For Discussion
8 March 1999


AIM

This paper attaches the Consultation Report on the New Administrative Framework for Culture, the Arts, Recreation and Sports Services (Consultation Report) prepared by the Home Affairs Bureau for Members' discussion.

PUBLIC CONSULTATION

2. The Home Affairs Bureau conducted a public consultation exercise during November and December last year on the new administrative framework for culture, the arts, recreation and sports services. The arrangement and the outcome of the consultation are detailed in the Consultation Report attached.

3. A copy of the Consultation Report will be given to those who gave their opinions on the matter during the consultation period. The Consultation Report will also be made available to other cultural, arts, sports and recreation organisations and interested individuals upon request.

4. The Consultancy Report prepared by our consultant, Mr Albert C C LAM has been received by The Home Affairs Bureau. When studying the Consultancy Report, the public opinions obtained during the consultation period will also be taken into account.


Home Affairs Bureau
4 March 1999

Table of Contents	Page
Background	1
Arrangements on the Consultation of the New Framework	3
Opinions of major Cultural and Arts Organisations	4
Opinions of major Sports Organisations	5
Opinions expressed in the Five Open Forums	6
Written Submissions	8
Opinions of the LegCo Panel on Home Affairs	10
Opinions of the two Provisional Municipal Councils	10
Opinions of the Provisional District Board Members	11
Opinions expressed through other channels	12
Summary of the Outcome of the Consultation	12
Conclusion	15
List of Appendices	16
Appendices A to S

Background

In June 1998, the Constitutional Affairs Bureau (CAB) published the consultation document "Review of District Organisations" with a view to seek public opinions on the functions and framework of the Provisional Urban Council, the Provisional Regional Council and the Provisional District Boards. In October the same year, the CAB published the Consultation Report on the Review of District Organisations, pointing out that there was consensus in the community with regard to the food safety and environmental hygiene services, and considered that the relevant duties of all the different Bureaux, Departments and the two Provisional Municipal Councils should be centralised and undertaken by the government.

2. With regard to arts, culture, sports and recreation, the following problems were mostly concerned by the personnel in the fields during the consultation period :-

1. the overlapping of responsibilities and the lacking of coordination among the two Provisional Municipal Councils, the relevant government agencies and the statutory bodies;
   
   
2. the discontent over the policies of the two Provisional Municipal Councils regarding venue planning and management, and funding of arts and sports organisations; and
   
   
3. the lack of a unified policy in the existing framework, resulting in an uneven distribution of resources, thus obstructing the promotion and development of arts and sports.

Many submissions urged the government to undertake a reform to better promote arts and sports development within the new framework. It was suggested that two territory-wide agencies, one responsible for arts and culture and the other for sports and recreation should be set up while others opined that the Hong Kong Arts Development Council (ADC) and Hong Kong Sports Development Board (SDB) should be strengthened or re-frameworked to raise their efficiency and accountability. Quite a number of submissions supported the dissolution of the two Provisional Municipal Councils and the transference of their functions to government departments or other institutions. There were also opinions in favour of merging the two Provisional Municipal Councils into a single territory-wide Council of smaller scale, responsible for arts, culture, sports and recreation. (Extracts of the Consultation Report on the Review of District Organisations at Appendix A.)

3. Having studied the outcome of the consultation exercise detailed above and the experience of some overseas countries, the government considers that the problems of the overlapping of responsibilities and the fragmentation of resources among various agencies could not be solved if a Municipal Council is retained although with less functions. We need a new framework which can :-

1. promote the involvement of both professionals and members of the community;
   
   
2. ensure the effective use of resources; and
   
   
3. facilitate the formulation and implementation of an overall arts and sports policy.

Arrangements on the Consultation of the New Framework

4. In the Policy Address delivered in October last year, the Chief Executive stated that there was no need to retain the two Provisional Municipal Councils after the terms of office of their members expire at the end of 1999. The government would discuss with the ADC, SDB and relevant individuals to set up a new administrative framework to undertake the services on culture, arts, recreation and sports. After finalising the details, the new framework can be formally established before the end of 1999 (Extracts of the Policy Address at Appendix B).

5. The Home Affairs Bureau (HAB) immediately arranged a new round of consultation in November and December last year. During the consultation period, we attended formal meetings held by major culture, recreation and sports organisations with a view to collect their opinions.

6. Five open forums were organised by HAB, with the first one focused on the framework on culture and arts and the second one on recreation and sports. The other three forums were held at districts namely Wan Chai, Tai Po and Sham Shui Po to discuss matters on culture, arts, recreation and sports. Apart from inviting public participation through newspaper advertisements (Appendix C refers), l,500 letters were sent out to invite relevant bodies and parties to attend the forums . There were about 600 people attending, the responses of which are very encouraging.

7. On the other hand, we were invited to attend the related meetings held by the Panel on Home Affairs of the Legislative Council and the two Provisional Municipal Councils. Besides, we also received some 50 submissions by institutions and individuals.

8. Comments received through the above various channels are summarised below.

Opinions of major Cultural and Arts Organisations

9. At the meeting of the Council of the Hong Kong Academy for Performing Arts (APA) held on 19 November, members were of the opinion that the authority and responsibility of the APA stipulated in the existing ordinance and its present administrative relationship with the government (especially the funding allocation) could remain unchanged under the new framework. There were also members suggesting to enhance the cultural and arts education for primary and secondary schools to nourish the appreciation of arts and culture from the root of society.

10. A proposal was submitted to CAB in early July last year by the ADC (Appendix D refers), suggesting the establishment of a statutory body to formulate an overall arts policy to allocate resources, and to ensure coordinations among various organisations which implement the same unified policy. In another meeting of the ADC on 26 November, a number of members supplemented their opinions on the new framework. They opined that the new framework should improve and expand on the basis of the existing system; individual members of the new framework should be concerned with the overall development of arts and culture rather than the interests of their own sector; the new framework should facilitate the formulation of a far-sighted cultural and arts policy, and so forth.

11. At the Supervisory Panel Meeting on 30 November 1998, the Hong Kong Arts Centre informed that they would coordinate with other individual arts organisations and through the special forum held by the Business For Arts to submit a paper of agreement to the HAB (Appendix E refers).

12. The Antiquities Advisory Board (AAB) submitted their written comments on the Review of District Organisations (Appendix F refers) to the CAB, in which it supported the dissolution of the two Provisional Municipal Councils, and that their culture and arts functions should be transferred to a new policy bureau with its executive department. The AAB opined that the museums of the two Municipal Councils should be amalgamated with the Heritage Resource Centre of the Antiquities and Monuments Office of the HAB. Furthermore, a new 'Cultural Heritage Bureau' should be established. At its meeting on 10 December 1998, the AAB discussed the new framework and supplemented that: the new framework should improve the overall resource allocation for the museums and heritage preservation; to enhance the back-up of the current legislation in heritage preservation, and to develop Hong Kong into a professional heritage conservation and archaeology training centre in the region.

Opinions of the major Sports Organisations

13. The Amateur Sports Federation and Olympic Committee of Hong Kong, China (the Committee) had submitted a proposal (Appendix G refers) to the CAB on 30 July 1998. We had also attended the special forum held by the Committee on the new framework on 23 November. There were nine participants in the forum, who shared their experience in the development of individual sports associations and expressed their views on the new framework. In general, the Committee hoped that the government, apart from allocating additional resources for the overall development in sports, should also establish a good partnership with the sports circles and to actively promote Hong Kong's participation in international events. The Committee also hoped that individual sports associations can have their own training venues. Besides, it also suggested that a new high-level body should be set up to coordinate the sports development in Hong Kong and that the SDB should be responsible for the execution of the duties.

14. The SDB had submitted a proposal (Appendix H refers) to the CAB on 28 July 1998. We had also attended the special meeting of the SDB on 25 November. In the meeting, many members expressed their views on the relationship between the SDB and the Committee. With regard to the new framework, it was opined that the SDB should focus on the promotion of sports instead of merely taking over the recreational facilities from the two Municipal Councils. There were also suggestions that the sports culture should be cultivated at the primary and secondary school levels, and that the sports facilities of the schools should be fully utilised. After this meeting, the SDB had written to the HAB on 9 December to provide additional comments which include : the sports facilities should be allocated to the 'National' Sports Associations (NSA) for training purpose, there is no need to set up a high-level body to coordinate sports development, and there should be a clear division of work between the SDB and the new department in the future to avoid overlapping of responsibilities.

Opinions expressed in the Five Open Forums

15. In the morning of 14 November, an open forum was held in the Drama Theatre of the Hong Kong Academy for Performing Arts, in which 240 people attended and that the responses were very encouraging. A total number of 31 persons expressed their opinions (Record of their remarks at Appendix I). In general, major opinions on the new framework of culture and the arts include : setting up a streamlined framework with strong professional representation; requesting a fair and effective allocation of resources; strengthening the education on arts; improving the management of venues; putting more emphases on traditional arts by the government; formulating a comprehensive policy on culture with a view to convert Hong Kong into a metropolis of culture; and suggesting the government to conduct more in-depth and systematic consultations in this regard.

16. Another forum was held at the Lecture Theatre of the Sports House of the Hong Kong Sports Development Board in the morning of 21 November with an attendance of about 120, among which 18 persons expressed their opinions (Record of remarks at Appendix J). Major opinions on the new framework of recreation and sports include : the new framework should be broadly represented (especially with representation from the NSA); the resources should be better allocated to benefit a wider scope (for instance the disabled, schools and items which have not been subsidized before, such as Chinese chess and Mu-Lan Quan etc.); and providing better venue facilities for sports activities.

17. Three district forums were held in Wan Chai, Tai Po and Sham Shui Po in the evenings of 27 November, and 4 and 11 December respectively. Responses were encouraging with a total attendance of 230 for the three forums (among the participants, many came from district arts advancement associations and district sports associations). About 50 persons in all spoke at the three forums (Record of remarks at Appendix K). In brief, the majority of opinion favoured the setting up of a special department by the government to be responsible for culture, recreation and sports, strengthening the training at the grass root level, and allotting more resources to the district level, particularly resources for their administration and the using of venues. There were also opinions requesting for stronger representation from district culture, recreation and sports organisations and professionals in the new framework. Apart from these, there were requests that the government should arrive at a decision on the new framework and the related arrangements as soon as possible.

Written Submissions

18. A press release was issued on 3 November and newspaper advertisements were published on 10 November to invite written submissions from members of the public to the HAB by 15 December. Including a few correspondences received by the end of January this year, a total of 55 written submissions were received.

19. Among the written submissions, 22 came from cultural and arts organisations or focused mainly on the framework of arts and culture (Extracts of the views at Appendix L). In general, the majority of opinions favoured the establishment of a special organisation to be responsible for coordinating and formulating an overall strategy on cultural development to ensure a better allocation of resources. There were other opinions, however, which supported the retention of the ADC in the new framework, and to continue with the current 5-year development plan of the two Municipal Councils to ensure a smooth transition after the dissolution of the two Municipal Councils. With regard to the role of the government, there were opinions that the government should not be solely responsible for the formulation of cultural policy. On the contrary, it should be made open to the professionals in the field of culture and the public for more participation in the formulation of policies and the management of cultural facilities to ensure the freedom on the creation and expression of arts. As for the funding support given by the government, some arts organisations hoped that the government would not reduce their existing subsidy level, and that different performing groups should be treated equally in their application for funds. With regard to the development of arts and culture, it was generally agreed that a long-term cultural policy had to be formulated in Hong Kong, and that arts education should be strengthened in schools. There were also suggestions that the government should pay more attention to the Chinese traditional arts, and consider to corporatise and privatise services such as libraries and museums.

20. There are 12 written submissions which are either from the sports organisations or opinions which concern mainly the framework of recreation and sports services (Extracts of the submissions at Appendix M). The majority opinion supported that the government should be more concerned of the training at basic level and in schools to ensure that there will be sufficient talent for elite development in future. It was opined that the government should provide additional assistance to the NSA in the management of venues. However, there were also criticisms that there were overlapping and redundancy in the posts in the recreation and sports sections of the two municipal services departments. Some opined that the membership composition of the SDB can be expanded and that it could be made responsible for supervision of recreation and sports activities in the territory.

21. 11 submissions were received from unions and individual government staff members (Submissions extracted at Appendix N). The majority of opinions are in favour of the setting up of a territory-wide consultative framework with wide representation responsible for the formulation of overall policies. However, the executive tasks should be taken up by government departments. Besides, it is considered that the current cultural, recreational and sports services have been operating satisfactorily. Steady progress should be the premise of any reforms to avoid unnecessary turbulence and to minimise the impact on incumbent staff.

22. We have received two written submissions from political parties (Appendix O refers). In the Proposal on Cultural Policies and Administrative Framework dated 13 December, the Frontier suggested the setting up of a Culture Bureau responsible for overall cultural affairs and the formulation of cultural policies. Staff responsible for arts and culture in the two municipal services departments should be transferred to the new Department of Cultural Affairs to form an executive arm. The ADC could be retained and co-exist with the new Culture Bureau. On the other hand, the Citizens Party proposed in its submission dated 15 December the establishment, by the government, of the posts of Commissioner of Arts and Commissioner of Sports to be filled by non-civil servants who would be responsible for arts and culture, and sports and recreation respectively. The government should also strengthen education on arts and sports, and corporatise or privatise culture, sports and recreational facilities.

23. We have also received 8 submissions from individuals (Appendix P refers). The predominant view supports the establishment of a new administrative framework to enhance coordination and effective use of resources. There are also opinions which emphasize a stable transition.

Opinions of the LegCo Panel on Home Affairs

24. At its meeting on 12 October1998, the Panel resolved to set up a "Working Group on the Long-term Cultural Policy" to follow up on the new administrative framework of culture and the arts. The Working Group held a meeting on 26 November 1998 to discuss the administrative framework of the culture and arts in overseas countries and the outcome of consultation by HAB. It requested the government to brief it on the consultation results and the framework to be put forward.

Opinions of the two Provisional Municipal Councils

25. We attended upon invitation the Provisional Regional Council's meeting on 26 November 1998, in which 14 Councillors voiced their opinions on the issue (Minutes of meeting at Appendix Q). Stressing that the existing cultural and recreational services of the two municipal councils were fine, several Councillors called into question the motive and sincerity of the consultation. With regard to arts, one of the councillors remarked that the involvement of the professionals and local personalities was essential in any framework to ensure the freedom of arts and expression as well as pluralistic development. It was also suggested that training for sports at the basic level should be enhanced. Finally, the following motion was adopted with 17 votes of support and 17 votes of abstention :-

"(the PRC) strongly requests the government, by means of merging and direct election, to set up a municipal council responsible for the formulation of policies on culture, arts, recreation and sports, and management of the facilities concerned."

26. We also attended on invitation the Provisional Urban Council's meeting on 15 December 1998, in which a total of 9 Councillors commented on the issue (Minutes of meeting at Appendix R). Many of them criticized the HAB for not providing sufficient information for discussion. The stance of the two municipal councils, which is "one council and one department" was emphasized and reiterated. One of the Councillors proposed that HAB should hold another round of systematic consultation before coming up with a new framework.

Opinions of the Provisional District Board Members

27. We have written to members of the Provisional District Boards inviting them to attend our open forums. It was estimated that a total of 50 members attended the forums at the districts, among which 15 members had taken the floor (Relevant record at Appendix K). Apart from this, we attended, on invitation, the meeting of the Sham Shui Po Provisional District Board held on 7 January this year. One of the board members requested a more systematic and comprehensive consultation exercise (Minutes of meeting at Appendix S).

Opinions expressed through other channels

28. We have attended various forums and paid special attention to the articles in newspapers in the past few months. In general, the majority opinions considered the establishment of a new framework would be a turning point to the long-term development of Hong Kong's culture. Some even suggested development models for cultural services such as libraries and museums services.

29. In November last year, the HAB commissioned Mr Albert C C LAM as the consultant to study and to make recommendations regarding the new framework. Some organisations as well as individuals in the fields of culture, arts, recreation and sports have expressed their opinions to Mr LAM through interviews or written submissions.

Summary of the Outcome of the Consultation

30. The consultation has met with a gratifying response from the public (in particular the arts and culture, and recreation and sports circles). The number of people attended our open forums was remarkably high, which was in fact unmatched by forums of similar nature held recently. More importantly, this consultation exercise was very different from the consultation exercise in the review of district organisations held last year in a way that people expressed their views more on the operation and their expectations of the new framework rather than on the inadequacy of the existing structure. Some of the opinions are in fact very forward-looking. After careful study of the opinions, we consider the new framework for arts, culture, sports and recreation should be formulated based on the following common understanding.

(a) The New Executive Body

31. Apart from the two Municipal Councils, the majority of opinions favoured the establishment of a new department to take over the provision of arts, culture, sports and recreation which is currently performed by the two Municipal Councils. Based on this concensus, the consultation, therefore, should focus on whether a single department or two separate ones should be established to be responsible for arts and culture, and recreation and sports respectively, whether the new department should be headed by a government official, and whether the HAB or a new bureau to perform as the policy bureau of the new department. Due consideration would be given to the opinions put forward in the Consultation Report followed by an indepth study of the whole issue.

(b) The Government's Role under the New Framework

32. With regard to the formulation of culture and arts policy, the majority opinions supported the setting up a mechanism on top of the new department, the members of which should include professionals in the fields, to co-ordinate the overall development in culture and arts and to formulate the long term cultural policies; and that the government to disburse the resources in accordance to the established policies. This mechanism would alleviate the anxiety of the cultural sector towards the possible intervention of the government on cultural ideology. However, based on this consensus, it seems that no common views for the method of formation (by appointment or election) and the composition (the proportion of professionals of different sectors in the fields) of this mechanism have been reached. As regard to the role of the civil service, it is proposed that most of the cultural facilities should be corporatised or privatised to enhance the efficiency and to promote free development of arts. There were also opinions to emphasize on the importance of the smooth transition and the impartiality of the civil servants to achieve a fair disbursement of resources. Our preliminary view is that during the initial transitional period, the new department should still perform the role of managing the cultural facilities and services of the two Provisional Municipal Councils. On the other hand we would be open minded to actively study the ways to attract more participation from the fields of culture and arts and private set-ups.

33. As for recreation and sports, the sports sector does not have an unanimous agreement for the setting up of a high level organisation. We will consider the consultant's advice before coming to a conclusion. However, we will have to review the establishment of the new department to take into account the criticism on staff redundancy. The advice sought supported the retention of the SDB but the division of work between the SDB and the new department should be clearly defined to avoid overlapping. In addition, the new framework should satisfy NSA's demand for training venues as far as possible.

(c) Provision of Subsidies at District Level

34. District organisations in general consider that the setting up of a special government department not only facilitates the communication between district organisations and the government, but also solves the existing problems arising from the disparities in policies in urban area and the New Territories. Furthermore, the new framework must review the necessity to provide additional resources for developing training for people in the locality and the grassroots. And we will also examine the introduction of a fair and transparent funding mechanism which allows greater participation of the districts.

(d) Arts Education and Physical Education

35. The public and members of the related professional fields strongly request to enhance the training in arts and sports in primary and secondary schools. It is generally believed that an adequate integration of arts education and physical education into the primary and secondary curricula is crucial to the long term development of arts and sports in Hong Kong. We share this view and will actively study this important subject.

Conclusion

36. The HAB aims at setting up, as soon as possible, a new administrative framework for providing arts, cultural, sports and recreational services. We have to get every thing ready by the end of the year. During the consultation period, we have been urged by many organisations to make decisions and to publicise the arrangements concerned promptly. Although time is pressing, we persist in acting cautiously. We shall examine carefully the consultation findings together with the proposals put forward in the consultancy study before final decisions will be made. People from the arts, cultural, sports and recreational communities as well as the general public have explicitly expressed their expectations and proffered their requests. We are obliged to respond positively by making Hong Kong a more energetic, cultural and artistic metropolis for the new era.


Home Affairs Bureau
March 1999

LegCo1.doc

Reference	Content
A.	Extracts of the Consultation Report on Review of District Organisations
B.	Extracts of the Policy Address October 1998
C.	Newspaper advertisement on 10.11.1998
D.	Written submission from the Hong Kong Arts Development Council on 9.7.1998
E.	Forum agreement from the Business for Arts
F.	Written submission from the Antiquities Advisory Board on 31.7.1998
G.	Written submission from the Amateur Sports Federation and Olympic Committee of Hong Kong, China on 31.7.1998
H.	Written submission from the Hong Kong Sports Development Board on 28.7.1998
I.	Record of the Open Forum (Culture and Arts) held on 14.11.1998
J.	Record of the Open Forum (Recreation and Sports) held on 21.11.1998
K.	Records of the District Open Forums held on 27.11.1998, 4.12.1998 and 11.12.1998

L.	Written Submissions [Culture and Arts]
	1.Hong Kong Music Association	(12.11.98)
	2.Ming Ri Theatre Company	(13.11.98)
	3.Hong Kong Arts Centre	(13.11.98)
		(14.11.98)
		(14.11.98)
	6.Hong Kong Chung Kok Chinese Arts Club Limited	(20.11.98)
		(24.11.98)
	8.Music Office Parents' Association	(4.12.98)
	9.Anna Pao Sohmen	(9.12.98)
	10.Lee's Dance & Culture Association	(10.12.98)
	11.Hong Kong Arts Festival Society Ltd	(11.12.98)
	12.Chow Yung Ping	(11.12.98)
	13.Hong Kong Vocalists Ensemble	(12.12.98)
	14.An Arts Administrator	(14.12.98)
		(15.12.98)
	16.Bestreben Drama Association	(15.12.98)
	17.Hong Kong Film Critics Society	(15.12.98)
	18.Law Kar, Li Cheuk To, Jacob Wong	(15.12.98)
	19.Fu Lou Yeung	(27.12.98)
	20.Hong Kong Ballet	(29.12.98)
		(31.12.98)
		(8.1.99)
M.	Written Submissions [Recreation and Sports]
	1.Tsuen Wan District Sports and Recreation Association	(29.10.98)
		(17.11.98)
	3.New Territories Regional Sports Association	(2.12.98)
	4.Tai Po Sports Association Ltd	(4.12.98)
	5.Hong Kong PHAB Association	(8.12.98)
	6.Lee Shui Sing	(14.12.98)
	7.Hong Kong Baseball Association	(14.12.98)
	8.Instant-Dict FC	(16.12.98)
	9.Tsuen Wan District Sports and Recreation Association	(17.12.98)
	10.Mong Kok District Cultural, Recreational and Sports Association Ltd	(18.12.98)
	11.Hong Kong Schools Sports Federation	(23.12.98)
	12.Hong Kong, China Rowing Association	(11.1.99)
N.	Written Submissions [Staff and Unions]
	1.Chinese Orchestra Musicians Union	(11.11.98)
	2.A group of civil servants in Urban Services Department	(13.11.98)
	3.Chinese Orchestra Musicians Union	(23.11.98)
	4.One Unhappy Staff	(30.11.98)
	5.Government Librarian Grade Staff Association	(8.12.98)
	6.Hong Kong Music Officer Grade Staff Association	(14.12.98)
	7.Association of Curators	(14.12.98)
	8.Association of Managers, Cultural Services	(14.12.98)
	9.Association of Technical Officers, Cultural Services	(15.12.98)
	10.Antiquities and Monuments Office	(16.12.98)
	11.Hong Kong Music Officer Grade Staff Association	(25.1.99)
O.	Written Submissions [Political Parties]
	1.The Frontier	(13.12.98)
	2.Citizens Party	(15.12.98)
P.	Written Submissions [Other Individuals]
	1.Wong Yiu Chee	(7.11.98)
	2.Wu Wing Kai	(16.11.98)
	3.Philip Ko	(16.11.98)
	4.Heidi Chu	(16.11.98)
		(17.11.98)
	6.Cheung Tak Ming (in the capacity of Chairman, the Incorporated Owners of Rondall Building Management Committee)	(23.11.98)
	7.Cheung Tak Ming (in the capacity of Member, Sham Shui Po District Committee on the Promotion of Civic Education)	(23.11.98)
		(8.12.98)
Q.	Extracts of the minutes of the Provisional Regional Council's meeting on 26.11.1998
R.	Extracts of the minutes of the Provisional Urban Council's meeting on 25.12.1998
S.	Extracts of the minutes of the Shum Shui Po Provisional District Board's meeting on 7.1.1999

LEGCO-1.doc