in Hong Kong; if so, of the advice the Immigration Department has given to these persons?

Public Officer to reply : Secretary for Security

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

As the road works undertaken by various government departments and public utility companies for laying underground pipelines and cables etc. are often progressing slowly, thereby adversely affecting Hong Kong's cityscape and traffic movements, will the Government inform this Council whether it will consider inviting the Hong Kong Productivity Council to conduct investigations into the causes of delays in such works and make recommendations for improving the project arrangements?

Public Officer to reply : Secretary for Works

*8. Dr Hon LEONG Che-hung to ask:

In the reply to a question on organ donation asked in the former Legislative Council on 30 January 1991, the then Secretary for Health and Welfare pledged that "the Administration has accepted the idea of an opting-out system as a long term goal", and that "the immediate task... is to draw up an action plan" including "legislation, allocation of resources, training of staff, administrative arrangements and, not least, a lengthy period of public education". In this connection, will the Government inform this Council whether it is still working towards such goal; if so, the action plan that has been drawn up as promised; if not, the point in time and the reasons for backtracking from the goal?

Public Officer to reply: Secretary for Health and Welfare

*9. Hon Michael HO to ask: (Translation)

It is learnt that seminars on the findings of the consultancy study on financing of the Hong Kong health care services were held between the consultant concerned and the Hospital Authority before the submission of the consultancy report to the Government. In this connection, will the Government inform this Council whether:

1. it knows why only a small number of people within the profession have been invited to attend the seminars; and
   
   
2. it plans to hold public seminars after the publication of the consultancy report and invite the consultant to provide a briefing and to answer questions on the report at the seminars; if not, the reasons for that?

Public Officer to reply : Secretary for Health and Welfare

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

With regard to the hearing care services provided to students, will the Government inform this Council:

1. whether, apart from giving hearing tests to all Primary One students at present, it provides such tests for primary and secondary school students in the regular medical examination conducted every year; if it does, what the sense of hearing of students in Hong Kong is, as indicated in the results of those hearing tests in the past three years; if not, the reasons for not providing such tests and whether they are related to administrative, technical and financial difficulties; and
   
   
2. of the departments from which students can seek help if they are suspected to have hearing problems; the services provided by such departments on the hearing problems of those students; the total number of assistance-seeking cases received by those departments, and the respective numbers of students who have been provided with the necessary services and who have been confirmed to have hearing problems in the past three years?

Public Officer to reply : Secretary for Health and Welfare

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

As the Government has indicated in its Information Technology (IT) Strategy "Digital 21" that over two-thirds of all new IT projects in the Government would be outsourced, will the Government inform this Council, in the selection of contractors for such IT projects:

1. of the criteria that will be adopted;
   
   
2. how it ensures that both local and overseas registered companies will have fair opportunities to participate in those projects;
   
   
3. whether it will consider requiring the appointed contractors to adopt measures to promote the transfer from foreign countries of those information technologies which Hong Kong lacks; and
   
   
4. whether it will consider following the practice of other countries whereby a certain proportion of such IT projects will be open to tender by small and medium sized enterprises only?

Public Officer to reply : Secretary for Information Technology and Broadcasting

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

In respect of the operation of the Language Fund, will the Government inform this Council whether it knows:

1. the total number of projects which have been supported by provisions from the Language Fund granted since the establishment of the Fund; please give details of the parties receiving such provisions according to their organizational types (such as tertiary institutions, secondary schools, primary schools, professional bodies and business enterprises); and the total amount involved in funding these projects;
   
   
2. the number of projects classified by the nature of projects (such as academic research, teaching activities and the use of language) for each organizational type of projects in (a) above; and
   
   
3. the criteria used in deciding which applications should be given priority?

Public Officer to reply : Secretary for Education and Manpower

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

Since the 1998 school year, secondary schools adopting Chinese as the medium of instruction have been provided with a grant for recruiting 2 additional English teachers. In this connection, will the Government inform this Council:

1. of the respective numbers of schools which have recruited the required number of qualified English teachers and those which have not;
   
   
2. whether it is aware of any school which has recruited English teachers who do not meet the prescribed qualifications; if so, of the number of such schools and the reasons for it; and
   
   
3. whether it knows if schools have encountered difficulties in implementing this scheme; if so, the details of them and the measures the Administration has in place to help schools overcome the difficulties?

Public Officer to reply : Secretary for Education and Manpower

*14. Hon Christine LOH to ask:

I have received reports that a number of social organizations had their charitable body status removed by the Administration. In this connection, will the Administration inform this Council:

1. whether it has changed the qualifying criteria for charitable bodies;
   
   
2. which and how government bureaux and departments are involved in the assessment of charitable bodies;
   
   
3. of those organizations that had their charitable body status removed in the last two years and the basis for removing such status;
   
   
4. of the number of charitable bodies currently being reassessed for their status; and
   
   
5. whether it has assessed how the reassessment will benefit the Administration and the community?

Public Officer to reply : Secretary for the Treasury

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

Regarding the promotion of the use of information technology ("IT") in primary and secondary education, will the Government inform this Council whether:

1. it has assessed the quality of computer software currently used for teaching purposes and identified the areas in such software which require improvement; and
   
   
2. the Education Department has considered encouraging pilot schools to share with other schools their experience in the application of IT in education, as well as the contents of the improved curriculum and other information; if it has, the details of the consideration and whether the relevant information will be uploaded onto the Internet; if not, the reasons for that?

Public Officer to reply : Secretary for Education and Manpower

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

In respect of the assessment of non-local courses for study in Hong Kong, will the Government inform this Council:

1. whether it knows:
   
   
   1. if the Hong Kong Council for Academic Accreditation ("HKCAA") conducts assessment on such courses only upon the request of the Registrar of Non-local Courses;
      
      
   2. the criteria adopted by the HKCAA in assessing such courses;
      
      
   3. how the results of assessments are released by the HKCAA;
      
      
   4. if the public can obtain information on the assessment results of such courses from the HKCAA; if so, of the relevant procedures and fees; if not, the reason for that; and
   
   
   
2. whether it will consider requiring the inclusion of the HKCAA's assessment results on such courses in their advertisement for recruiting students; if so, of the specific plans; if not, the reason for that?

Public Officer to reply : Secretary for Education and Manpower

*17. Hon SIN Chung-kai to ask:

Trading of securities on the Internet is becoming common in developed countries. In this connection, will the Government inform this Council:

1. whether it knows of the initiatives that have been taken by the relevant authorities to promote the trading of securities on the Internet;
   
   
2. whether it knows of the measures that have been taken by such relevant authorities to ensure information security in respect of such trading activities; and
   
   
3. whether there are specific rules and regulations governing the trading of securities on the Internet and protecting the investors' rights; if not, whether it will consider formulating such rules and regulations?

Public Officer to reply : Secretary for Financial Services

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

On 7 January this year, a serious traffic accident involving a container truck and a van occurred on the Texaco Road Flyover in Tsuen Wan, resulting in five deaths and one injury. In this connection, will the Government inform this Council:

1. if it has assessed whether the design of the flyover concerned is in compliance with safety standards;
   
   
2. if it has assessed whether the flyover concerned and connecting road sections have clear and adequate signage to facilitate motorists in recognising the directions of traffic;
   
   
3. of the number of existing dual-way two-lane flyovers in the territory, and how the number of traffic accidents on such type of flyovers in the past three years compares with the numbers of traffic accidents on other types of flyovers; and
   
   
4. if it has assessed whether the chances of casualties can be reduced in accidents if passengers in the rear seats of vans wear seat belts; if the chances can be reduced, whether the Administration will consider amending the relevant legislation to require passengers in the rear seats of vans to wear seat belts?

Public Officer to reply : Secretary for Transport

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

It is learnt that the Customs and Excise Department ("the Department") has recently stepped up its efforts in inspecting the belongings brought into the territory by travellers at various border control points with a view to curbing the importation of trade mark counterfeiting goods (commonly known as "counterfeit goods"). In this connection, will the Government inform this Council:

1. of the criteria adopted by the Department for determining whether the belongings brought into the territory by travellers are for personal use or commercial purposes;
   
   
2. of the quantity and estimated total value of suspected counterfeit goods seized by the Department during the past two months, as well as the respective numbers of persons prosecuted and convicted as a result of its enforcement actions; and
   
   
3. whether it will review the adequacy of existing legislation in curbing the importation of counterfeit goods; if it will not review, why not?

Public Officer to reply : Secretary for Trade and Industry

*20. Hon Emily LAU to ask:

It is learnt that there is a 10% allowance for expansion ("expansion factor") in calculating the space requirement for new government offices. In this connection, will the Government inform this Council:

1. of the background and rationale for setting such expansion factor;
   
   
2. whether the percentage for such expansion factor should be revised in view of the 5% productivity gain as pledged in the Government's Enhanced Productivity Programme; and
   
   
3. whether it will consider revising downwards such percentage or abolishing such a practice?

Public Officer to reply : Secretary for the Treasury

* For written reply.

III. Bills

First Reading

1. Adaptation of Laws Bill 1999

2. Factories and Industrial Undertakings (Amendment) Bill 1999

3. Electricity (Amendment) Bill 1999

4. Firearms and Ammunition (Amendment) Bill 1999 (Second Reading (Debates to be adjourned)

1. Adaptation of Laws Bill 1999	:	Secretary for Health and Welfare
2.Factories and Industrial Undertakings (Amendment) Bill 1999	:	Secretary for Education and Manpower
3.Electricity (Amendment) Bill 1999	:	Secretary for Economic Services
4.Firearms and Ammunition (Amendment) Bill 1999	:	Secretary for Security

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

1. Marriage (Certificate of Absence of Marriage Record) Bill 1998	:	Secretary for Security
2.Immigration (Amendment) (No.2) Bill 1998	:	Secretary for Security

IV. Motions

Proposed resolution under the Pharmacy and Poisons Ordinance

Secretary for Health and Welfare to move the following motion:

RESOLVED that the following Regulations, made by the Pharmacy and Poisons Board on 22 December 1998, be approved -

1. the Pharmacy and Poisons (Amendment) (No.2) Regulation 1998; and
   
   
2. the Poisons List (Amendment) (No.2) Regulation 1998.

V. Members' Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon Ronald ARCULLI to move the following motion:

RESOLVED that in relation to the Ozone Layer Protection (Controlled Refrigerants) Regulation (Cap. 403 sub. leg.) (Commencement) Notice 1998, published as Legal Notice No. 391 of 1998, and laid on the table of the Legislative Council on 6 January 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 10 February 1999.

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

2. South East Kowloon Development

Hon Christine LOH:

That this Council urges the Government to withdraw the proposal for the development of South East Kowloon, which requires excessive reclamation and will irreversibly destroy an important part of Hong Kong's natural heritage but fails to maximize the use of the waterfront or provide an environmentally sustainable transport infrastructure; and in view of the fact that the proposal has been drawn up behind closed doors with no meaningful public consultation, this Council further urges the Government to undertake a thorough consultation process with a view to formulating a plan which is both visionary and sustainable and providing livable communities to meet the public's 21st century expectations; in the meantime, the Government should expedite the process of urban renewal in the northern part of the site in recognition of the urgent public housing needs and to provide the space required for resettling the residents displaced in the process of redeveloping some of the other older parts of Kowloon.

Amendments to Hon Christine LOH's motion

1. Hon James TO:

To delete "withdraw" and substitute with "revise"; to delete "in view of the fact that the proposal has been drawn up behind closed doors with no meaningful public consultation,"; and to delete "undertake a thorough consultation process with a view to formulating a plan which is both visionary and sustainable and providing livable communities to meet the public's 21st century expectations; in the meantime, the Government should".

2. Hon TSANG Yok-sing:

To delete "withdraw" and substitute with "revise"; to delete "which requires excessive reclamation and will irreversibly destroy an important part of Hong Kong's natural heritage but fails to maximize the use of the waterfront or provide an environmentally sustainable transport infrastructure; and in view of the fact that the proposal has been drawn up behind closed doors with no meaningful public consultation, this Council further urges the Government to"; to delete ith a view to formulating" and substitute with "and formulate"; to delete roviding" and substitute with "seeks to provide"; to add "the area to be reclaimed under the plan should be reduced to protect the harbour's resources;" after "the public's 21st century expectations;"; to delete "in the meantime,"; to delete "expedite the process of" and substitute with "also carry out"; to add "expeditiously" after "urban renewal"; and to add "; at the same time, there must be a comprehensive railway development programme to ensure that the construction of the railway network synchronizes with the development of the area" after "the other older parts of Kowloon".

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

3. Anti-monopolization

Hon LEE Wing-tat: (Translation)

That, as the Government vetoed the proposal for enacting a fair competition law in 1997 and set up the Competition Policy Advisory Group instead, but the Group has failed to put forward any measure to deal with unfair competition in various sectors such as energy, freight services, telecommunications, broadcasting and banking, thereby seriously impairing the interests of industrial and commercial enterprises and the public, this Council urges the Government to expeditiously enact a fair competition law and remove the unfair market barriers, so as to encourage enterprises to innovate and promote consumers' rights and interests.

Public Officer to attend : Secretary for Trade and Industry

Clerk to the Legislative Council