A 00/01-22(1)

Legislative Council

Agenda

Wednesday 14 March 2001 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Public Revenue Protection (Revenue) Order 2001	61/2001
2.	Designation of Libraries Order 2001	62/2001
3.	Public Health and Municipal Services Ordinance (Civic Centres) (Amendment of Thirteenth Schedule) Order 2001	63/2001
4.	Audit Ordinance (Amendment of Schedule 1) Notice 2001	64/2001
5.	Factories and Industrial Undertakings Ordinance (Cap. 59) (Appointed Day under Section 6BA(17)) Notice	65/2001

Other Paper

Report of the Bills Committee on Hong Kong Tourist Association (Amendment) Bill 2001
(to be presented by Hon Howard YOUNG, Chairman of the Bills Committee)

II. Questions

1. Hon Tommy CHEUNG to ask: (Translation)

Regarding the fees and validity periods of various types of food business licences, will the Government inform this Council:

(a)	of the criteria adopted for determining the fees for various types of food business licences;
(b)	whether it will consider granting licensees who close their business before the expiry dates of their food business licences a pro rata refund of the licence fees based on the remaining validity period of the licences; and
(d)	given that the various types of full licences all have a validity period of one year, whether it will consider allowing licensees to opt for licences with shorter validity periods (for example, three or six months) when they renew their licences, so that the validity periods of such licences can tie in with the tenancy terms of their business premises?

Public Officer to reply : Secretary for the Environment and Food

2. Hon Audrey EU to ask: (Translation)

Twelve government departments have been approved by the Land Registry to conduct searches of memorial by using the Owner's Properties Information Check Service, and a total of 9353 searches were conducted in the past six months. In this connection, will the Government inform this Council whether:

(a)	there are government departments and officials tasked to assess if the searches by the above departments using the above service contravene the Personal Data (Privacy) Ordinance; if there are, of the statutory powers exercised by such departments and officials in making such assessment; if not, the reasons for that;
(b)	there are guidelines and mechanisms to ensure that the departments concerned abide by and act in compliance with the relevant stipulations in this type of searches, as well as to guard against abuse of this type of searches; if so, of the details; if not, the reasons for that; and
(c)	there is a mechanism by which members of the public can monitor if government departments have contravened the Personal Data (Privacy) Ordinance by abusing such type of searches; if so, of the details of that; if not, the reasons for that and whether it will establish such a mechanism?

Public Officer to reply

:

Secretary for Planning and Lands Secretary for Home Affairs

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

It has been reported that on the 15th of last month, a mentally-handicapped man from Hong Kong landed in the Mainland without going through the departure formalities in Hong Kong, and was found by the Mainland border officials and sent back to Hong Kong. In this regard, will the Government inform this Council:

(a)	whether it has investigated why the man could have departed without going through the formalities, and whether the case involved negligence of the Immigration Department staff; and
(b)	whether it has reviewed if there are security loopholes at various border control points; if it has, of the results and the improvement measures to be taken to prevent the recurrence of such incidents?

Public Officer to reply : Secretary for Security

4. Hon Cyd HO to ask: (Translation)

According to the Census and Statistics ("C&S") Department, the Population Census to be started in mid-March has the following objective, "in planning various facilities and services, the Government needs up-to-date population data to understand the present situation and plan for the future". The policy objectives including "annual production of 85 000 flats", "turning Hong Kong into a major cosmopolitan city in Asia" and "adherence to the principle of sustainable development", as highlighted by the Chief Executive in his policy addresses in the past four years, are all closely related to population data. In this connection, will the Government inform this Council:

(a)	of the criteria the C&S Department has adopted in designing the questionnaires for the Population Census and the parties it has consulted on the contents of the questionnaires; why surveys targeted at such areas as helping the poor and the needy, manpower investment and equality between the sexes have not been included in this Census;
(b)	of the rationale for including questions on information relating to respondents' living quarters in the questionnaires; whether it has assessed if the data collected can facilitate achievement of the above long-term policy objectives as set by the Chief Executive in the past several years; if the assessment result is in the affirmative, of the details; if the assessment result concludes otherwise, the reasons for that; and
(c)	given that the C&S Department estimated in 1999 that the number of Mainland children born to Hong Kong residents was 1 670 000 and the accuracy of this figure has been questioned, why the Administration does not take this opportunity to collect accurate data in this respect in order to dispel doubts and formulate a policy regarding such children coming to Hong Kong for family reunion?

Public Officer to reply : Secretary for Financial Services

5. Hon Andrew CHENG to ask: (Translation)

It has been reported that the Director of Leisure and Cultural Services said on the 12th of last month that activities held at venues under the Leisure and Cultural Services Department ("LCSD") "should not be critical in nature". In this connection, will the Government inform this Council:

(a)	of the criteria adopted by LCSD for approving applications for the hire of its venues; whether the condition that the activities concerned "should not be critical in nature" is a newly prescribed criterion; if so, of the justifications for setting such a criterion;
(b)	how the Administration determines whether an event is critical in nature; and
(c)	whether, since its establishment, the LCSD has rejected any applications for the hire of its venues on such ground; if so, of the total number of cases rejected and the names of the organizations whose applications were rejected?

Public Officer to reply : Secretary for Home Affairs

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

It has been reported that the University Grants Committee ("UGC") decided to reduce the intake of undergraduates in Medicine within the next triennium by 50: 30 for the University of Hong Kong ("HKU") and 20 for the Chinese University of Hong Kong. In this connection, will the Government inform this Council:

(a)	of the criteria adopted by UGC in deciding on the reduction;
(b)	of the reasons for HKU having to bear a larger reduction; and
(c)	whether it has examined if the decision of UGC is unfair to HKU; if it has, of the results; if not, the reasons for that?

Public Officer to reply : Secretary for Education and Manpower

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

Regarding development of the air cargo business, will the Government inform this Council:

(a)	whether it has assessed the impact on the local air cargo business upon the setting up of air cargo handling centres in Mainland cities by transnational air cargo express carriers; if so, of the findings; if not, the reasons for that;
(b)	of the measures to attract such carrier companies to establish cargo handling centres in Hong Kong; and
(c)	of the measures implemented since the announcement of a liberal policy for air cargo services in the 1999 Policy Address to facilitate the further development of Hong Kong into an international and regional air cargo hub?

Public Officer to reply : Secretary for Economic Services

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

The Administration announced on 26 December last year that, in recruiting civil servants, it would recognize the Project Springboard certificates as equivalent to five passes in the Hong Kong Certificate of Education Examination ("HKCEE"). It also indicated that it would discuss with employer groups the recognition of the qualifications of Project Springboard. In this regard, will the Government inform this Council:

(a)	of the number of Government jobs for which people with five passes in HKCEE could apply in each of the past three years;
(b)	how it can ensure that graduates of Project Springboard have attained an academic standard comparable to those with five passes in HKCEE;
(c)	whether it plans to set up a common assessment mechanism to ensure that graduates of Springboard programmes organized by different institutions have attained the required standards; and
(d)	of the progress of its discussions with employer groups?

Public Officer to reply : Secretary for Education and Manpower

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

In connection with noise nuisances caused to nearby residents by the sound amplifying systems in schools, will the Government inform this Council whether:

(a)	it has stipulated the maximum permissible sound level in respect of the sound amplifying systems in schools and conducted regular tests in this respect; and
(b)	it plans to improve these sound amplifying systems to prevent such noise nuisances from disturbing nearby residents?

Public Officer to reply : Secretary for Education and Manpower

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

In view of a recent proposal to construct an environment-friendly underwater observatory in Hong Kong as a tourist attraction, will the Government inform this Council whether:

(a)	it has assessed the feasibility of the proposal;
(b)	it plans to construct infrastructural facilities incorporating the underwater observatory concept; if so, of the details; and
(c)	it knows the numbers of visitors and the economic benefits brought about by underwater observatory marine parks in other countries (such as Israel) to the respective countries; if so, of the details?

Public Officer to reply : Secretary for Economic Services

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

It has been reported that LAI Cheung-sing, a Hong Kong permanent resident wanted by the Mainland authorities for his alleged involvement in the smuggling case relating to Yuan Hua Group but who absconded to Canada, claimed that he had escaped from arrest by the Mainland authorities after being tipped off by a Hong Kong immigration official in August 1999; and the Administration has denied such an allegation. Moreover, he is alleged to have illegally obtained a one-way exit permit for settlement in Hong Kong. In this connection, will the Executive Authorities inform this Council whether:

(a)	they have investigated if any civil servants have tipped off LAI Cheung-sing; and
(b)	they know if LAI Cheung-sing did obtain a one-way exit permit illegally in order to settle in Hong Kong; if he did, whether they will revoke his Hong Kong permanent resident status; whether similar cases were found in the past five years; if so, how those cases were handled?

Public Officer to reply : Secretary for Security

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

The two railway corporations have been invited to submit bidding proposals for constructing the rail link from Shatin to Central. With regard to whether this railway project can be completed early, will the Government inform this Council:

(a)	given that one of its criteria for assessing the bidding proposals is "earlier completion in whole and phases", of the weighting of "completion dates" in the overall scoring sheet, and whether it has drawn up a grading table for the different completion times of the various component sections; if so, of the details; if not, the reasons for that; and
(b)	whether it has assessed the factors (such as land resumption) that may delay the completion times of the various component sections; if it has, of the outcome of the assessment; if not, the reasons for that?

Public Officer to reply : Secretary for Transport

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

It was reported that the Leisure and Cultural Services Department ("LCSD") decided not to screen the film "From the Queen to the Chief Executive" as an opening film for this year's Hong Kong International Film Festival because the film touched on the Chief Executive. In this connection, will the Government inform this Council:

(a)	of the details of the criteria adopted for selecting the opening films for the Film Festival of this year;
(b)	whether film advisers of the LCSD have advised on the selection of the opening films of this year's Film Festival; if so, of the number of advisers on the matter, and the number of them who recommended that the above film be screened as an opening film; and
(c)	whether the above film was not chosen as an opening film because it would not be world-premiered at the Festival; if so, whether any of the opening films in the past Film Festivals was not world-premiered; if so, of the names of these films?

Public Officer to reply : Secretary for Home Affairs

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

Regarding the disruptions in sea water supply for flushing, will the Government inform this Council of:

(a)	the public rental housing ("PRH") estates in the New Territories which had disruptions in such supply for over twenty four hours during the past year, and the respective numbers of PRH units affected;
(b)	the main causes of the disruptions in the supply in these housing estates; and
(c)	the measures in place to reduce such incidents?

Public Officer to reply : Secretary for Housing

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

It has been reported that the Employees Retraining Board plans to set up a Self-employment Business Start-up Fund in September this year to assist those who intend to start up businesses as self-employed persons in securing loans from banks by offering guarantees for such loans. In this connection, will the Government inform this Council of the eligibility and approving criteria set for the Fund, as well as the requirements for the repayment of loans?

Public Officer to reply : Secretary for Education and Manpower

*16. Hon Emily LAU to ask:

Regarding drink-driving, will the Executive Authorities inform this Council:

(a)	of the respective numbers of persons injured or killed in drink-driving related incidents in the past 24 months;
(b)	of the respective numbers of people prosecuted and convicted for drink-driving related offences in the past 24 months; and the highest, lowest and average penalties imposed on those convicted;
(c)	how Hong Kong's drink-driving legislation compare to that in London, New York and Singapore, in terms of the statutory limit for alcohol concentration and penalties for drink-driving; and
(d)	whether they plan to step up enforcement against drink-driving, tighten the statutory limit for alcohol concentration and raise the maximum penalties for drink-driving?

Public Officer to reply : Secretary for Transport

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

It was reported that the former Director of Highways joined the Kowloon-Canton Railway Corporation while on pre-retirement leave which began in last August. Regarding the post-retirement employment of civil servants in public organizations, will the Government inform this Council:

(a)	whether the permission of the employment of the former Director by the Kowloon-Canton Railway Corporation was granted on the basis that the employment had no conflict of interest with his former public office; if so, of the justifications for this basis;
(b)	of the criteria adopted for assessing whether the post-retirement employment of civil servants in public organizations involves a conflict of interest; and
(c)	in order to avoid public misunderstanding of such change of employment, whether consideration will be given to imposing a mandatory sanitization period on all retired senior civil servants, during which they are not allowed to take up employment in the public organizations with which they have had dealings in their official capacity before retirement?

Public Officer to reply : Secretary for the Civil Service

*18. Hon CHAN Kwok-keung to ask: (Translation)

Regarding the problem of objects being thrown from a height, will the Government inform this Council:

(a)	of the total number of reported cases involving the throwing of objects from a height in the past three years and, among them, the number of those which took place within the bounds of Public Rental Housing ("PRH") estates; the casualties arising from those cases and the number of cases in which the offenders were convicted;
(b)	of the respective numbers of Falling Object Monitoring Systems ("FOMSs") installed within the bounds of PRH estates, Tenants Purchase Scheme ("TPS") housing estates as well as Home Ownership Scheme housing courts; and
(c)	whether the Housing Department plans to install FOMSs expeditiously in all PRH estates, including those to be sold under the TPS; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Housing

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

Will the Government inform this Council of:

(a)	the quantity of sewage discharged into each water control zone last year, and a breakdown by each outfall and by whether the sewage met the relevant water quality objectives or not; and
(b)	the measures to reduce the discharge of sewage not meeting water quality objectives?

Public Officer to reply : Secretary for the Environment and Food

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

Regarding the Kindergarten Subsidy Scheme, will the Government inform this Council:

(a)	of the method for calculating the annual subsidy to be granted to each kindergarten;
(b)	of the average total expenditure on each pupil incurred by each subsidized kindergarten per year, and the percentage taken up by teachers' salaries;
(c)	of the current percentage of the total annual subsidy granted to these kindergartens in their total expenditure per year;
(d)	of the current ratio of the annual subsidy granted to kindergartens to the amount of salaries they pay for Qualified Kindergarten Teachers per year; and
(e)	how the figures in items (b), (c) and (d) above compare to those of the major countries or territories in the Asia-Pacific Region?

Public Officer to reply : Secretary for Education and Manpower

*For written reply.

III. Bills

First Reading

1. Chief Executive Election Bill

2. Interest Rates (Miscellaneous Amendments) Bill 2001

3. Industrial Training (Construction Industry) (Amendment) Bill 2001

4. Merchant Shipping (Registration) (Amendment) Bill 2001

Second Reading (Debates to be adjourned)

1. Chief Executive Election Bill	:	Secretary for Constitutional Affairs
2. Interest Rates (Miscellaneous Amendments) Bill 2001	:	Secretary for Planning and Lands
3. Industrial Training (Construction Industry) (Amendment) Bill 2001	:	Secretary for Education and Manpower
4. Merchant Shipping (Registration) (Amendment) Bill 2001	:	Secretary for Economic Services

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

Hong Kong Tourist Association (Amendment) Bill 2001 : Secretary for Economic Services

IV. Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for Commerce and Industry to move the following motion:

RESOLVED that the Prevention of Copyright Piracy (Notices) Regulation, published as Legal Notice No. 39 of 2001 and laid on the table of the Legislative Council on 14 February 2001, be amended -

2. Proposed resolution under the Public Finance Ordinance

Secretary for the Treasury to move the motion the content of which was contained in the paper issued on 22 February 2001 under LC Paper No. CB(3) 452/00-01

V. Members' Motions

1. Consultation Document on Health Care Reform

Hon Mrs Selina CHOW: (Translation)

That this Council notes the Consultation Document on Health Care Reform.

Public Officer to attend : Secretary for Health and Welfare

2. Alleviating the difficulties of small and medium enterprises

Hon HUI Cheung-ching: (Translation)

That, as small and medium enterprises (SMEs) have yet to benefit from the recovery of the economy, this Council urges the Government to adopt measures and spare no effort to alleviate their difficulties; the measures should include:

(a)	in order to reduce the operating costs of SMEs, expeditiously and suitably relaxing the restrictions on the use of industrial premises, encouraging further introduction of internationally recognized quality certification services in the market, providing greater financial support in such areas as manpower training, marketing and the application of information technology, encouraging franchised companies to lower their fees and charges and to engage in healthy competition, as well as striving to maintain a simple tax system;
(b)	exploring additional means to ease the financing problem of SMEs, including using part of the balance of the guarantee amount under the Special Finance Scheme for SMEs to set up a credit fund for SMEs before the establishment of the Commercial Credit Reference Agency, examining the feasibility of relaxing the underwriting policy of the Hong Kong Export Credit Insurance Corporation and enhancing its guarantor function in SMEs' applications for bank loans; and
(c)	expeditiously establishing economic and trade offices in the Mainland, especially in Guangdong Province, for proactively gathering complaints by Hong Kong businessmen about the policies and laws of the Mainland, and referring them to the relevant Mainland authorities for action.

Amendment to Hon HUI Cheung-ching's motion

Hon Kenneth TING: (Translation)

To delete "manpower training," after "providing greater financial support in such areas as"; to add "freezing Government fees and charges which have a bearing on the business environment," after "to engage in healthy competition,"; to add "low tax rates and" after "as well as striving to maintain"; to add "(b) assisting SMEs in upgrading the quality of their manpower resources, including stepping up its efforts in encouraging talents to work for SMEs, enhancing the provision of tailor-made manpower training programmes for SMEs and providing tax concessions for on-the-job training;" after "a simple tax system;"; to delete "(b)" and substitute with "(c)"; to delete "and" after "enhancing its guarantor function in SMEs' applications for bank loans;" and substitute with "(d) expeditiously implementing the Chief Executive's proposal made in his 1999 Policy Address that the banking sector needed to put more emphasis on the track record and business prospects of the borrowing enterprises in granting loans, instead of following the general practice of taking property as the main form of collateral; and"; and to delete "(c)" and substitute with "(e)".

Public Officer to attend : Secretary for Commerce and Industry

Clerk to the Legislative Council