A 99/00-8(1)

Legislative Council

Agenda
Wednesday 17 November 1999 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation L.N. No.
1. Immigration (Amendment) Regulation 1999273/99
2. Estate Agents (Licensing) (Amendment) Regulation 1999 274/99
3. Designation of Museums (Amendment) (No. 2) Order 1999 275/99
4. Legal Practitioners (Fees) (Amendment) Rules 1999 276/99

Other Papers

1. No.29-Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 1999

(to be presented by the President)

2. No.30-Report No. 33 of the Director of Audit on the results of value for money audits - October 1999

(to be presented by the President)

3. No.31-Sir Edward Youde Memorial Fund
Report of the Board of Trustees for the period 1 April 1998 to 31 March 1999

(to be presented by Secretary for Home Affairs)

4. No.32- Secretary for Home Affairs Incorporated
Statement of Accounts for the year ended 31 March 1999

(to be presented by Secretary for Home Affairs)

5. No.33- Accounts of the Government for the year ended 31 March 1999

(to be presented by Secretary for the Treasury)

II. Questions

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

Will the Government inform this Council:

    (a)whether it knows if the company responsible for managing the Octopus system plans to refund the deposits collected from the Octopus card holders; if not, of the reasons for that; and

    (b)of the reasons for not regulating the collection of the deposits by the company; whether it has assessed if the company's principal income, as derived from the levy payable by the relevant transport operators on the basis of the number of Octopus transactions, will enable the company to be financially capable of refunding the Octopus card deposits to the public?
Public Officer to reply : Secretary for Transport

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

In response to my written proposal in April this year for building major exhibition and conference facilities in the new airport at Chek Lap Kok or other suitable locations, the Government advised at that time that it would study the proposal. In this connection, will the Government inform this Council:

    (a)of the progress of its study at present;

    (b)whether it will consider constructing such facilities within the airport at Chek Lap Kok; if not, whether other locations will be considered; if it will consider other locations, of the details of those locations; and

    (c)whether it will consider granting visa-free entry to visitors who are bound for such facilities only?

Public Officer to reply : Secretary for Economic Services

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

With regard to the Admission of Talents Scheme, which is mainly targeted at Mainland talents, will the Government inform this Council:

    (a)how the academic and professional qualifications of the applicants will be assessed; whether it will invite the Hong Kong Council for Academic Accreditation to take part in the assessment of the qualifications of these applicants; if it will, of the procedure; if not, of the reasons for that; and

    (b)of the Mainland universities (to be listed in an appendix) from which applicants should have earned their PhD degrees in the relevant fields for the relevant applications to meet the academic requirement of the scheme; and the criteria adopted for selecting these universities?

Public Officer to reply : Secretary for Education and Manpower

4. Hon Albert HO to ask: (Translation)

Will the Government inform this Council:

    (a)of the number of accidents involving franchised buses operating during the hoisting of typhoon signal No.8 or above over the past three years;

    (b)whether it knows if various models of buses are equipped with devices to withstand strong gales and impacts from flying objects during typhoons, and the measures adopted by the franchised bus companies to ensure the safety of the bus captains on duty and the passengers on board during typhoons; and

    (c)whether it knows if the franchised bus companies have issued guidelines or codes of practice to bus captains on driving safety during typhoons or in adverse weather conditions, or provided training for them in this regard; if they have, of the details; if not, of the reasons for that?

Public Officer to reply : Secretary for Transport

5. Hon Michael HO to ask: (Translation)

It is learnt that some doctors or dentists who provide information on medical services for the public have been regarded as breaching the relevant codes of practice. Hence, a dental care service for the youth has been discontinued allegedly because of problems arising from the distribution of the list of participating dentists in schools; the Social Welfare Department cannot give Senior Citizen Card holders a list of the doctors providing preferential treatment for the elderly; and there are complaints against some doctors for their participation in the concessionary scheme for patrons of a telecommunications company. In this connection, will the Government inform this Council:

    (a)of the existing policy on public access to information on medical services, and the measures adopted to implement this policy;

    (b)whether it has assessed if the public's right to information on medical services is restricted by the existing legislation and the relevant codes of practice; and

    (c)whether the practices of some doctors and dentists who post the lists of service items and charges inside or at the entrance of their clinics, or have information about their professional services printed on the publicity materials of various concessionary medical schemes are in breach of the policy on public access to information on medical services and the relevant codes of practice?
Public Officer to reply : Secretary for Health and Welfare

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

Will the Government inform this Council:

    (a)whether it has received any applications for toll increases from the operators of Tai Lam Tunnel, Tate's Cairn Tunnel and the Western Harbour Crossing; if it has, of the guiding policies and principles as well as the factors to be taken into consideration in deciding whether approval should be given to such applications;

    (b)how the daily average traffic volumes of the three tunnels projected at the time of their construction compare with the figures at present; whether it has assessed the impact of toll increases of these tunnels on the current traffic volumes of Tuen Mun Highway, the Lion Rock Tunnel and the Cross Harbour Tunnel; if so, of the results; and

    (c)whether it will formulate measures to cater for the situation in which, even with the increases in tunnel tolls, the revenues of the three tunnel companies concerned are still inadequate for repaying their loans?
Public Officer to reply : Secretary for Transport

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

Will the Government inform this Council:

    (a)whether it has estimated the number and geographical distribution of buildings with potentially dangerous building elements, and the number of such elements; among these buildings, of the number of those already on the list of target buildings compiled by the Home Affairs Department;

    (b)given that only 12 inspection reports were received in response to the Buildings Department's invitations to the owners of 884 buildings to participate in the Building Safety Inspection Scheme ("BSIS") last year, whether it has assessed the reasons for the BSIS not being widely accepted; if so, of the assessment results; if not, of the reasons for that;

    (c)of the quarterly figures for the following between January 1997 and September this year:

    (i)the number of buildings enrolled in the BSIS; and

    (ii)the number of building investigation orders issued by the Building Authority under section 26A of the Buildings Ordinance (Cap. 123);

    (d)of the following:

    (i)the number of buildings involved in the BSILS applications received by the Buildings Department;

    (ii)the amount of loans applied in respect of each building;

    (iii)the amount of loans granted and the interest rate charged in respect of each building; and

    (iv)the reasons for the Buildings Department refusing some of the applications,

    since the implementation of the Building Safety Improvement Loan Scheme ("BSILS") in March 1998; and

    (e)whether it has reviewed the implementation of the BSIS and BSILS; if it has, of the results?
Public Officer to reply : Secretary for Planning, Environment and Lands

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

Will the Government inform this Council whether it has decided that the Chemical Waste Treatment Centre ("CWTC") on Tsing Yi Island should treat clinical waste by incineration; if it has:

    (a)of the justifications for the decision;

    (b)of the proposed implementation schedule;

    (c)how the respective annual levels of dioxin and other toxic substances emitted into the air by the CWTC after it has adopted this treatment method compare with the present emission levels; and

    (d)of the implications of this treatment method on the recurrent expenditure of the CWTC?
Public Officer to reply : Secretary for Planning, Environment and Lands

*9. Ir Dr Hon HO Chung-tai to ask: (Translation)

Will the Government inform this Council whether the permitted heights of the buildings at the Cyberport were specifically listed and whether an assessment had been made regarding the impact of the whole project, including the heights of the buildings thereat, on residents in Southern District and the Pokfulam Area when the Planning Department submitted to the Town Planning Board in August this year the revised Pokfulam Outline Zoning Plan in connection with the Cyberport Project; if so, of the relevant details; if not, of the reasons for that?

Public Officer to reply : Secretary for Information Technology and Broadcasting

*10. Hon Emily LAU to ask:

It was stated in the Government's Policy Objectives this year that "the long-term target is to require all new teachers to be professionally trained and degree holders". In this connection, will the Executive Authorities inform this Council:

    (a)of the current respective numbers and percentages of teachers in kindergartens, primary and secondary schools who have been professionally trained and are degree holders; and

    (b)of the expected date for such long-term target to be achieved?
Public Officer to reply : Secretary for Education and Manpower

*11. Hon Christine LOH to ask:

The Equal Opportunities Commission ("EOC") found that about 85% of co-educational schools had restricted the study of Design and Technology to boys and Home Economics to girls, and informed the schools concerned in July this year that such restrictions contravened the Sex Discrimination Ordinance ("SDO") (Cap. 480). In this connection, will the Government inform this Council:

    (a)of the current number of secondary schools which still practice such restrictions; and

    (b)whether the Education Department has taken any follow-up action in this respect; if not, of the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

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

Will the Government inform this Council whether it knows:

    (a)the regulations made by the Hospital Authority ("HA") on the use of mobile phones and pagers by its medical staff within the bounds of public hospitals; and

    (b)if the HA will consider reviewing and tightening up the relevant regulations, including strict stipulation that medical staff must not use mobile phones and pagers while performing surgical operations?
Public Officer to reply : Secretary for Health and Welfare

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

It was reported that cracks had recently been found at various places in On Ning Garden ("ONG") of Tseung Kwan O and such cracks were allegedly caused by the construction works on the Mass Transit Railway ("MTR") Tseung Kwan O Extension project of the MTR Corporation in the vicinity of ONG. In this connection, will the Government inform this Council:

    (a)whether the Housing Department has held meetings with the Owners' Corporation of ONG to explore the possible solutions to this problem and offered assistance; if not, of the reasons for that;

    (b)whether it has investigated the causes of such cracks; if so, of the outcome; and

    (c)where the causal relationship between the cracks and the MTR Tseung Kwan O Extension project works nearby is established, of the remedial measures that it and the MTR Corporation will adopt?
Public Officer to reply : Secretary for Housing

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

It was reported that unusual soil settlement occurred recently in Tseung Kwan O and Chai Wan. Some academics pointed out that such unusual settlement might be related to the underground water wastage resulting from Stage I construction works of the Strategic Sewage Disposal Scheme ("SSDS") currently in progress or the fact that parts of the districts concerned were situated on reclaimed land. In this connection, will the Government inform this Council:

    (a)before the commencement of SSDS, whether it had evaluated if SSDS would cause soil settlement; if it had, of the estimated average monthly settlement in the districts concerned, and the impact of SSDS on buildings and public utilities such as underground mains and road surface; and of the related remedial measures formulated;

    (b)of the respective numbers of reports received every month concerning cracking of underground mains and road surface subsidence in the year before and after the commencement of SSDS;

    (c)of the normal average settlement of the reclaimed land in each of the first five years after the completion of the reclamation works; the respective impacts of soil settlement exceeding the normal extent on the structure of buildings constructed before and after mid-70s;

    (d)of the expected time of completing the investigations being conducted into the unusual soil settlement in Tseung Kwan O and Chai Wan; whether it has planned to report to this Council the results of the investigations; and

    (e)how the public can claim compensation for losses incurred by the soil settlement as a result of public works programmes?
Public Officer to reply : Secretary for Works

*15. Hon Emily LAU to ask:

Regarding the adoption of sustainable development perspective in planning, will the Executive Authorities inform this Council whether:

    (a)they will review if the roads and highways planned for the next decade tie in with the concept of sustainable development; and

    (b)they will consider revising the population consideration for the building of railways in new towns so that more railways, which are more environment-friendly, can be built early?
Public Officer to reply : Secretary for Transport

*16. Hon Christine LOH to ask:

Regarding the measures that will defer the plan of the Hong Kong Electric Company Limited ("HEC") to build a new power plant on Lamma Island, will the Government inform this Council:

    (a)of the current peak demand on electricity supply in HEC's service area;

    (b)of the peak demand which will necessitate the building of a new power plant; the estimated year in which such peak will be reached and the demand side management ("DSM") measures that need to be taken in order to contain the peak demand in the estimated year at the current level;

    (c)of the amount of reduction in current peak demand required in order to defer the building of a new power plant by one year;

    (d)of the amount of reduction in current peak demand required of the commercial and industrial users only in order to defer the building of a new power plant by one year;

    (e)whether it has compared the financial gains to HEC in each of the following two scenarios:

    (i)implementing DSM measures and thus deferring the construction of a new power plant; and

    (ii)the building of a new power plant to sell more power; and

    (f)of all available energy saving measures, together with their costs and potential energy savings, and provide a comparison of the costs of such measures with the cost of building a new power plant?
Public Officer to reply : Secretary for Economic Services

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

The Immigration Department will implement on 1 January next year a new stipulation to only process applications for employing foreign domestic helpers, ("FDHs") made in accordance with the new standard employment contracts for FDHs which stipulate against FDHs undertaking any driving duties. Upon the implementation of the new stipulation, FDHs will not be allowed to drive to purchase daily necessities for their employers or to drive their employers' children to and from school. In this connection, will the Government inform this Council:

    (a)of the legal basis for imposing a total ban on FDHs performing driving duties;

    (b)whether it has assessed the impact of the new stipulation on families residing or with children studying at schools located in areas where convenient public transport is not available;

    (c)of the measures that will be put in place to prevent employers and employees from reaching private agreements for the FDHs to continue to undertake driving duties; and

    (d)whether sample checks will be conducted on foreigners who are driving, to see if they are FDHs undertaking driving duties for their employers; if so, of the measures that will be put in place to avoid causing unnecessary nuisances to foreigners at the wheel?
Public Officer to reply : Secretary for Security

*18. Prof Hon NG Ching-fai to ask: (Translation)

Will the Government inform this Council:

    (a)with regard to the various infrastructural projects, which will cost $240 billion, to be carried out in the coming five years as revealed in the Policy Address this year, of the estimated annual progress and expenditure of each project;

    (b)of the other infrastructural projects to be carried out in the coming 10 years and the estimated annual progress and expenditure of each project;

    (c)of the estimated numbers of job vacancies and man-years that will be created in each of the coming 10 years by various large infrastructural projects, broken down by trade and type of work; and

    (d)whether the Works Bureau, Transport Bureau, Education and Manpower Bureau and other policy bureaux has set up a coordination mechanism to ensure a proper balance between the supply and demand of construction workers of various types of work in Hong Kong when the construction of various large infrastructural projects are under way; if so, of the details of the coordination mechanism?
Public Officer to reply : Secretary for Works

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

Regarding the clinical trials of new medicines or new medical technologies conducted by public and private medical institutions, will the Government inform this Council whether it knows:

    (a)the respective numbers of clinical trial applications approved and rejected by the relevant authorities in each of the past five years; the considerations taken into account by the relevant authorities in making their decisions; and the respective numbers of cases in which patients had adverse reactions or died whilst undergoing the trials or thereafter; and

    (b)the existing application procedures for conducting clinical trials, the guidelines on professional conduct issued and the monitoring mechanism established by the relevant authorities in respect of such trials, as well as the respective numbers of cases in which the application procedures and guidelines on professional conduct were breached in the conduct of clinical trials in each of the past five years; how the relevant authorities have followed up such cases, and whether they have any plans to strengthen the monitoring mechanism?
Public Officer to reply : Secretary for Health and Welfare

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

Section 42 of the Bankruptcy Ordinance (Cap. 6) provides that during the period beginning on the day of presentation to the court of a petition for a bankruptcy order and ending with the vesting of the bankrupt's estate in a trustee, any disposition of property made by the bankrupt is void. During that period, banks handling the accounts of the bankrupt on his instructions and other institutions or persons having financial dealings with the bankrupt may incur losses if they are unaware of such a petition. In this connection, will the Government inform this Council whether:

    (a)it knows the existing channels through which the banks, institutions and persons concerned can obtain the personal data of a bankrupt when a petition is filed in court for a bankruptcy order; whether it has assessed if such data are released promptly and if the released data can fully reveal the identity of the bankrupt so that the banks, institutions and persons concerned may avoid incurring any financial losses; and if the assessment result is in the negative, of the improvement measures it will adopt; and

    (b)it has assessed if such channels are convenient, fast and low in cost, and if the assessment result is in the negative, of the improvement measures it will adopt?
Public Officer to reply : Secretary for Financial Services


*For written reply.

III. Bills

First Reading

Dutiable Commodities (Amendment) Bill 1999

Second Reading (Debate to be adjourned)

Dutiable Commodities (Amendment) Bill 1999 : Secretary for the Treasury

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

1. Housing Managers Registration Bill : Secretary for Housing
2. Industrial Training (Construction Industry) (Amendment) Bill 1999 : Secretary for Education and Manpower

IV. Members' Motions

1. Education on media literacy

Hon Cyd HO: (Translation)

That this Council urges the authorities to promote education on media literacy across the board so as to foster media self-regulation, and at the same time safeguard freedom of speech and of the press.

Amendment to Hon Cyd HO's motion

Hon YEUNG Yiu-chung: (Translation)

To delete "so as to foster media self-regulation, and at the same time safeguard" and substitute with "and hopes that the media will expeditiously set up an effective self-regulatory mechanism which, at the same time as it safeguards"; and to add ", also protects personal privacy and preserves public morality" after "freedom of speech and of the press".

Amendment to Hon YEUNG Yiu-chung's amendment

Hon Albert HO: (Translation)

To add ", opposes the establishment of a government-appointed press council" after "media literacy across the board"; to delete ", at the same time as it" after "effective self-regulatory mechanism which"; and to delete "also" from "also protects personal privacy".

Public Officer to attend : Secretary for Home Affairs

2. The Government's policy on the engagement of consultants

Hon NG Leung-sing: (Translation)

That this Council urges the Government to review the policy on the engagement of consultants in order that it can better meet the social development needs of the Special Administrative Region; the policy should include the following considerations:

    (1)consultants should not be engaged to discharge the duties of Government departments;

    (2)the reward and punishment mechanism should be strengthened so that the performance of the consultants engaged can be realistically and effectively monitored;

    (3)ensuring that the expertise of the consultants engaged matches Hong Kong's actual circumstances so as to achieve the best value for money; and

    (4)without violating relevant international agreements, paying regard to the interests of the local consulting profession and striving to effect technology transfer when engaging foreign consultancy firms.

Public Officer to attend : Secretary for the Treasury


Clerk to the Legislative Council