A 99/00-17(1)
Legislative Council
Agenda
Wednesday 26 January 2000 at 2:30 pm
I. Tabling of Papers
Subsidiary Legislation / Instruments | L.N. No.
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1. | Legislative Council (Formation of Election Committee) (Appeals) (Amendment) Regulation 2000 | 13/2000
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2. | Legislative Council (Subscribers and Election Deposit for Nomination) (Amendment) Regulation 2000 | 14/2000
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3. | Distribution of Number of Members Among Designated Bodies (Election Committee) (Legislative Council) Order 2000 | 15/2000
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4. | Maximum Scale of Election Expenses (Legislative Council) Order 1997 (Amendment) Order 2000 | 16/2000
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5. | Estate Agents (Registration of Determination and Appeal) Regulation | 17/2000
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6. | Census and Statistics (Labour Earnings Survey) Order | 18/2000
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7. | Companies Ordinance (Amendment of Eighth Schedule) Order 2000 | 19/2000
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Other Papers
1. No.63 | - | Occupational Deafness Compensation Board Annual Report 1998-99
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(to be presented by Secretary for Education and Manpower)
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2. No.64 | - | Employees Compensation Assistance Fund Board Annual Report 1997/98
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(to be presented by Secretary for Education and Manpower)
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3. No.65 | - | Annual Report of the Protection of Wages on Insolvency Fund Board 1998-99
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(to be presented by Secretary for Education and Manpower)
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4. No.66 | - | Pneumoconiosis Compensation Fund Board 1998 Annual Report
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(to be presented by Secretary for Education and Manpower)
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5. No.67 | - | Hong Kong Arts Development Council Annual Report 1998/1999
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(to be presented by Secretary for Home Affairs)
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6. No.68 | - | The Hong Kong Academy for Performing Arts Annual Report 1998-1999
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(to be presented by Secretary for Home Affairs)
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7. No.69 | - | The Hong Kong Academy for Performing Arts - Financial Statements and Auditor's Report for the year ended 30th June 1999
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(to be presented by Secretary for Home Affairs)
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8. No.70 | - | Li Po Chun Charitable Trust Fund Annual Report for the period 1 September 1998 to 31 August 1999
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(to be presented by Secretary for Home Affairs)
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9.Report of the Bills Committee on Hong Kong Arts Development Council (Amendment) Bill 1999 (to be presented by Hon Timothy FOK Tsun-ting, Chairman of the Bills Committee)
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II. Questions
1. Hon YEUNG Yiu-chung to ask: (Translation)
In view of the imminent completion of the six-month Youth Pre-employment Training Programme, will the Government inform this Council:
- of the respective preliminary comments on the Programme given by the organizations offering the workplace attachment places and the Programme participants, as well as the criteria it will adopt for evaluating the effectiveness of the Programme;
- how it will assist the participants who have completed the Programme in seeking employment; and
- given that the age profile of the unemployed population in Hong Kong is becoming younger, whether it has assessed if the Programme is effective in tackling the problem of youth unemployment?
Public Officer to reply
: Secretary for Education and Manpower
2. Hon Timothy FOK Tsun-ting to ask: (Translation)
Will the Government inform this Council whether there are plans to make certain trails in the country parks available to down-hill and track cyclists; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs
3. Hon CHAN Kam-lam to ask: (Translation)
According to the press, the State Economic and Trade Commission has decided to phase in from this year a total ban on the use of styrofoam containers for storage of food. In this connection, will the Government inform this Council:
- whether it has plans to follow the Mainland's practice of prohibiting eateries from using styrofoam containers for storage of food; if it has no plans, of the reasons for that;
- of the specific measures in place to encourage eateries to use more environmental-friendly tableware; and
- whether it has plans to levy a surcharge on styrofoam products payable by manufacturers to cover the costs for the eventual disposal of such styrofoam products and also to reduce the use of styrofoam?
Public Officer to reply
: Secretary for the Environment and Food
4. Hon Emily LAU to ask: (Translation)
Regarding the practice of euthanasia in Hong Kong, will the Executive Authorities inform this Council whether:
- they have conducted studies on this issue; if so, of the findings; and if they have plans to consult the public on whether euthanasia should be allowed;
- they know the guidelines issued by the Hospital Authority to health care personnel on matters relating to the treatment of patients who have little chance of recovery; and
- they know if the details of the amendments recently made by the Medical Council of Hong Kong to the Professional Code and Conduct for the Guidance of Registered Medical Practitioners, which permit doctors to perform passive euthanasia; and the reasons for making the amendments?
Public Officer to reply
: Secretary for Health and Welfare
5. Hon SIN Chung-kai to ask: (Translation)
Will the Government inform this Council of:
- the number of occasions on which government officials of the rank of department Head or above attended commercial promotional events organised by commercial organisations within their respective purviews in the past year;
- the guidelines governing attendance by senior officials at such events, and whether such guidelines require the officials concerned to declare their attendance at such events; and
- the measures in place to ensure that attendance by senior officials at such events will not give rise to any misunderstandings by the public that the products or services of the organisations concerned are endorsed or recommended by the Government?
Public Officer to reply
: Secretary for the Civil Service
6. Hon LEUNG Yiu-chung to ask: (Translation)
The Steering Committee on the Workplace English Campaign plans to promote benchmark tests for workplace English standards among employees of various occupations. In this connection, will the Government inform this Council:
- given that the labour sector is not represented on the Steering Committee, how it will ensure that the opinions of basic level workers are considered by the Steering Committee;
- of the measures in place to prevent employers from reducing or freezing the employees' salary, or even making them redundant, on the pretext that the employees' command of English is not up to the standards set by the benchmark tests; and
- whether it will require employers to grant paid leaves to enable employees to attend English courses in preparation for the tests; if it will, of the details; if it will not, the reasons for that?
Public Officer to reply
: Secretary for Education and Manpower
*7. Hon WONG Yung-kan to ask: (Translation)
There have been outbreaks of influenza in a number of countries recently, and the number of influenza cases in Hong Kong recorded by the influenza-like-illness surveillance mechanism of the Department of Health ("DH") has also been on the rise. In this connection, will the Government inform this Council:
- of the number of persons aged 60 or above who were given influenza vaccination by the DH in each of the past three years; the respective percentages of these numbers in the population of this age group in the corresponding years;
- of the plans of the DH to co-ordinate public and private medical institutions to cope with the seasonal peaks of influenza; and
- whether it knows the contingency plans of the Hospital Authority for coping with massive hospitalization of influenza-infected persons?
Public Officer to reply
: Secretary for Health and Welfare
*8. Hon James TIEN to ask: (Translation)
At present, international commercial activities conducted by electronic means are increasingly common, and there are reports that there are difficulties in levying taxes on the profits derived from such activities. In this connection, will the Government inform this Council of the difficulties in levying taxes payable in respect of such commercial activities, and of the Administration's plan to overcome such difficulties?
Public Officer to reply : Secretary for the Treasury
*9. Hon YEUNG Yiu-chung to ask: (Translation)
Will the Government inform this Council whether:
- it has plans to regulate through legislation the trade descriptions of the composition and curative effects of health food products, and to conduct tests on the claims of such trade descriptions; if it has, of the details of the plans; if not, the reasons for that; and
- it has a mechanism for investigating claims that certain health food products have been accredited by overseas food authorities; if it has, of the details, and the number of prosecutions instituted against persons making false claims of this kind in the past three years; if not, whether it will consider establishing such a mechanism?
Public Officer to reply
: Secretary for the Environment and Food
*10. Hon Christine LOH to ask:
The School-Based Support Scheme provides grants to schools for intake of children who were born in and have newly arrived from the Mainland. In this connection, will the Administration inform this Council:
- of the reasons for excluding newly arrived children who were not born in the Mainland from the Scheme, and whether it will consider including them in the Scheme;
- of the measures it has taken and will take to meet the special education needs of those newly arrived children who have been excluded from the Scheme; and
- whether it has assessed if the exclusion of non-Mainland-born children from the Scheme is in breach of the relevant provisions in the Hong Kong Bill of Rights Ordinance (Cap. 383); if the assessment result is in the negative, of the rationale for that?
Public Officer to reply
: Secretary for Education and Manpower
*11. Hon LAU Kong-wah to ask: (Translation)
In connection with drink driving, will the Government inform this Council:
- of the respective numbers of persons who were required by the Police to undergo screening breath tests within the three months before and after the new drink driving legislation came into operation on 1 October 1999, and among them, of the respective numbers of persons who were found to have alcohol concentrations exceeding the prescribed limits under the then effective legislation; of the respective numbers of persons whose breath specimens obtained in screening breath tests were found to contain 21 to 25μg; 26 to 30μg; 31 to 35μg; and more than 35μg of alcohol per 100 ml of breath in the three months after the new legislation had come into operation;
- of the number of persons who were found to have alcohol concentrations exceeding the new prescribed limits during the last Christmas and New Year holidays, the percentage of this number in the total number of persons who were subjected to screening breath tests during that period; how the number and the percentage compare to the corresponding figures for the previous Christmas and New Year holidays;
- of a monthly breakdown for the past year, by age groups of five-year bands, of the number of persons found to have alcohol concentrations exceeding the prescribed limits then in effect; whether these figures indicate that the average age of such offenders is getting younger; if there is such a trend, whether the Administration will step up its efforts to promote the message that "drive-and-drink should-not-mix" among young drivers; and
- whether there are plans to step up publicity efforts to caution the public about the risk of drink driving?
Public Officer to reply
: Secretary for Transport
*12. Hon Emily LAU to ask:
In connection with the change of name of the Hong Kong Branch of the Xinhua News Agency, will the Executive Authorities inform this Council:
- whether they know if the functions of the renamed organization have been changed;
- whether the renamed organization will still be recognized as an organ of the Central People's Government or accorded the status as such;
- whether the organization has sought the consent of the Hong Kong Special Administrative Region ("HKSAR") Government for it to change its name, in accordance with the spirit of Article 22 of the Basic Law, which has a stipulation that the consent of the HKSAR Government must be obtained for departments of the Central Government, or for provinces, autonomous regions or municipalities directly under the Central Government to set up offices in the HKSAR; if it has not, of the reasons for that; and
- of the measures the executive authorities will take to ensure that the renamed organization will only engage in liaison work, so as to avoid giving the public the impression that it has a higher authority than the HKSAR Government or is in effect an alternative centre of power in Hong Kong?
Public Officer to reply
: Secretary for Constitutional Affairs
*13. Hon Christine LOH to ask:
Regarding the Government's effort to eliminate discrimination against women, will the Administration inform this Council:
- of the women's issues discussed last year by the Policy Groups which are chaired by the Chief Secretary for Administration and attended by senior representatives of policy bureaux;
- of the conclusions reached and recommendations made in these discussions, and the new initiatives taken to implement such recommendations; and
- of the Policy Groups' timetables for discussing the removal of the reservations and declarations entered by Hong Kong to the Convention on the Elimination of All Forms of Discrimination against Women in its application to Hong Kong?
Public Officer to reply
: Secretary for Home Affairs
*14. Ir Dr Hon HO Chung-tai to ask: (Translation)
A fire broke out on 7th this month in a Congestion Relief Works site at the North Point Station of the Island Line of the Mass Transit Railway Corporation ("MTRC"). In this connection, will the Government inform this Council:
- of the number of fire outbreaks since the Mass Transit Railway came into operation and the resultant casualties; and
- whether it knows:
- if MTRC has formulated plans for evacuating passengers in case of fire; if it has, the details; if it has not, the reasons for that; and whether MTRC has made reference to overseas experience in formulating the plan; if it has not, the reasons for that;
- if MTRC has carried out regular drills on fire safety and passenger evacuation; if it has not, the reasons for that; and
- the channels adopted by MTRC to instruct passengers of the means of escape in case of fires; if no such instructions have been made, the reasons for that?
Public Officer to reply
: Secretary for Transport
*15. Hon SIN Chung-kai to ask: (Translation)
It was reported that a computer system of the Hong Kong Futures Exchange ("HKFE") had failed on the 4th of this month. In this connection, will the Government inform this Council whether it knows:
- the details and causes of the computer system failure;
- the measures in place by the HKFE to prevent the recurrence of similar incidents; and
- the basis on which, in the event of a computer system failure, a financial institution regulated by the Securities and Futures Commission ("SFC") decides if the incident should be announced immediately, and whether the relevant institution should consult or seek approval of the SFC before making such a decision?
Public Officer to reply
: Secretary for Financial Services
*16. Dr Hon David LI to ask:
The Air Pollution Indexes recorded by general and roadside monitoring stations reached record level on 30 December last year and for several days following that. It was learnt that the poor air quality was caused by a very still wind condition and incoming air pollutants brought in by an air stream from the Pearl River Delta region. In this connection, will the Government inform this Council of the concerted efforts that the SAR Government and the Guangdong Provincial Government have made or will make in combating regional air pollution?
Public Officer to reply : Secretary for the Environment and Food
*17. Hon MA Fung-kwok to ask: (Translation)
Regarding the number, fire service installations and safety of cubicle apartments in private residential buildings, will the Government inform this Council whether:
- it has conducted surveys to find out the average number of cubicle apartments for separate occupation in private residential buildings in each of the past three years; whether the figures show an upward trend in the number of cubicle apartments; if so, of the reasons for that, and whether the increase in the number of new arrivals is one of the reasons;
- there is any legislation governing the fire service installations required in premises which have been partitioned into a number of cubicles; if there is, whether it plans to enhance law enforcement actions; if there are such plans, of the relevant details; if there is no such legislation, whether it will consider introducing legislation to that effect; and
- it has plans for stepping up promotional efforts to raise fire safety awareness among residents in cubicle apartments?
Public Officer to reply
: Secretary for Home Affairs
*18. Hon LAU Kong-wah to ask: (Translation)
On 6 January, a ferry from Cheung Chau to Central had an accident when it was about to berth at Central Pier 6, causing injuries to a number of passengers. In this connection, will the Government inform this Council:
- of the causes of the accident and whether human errors were involved;
- whether cushioning facilities at the pier concerned are adequate and up to the required safety standards;
- whether ferries plying inner harbour routes are being maintained and repaired on a regular basis; if so, of the details and the general breakdown rate of these ferries;
- of the measures it has adopted to minimize the possibility of passengers on ferries being injured in similar accidents; and
- whether it knows if the new company which has taken over the operation of ferry services since 15 January plans to redesign the existing ferry piers with a view to minimizing the possibility of accidents; if there are no such plans, of the reasons for that?
Public Officer to reply
: Secretary for Economic Services
*19. Hon MA Fung-kwok to ask: (Translation)
Recently a girl who had newly settled in Hong Kong committed suicide allegedly because of depression resulted from her having been discriminated against by fellow students at school. In this connection, will the Government inform this Council:
- whether it has assessed the difficulties encountered by the newly arrived children in adapting to school life in Hong Kong;
- of the support provided to the schools concerned, the newly arrived children and their parents to assist such children in adapting to school life; and
- the measures it has taken to promote mutual acceptance among students from different backgrounds?
Public Officer to reply
: Secretary for Education and Manpower
*20. Hon SZETO Wah to ask: (Translation)
At present, students who have obtained a total of 14 points or more in the best six subjects in one sitting at the Hong Kong Certificate of Education Examination ("HKCEE") may apply for admission to Secondary 6 classes in their own schools or linked schools in Stage I of the Secondary 6 admission procedure (hereinafter referred to as "Stage I"). Under such admission procedure, some secondary schools with relatively more students who have scored 14 points or more may have shortfalls in Secondary 6 school places, while others may have surpluses. A review will be conducted upon completion of the admission procedure each year to formulate the procedure for the following year. It was reported that plans are in the pipeline to redeploy resources by reducing the number of Secondary 6 classes in schools which have an admission rate below 50% in Stage I, and allowing schools which have shortfalls in school places to operate more Secondary 6 classes, in order that the overall number of students admitted to Secondary 6 classes in their own schools during Stage I can be increased. In this connection, will the Government inform this Council:
- of the progress of the review on the Secondary 6 admission procedure conducted by the Education Department last year; the expected timing for the completion of the review and the publication of the results; and whether and how a consultation will be conducted on the results of the review;
- of the number of secondary schools which have an admission rate below 50% during Stage I in each of the past three years; if there are plans to put into practice the proposal to cancel all Secondary 6 classes in these schools; if so, of the number of Secondary 6 classes to be reduced in these schools, and the number of secondary schools involved in the coming school year;
- of the number of secondary schools which have shortfalls in Secondary 6 school places during Stage I in each of the past three years; if the above resources redeployment proposal is put into practice, of the number of secondary schools which need to increase their Secondary 6 classes and the that of additional Secondary 6 classes in the coming school year;
- whether it will consider only increasing the number of Secondary 6 school places in secondary schools which have shortfalls in school places during Stage I, and not reducing the number of Secondary 6 school places in schools which have an admission rate below 50% in Stage I; and
- whether there are plans to encourage aided secondary schools to operate Secondary 6 classes on a self-financing basis; if so, of the details, the conditions an aided secondary school should fulfil before it is permitted to operate such classes, and how the authorities concerned will monitor the admission of students to such classes and the tuition fees to be charged?
Public Officer to reply
: Secretary for Education and Manpower
*For written reply.
III. Bills
First Reading
1. Intellectual Property (Miscellaneous Amendments) Bill 2000
2. Insurance Companies (Amendment) Bill 2000
3. Building Management (Amendment) Bill 2000
4. Dumping at Sea (Amendment) Bill 2000
5. Mental Health (Amendment) Bill 2000
Second Reading (Debates to be adjourned)
1. Intellectual Property (Miscellaneous Amendments) Bill 2000 | : | Secretary for Trade and Industry
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2. Insurance Companies (Amendment) Bill 2000 | : | Secretary for Financial Services
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3. Building Management (Amendment) Bill 2000 | : | Secretary for Home Affairs
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4. Dumping at Sea (Amendment) Bill 2000 | : | Secretary for the Environment and Food
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5. Mental Health (Amendment) Bill 2000 | : | Secretary for Health and Welfare
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Second Reading (Debate to resume), Committee Stage and Third Reading
Hong Kong Arts Development Council (Amendment) Bill 1999
: Secretary for Home Affairs
IV. Motions
Proposed resolution under the Pharmacy and Poisons Ordinance
Secretary for Health and Welfare to move the following motion:
RESOLVED that the following Regulations, made by the Pharmacy and Poisons Board on 4 January 2000, be approved -
- the Pharmacy and Poisons (Amendment) Regulation 2000; and
- the Poisons List (Amendment) Regulation 2000.
(The two Regulations have been issued on 14 January 2000 under LC Paper No. CB(3) 466/99-00)
V. Members' Motions
1. Motion on "Restructuring of Panels"
Dr Hon LEONG Che-hung to move the following motion:
That the schedule to the resolution on the "Formation of Panels" passed by the Legislative Council on 8 July 1998 pursuant to Rule 77(1) and (2) of the Rules of Procedure be amended as follows -
- In item 4, in the column of Policy Area in respect of the Panel on Home Affairs, by adding "the provision of leisure and cultural services as well as" before "matters relating to development of arts and culture, public entertainment, sport and recreation".
- In item 12, in the column of Corresponding Bureau/Body in respect of the Panel on Planning, Lands and Works, by deleting "(a) Planning, Environment and Lands Bureau" and substituting "(a) Planning and Lands Bureau".
- By deleting items 16 and 17 and substituting -
"16. Health Services
| (a) Health and Welfare Bureau
(b) Environment and Food Bureau
| Medical and health services, public health education, food safety, and agriculture and fisheries matters
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17. Environmental Affairs
| Environment and Food Bureau
| Environmental and conservation matters, and environmental hygiene".
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Amendment to Dr Hon LEONG Che-hung's motion
Hon Fred LI:
That the motion to be moved by Dr Hon LEONG Che-hung be amended as follows -
- By deleting paragraph c and substituting -
"c. In item 17, in the column of Corresponding Bureau/Body in respect of the Panel on Environmental Affairs, by deleting "Planning, Environment and Lands Bureau" and substituting "Environment and Food Bureau"".
- By adding a new paragraph d -
"d. By adding -
18. Food Safety and Environmental Hygiene | Environment and Food Bureau | Food safety, environmental hygiene, public health education, and agriculture and fisheries matters".
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2. Proposed resolution under the Legislative Council (Powers and Privileges) Ordinance
Hon Andrew CHENG to move the following motion:
RESOLVED that in relation to the resolution passed by the Legislative Council Panel on Home Affairs on 7 December 1999 requesting the Government to immediately provide the Panel with the Government Economist's feasibility evaluation report regarding the proposal for the Hong Kong Special Administrative Region to host the 2006 Asian Games and related matters, the Panel be authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of that Ordinance.
Public Officer to attend : Secretary for Home Affairs
3. Review of Buildings Ordinance
Ir Dr Hon HO Chung-tai: (Translation)
That, as the existing Buildings Ordinance was enacted many years ago and despite the amendments to certain provisions thereof and the related subsidiary legislation, the concerned legislation fails to meet the practical needs of present-day Hong Kong in the face of continuing and rapid economic development, social evolution, changes in the natural environment and technological advancements, this Council urges the Government to expeditiously conduct a comprehensive review and amend the Buildings Ordinance and related subsidiary legislation, so as to achieve the following targets:
- streamlining the vetting procedure and enhancing the powers and accountability of the professionals in order to ensure building safety;
- encouraging developers to adopt designs and use building materials that are environmentally friendly, easy to maintain and standardized;
- ensuring that future building developments tie in with the principles of sustainable development, including the protection of the environment and the promotion of economic development and advanced and new technologies; and
- enhancing the capability of future buildings in withstanding natural disasters such as earthquakes, flooding, subsidence and natural slope failure, etc..
Amendments to Ir Dr Hon HO Chung-tai's motion
- Hon Edward HO: (Translation)
To add "consult the industries concerned," after "Government to expeditiously"; to delete "so as to achieve the following targets" and substitute with "with the objectives of"; to delete "and enhancing the powers and accountability of the professionals in order to ensure building safety"; to add "(b) defining clearly the powers and responsibilities of authorized persons, registered engineers, other professionals and registered general building contractors or registered specialist contractors, in order to ensure building safety;" before "(b)"; to delete "(b)" from "(b) encouraging developers to adopt designs" and substitute with "(c)" ; to delete "encouraging" before "developers to adopt designs" and substitute with "providing incentives to encourage"; to delete ", easy to maintain and standardized"; to add "and" after "that are environmentally friendly;"; to delete "(c) ensuring that future building developments tie in with the principles of sustainable development, including the protection of the environment and the promotion of economic development and advanced and new technologies; and"; to add ",with regard to their structure and planning," after "capability of future buildings"; and to delete "." after "slope failure, etc." and substitute with ", meanwhile, the Government should ensure that future building developments tie in with the principles of sustainable development, including the protection of the environment and the promotion of economic development and advanced and new technologies.".
- Hon LEE Wing-tat: (Translation)
To delete "and" after "advanced and new technologies;" and to delete "." after "slope failure, etc." and substitute with "; and (e) imposing heavier penalty on building contractors and related persons who contravene the Buildings Ordinance or related subsidiary legislation.".
Public Officer to attend
: Secretary for Planning and Lands
4. Assisting import and export trade in seizing the opportunities created by China's accession to the World Trade Organization
Hon HUI Cheung-ching: (Translation)
That, in view of China's imminent accession to the World Trade Organization and the impact of new competition that Hong Kong's import and export trade has to face, this Council urges the Government and the relevant support organizations, apart from continuing to consolidate Hong Kong's established advantageous position and improve the local business environment, to exert all efforts to enhance the competitiveness of our import and export trade, thereby giving Hong Kong a head start in seizing any opportunities that may arise; to this end, the policies to be adopted should include:
- broadening and strengthening the connections between Hong Kong and the Mainland, including setting up more resident business liaison offices in key provinces and cities in the Mainland to provide up-to-date information for Hong Kong businessmen and assist them in exploring business opportunities and solving problems;
- enhancing Hong Kong's import and export services infrastructure in order to attract enterprises in the Mainland to patronize various import and export services provided in Hong Kong, including those in re-export, transportation, financing, insurance, logistics management, technical processing, quality accreditation and electronic transactions, etc.;
- implementing expeditiously infrastructural projects on cross-border transport and improving cross-border arrangements, including streamlining customs clearance procedures for passenger and freight transport between the Mainland and Hong Kong;
- stepping up trade promotion efforts, and in particular actively canvassing overseas enterprises to co-operate with Hong Kong enterprises (particularly those small and medium ones) in developing the Mainland market; and
- providing additional training and financial support, etc., to upgrade the standards of the trade in such areas as language proficiency, information technology, management, marketing and global vision.
Public Officer to attend
: Secretary for Trade and Industry
Clerk to the Legislative Council