A 98/99-31(1)

Legislative Council

Agenda
Wednesday 31 March 1999 at 2:30 pm

I. Papers

Subsidiary Legislation L.N. No.
1.Schedule of Routes (Citybus Limited) Order 199978/99
2.Schedule of Routes (North Lantau and Chek Lap Kok Airport) (Citybus Limited) Order 199979/99
3.Schedule of Routes (Kowloon Motor Bus Company) Order 199980/99
4.Schedule of Routes (Long Win Bus Company Limited) Order 199981/99
5.Schedule of Routes (New Lantao Bus Company) Order 199982/99
6.Schedule of Routes (New World First Bus Services Limited) Order 199983/99
7.Film Censorship (Amendment) Regulation 1999 84/99
8.Merchant Shipping (Safety) (Carriage of Cargoes) (Amendment) Regulation 199985/99
9.Securities (Dealers, Investment Advisers, Partnerships and Representatives) (Amendment) Rules 1999 86/99
10.Nurses Registration (Amendment) Ordinance 1997 (82 of 1997) (Commencement) Notice 1999 87/99
11.Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1999 (L.N. 38 of 1999) (Commencement) Notice 199988/99
12.Rules of the High Court (Amendment) Rules 1999 (L.N. 39 of 1999) (Commencement) Notice 199989/99
13.Public Revenue Protection (Revenue) Order 1999 90/99


Sessional Papers

1.No. 111-Estimates for the year ending 31 March 2000
General Revenue Account
Summaries and Revenue Analysis by Heads and Subheads

(to be presented by Financial Secretary)

2.No. 112-Audited Statement of Accounts of the Language
Fund together with the Director of Audit's Report for the year ended 31 August 1998

(to be presented by Secretary for Education and Manpower)

3.No. 113-Legal Aid Services Council
Annual Report 1997-98

(to be presented by Chief Secretary for Administration)

4.No. 114-Securities and Futures Commission
Approved Estimates of Income and Expenditure for the financial year 1999/2000

(to be presented by Secretary for Financial Services)

5.No. 115-Report by the Commissioner of Police on the Police Children's Education Trust and the Police
Education and Welfare Trust for the period 1 April 1997 to 31 March 1998

(to be presented by Secretary for Security)

6.No. 116-Provisional Regional
Council Revised Estimates of Expenditure 1998/99

(to be presented by Secretary for Home Affairs)

7.No. 117-Revised list of works of the Provisional Regional Council for the 1998/99 financial year (during the third quarter ended 31 December 1998)

(to be presented by Secretary for Home Affairs)

Reports

1. Report of the Bills Committee on Adaptation of Laws (No.4) Bill 1998

(to be presented by Hon Andrew WONG, Chairman of the Bills Committee)

2. Report of the Bills Committee on Adaptation of Laws (No.6) Bill 1998 (to be presented by Hon Margaret NG, Chairman of the Bills Committee)

3. Report of the Bills Committee on Adaptation of Laws (No.2) Bill 1998

(to be presented by Hon Andrew WONG, Chairman of the Bills Committee)

4. Report of the Bills Committee on Adaptation of Laws (No.3) Bill 1998

(to be presented by Hon Margaret NG, Chairman of the Bills Committee)

IA. Addresses

Hon James TO and Secretary for the Treasury to address the Council on Tax Exemption (1997 Tax Year) Order, which is subsidiary legislation laid on the Table of the Council on 10 March 1999.

II. Questions for Written Replies

1. Dr Hon LEONG Che-hung to ask:

It is learnt that advertisements of non-tobacco products often feature leading characters smoking cigarettes or cigars. In view of the impacts of such advertisements on young people, will the Government inform this Council whether it will consider stipulating that such advertisements should include health warnings against smoking?

Public Officer to reply: Secretary for Health and Welfare

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

It is learnt that at the end of 1997, the overall vacant area of private flatted factories in Hong Kong was 1800 square metres or about 10% of stock. In this connection, will the Government inform this Council whether:

  1. it will consider exempting vacant factory units from the payment of Government rent and rates to reduce the operating costs of the business sector; if it will, the details of that; if not, the reasons for that; and

  2. it plans to rezone the land for industrial building use in the urban area to residential use; if so, the details of that; if not, the reasons for that?
Public Officer to reply : Secretary for Planning, Environment and Lands

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

Will the Government inform this Council whether policy bureaux or departments have been asked to submit, within designated time-frames, plans on streamlining working procedures and cutting down expenses in respect of various projects; if so:

  1. of the total number of such plans prepared by policy bureaux and departments in the past two years;

  2. of the effectiveness of such plans and their projected expenditures; the number of completed projects which expenditures exceeded the projected amounts; and

  3. of the department responsible for conducting a value-for-money assessment for such projects, as well as an assessment on the effectiveness of those plans as a whole?
Public Officer to reply : Secretary for the Treasury

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

With regard to the millennium celebrations, will the Government inform this Council:

  1. whether it has plans to issue commemorative gold coins and stamps as well as other commemorative items; if so, the estimated income; if not, the reasons for that; and

  2. of the details of the estimated revenue and expenditure for the various festivities announced on the 12th of this month?
Public Officer to reply : Secretary for Home Affairs

5. Hon Christine LOH to ask:

With regard to the use of duty-not-paid fuels by vehicles, will the Government inform this Council:

  1. in respect of each type of fuel used by vehicles in 1997 and 1998 respectively,

    1. of the quantity sold;

    2. based on the Hong Kong Energy End-use Data compiled by the Electrical and Mechanical Services Department and other relevant information, of the quantity that should have been consumed by vehicles;

    3. how the difference in quantities in (i) and (ii) above compares to the quantity of duty-not-paid fuels seized by the authorities;

    4. of the estimated loss in duty in view of the difference in quantities in (i) and (ii) above; and

  2. of the number of persons prosecuted for smuggling or selling duty-not-paid fuels in 1997 and 1998 respectively?
Public Officer to reply : Secretary for the Treasury

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

It is reported that according to the findings of a medical study, people infected with Helicobacter pylori have higher risks of developing gastric cancer, and more than half of the population of Hong Kong are infected with this bacteria. In this connection, will the Government inform this Council whether gastric cancer is more commonly found in Hong Kong than in the western countries; if so, whether it knows the reasons for that, and how that phenomenon relates to the following living habits of Hong Kong people:

  1. using chopsticks at meals; and

  2. the fast pace of life?
Public Officer to reply : Secretary for Health and Welfare

7. Hon Emily LAU to ask: (Translation)

Regarding the performance of the governing bodies of the various tertiary institutions funded by the University Grants Committee in carrying out their duties, will the Executive Authorities inform this Council whether:

  1. they know the respective numbers of meetings held by the various governing bodies and the respective average attendance rates of their members last year;

  2. they know how members of the governing bodies learn of their terms of reference; and

  3. they have assessed if the governing bodies have effectively fulfilled their role in supervising the work of the management of these bodies; if so, of the results of the assessment?
Public Officer to reply : Secretary for Education and Manpower

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

With regard to the Government Office Automation Programme undertaken with funding approved by the Finance Committee of this Council, will the Government inform this Council:
  1. of the total number of projects that have been implemented for over a year under this Programme in the past two years; among them, the projects that were unable to attain the pre-set targets in cutting down expenses, and the reasons for that;

  2. if it plans to assess whether those automation projects already implemented can attain the saving targets and submit the assessment report to this Council; and

  3. whether it plans to carry out a value-for-money assessment on the automation projects already implemented; if so, the responsible department for making the assessment; if not, the reasons for that?
Public Officer to reply : Secretary for Information Technology and Broadcasting

9. Hon Christine LOH to ask:

In view of the court judgment on 2 March this year that a company which operated a paging service centre in an industrial building was not breaking the conditions of the relevant land lease, will the Administration inform this Council:
  1. whether it has assessed the long-term impacts of the court judgment on the use of industrial buildings in Hong Kong; if so, the details of it;

  2. of the actions it will take to encourage the redevelopment of industrial buildings for the use of the information technology industry;

  3. of the actions it will take to encourage the information technology industry to operate in industrial buildings rather than in specialized locations such as science parks; and

  4. whether it has assessed if existing vacant accommodation in industrial buildings can meet the need of the information technology industry; if there is enough accommodation, whether it will reassess the need to proceed with the proposed Cyberport project?
Public Officer to reply : Secretary for Planning, Environment and Lands

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

In its replies to the questions raised by this Council on 16 December 1998 and 20 January 1999, the Government said that the Mass Transit Railway ("MTR") Corporation had plans to install retro-fitting platform screen doors on all platforms of underground stations, and that the Corporation was carrying out studies into the technical aspects of the installation programme for such screen doors. In this connection, will the Government inform this Council whether it knows:

  1. the findings of the above-mentioned studies carried out by the Corporation, and the technical problems inherent in the installation of retro-fitting platform screen doors;

  2. if the Corporation has drawn up a priority list for the installation of screen doors at various stations; if such a list has been drawn up, the criteria adopted in prioritizing the stations; if not, the reasons for that; and

  3. apart from installing retro-fitting platform screen doors on the platforms of MTR stations, the measures that will be adopted by the Corporation to safeguard the safety of passengers?
Public Officer to reply : Secretary for Transport

11. Hon Emily LAU to ask: (Translation)

Will the Executive Authorities inform this Council of the number of former civil servants in the Education Department appointed to the post of principal or other senior posts in aided secondary and primary schools upon retirement in each of the past five years; whether it has assessed if such appointments will give rise to any potential conflict of interest, and whether they will have any effect on the Education Department in discharging its functions in supervising the schools concerned?

Public Officer to reply: Secretary for Education and Manpower

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

In order to alleviate the air pollution problem in Hong Kong, the replacement of diesel-powered buses by electric trolley buses has been suggested. In this connection, will the Government inform this Council whether:

  1. it has conducted a study on the feasibility of introducing electric trolley buses into Hong Kong and the effectiveness of such a measure in alleviating the air pollution problem; if so, the details of that; and

  2. it knows how the air pollution problem has been alleviated in various metropolises in the world after their introduction of electric trolley buses; if so, the details of that?
Public Officer to reply : Secretary for Planning, Environment and Lands

13. Hon Cyd HO to ask: (Translation)

The Court of First Instance of the High Court ruled on the 12th of this month that, in accordance with the provisions of the Basic Law and the relevant international covenant on civil rights, non-indigenous inhabitants living in the Po Toi O Village in Sai Kung should have the right to vote in the election of village representatives. In this connection, will the Government inform this Council of the follow-up actions it will take or has taken in respect of the arrangements for the election of village representatives in the New Territories?

Public Officer to reply : Secretary for Home Affairs

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

It is reported that in order to prevent the breeding of mosquitoes and insects, over the past six months the relevant authorities have been spraying insecticide on the rivers in the vicinity of the new airport and felling trees along those rivers. In this connection, will the Government inform this Council:

  1. of the details of these actions taken by the relevant authorities;

  2. whether the relevant authorities had informed the Environmental Protection Department before they took such actions; if so, the response of the Environmental Protection Department; if not, the reasons for that; and

  3. whether it has assessed the ecological impact of these actions; if so, the details of that; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

15. Hon Andrew CHENG to ask: (Translation)

With regard to the rules for qualifying as voters and candidates in village representative elections adopted by various villages in the New Territories, will the Government inform this Council:

  1. of the rules currently adopted by Po Toi O Village in Sai Kung, Ho Sheung Heung Village in Sheung Shui, Tai Kei Leng in Shap Pat Heung, and Wing Lung Wai and Tai Hong Wai in Kam Tin; and

  2. of the villages adopting rules that are different from those laid down in the relevant guidelines issued by the Heung Yee Kuk at present; the details of such differences; whether it has assessed if such rules are in breach of those provisions stipulated in the Basic Law and the laws of Hong Kong which safeguard the citizens' equal opportunities and rights to participate in political affairs; where such rules are assessed to be in breach of the relevant laws, whether the Government would hence refuse or has already refused to endorse the results of such elections; if it has refused such endorsement, the details of that?
Public Officer to reply : Secretary for Home Affairs

16. Hon David CHU to ask: (Translation)

It is reported that gambling activities on the Internet have become increasingly popular recently. In this regard, will the Government inform this Council:

  1. whether it has surveyed the total number of web sites where gambling activities are available; the number of such sites that are based in Hong Kong;

  2. of the number of investigation cases undertaken by the relevant authority in respect of gambling conducted on the Internet in the past year; the number of people who have been prosecuted for participating in such gambling activities; the total amount of money involved; and

  3. the measures it will adopt to tackle the problem of Hong Kong people participating in gambling activities on foreign web sites?
Public Officer to reply : Secretary for Home Affairs

17. Hon Michael HO to ask: (Translation)

Will the Government inform this Council:

  1. whether it knows:

    1. the number of operations performed by doctors on patients in various private hospitals last year; and among them, the respective numbers of those performed by resident doctors, those performed by private medical practitioners and those jointly performed by both; as well as the respective numbers of resident doctors and private medical practitioners involved;

    2. the relationship between private hospitals and private medical practitioners performing operations on patients in such hospitals, and whether licensees of private hospitals are required to assume responsibility for any medical incidents arising from the provision of medical services by private medical practitioners in the private hospitals; and

    3. of the duty and responsibility of private hospitals in handling in-patients' complaints about the medical services provided by private medical practitioners in the hospitals; and

  2. how the relevant authorities regulate the medical services provided by private medical practitioners in private hospitals?
Public Officer to reply: Secretary for Health and Welfare

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

In its reply to a question raised by this Council on 2 December last year, the Government said that the report on the implementation of the International Covenant on Economic, Social and Cultural Rights ("the Covenant") in the Hong Kong Special Administrative Region ("HKSAR") would be completed in early February this year. In this connection, will the Government inform this Council:

  1. whether the Administration has completed the report; if not, of its present progress and the reasons for failing to complete the report on schedule;

  2. of the total number of submissions that the Administration has received to date from the public on the implementation of the Covenant in HKSAR; whether it will release a summary of the public's views and indicate those parts of the report which have incorporated such views; and

  3. whether the Administration will consider submitting the draft report to this Council for scrutiny and amendment before submitting the final version to the relevant United Nations organizations; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

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

It is reported that sexual assaults (including sexual harassment) occur from time to time on the campuses of various tertiary institutions. In this connection, will the Government inform this Council whether it knows:

  1. the number of sexual assaults in various compuses and broken down by tertiary institutions, in each of the past three years; of the number of such cases which were handed over to the police and the number of proven culprits; the number of students in the institutions concerned among the proven culprits;

  2. the standing mechanism the tertiary institutions have put in place for handling such cases; the disciplinary actions that the institutions concerned have taken against those students proven to be culprits; and

  3. how the Equal Opportunities Commission offers assistance to both the institutions and victims in relation to sexual assaults in campuses?
Public Officer to reply : Secretary for Education and Manpower

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

Regarding the establishment of the Urban Renewal Authority, will the Government inform this Council:

  1. of the timetable for preparatory work for the setting up of the Authority;

  2. whether it plans to launch a public consultation exercise on matters such as the terms of reference of the Authority, its organizational structure and the composition of its board; if not, the reason for that; and

  3. of the date it plans to introduce into this Council the bill governing the Authority's establishment and operation?
Public Officer to reply : Secretary for Planning, Environment and Lands

III . Bills

First Reading

1. Prevention of Bribery (Amendment) Bill 1999

2. Administration of Justice (Miscellaneous Provisions) Bill 1999

3. Adaptation of Laws (No.8) Bill 1999

4. Adaptation of Laws (No.9) Bill 1999

5. Securities (Margin Financing) (Amendment) Bill 1999

6. Merchant Shipping (Local Vessels) Bill

7. Shipping and Port Control (Amendment) Bill 1999

8. Merchant Shipping (Prevention and Control of Pollution) (Amendment) Bill 1999

Second Reading (Debates to be adjourned)

1.Prevention of Bribery (Amendment) Bill 1999:Chief Secretary for Administration
2.Administration of Justice (Miscellaneous Provisions) Bill 1999:Chief Secretary for Administration
3.Adaptation of Laws (No.8) Bill 1999:Secretary for Planning, Environment and Lands
4.Adaptation of Laws (No.9) Bill 1999:Secretary for Transport
5.Securities (Margin Financing) (Amendment) Bill 1999:Secretary for Financial Services
6.Merchant Shipping (Local Vessels) Bill:Secretary for Economic Services
7.Shipping and Port Control (Amendment) Bill 1999:Secretary for Economic Services
8.Merchant Shipping (Prevention and Control of Pollution) (Amendment) Bill 1999:Secretary for Economic Services


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

1. Appropriation Bill 1999 : Financial Secretary

Proposed resolution under Rule 69(3) of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region

Hon James TO to move the following motion:

RESOLVED that head 122 be reduced by $106,152,000 in respect of subhead 103.

2. Adaptation of Laws (No.4) Bill 1998:Secretary for Justice
3.Adaptation of Laws (No.6) Bill 1998:Secretary for the Treasury
4.Adaptation of Laws (No.2) Bill 1998:Secretary for Security
5.Adaptation of Laws (No.3) Bill 1998:Secretary for Security


Clerk to the Legislative Council