A 99/00-26(1)

Legislative Council

Agenda
Wednesday 3 May 2000 at 2:30 pm



I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
1.Securities and Futures Commission (Fees) (Amendment) Rules 200087/2000
2.Securities (Miscellaneous) (Amendment) Rules 200088/2000
3.Securities (Dealers, Investment Advisers, Partnerships and Representatives) (Amendment) Rules 200089/2000
4.Securities (Accounts and Audit) (Amendment) Rules 200090/2000
5.Securities (Securities Margin Financiers and Representatives) Rules 91/2000
6.Securities and Futures Commission (Annual Returns) (Amendment) Rules 200092/2000
7.Probate and Administration Ordinance (Amendment of Schedule 2) Order 200098/2000
8.Securities and Futures Commission (Levy) (Securities) (Amendment) Order 200099/2000
9.Waste Disposal Ordinance (Amendment of First and Third Schedules) Notice 2000100/2000
10.Places for Autopsies (Amendment) Order 2000101/2000
11.Commodities Trading (Accounts and Audit) (Amendment) Rules 2000102/2000
12.Financial Resources Rules103/2000
13.Securities (Margin Financing) (Amendment) Ordinance 2000 (20 of 2000) (Commencement) Notice 2000104/2000
14.Dumping at Sea (Amendment) Ordinance 2000 (18 of 2000) (Commencement) Notice 2000105/2000
15.Dumping at Sea (Exemption) Order (L.N. 64 of 2000) (Commencement) Notice 2000106/2000
16.Shipping and Port Control (Amendment) Regulation 2000107/2000
17.Shipping and Port Control (Typhoon Shelters) (Amendment) Regulation 2000108/2000
18.Shipping and Port Control Regulations (Speed Restricted Zones for Pleasure Vessels) (Repeal) Notice 2000109/2000
19.Government Flying Service (General) (Amendment) Regulation 2000110/2000
20.Pay Classification (Auxiliary Section of Government Flying Service) Assignment (Amendment) Notice 2000111/2000
21.Hong Kong Airport (Control of Obstructions) (Exemption) Order112/2000
22.Accountant's Report (Amendment) Rules 2000113/2000
23.Admission and Registration (Amendment) Rules 2000114/2000
24.Practising Certificate (Solicitors) (Amendment) Rules 2000115/2000
25.Solicitors Disciplinary Tribunal Proceedings (Amendment) Rules 2000116/2000
26.Solicitors' Practice (Amendment) Rules 2000117/2000
27.Tax Reserve Certificates (Rate of Interest) (No. 4) Notice 2000118/2000
28.Mandatory Provident Fund Schemes Ordinance (80 of 1995) (Commencement) Notice 2000119/2000
29.Provident Fund Schemes Legislation (Amendment) Ordinance 1998 (4 of 1998) (Commencement) Notice 2000120/2000
30.Mandatory Provident Fund Schemes (General) Regulation (Cap. 485 Sub. Leg.) (Commencement) Notice 2000121/2000
31.Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built Before 1 September 1984) (Amendment) Regulation 2000 (L.N. 32 of 2000) (Commencement) Notice 2000122/2000
32.Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built on or After 1 September 1984) (Amendment) Regulation 2000 (L.N. 33 of 2000) (Commencement) Notice 2000123/2000
33.Merchant Shipping (Safety) (Cargo Ship Safety Equipment Survey) (Amendment) Regulation 2000 (L.N. 34 of 2000) (Commencement) Notice 2000124/2000
34.Merchant Shipping (Safety) (Load Line) (Amendment) Regulation 2000 (L.N. 35 of 2000) (Commencement) Notice 2000125/2000
35.Merchant Shipping (Safety) (Load Lines) (Length of Ship) (Amendment) Regulation 2000 (L.N. 36 of 2000) (Commencement) Notice 2000126/2000
36.Merchant Shipping (Safety) (Passenger Ship Construction and Survey) (Ships Built on or After 1 September 1984) (Amendment) Regulation 2000 (L.N. 37 of 2000) (Commencement) Notice 2000127/2000
37.Merchant Shipping (Safety) (Radio Installations Survey) (Amendment) Regulation 2000 (L.N. 38 of 2000) (Commencement) Notice 2000128/2000


Other Papers

1. No.94-Vocational Training Council Annual Report 1998/1999
(to be presented by Secretary for Education and Manpower)

2. No.95-Audited Statement of Accounts together with the Director of Audit's Report of the Hong Kong Rotary Club Students' Loan Fund for the year ended 31 August 1999
(to be presented by Secretary for Education and Manpower)

3. No.96-Audited Statement of Accounts together with the Director of Audit's Report of the Sing Tao Foundation Students' Load Fund for the year ended 31 August 1999
(to be presented by Secretary for Education and Manpower)

4. Report of the Bills Committee on Legal Aid (Amendment) Bill 1999
(to be presented by Hon Ambrose LAU, Chairman of the Bills Committee)


II. Questions

1. Hon James TO to ask: (Translation)

Regarding the checks and balances and distribution of powers between the Executive Authorities and the Legislature, will the Government inform this Council:
  1. whether, in order to further implement the stipulation in Article 64 of the Basic Law that the Government must be accountable to the Legislative Council, the Chief Executive will consider attending more frequently meetings of the Legislative Council ("LegCo") to account for the work of the Government to LegCo Members;

  2. whether it will review and re-interpret Article 74 of the Basic Law to allow more room for Members of this Council to introduce Bills on matters concerning public interests; and

  3. of the measures it has for improving the checks and balances and distribution of powers between the Executive Authorities and the Legislature?
Public Officer to reply : Secretary for Constitutional Affairs

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

Regarding the temporary abatement measures to be taken during periods when the air is extremely polluted, will the Government inform this Council:

  1. of the temporary measures that are being considered by the relevant authorities, and the timetable for implementing them;

  2. whether it will consider prohibiting all vehicles, other than emergency and public transport vehicles, from passing through those districts where the air pollution index is high and pedestrian traffic is heavy; and

  3. whether it will consider spraying water on the roads where the air pollution index is high and pedestrian traffic is heavy?
Public Officer to reply : Secretary for the Environment and Food

3. Hon Michael HO to ask: (Translation)

Regarding the increasing establishment of medical service centres in Hong Kong which operate as a conglomerate and provide medical and health care services to the employees of industrial and commercial organizations by hiring medical practitioners directly or by sharing profits with private medical practitioners, will the Government inform this Council:

  1. of the legislation or mechanism in place for regulating the quality of such medical services;

  2. whether it has plans to regulate the mode of operation of such centres; and

  3. of its policy regarding such medical services?
Public Officer to reply : Secretary for Health and Welfare

4. Hon Cyd HO to ask: (Translation)

Will the Government inform this Council whether:

  1. it has assessed if there is a need to revise the funding policy for Radio Television Hong Kong ("RTHK") in order to tally with its future business development; if the assessment result is in the negative, of the rationale for that;

  2. it plans to allocate more funds to RTHK for enriching the contents of its Internet web-site; if so, of the relevant details; if not, the reasons for that; and

  3. it will consider allowing RTHK to accept commercial advertisements or sponsorships with a view to generating more revenue; if so, whether it will regulate the contents of such advertisements or the mode of sponsorship; if it will not consider, the reasons for that?
Public Officer to reply : Secretary for Information Technology and Broadcasting

5. Hon James TIEN to ask:

I notice that quite a large number of green-coloured information boards displaying the registration number of the relevant slope, the maintenance department and the Highways Department reference number have been erected on the slopes on both sides of roads. In this connection, will the Government inform this Council:

  1. of the respective numbers of the above information boards that have been and will be erected, and the number of slopes involved;

  2. whether it has assessed the visual and environmental impacts of those information boards and if they will distract drivers; if it has, of the details; and

  3. whether it knows if it is a common practice in overseas countries to erect a large number of information boards on roadside slopes?
Public Officer to reply : Secretary for Works

6. Hon Bernard CHAN to ask: (Translation)

In spite of audio and visual reminders for the audience to switch off their mobile phones and pagers before the commencement of films and performances, there are still people ignoring such reminders. In this connection, will the Government inform this Council:

  1. of the other measures it has taken to ensure that the audience switch off their mobile phones and pagers before they are admitted to the public entertainment venues managed by the Government authority, the type of personnel tasked to enforce these measures and the effectiveness of such measures; and

  2. whether it will consider enacting legislation to enforce such measures; if not, of the reasons for that?
Public Officer to reply : Secretary for Home Affairs

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

It has been reported that the Immigration Department does not take back the Hong Kong identity cards issued to imported workers when they leave Hong Kong upon the expiry of their employment contracts. In this connection, will the Government inform this Council:

  1. of the reasons for not taking back such identity cards; and

  2. whether there have been cases in which persons were found to have gained employment in Hong Kong by illegally using such identity cards; if so, of the number of such cases over the past year and the measures in place to curb these cases?
Public Officer to reply : Secretary for Security

*8. Hon Albert HO to ask: (Translation)

In connection with the in-patient rehabilitation services in public hospitals, will the Government inform this Council of:

  1. the number of rehabilitation beds in each public hospital and, in respect of each hospital cluster, the ratio of such beds to the population served as at the end of last year;

  2. the latest timetable for the extension project of Pok Oi Hospital and the movement in the number of rehabilitation beds in each year during the project;

  3. the commencement date for the construction of the rehabilitation hospital in Tuen Mun; and

  4. the measures in place to ensure that the rehabilitation beds in Yuen Long and Tuen Mun are sufficient?
Public Officer to reply : Secretary for Health and Welfare

*9. Hon Andrew CHENG to ask: (Translation)

Employees in the catering and construction industries may join the Mandatory Provident Fund Industry Schemes set up for them to reduce the costs arising from the transfer of their accrued benefits when they change jobs. In this connection, will the Government inform this Council:

  1. in view of the high labour mobility in these industries and the fact that many employees are paid daily in cash, whether the Mandatory Provident Fund Schemes ("MPFS") Authority has any mechanism in place to ensure that both employers and employees in these industries make their contributions as required; and

  2. whether the MPFS Authority has assessed if it is possible that the management costs exceed the contributions from the industry schemes when the employees of these industries are unemployed or underemployed, thus causing a gradual decrease in the accrued benefits to these employees?
Public Officer to reply : Secretary for Financial Services

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

The Consumer Council has found that many products on sale in Hong Kong carry vague or misleading eco-labels. In this connection, will the Government inform this Council of the measures it will take:

  1. to protect the consumers from being misled by such labels; and

  2. to deter such business practices?
Public Officer to reply : Secretary for the Environment and Food

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

At present, where one-lane two-way traffic arrangement is necessitated by excavation works being carried out at a road section, the person in charge of the road works may arrange for temporary traffic signs to be operated by workers for directing traffic. In this connection, will the Government inform this Council of:

  1. the number of traffic accidents which occurred at the road sections concerned and the resultant casualties in each of the past three years;

  2. the number of complaints received by the authorities concerned about the improper operation of such traffic signs, and the respective numbers of warnings given to and prosecutions instituted against the persons in charge of the road works in each of the past three years;

  3. the measures in place to ensure that the workers operating these temporary traffic signs have adequate knowledge and experience in directing traffic; and

  4. the liability that should be borne by the persons in charge of the road works for traffic accidents caused by the improper operation of traffic signs?
Public Officer to reply : Secretary for Transport

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

At present, candidates sitting the listening tests in Use of English of the Hong Kong Advanced Level Examination and English Language of the Hong Kong Certificate of Education Examination are required to bring their own radios for listening to the test materials broadcast by Radio Television Hong Kong, while in the past the test materials were broadcast through the public announcement ("PA") facilities at the examination venues. It is learnt that the broadcast of the listening test held on 3 April was interfered with and the performance of many candidates was affected. In this connection, will the Government inform this Council:

  1. of the criteria it will use to adjust the results of the candidates affected in this incident; whether it will inform these candidates of the adjustment made in the marks of this test when it announces the results;

  2. whether it will consider making arrangements for the affected candidates to take the listening test again; if not, of the reasons for that;

  3. of the respective numbers of complaints received each year by the Hong Kong Examination Authority concerning the broadcasting quality in listening tests since the implementation of the practice to broadcast the listening test materials on the radio and in each of the three years prior to the implementation of the practice;

  4. of the measures to prevent the radio broadcast from being interfered with again in future; and

  5. whether it will consider resuming the past practice of broadcasting the test materials through the PA facilities at the examination venues, or by other means; if not, of the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

*13. Hon Ambrose LAU to ask: (Translation)

It has been reported that the Education Commission is considering the implementation of a new Secondary School Places Allocation Scheme under which primary students need not take the Academic Aptitude Test and will be promoted directly to secondary schools linked with their primary schools. In this connection, will the Government inform this Council:

  1. whether it has estimated the present numbers of secondary and primary schools intending to join the Scheme;

  2. whether it has assessed how, upon the implementation of the Scheme, the differences in learning ability and aptitude among students of the same school will compare to those under the current system; and

  3. of the measures in place to ensure that the effectiveness of teaching and learning in schools will not be lowered by the implementation of the Scheme, and that schools will have sufficient resources to cater for the needs of students with different aptitudes?
Public Officer to reply : Secretary for Education and Manpower

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

Two Home Ownership Scheme blocks built by an approved contractor of the Hong Kong Housing Authority ("HA") have to be demolished as the foundation piles have not been set at the required depths, and the contractor was consequently suspended by the HA from bidding for its contracts. It has been reported that the contractor concerned has recently submitted a bid for the Penny's Bay Reclamation (Phase I) contract. In this connection, will the Government inform this Council:

  1. of the types of works involved in the reclamation project;

  2. of the tender invitation date and the costs of the project;

  3. of the criteria to be used for selecting the contractor for the project, and whether the selection will take into account the contractors' past performance and whether or not they are on HA's list of approved contractors; if it will not, of the reasons for that; and

  4. whether contractors whose names have been removed from the HA's list of approved contractors or who have been suspended from bidding by the HA are allowed to submit tenders for other government projects; if so, of the reasons for that?
Public Officer to reply : Secretary for Works

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

It is learnt that the number of reported rubella cases in February this year increased substantially as compared to the preceding months. In this connection, will the Government inform this Council:

  1. of the peak season cycle for rubella in Hong Kong; and

  2. whether it has plans to give rubella vaccinations to immune-compromised persons; if it has, of the details; if not, the reasons for that?
Public Officer to reply: Secretary for Health and Welfare

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

Will the Government inform this Council whether it knows:

  1. the total number of enquiries received so far by the Mandatory Provident Fund Schemes ("MPFS") Authority about matters concerning the MPFS, together with a breakdown of the enquirers by occupational groups;

  2. the respective total numbers of complaints received by the Labour Department and the MPFS Authority since March last year about employers cutting their rates of contribution to the occupational retirement schemes on the pretext of the introduction of the MPFS; and

  3. the actions taken by the Labour Department and the MPFS Authority respectively on these complaints?
Public Officer to reply : Secretary for Financial Services

*17. Dr Hon David LI to ask:

It was reported that the number of cases abusing the Comprehensive Social Security Assistance ("CSSA") system rose from 88 in 1998-99 to 200 in the first nine months of 1999-2000. In this connection, will the Government inform this Council whether it will consider stepping up prosecution against CSSA abuses?

Public Officer to reply : Secretary for Health and Welfare

*18. Hon Christine LOH to ask:

Will the Administration inform this Council of the percentage of the site areas involving lease terms not requiring the payment of lease modification premium if re-developed to a more valuable use, among the sites already earmarked for redevelopment by the soon-to-be established Urban Renewal Authority?

Public Officer to reply : Secretary for Planning and Lands

*19. Hon Emily LAU to ask:

In view of rising public expectations of accountability and transparency of the work of the Police, will the Executive Authorities inform this Council whether they will consider setting up independent monitoring bodies, similar in nature and composition to the advisory committees of the Independent Commission Against Corruption, to oversee the work of the Police; if not, of the rationale for that? Public Officer to reply : Secretary for Security

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

Recently, I have received numerous complaints from residents about their being constantly subject to noise nuisances caused by road traffic. In this connection, will the Government inform this Council:

  1. whether it has statistics on the number of households living in the vicinity of roads with a noise level of 70 decibels or above;

  2. of the measures to implement the proposals of the feasibility study of retro-fitting noise mitigation measures on existing roads and flyovers;

  3. of the criteria it has adopted for determining which roads should be retro-fitted with noise mitigation measures;

  4. of the details of the works for retro-fitting noise reduction barriers and for surfacing roads with noise-reducing materials; and

  5. whether it will consider tightening the statutory permissible noise levels of vehicles and restricting large vehicles passing through residential areas; if not, of the reasons for that?
Public Officer to reply : Secretary for the Environment and Food

*For written reply.

III. Bills

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

Legal Aid (Amendment) Bill 1999 : Chief Secretary for Administration

IV. Members' Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance

Prof Hon NG Ching-fai to move the following motion:

RESOLVED that the Chinese Medicine (Fees) Regulation, published as Legal Notice No. 69 of 2000 and laid on the table of the Legislative Council on 29 March 2000, be repealed.

2. Improving the teaching environment in schools

Hon CHEUNG Man-kwong: (Translation)

That this Council urges the Government to immediately allocate funding to honour its undertaking to complete the School Improvement Programme for all schools by 2004, so as to ensure that all schools are equipped with adequate basic teaching facilities, including computer rooms, libraries, language rooms, interview rooms for receiving parents, student activity centres, staff common rooms and remedial teaching rooms; the Government should make immediate arrangements for redeveloping or relocating those school premises which are dilapidated, jeopardize the safety of students or suffer from an acute shortage of space, so as to improve the teaching environment and safeguard the interests of students.

Public Officer to attend : Secretary for Education and Manpower

3. Risk management of information technology-related stocks

Hon Eric LI: (Translation)

That this Council urges that the Government should, having regard to the characteristics of the Hong Kong financial market, expeditiously review the risk management of information technology-related stocks and adopt effective measures as soon as possible to develop an excellent culture of corporate governance, so as to enhance the vitality of the Hong Kong investment market, protect the legitimate rights and interests of investors and provide a level playing field for professional intermediaries in the market.

Public Officer to attend : Secretary for Financial Services

Clerk to the Legislative Council