A 99/00-9(1)

Legislative Council

Agenda
Wednesday 24 November 1999 at 2:30 pm

I. Tabling of Papers
Subsidiary Legislation L.N. No.
1.Port Control (Cargo Working Areas) (Amendment) (No. 2) Regulation 1999279/99
2.Administrative Appeals Board Ordinance (Amendment of Schedule) Order 1999280/99
3.Midwives Registration (Fees) Regulation281/99
4.Legislative Council (Registration of Electors) (Appeals) (Amendment) Regulation 1999 282/99
5.Declaration of Geographical Constituencies (Legislative Council) Order 1999283/99
6.Electoral Affairs Commission (Registration of Electors) (Geographical Constituencies) (Legislative Council) (Amendment) Regulation 1999284/99
7.Hospital Authority Ordinance (Amendment of Schedules 1 and 2) Order 1999285/99
8.Places for Autopsies (Amendment) Order 1999 286/99
9.Hawker (Permitted Place) (No. 2) Declaration 1999 287/99
10.Banking (Amendment) Ordinance 1999 (42 of 1999) (Commencement) Notice 1999288/99
11.Disciplined Services Welfare Funds Legislation (Amendment) Ordinance 1999 (58 of 1999) (Commencement) Notice 1999 289/99
12.Gas Safety (Installation and Use and Miscellaneous) (Amendment) Regulation 1999 (L.N. 222 of 1999) (Commencement) Notice 1999 290/99


Other Papers

1. No.34 -The Hong Kong Industrial Estates Corporation Annual Report 1998-1999
(to be presented by Secretary for Trade and Industry)

2. No.35 -Hong Kong Industrial Technology Centre Corporation Annual Report 98-99
(to be presented by Secretary for Trade and Industry)

3. No.36 -Hong Kong Productivity Council Annual Report 1998/99
(to be presented by Secretary for Trade and Industry)

4. No.37 -The Prince Philip Dental Hospital Hong Kong
Report by the Board of Governors for the period 1 April 1998 to 31 March 1999
(to be presented by Secretary for Health and Welfare)

5. No.38 -Report of the Electoral Affairs Commission on the Delineation of Geographical Constituencies in respect of the Second General Election of the Legislative Council to be held in September 2000
(to be presented by Secretary for Constitutional Affairs)


II. Questions

1. Hon Andrew CHENG to ask: (Translation)

At present, employees engaged in the medical services, transport services and the media business etc have to go to work during the onslaught of typhoons. However, many employers do not arrange transport for their employees to and from their work places. In this connection, will the Government inform this Council:

  1. whether it has compiled statistics on the number of employees who were injured while commuting between home and the work places when a typhoon signal No. 8 or above was hoisted or a rainstorm black warning was in effect ("stormy periods") during the past year; if it has not, of the reasons for that;

  2. whether it knows the reasons for some hospitals under the Hospital Authority ("HA") not arranging for vehicles to shuttle employees to and from hospitals when a typhoon signal No. 9 or No. 10 has been hoisted; and

  3. whether it plans to require Government departments and public organizations, including the HA, or even require all employers through the enactment of legislation, to arrange for transport for their employees who are required to be on duty during stormy periods; if it has no such plans, of the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

2. Dr Hon YEUNG Sum to ask: (Translation)

Early this month, the United Nations Human Rights Committee ("UNHRC") made its concluding observations after considering the report submitted by the Government of the Hong Kong Special Administrative Region ("HKSAR") with reference to the International Covenant on Civil and Political Rights. In this connection, will the Government inform this Council how it will implement and follow up the following recommendations and concerns as stated in the concluding observations:

  1. that regarding the abolition of the Municipal Councils, the HKSAR Government should reconsider this decision as well as maintain and strengthen democratic representation of HKSAR residents in public affairs;

  2. that to ensure proper and effective investigation of complaints against the police, the HKSAR Government should provide for independent investigation of complaints against the police; and

  3. the UNHRC's concern that a request by the executive authorities for an interpretation of the Basic Law by the Standing Committee of the National People's Congress may in individual cases undermine the rights to a fair trial under Article 14 of the Covenant and have implications for the independence of the judiciary of the HKSAR?
Public Officers to reply : Secretary for Home Affairs
Secretary for Constitutional Affairs
Secretary for Security
Secretary for Justice

3. Hon Cyd HO to ask: (Translation)

Will the Government inform this Council:

  1. of the designs adopted during the planning stage and the actual situation at present in respect of the access routes and transport service to and from the Kowloon Bay Health Centre; if they are different, of the reasons for and details of such difference; and

  2. whether it plans to improve the current arrangements in respect of the access routes and transport service to and from the centre; if so, of the details?
Public Officers to reply:Secretary for Transport
Secretary for Health and Welfare

4. Hon Bernard CHAN to ask:

Will the Government inform this Council:

  1. of the places in Las Vegas that the Financial Secretary visited in September this year, and of his observations from the visit; and

  2. on the basis of these observations, whether it has assessed if Hong Kong should further invest in building more performance venues in order to promote tourism?
Public Officer to reply : Financial Secretary

5. Hon Fred LI to ask: (Translation)

The Government is examining whether or not the unusual site settlement occurring on the reclaimed land in Tseung Kwan O is related to the construction works of the Strategic Sewage Disposal Scheme ("SSDS") Stage I currently in progress. In this connection, will the Government inform this Council:

  1. of the time when the authorities became aware of the unusual settlement occurring on the reclaimed land in Tseung Kwan O, the contingency measures they have subsequently taken to prevent the settlement from deteriorating, and whether they have given an account of this incident to the public;

  2. of the buildings and structures in Tseung Kwan O which have been affected by the unusual settlement; whether the authorities will conduct detailed inspections of these buildings to confirm that they are structurally safe; and whether they will take up the responsibility for solving the repair and maintenance problems caused to these buildings that have been affected by the unusual site settlement; and

  3. whether it has evaluated the other possible impacts of the SSDS construction works on the relevant districts throughout the territory; if it has, of the results of the evaluation; if it has not, of the reasons for that?
Public Officer to reply : Secretary for Works

6. Hon Howard YOUNG to ask:

The Government is considering the development of a number of tourist attractions, such as a Fisherman's Wharf in Aberdeen and a state-of-the-art performance venue on the West Kowloon Reclamation. In this connection, will the Government inform this Council whether it plans to develop tourism projects on a district basis so that tourist facilities that complement one another can be built in close proximity; if so, of the details of such plans; if not, of the reasons for that?

Public Officers to reply : Secretary for Planning, Environment and Lands
Secretary for Economic Services

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

Will the Government inform this Council:

  1. of the number of cases involving unlawful gambling on the results of football matches cracked down by the police over the past three years and the total amount of bets involved in these cases; and

  2. whether it will enact legislation to regulate the publication of information regarding the avenues for participating in and the odds of such gambling activities, and other related information?
Public Officer to reply : Secretary for Home Affairs

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

Regarding the "IT Audit" service provided by the Hong Kong Productivity Council ("HKPC"), will the Government inform this Council whether it knows:

  1. if the staff of HKPC who provide the IT Audit service are professional accountants holding a practising certificate, that is, certified public accountants; if they are not, of the measures the authorities will take to make known to the public that such service is in fact a general assessment service, and not the professional audit service provided by a certified public accountant;

  2. how HKPC can ensure and monitor the professional standards of the service, and how HKPC handles complaints relating to the service; and

  3. if HKPC has subsidized the service with public funds; if so, whether the Administration has assessed if such subsidization is unfair to private companies which provide similar services?
Public Officer to reply : Secretary for Trade and Industry

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

Will the Government inform this Council of:

  1. the respective numbers of complaints received in each of the past two years concerning insufficient speed limit signs or unduly strict speed limits; the 20 road sections about which the largest number of such complaints were lodged; the contents of the complaints; and the follow-up action taken in respect of such complaints;

  2. the existing mechanism and channels through which the transport industry may make suggestions on matters concerning traffic management; the respective numbers of suggestions received through these means from the industry in each of the past two years concerning insufficient speed limit signs or unduly strict speed limits; the 20 road sections about which the largest number of suggestions were made; the major concerns in these suggestions; and how the suggestions were followed up;

  3. the number of prosecutions concerning speeding made in each of the past two years, broken down by vehicle classes and by every 10 kilometres in excess of the speed limit; the number of people prosecuted who contested the charge of speeding; and the number of successful defence cases; and

  4. the comments made by the courts on the Administration's law enforcement efforts in respect of prosecuting drivers for speeding over the past two years; how the comments were followed up?
Public Officer to reply : Secretary for Transport

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

I have learnt from Cheung Chau residents that the Government is considering granting land on Cheung Chau for the construction of a funeral parlour. In this connection, will the Government inform this Council:

  1. of the sites being considered; and

  2. when a decision is expected to be made on the siting of the funeral parlour, and whether it will consult the relevant residents' associations before making a decision; if it will, how the consultation will be carried out?
Public Officer to reply : Secretary for Planning, Environment and Lands

*11. Dr Hon David LI to ask:

Will the Government inform this Council:

  1. of the number of cases of head-bashing robbery reported to the Police in each of the past three years;

  2. whether it has reviewed if the existing number of police officers deployed on patrol duties is sufficient to deter the occurrence of head-bashing robberies throughout the territory; and

  3. whether it will consider legislative amendments to increase the penalty for such type of crimes?
Public Officer to reply : Secretary for Security

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

Will the Government inform this Council:

  1. of the approximate number of new buses re-exported annually to the Mainland via Hong Kong;

  2. whether the franchised bus companies in Hong Kong have set limits for the service life of their buses; if so, of the limits set; and how these companies dispose of the old buses withdrawn from service; and

  3. whether it knows the total number of withdrawn buses of franchised bus companies exported to the Mainland each year?
Public Officer to reply : Secretary for Transport

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

According to the 1998-1999 Office of the Telecommunications Authority ("OFTA") Trading Fund Report, the profit after taxation of the OFTA Trading Fund in 1998/1999 showed a 35% increase as compared to that in the preceding year. At the same time, the rate of return on fixed assets was 76.2%, far exceeding the target rate of return of 14.5% as determined by the Financial Secretary. In this connection, will the Government inform this Council whether, given that the Trading Fund is making good profits, the OFTA will further reduce the public radiocommunication licence fee per mobile (pager) station, so as to cut down the operating costs of paging operators; if so, of the details; if not, of the reasons for that?

Public Officer to reply : Secretary for Information Technology and Broadcasting

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

Will the Government inform this Council of the provisions in law that can be invoked to prosecute contractors or professionals in charge of the construction works of the Hong Kong Housing Authority who allow substantial deviation of the construction works from the approved plans or submit misrepresenting reports; how such provisions compare to similar provisions in the Buildings Ordinance (Cap. 123); if no legislation can be invoked as the basis for prosecution, whether it will enact legislation for such purpose or strengthen the monitoring of such works?

Public Officer to reply : Secretary for Housing

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

With regard to the appointment of the Managing Director of the Mandatory Provident Fund Schemes Authority, will the Government inform this Council whether:

  1. it knows the requirements for the post of Managing Director set by the Management Board of the Authority;

  2. it knows the number of Management Board meetings for the selection of the Managing Director originally scheduled but subsequently postponed, as well as the duration and reasons for each deferment;

  3. it has given any instructions or reminders to the Authority on the dates for holding such meetings; and whether it has issued any instructions to the Authority in relation to the deadline for the appointment of its Managing Director; and

  4. it has assessed if the delay in the appointment of the Authority's Managing Director has any adverse impacts on the vetting and approving of applications for becoming a trustee of mandatory provident fund schemes ("MPFS") and MPFS products; if the assessment has identified adverse impacts, of the remedial measures to take; if no adverse impacts have been found, of the rationale for this?
Public Officer to reply: Secretary for Financial Services

*16. Hon Emily LAU to ask: (Translation)

According to a survey conducted by the Education Department in February this year, 194 primary and secondary schools did not have basketball courts and covered playgrounds in the school premises. In this connection, will the Executive Authorities inform this Council:

  1. among these 194 schools, of the names of those schools which have adopted the following remedial measures:

    1. hiring of accommodation such as sports ground, indoor game halls and swimming pools from outside organisations (e.g. the Provisional Urban Council);

    2. modifying the physical education ("PE") curriculum by adapting PE activities to suit the facilities available to the schools; and

    3. using or sharing PE facilities with other schools or sections of the same school sponsor; and

  2. of the plans in place to upgrade the relevant school premises or build new premises so as to provide such schools with PE facilities?
Public Officer to reply : Secretary for Education and Manpower

*17. Hon Christine LOH to ask:

Regarding emissions from light, medium and heavy diesel-powered goods vehicles, will the Administration inform this Council:

  1. of the respective numbers of operational goods vehicles, broken down by vehicle classes and the emission standards they comply with (pre-Euro, Euro I and Euro II);

  2. (i) of the respective estimated reduction in emission of respirable suspended particulates ("RSP") and nitrogen dioxide ("NO2") by goods vehicles, broken down by the emission standards they comply with; and

    (ii) of the predicted changes, taking into account the future traffic growth, in emission levels of RSP and NO2 in 2006 and 2016 respectively

    upon the implementation of the measures to reduce emissions from goods vehicles; and

  3. whether it has any measures in place to encourage the replacement of goods vehicles which do not comply with Euro II standard with less polluting ones; if so, whether it has set down any replacement rate for each of the coming years and the target date for total replacement?
Public Officer to reply : Secretary for Planning, Environment and Lands

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

At present, the fare for a single journey from a Kowloon-Canton Railway ("KCR") station in Kowloon to the Racecourse Station is $12.5, while the fare to the Fo Tan Station, which is next to the Racecourse Station, is only $6 to $6.5. On racedays, in order to save traffic expenses, some members of the public alight at the Fo Tan Station and walk to the racecourse, thereby causing nuisance to residents in Fo Tan. In this connection, will the Government inform this Council whether:

  1. it knows the reasons for the fare from a station in Kowloon to the Racecourse Station being about 90% higher than that to the Fo Tan Station;

  2. it knows if the KCR Corporation will consider reducing the fare to and from the Racecourse Station; if it will not, of the reasons for it; and

  3. it has any measures to alleviate the nuisance caused to residents in Fo Tan by the racegoers who walk to the racecourse from the Fo Tan Station on racedays?
Public Officer to reply : Secretary for Transport

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

Will the Government inform this Council whether it plans to adopt measures to change the prevailing practice of multi-level subcontracting in the construction industry, so as to minimize the costs of various major infrastructure projects which will commence shortly and to ensure the quality of these works; if so, of the details and the specific timetables of such plans?

Public Officer to reply : Secretary for Works

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

It is learnt that there have been frequent disruptions in the supply of sea water for flushing toilets to a number of public housing estates in Kwai Chung and Tsing Yi districts over the past eight years. In this connection, will the Government inform this Council of:

  1. the details about the disruption of sea water supply in Tai Wo Hau Estate, On Yam Estate, Cheung Hang Estate, Shek Lei Estate and Cheung Ching Estate; and the reasons for the frequent disruptions in these housing estates; and

  2. the improvement plans in place and the anticipated completion date for such plans?
Public Officer to reply : Secretary for Housing

*For written reply.

III. Bills

First Reading

Industrial Training (Clothing Industry) (Amendment) Bill 1999

Second Reading (Debate to be adjourned)

Industrial Training (Clothing Industry) (Amendment) Bill 1999 : Secretary for Trade and Industry

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

1. Customs and Excise Service Children's Education Trust Fund Bill :Secretary for Trade and Industry

2. Protection of the Harbour (Amendment) Bill 1999:Secretary for Planning, Environment and Lands

3. Adaptation of Laws (No.29) Bill 1999:Secretary for Security

IV. Motions

Proposed resolution under the Factories and Industrial Undertakings Ordinance

Secretary for Education and Manpower to move the following motion:

RESOLVED that the Factories and Industrial Undertakings (Safety Management) Regulation, made by the Commissioner for Labour on 8 November 1999, be approved.(The Factories and Industrial Undertakings (Safety Management) Regulation has been circulated on 10 November 1999 under LC Paper CB(3) 191/99-00)

V. Members' Motions

1. Freezing and reducing fees and charges

Hon LEE Wing-tat: (Translation)

That, in view of the uncertain economic prospects and the persistently high unemployment rate in Hong Kong, this Council asks the Government to continue to freeze the various government fees and charges relating to people's livelihood in the year 2000 and urges the various public utility corporations to reduce their charges in the coming year, in order not to increase the burden on the public and slow down Hong Kong's economic recovery.

Amendment to Hon LEE Wing-tat's motion

Hon HO Sai-chu: (Translation)

To delete "in view of the uncertain economic prospects" and substitute with "as the local economy has not fully recovered"; to delete "persistently high"; to delete "in Hong Kong" and substitute with "remains persistently high"; to add "trades and industries as well as" after "the various government fees and charges relating to"; to delete "reduce" from "urges the various public utility corporations to reduce their charges" and substitute with "freeze"; and to add "the commercial and industrial sectors as well as" after "in order not to increase the burden on".

Public Officer to attend : Secretary for the Treasury

2. Allocation of secondary school places to boys and girls

Hon Christine LOH:

That this Council urges the Administration to fulfill its responsibility under the law and remove the discriminatory elements in the Secondary School Places Allocation System, and to ensure that, from the year 2000, boys and girls are placed into secondary schools in a manner that does not unlawfully discriminate against either sex.

Public Officer to attend : Secretary for Education and Manpower

Clerk to the Legislative Council