Council Meeting ( Agenda ) 4 July 2001

A 00/01-36(1)

Legislative Council

Agenda

Wednesday 4 July 2001 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments	L.N. No.
Tax Reserve Certificates (Rate of Interest) (No. 7) Notice 2001	151/2001

Other Papers

1. No.97	-	Hong Kong Export Credit Insurance Corporation Annual Report 2000-2001
(to be presented by Secretary for Commerce and Industry)
2. No.98	-	Sir David Trench Fund for Recreation Trustee's Report 2000-2001
(to be presented by Secretary for Home Affairs)
3. No.99	-	Report of the Public Accounts Committee on Report No. 36 of the Director of Audit on the Results of Value for Money Audits (July 2001 - P.A.C. Report No. 36)
(to be presented by Hon Eric LI, Chairman of the Public Accounts Committee, who will address the Council)
4. Report of the Panel on Manpower 2000/2001 (to be presented by Hon LAU Chin-shek, Chairman of the Panel, who will address the Council)
5. Report of the Panel on Commerce and Industry 2000/2001 (to be presented by Hon Kenneth TING, Chairman of the Panel, who will address the Council)
6. Report of the Panel on Public Service 2000/2001 (to be presented by Hon TAM Yiu-chung, Chairman of the Panel, who will address the Council)
7. Report of the Panel on Administration of Justice and Legal Services 2000/2001 (to be presented by Hon Margaret NG, Chairman of the Panel, who will address the Council)
8. Report of the Panel on Transport 2000/2001 (to be presented by Hon Mrs Miriam LAU, Chairman of the Panel, who will address the Council)
9. Report of the Panel on Security 2000/2001 (to be presented by Hon LAU Kong-wah, Chairman of the Panel, who will address the Council)
10. Report of the Panel on Constitutional Affairs 2000/2001 (to be presented by Hon Andrew WONG, Chairman of the Panel, who will address the Council)
11. Report of the Panel on Food Safety and Environmental Hygiene 2000/2001 (to be presented by Hon Fred LI, Chairman of the Panel, who will address the Council)
12. Report of the Panel on Education 2000/2001 (to be presented by Hon Dr Hon YEUNG Sum, Chairman of the Panel, who will address the Council)
13. Report of the Panel on Planning, Lands and Works 2000/2001 (to be presented by Dr Hon TANG Siu-tong, Chairman of the Panel, who will address the Council)
14. Report of the Panel on Health Services 2000/2001 (to be presented by Hon Mrs Sophie LEUNG, Chairman of the Panel, who will address the Council)
15. Report on the Financial Systems in the United Kingdom and the United States of America based on the findings of the overseas duty visit paid by the delegation of the Financial Affairs Panel and the Bills Committee on Securities and Futures Bill and Banking (Amendment) Bill 2000 in April 2001 (to be presented by Hon Ambrose LAU, Leader of the delegation, who will address the Council)
16. Report of the Bills Committee on Dutiable Commodities (Amendment) Bill 2001 (to be presented by Hon Kenneth TING, Chairman of the Bills Committee)
17. Report of the Bills Committee on Attachment of Income Orders (Amendment) Bill 2001 (to be presented by Hon Albert HO, Chairman of the Bills Committee)

II. Questions

1. Hon LAU Chin-shek to ask: (Translation)

It was reported that a recent study had found high levels of carcinogenic gas build-up in liquefied petroleum gas ("LPG") taxis while in operation, and the cumulative amount of carcinogenic gases inhaled over ten years by drivers of LPG taxis might exceed the standards set by the Environmental Protection Agency of the United States and result in their developing cancers. In this connection, will the Government inform this Council:

(a)	whether it has received the report of the above-mentioned study; if so, when it received the report and whether and when it will make the report public; if it will not, of the reasons for that;
(b)	whether it will defer implementing the scheme for replacing diesel taxis with LPG taxis; if so, of the details; if not, the reasons for that; and
(c)	of the specific measures to reduce the cancer risks to which drivers of LPG taxis are exposed?

Public Officer to reply: Secretary for the Environment and Food

2. Hon LEE Cheuk-yan to ask: (Translation)

Last year, an old man suffering from senile dementia was accidentally strangled by the straps of a strait jacket (commonly known as "safety jacket") in a private care-and-attention home for the elderly ("PCHE"). In connection with the service quality of PCHEs, will the Government inform this Council:

(a)	of the measures to ensure that strait jackets used in PCHEs comply with safety standards, and that decisions on whether individual elderly inmates need to wear strait jackets are made by properly-trained care workers and that these jackets are put on for them by such workers; and the measures in place to enhance training for care workers;
(b)	whether it has assessed if the working hours of care workers in PCHEs are too long and their workload too heavy, and whether these conditions have an impact on the service quality; if there is such an impact, of the measures to reduce the working hours and workload of care workers; and
(c)	whether, to avoid PCHE operators choosing to provide inferior services for lower fees and ensure that the elderly in need can receive better care and attention, it will consider increasing the rate of the Comprehensive Social Security Assistance for old people living in PCHEs?

Public Officer to reply : Secretary for Health and Welfare

3. Hon Ambrose LAU to ask: (Translation)

The Competition Features of the West Kowloon Reclamation Concept Plan Competition stipulate that the heads of the Planning Department, the Architectural Services Department and the Leisure and Cultural Services Department will be the chairman and members of the Technical Panel respectively and, for this reason, employees of these Departments may not enter the competition. With regard to encouraging qualified planners or architects to enter the planning competition, will the Government inform this Council:

(a)

given that the main role of the Technical Panel is only to provide advice to the Jury on the technical assessments of individual submissions and it will not take part in deciding on the winners of the competition, and that all submissions must be made anonymously, of the justifications for excluding the planners and architects of these government departments from the competition, and the number of competitions organized in the past three years by government departments in which employees of the relevant departments were also precluded from entry, together with details of these competitions; and

(b)

of the measures to encourage qualified local planners or architects to actively enter the competition; and the effectiveness of these measures?

Public Officer to reply : Secretary for Planning and Lands

4. Hon Mrs Selina CHOW to ask: (Translation)

People in the retail industry have reflected to me that shop thefts are common not only in shops with fewer assistants, but also in those with more assistants and a large customer flow, and as a result shop operators and assistants are subject to unnecessary pressure when the economic conditions are unfavourable. In this connection, will the Government inform this Council:

(a)	of the total value of the goods stolen from shops in the past three years;
(b)	whether it has identified the locations and categories of shops which have a higher incidence of shop thefts, and whether it has discussed with retail trade associations ways to strengthen anti-theft devices and measures in shops; and
(c)	whether it has stepped up actions to combat shop thefts, and whether it has assessed if the existing penalties have adequate deterrent effects?

Public Officer to reply : Secretary for Security

5. Hon Kenneth TING to ask: (Translation)

It has been reported that as a Korean shipping company encountered debt problems, some container terminal operators in the territory and the Mainland demanded that local consignors pay the relevant fees on behalf of the shipping company before allowing them to collect the cargoes shipped to the terminals concerned by that company, but those fees were much higher than the normal terminal handling charges on shipping companies. In this connection, will the Government inform this Council whether it has assessed how it can assist local consignors in such incidents and prevent the recurrence of similar incidents, with a view to protecting the rights and interests of local consignors?

Public Officer to reply : Secretary for Economic Services

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

In respect of regulating the sale of lottery tickets by charitable organizations, will the Government inform this Council:

(a)	of the existing mechanism for regulating the sale of lottery tickets by charitable organizations and ensuring the proceeds so generated will be used for charitable purposes only;
(b)	whether it has received complaints in the past three years about charitable organizations recruiting members of the public to tout lottery tickets for them in public places by offering commissions on the basis of the number of lottery tickets sold; if so, of the details, the follow-up actions taken and the results in respect of each complaint; and
(c)	whether charitable organizations are required to take out employees' compensation insurance for the persons who tout lottery tickets for them in public places; if so, how the Administration ensures their compliance with the requirement; if not, of the reasons for that?

Public Officer to reply : Secretary for Home Affairs

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

Will the Government inform this Council of the number of first-time visitors to Hong Kong and, among them, the respective numbers of those from the Mainland and other places, in each of the past five years?

Public Officer to reply : Secretary for Economic Services

*8. Dr Hon LO Wing-lok to ask: (Translation)

It has been reported that the bodies of about 6 000 dead babies were collected in the 1950s and 1960s from hospitals in Hong Kong, Australia, Canada, Britain and South America etc, for conducting radiation experiments in a project known as "Project Sunshine" of the United States Department of Energy. In this connection, will the Government inform this Council:

(a)	of the normal procedure adopted by public hospitals in handling the bodies of dead babies in the 1950s and 1960s;
(b)	whether it has investigated the details of the above incident in respect of the bodies of dead babies from Hong Kong, including the number of dead babies of Hong Kong or parts of their bodies that were shipped overseas, whether the authorities concerned had notified the families of the dead babies and obtained their consent beforehand, and whether such a practice was in violation of the legislation at that time; and
(c)	of the existing procedure for handling the bodies of dead babies; and the monitoring mechanism currently in place to prevent them from being used for experimental purposes without the consent of their families?

Public Officer to reply : Secretary for Health and Welfare

*9. Hon Henry WU to ask: (Translation)

Regarding the levy of estate duty, will the Government inform this Council:

(a)	of the number of estate duty cases and the total amount collected in each of the past three years, broken down by bands of $2.5 million each;
(b)	of the expenditure on levying estate duty, and its ratio to the total amount of estate duty collected, in each of the past three years; and
(c)	whether it will review the cost-effectiveness of levying estate duty; if it will, of the timetable for the review; if not, the reasons for that?

Public Officer to reply : Secretary for the Treasury

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

Will the Government inform this Council whether it knows the respective percentages of psychotropic substance abusers in the populations of the United States, the United Kingdom and other advanced countries in Europe and America, and how these percentages compare to that of Hong Kong, with the comparative figures broken down by age groups?

Public Officer to reply : Secretary for Security

*11. Hon Emily LAU to ask:

The results of the first Language Proficiency Assessment for Teachers (English Language) announced on 8 June showed that the respective passing rates for the papers on Writing and Speaking were 33% and 50% only. In this connection, will the Executive Authorities inform this Council:

(a)	of their assessment of the results of these papers;
(b)	of the percentage of candidates who are unrelated to the teaching profession;
(c)	of the measures that will be taken to upgrade the standard of English of those teachers not meeting the language proficiency requirements;
(d)	of the number of teachers who have enrolled in authorized Language Proficiency Training Courses, and the number of such courses cancelled due to under subscription; and
(e)	whether they will urgently explore additional ways to attract people with a good command of English to join the teaching profession?

Public Officer to reply : Secretary for Education and Manpower

*12. Hon Kenneth TING to ask: (Translation)

It is learnt that Hong Kong manufacturers who intend to co-operate with foreign investors or Mainland enterprises with a view to developing new products with the latter's funds or technologies may submit relevant proposals to Invest Hong Kong ("IHK") to seek joint venture opportunities. In this connection, will the Government inform this Council:

(a)	of the average time required by IHK to handle each proposal submitted by manufacturers to seek joint venture partners; and
(b)	how it will promote the aforesaid scheme among the business community?

Public Officer to reply : Secretary for Commerce and Industry

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

Article 22(3) of the Basic Law stipulates that all offices set up in the Hong Kong Special Administrative Region ("HKSAR") by departments of the Central Government ("CG's offices") and the personnel of these offices shall abide by the laws of the HKSAR. In this connection, will the Executive Authorities inform this Council:

(a)	of the ordinances and subsidiary legislation of the HKSAR that explicitly bind the CG's offices in the HKSAR and their personnel;
(b)	given that the HKSAR has already been established for four years, of the reasons why the Executive Authorities have hardly made any progress in amending legislation to stipulate that the CG's offices in the HKSAR are bound by it; and
(c)	of the measures in place to remove the impression generally held by the community that the CG's offices in the HKSAR and their personnel are not required to abide by the laws of the HKSAR?

Public Officer to reply : Secretary for Constitutional Affairs

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

In his 2000 Policy Address, the Chief Executive indicated that he had "urged our numerous advisory boards and committees to co-opt more distinguished young members of the community so that we can get a better perspective of the views and aspirations of the younger generation". In this connection, will the Government inform this Council, among the persons appointed to various advisory boards and committees since October last year, of the respective numbers of young people who were, at the time of their appointment:

(a)	above 25 but below 35; and
(b)	25 or below?

Public Officer to reply : Secretary for Home Affairs

*15. Hon LAU Ping-cheung to ask: (Translation)

It was reported that the lengths of soil nails used in some of the completed slope stabilization works commissioned by the Government ("Government slope stabilization works") had been recently found to be not meeting the specifications. In this connection, will the Government inform this Council:

(a)	of the number of Government slope stabilization projects in the past three years in which soil nails were used;
(b)	whether, in inspecting and accepting Government slope stabilization works, over the last three years, the authorities have detected any cases involving the use of soil nails shorter than the required length; if so, of the number of slopes involved and the follow-up actions taken;
(c)	of the ways to ensure that Government slope stabilization works comply with design requirements in the inspection and acceptance of such works, and whether the inspection and acceptance procedure will be strengthened; if so, of the details; and
(d)	whether it plans to check again the soil nails used in all completed Government slope stabilization works throughout the territory to ensure slope safety?

Public Officer to reply : Secretary for Works

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

It has been reported that a United Kingdom Government web-site for providing various e-government services was found to allow entry of, and access to its services, only by those people who used designated computer operating systems and Internet browsers. Regarding the provision of public services to users of different computer operating systems and browsers, will the Government inform this Council whether:

(a)	tests have been conducted to confirm that the web-site of the Electronic Service Delivery Scheme can provide services for users of any types of computer operating systems and browsers; if test results show that it cannot, of the improvement measures to be taken, and of the number and details of complaints received in this regard last year; and
(b)	guidelines have been issued to various government departments and relevant organizations to draw their attention to the importance of ensuring the compatibility of their web-sites with various types of computer operating systems or browsers, when setting up web-sites for providing public services?

Public Officer to reply : Secretary for Information Technology and Broadcasting

*17. Hon LAU Ping-cheung to ask: (Translation)

Regarding the West Kowloon Reclamation Concept Plan Competition, will the Government inform this Council:

(a)	whether it has taken the initiative to invite individual institutions, architects or planners to participate in the competition; if so, of the respective numbers of local and overseas institutions, architects or planners on the invitation list;
(b)	of a breakdown, by country or place of origin, of the overseas institutions, architects or planners invited; and
(c)	of the criteria adopted for determining the invitation list, and the reasons for not including such criteria in the entry requirements so as to raise the standards of entries for the competition?

Public Officer to reply : Secretary for Planning and Lands

*18. Hon Fred LI to ask: (Translation)

Will the Government inform this Council of the respective countries or territories with which it has concluded Air Services Agreements involving fifth freedom traffic rights (i.e. rights of the airlines of one party to carry traffic between the territory of the second party and the territory of a third party whilst operating from or to the territory of the first party) in each year since January 1999 and, for each Agreement, state whether it is about passenger or cargo services?

Public Officer to reply : Secretary for Economic Services

*19. Hon Albert CHAN to ask: (Translation)

A number of residential estates under the flight paths have been completed successively since the opening of the Hong Kong International Airport at Chek Lap Kok. Many residents had no knowledge of the noise levels under the flight paths when they bought the units in those estates and became aware of the seriousness of aircraft noise only after moving in. In this connection, will the Government inform this Council:

(a)	of the areas (please provide detailed locations within the area) in which the highest aircraft noise levels recorded exceeded 70 decibels and the highest noise level of each area last year; and
(b)	whether it has regularly published the information on the noise levels of the areas under the flight paths so that people who are sensitive to noise can make an informed choice when choosing their places of residence?

Public Officer to reply : Secretary for Economic Services

*For written reply.

III. Bills

First Reading

1. Statute Law (Miscellaneous Provisions) Bill 2001

2. Fire Services (Amendment) Bill 2001

Second Reading (Debates to be adjourned)

1. Statute Law (Miscellaneous Provisions) Bill 2001	:	Secretary for Justice
2. Fire Services (Amendment) Bill 2001	:	Secretary for Security

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

1. Dutiable Commodities (Amendment) Bill 2001	:	Secretary for Commerce and Industry
2. Attachment of Income Orders (Amendment) Bill 2001	:	Secretary for Home Affairs

IV. Motions

1. Proposed resolution under the Disability Discrimination Ordinance

Secretary for Health and Welfare to move the motion the content of which was contained in the paper issued on 29 June 2001 under LC Paper No. CB(3) 876/00-01

2. Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for Information Technology and Broadcasting to move the motion the content of which was contained in the paper issued on 27 June 2001 under LC Paper No. CB(3) 849/00-01

V. Members' Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon Mrs Selina CHOW to move the following motion:

RESOLVED that in relation to the

(a)	Merchant Shipping (Seafarers) (Ro-Ro Passenger Ships?Training) (Amendment) Regulation 2001, published in the Gazette as Legal Notice No. 104 of 2001;
(b)	Merchant Shipping (Seafarers) (Passenger Ships Other Than Ro-Ro Passenger Ships?Training) Regulation, published in the Gazette as Legal Notice No. 105 of 2001;
(c)	Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built Before 1 September 1984) (Amendment) Regulation 2001, published in the Gazette as Legal Notice No. 106 of 2001;
(d)	Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built On or After 1 September 1984) (Amendment) Regulation 2001, published in the Gazette as Legal Notice No. 107 of 2001;
(e)	Merchant Shipping (Safety) (Passenger Ship Construction) (Ships Built Before 1 September 1984) (Amendment) Regulation 2001, published in the Gazette as Legal Notice No. 108 of 2001;
(f)	Merchant Shipping (Safety) (Passenger Ship Construction and Survey) (Ships Built On or After 1 September 1984) (Amendment) Regulation 2001, published in the Gazette as Legal Notice No. 109 of 2001;
(g)	Merchant Shipping (Safety) (Musters and Training) (Amendment) Regulation 2001, published in the Gazette as Legal Notice No. 110 of 2001;
(h)	Freight Containers (Safety) (Applications for Approval of Containers) Regulation, published in the Gazette as Legal Notice No. 111 of 2001;
(i)	Freight Containers (Safety) (Fees) Regulation, published in the Gazette as Legal Notice No. 112 of 2001;
(j)	Freight Containers (Safety) (Arrangements for Authorized Persons) Order, published in the Gazette as Legal Notice No. 113 of 2001; and
(k)	Freight Containers (Safety) (Examination Procedure) Order, published in the Gazette as Legal Notice No. 114 of 2001,

and laid on the table of the Legislative Council on 6 June 2001, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 11 July 2001.

2. Proposed resolution under Article 159 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

Hon LEUNG Yiu-chung to move the following motion:

RESOLVED that this Council consents to forwarding the following amendments to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China to the delegation of the Hong Kong Special Administrative Region to the National People's Congress, for submission to the National People's Congress -"Article 1Article 45 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China which provides that "The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government." "The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures." "The specific method for selecting the Chief Executive is prescribed in Annex I 'Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region'," shall be amended as: "The Chief Executive of the Hong Kong Special Administrative Region shall be selected by universal suffrage held locally and be appointed by the Central People's Government." "The specific voting method for selecting the Chief Executive shall be prescribed by an electoral law enacted by the Hong Kong Special Administrative Region in accordance with the principles of democracy and openness." "The first Chief Executive shall be selected in accordance with the Decision of the National People's Congress on the Method for the Formation of the First Government and the First Legislative Council of the Hong Kong Special Administrative Region."Article 2Annex I of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China shall be deleted.".

Public Officer to attend : Secretary for Constitutional Affairs

3. Reviewing the compensation policy on land resumption

Hon Albert CHAN: (Translation)

That, as the resumption of land by the Government for infrastructural projects or development will affect the original agricultural, industrial or commercial development on the land and will even lead to the closure of many enterprises, this Council urges the Government to expeditiously review the compensation policy on land resumption and the relevant administrative arrangements in order to assist as far as possible the operators who are affected by the resumption and reduce its impact on them, thereby ensuring that they can continue with or resume their operations.

Public Officer to attend : Secretary for Planning and Lands

4. Expeditiously improving flood prevention and relief work

Dr Hon TANG Siu-tong: (Translation)

That, as the Government has failed to effectively monitor the implementation and progress of flood prevention works, resulting in residents in various districts of Hong Kong (especially the North and North West New Territories) suffering losses due to serious flooding, this Council requests the Government to expeditiously improve flood prevention and relief work, including:

(a)	closely monitoring the implementation of various flood prevention projects, which include preventing the blockage of drainage channels by mud and gravel from work sites, temporary facilities, construction materials and machinery, etc.;
(b)	improving the existing mechanisms for land resumption, compensation and rehousing, and allocating additional resources to speed up the flood prevention projects while, at the same time, adopting measures to safeguard against delays of such projects due to the shortage of funds and inadequate technology on the part of the contractors;
(c)	thoroughly investigating the causes of recurrent flooding in various areas over the years, and formulating a comprehensive contingency plan covering flood forecasting, flood prevention and relief work;
(d)	identifying the responsibilities of the parties concerned for the recent occurrence of widespread flooding, and assisting the affected residents in seeking reasonable compensation; and
(e)	expeditiously cleaning up the environmental blackspots which affect the flood prevention projects in the New Territories, and stepping up maintenance and clearance works on drainage systems before the approach of the rainy season.

Amendment to Dr Hon TANG Siu-tong's motion

Hon WONG Sing-chi:

: Secretary for Works

Clerk to the Legislative Council

Legislative Council

Agenda Wednesday 4 July 2001 at 2:30 pm

Agenda

Wednesday 4 July 2001 at 2:30 pm