Council Meeting ( Agenda ) 11 February 2004

A 03/04-17

Legislative Council

Agenda

Wednesday 11 February 2004 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Specification of Arrangements (Government of the Kingdom of Belgium) (Avoidance of Double Taxation on Income and Capital and Prevention of Fiscal Evasion) Order	16/2004
2.	Employees Retraining Ordinance (Amendment of Schedule 2) Notice 2004	17/2004
3.	Education (Miscellaneous Amendments) Ordinance 2004 (1 of 2004) (Commencement) Notice 2004	18/2004

Other Papers

1. No.55 -	Hong Kong Arts Development Council Annual Report 2002-2003
(to be presented by Secretary for Home Affairs)
2. No.56 -	The Hong Kong Academy for Performing Arts Annual Report 2002-2003 and the Financial Statements and Auditor's Report for the year ended 30 June 2003
(to be presented by Secretary for Home Affairs)
3. No.57 -	Vocational Training Council Annual Report 2002/2003
(to be presented by Secretary for Education and Manpower)
4. Report of the Bills Committee on Construction Industry Levy (Miscellaneous Amendments) Bill 2003
(to be presented by Hon LAU Ping-cheung, Chairman of the Bills Committee)

II. Questions

1. Hon Albert CHAN to ask: (Translation)

Recently, I have received many complaints from property owners alleging that some property management companies had made unauthorized use of the building maintenance fund when discharging their duties and awarded the building maintenance works to persons and companies with whom they had close relations, without going through open tender exercises and consulting the owners. These owners hold the view that such practice has infringed their rights and contravened the Code of Practice on Building Management and Maintenance issued by the Home Affairs Bureau and may involve criminal acts. In this connection, will the Government inform this Council:

(a)	of the number of relevant complaints received as well as the number of prosecutions instituted against the property management companies and their staff in each of the past three years; and
(b)	whether it will consider enacting laws to regulate property management companies so as to strengthen the protection for property owners' rights; if so, of the details of its consideration; if not, the reasons for that?

Public Officer to reply : Secretary for Home Affairs

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

Regarding the crimes committed by lawless elements, which involve the forgery of credit cards using information stolen from credit cards issued in Hong Kong and the use of such fake credit cards outside the territory, will the Government inform this Council:

(a)	of the number of such cases reported to the relevant authorities and their details, as well as the respective numbers of suspects arrested and prosecuted by the Police for such crimes, in the past three years;
(b)	whether it knows how such lawless elements obtained the credit card information; and
(c)	of the difficulties encountered by the Police in investigating such crimes?

Public Officer to reply : Secretary for Security

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

The Jockey Club Kau Sai Chau Public Golf Course is currently the only public golf course in Hong Kong. The City University of Hong Kong conducted a study in 2003 on the effectiveness and feasibility of constructing a new golf course in Hong Kong. The study results indicate that about 500 000 trips were made by Hong Kong people to the Pearl River Delta Region for playing golf every year. Their cumulative expenditures amount to about HK$563 million. It is expected that a new golf course in Hong Kong can generate revenues of HK$60 million each year and create 388 posts, among which 350 are for unskilled workers. In this connection, will the Government inform this Council:

(a)	whether it knows the average utilization rate of the above public golf course in the past three years and whether the course has made profits, losses or achieved a breakeven;
(b)	whether the authorities have conducted a study on the economic benefits generated by the construction of a public golf course, including whether the construction and utilization of the course can create more local employment opportunities and tie in with the development of tourism so that more golf-lovers can be attracted to Hong Kong; if no such study has been conducted, of the reasons for that; and
(c)	of the criteria adopted by the authorities for determining whether a new public golf course should be constructed and whether they have drawn up the construction plan concerned; if so, of the location of the course and the timing for construction; if not, the reasons for that; whether the authorities have received indications of interest in constructing a public golf course from organizations other than the Hong Kong Jockey Club; if so, of the details?

Public Officer to reply : Secretary for Home Affairs

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

Regarding the air pollution in Hong Kong and its impact on health, will the Government inform this Council whether it has conducted studies to find out:

(a)	the sources of various air pollutants in Hong Kong and the changes in the concentration of these pollutants according to the authorities' air pollution index over the past five years; if it has, of the findings;
(b)	the impact of changes in the air quality of the Pearl River Delta Region on that of Hong Kong over the past five years; if it has, of the findings; and
(c)	the relationship between the air pollution in Hong Kong and the local respiratory and heart diseases, and the number of persons who have contracted these diseases due to air pollution, as well as their percentage in the total number of patients who suffer from the diseases concerned; if it has, of the findings?

Public Officer to reply : Secretary for the Environment, Transport and Works

5. Hon TAM Yiu-chung to ask: (Translation)

I have learnt that the vacancy rate of Po Tin Interim Housing in Tuen Mun is very high, resulting in poor business for a nearby Housing Authority ("HA") market. In this connection, will the Government inform this Council:

(a)	of the number of vacant units and its percentage in all units of Po Tin Interim Housing in each of the past three years, and the number of applicants who did not move into the units after completing the intake formalities;
(b)	whether it has plans to refurbish Po Tin Interim Housing units for upgrading to public housing units and rent them at a lower rate; if it has, of the details; if not, the reasons for that; and
(c)	whether it will establish a mechanism to adjust the stall rentals of the nearby HA market according to the quarterly occupancy rate of Po Tin Interim Housing, so as to reflect the actual operating environment; if it will, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Housing, Planning and Lands

6. Dr Hon David CHU to ask: (Translation)

With regard to the death of two persons in a cold shelter operated by the Home Affairs Department ("HAD") at the end of last month, will the Government inform this Council of:

(a)	the details of the management of such cold shelters; and
(b)	the support and assistance rendered by the HAD to people who take refuge in such cold shelters?

Public Officer to reply : Secretary for Home Affairs

*7. Hon Cyd HO to ask: (Translation)

In its Policy Agenda booklet last year, the Health, Welfare and Food Bureau stated that the Government would prepare and submit the second report of the Hong Kong Special Administrative Region under the Convention on the Elimination of All Forms of Discrimination Against Women ("HKSAR Report"). However, in the paper on the Bureau's policy initiatives presented to the Legislative Council Panel on Health Services in January this year, the Bureau has made no mention of the progress of the issue. In this connection, will the Government inform this Council:

(a)	of the progress in preparing the HKSAR Report; if the authorities have completed the drafting work, whether the report has been submitted to the Central Government to form a part of the report to be submitted by China; whether the authorities know if the Central Government has already submitted China's report (including the HKSAR Report) to the United Nations Committee on the Elimination of Discrimination Against Women for examination;
(b)	if the authorities have not yet completed the drafting work, the respective timings for completing the drafting of the HKSAR Report and submitting it to the Central Government and whether it knows when the Central Government will submit China's report to the Committee for examination;
(c)	whether the authorities have consulted the Women's Commission on the initial draft of the HKSAR Report before finalizing it; if so, of the details of the relevant comments received; if not, the reasons for that; and
(d)	when the authorities will publish the HKSAR Report in full for the public's information?

Public Officer to reply : Secretary for Health, Welfare and Food

*8. Hon Audrey EU to ask: (Translation)

In his Policy Address 2000, the Chief Executive indicated that the Education Commission had recommended encouraging the establishment of private universities and the Administration would conduct studies with relevant organizations in this respect. In this connection, will the Government inform this Council of the concrete progress of such studies? Public Officer to reply : Secretary for Education and Manpower

*9. Hon James TIEN to ask: (Translation)

It is reported that currently the Government's liabilities for civil service pensions have amounted to as much as $300 billion, which may further increase in future as the years of service of the civil servants concerned accumulate. In this connection, will the Government inform this Council:

(a)	of the authorities' anticipated time when the liabilities for civil service pensions will reach their peak, and the total amount of pensions involved by that time;
(b)	whether the authorities have assessed their ability to afford paying the pensions; if they have, of the assessment results; if not, the reasons for that; and
(c)	whether it has plans to conduct a comprehensive review on the civil service retirement system, including the calculation of accrued leave; if it has; of the details; if not, the reasons for that?

Public Officer to reply : Secretary for the Civil Service

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

Recently, I received complaints from members of the public that some lawless elements had stolen the refund cheques for their applications to subscribe to the shares of China Life Insurance Company Limited on public offer in Hong Kong and had then successfully cashed the cheques and withdrawn the money from the banks by opening bank accounts under the names of the cheque payees. In this connection, will the Government inform this Council:

(a)	of the number of cases reported to the authorities on theft of cheques and withdrawal of the amounts involved in the past three years and the crime patterns of such cases;
(b)	whether it knows the procedures for bank staff, who complete account opening formalities for clients, to follow in verifying the authenticity of the clients' identity documents, especially for holders of documents other than Hong Kong identity cards;
(c)	whether it knows if there are measures adopted by banks to guard their clients against successful deposit of stolen crossed cheques into the bank accounts opened by people other than the payees and the withdrawal of the amounts involved; if so, of the details; if not, the reasons for that; and
(d)	how the authorities assist those who have the above refund cheques stolen in seeking compensation from the organizations concerned?

Public Officer to reply : Secretary for Financial Services and the Treasury

*11. Hon Michael MAK to ask: (Translation)

On 8 December last year, when a worker was replacing the piping of an oxygen cylinder installed under an operation bed at the Accident and Emergency ("A&E") Department of the Queen Elizabeth Hospital, the oxygen cylinder suddenly exploded, resulting in the suspension of A&E services for about half an hour. In this connection, will the Government inform this Council:

(a)	of the respective numbers of oxygen cylinders purchased and consumed by public hospitals last year;
(b)	of the respective numbers of incidents of gas leakage and explosion of oxygen cylinders in public hospitals in each of the past three years;
(c)	of the departments responsible for the maintenance and storage of oxygen cylinders for use by public hospitals and the safety matters concerned; and
(d)	whether the relevant authorities have issued guidelines to the staff concerned on the proper procedure for replacing oxygen cylinders and their piping; if they have, of the details of such guidelines?

Public Officer to reply : Secretary for Health, Welfare and Food

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

It has been reported that the number of burglary cases in the Kowloon East Police District increased by nearly 20% last year as compared to the preceding year and one-third of such cases took place in public housing estates. As such, the Police launched a one-year Security Guards Alertness Campaign jointly with the Housing Department ("HD") and the management companies concerned last month. Plain-clothed policemen are dispatched to make attempts to enter buildings of public housing estates in the District so as to test the security guards' alertness. In this connection, will the Government inform this Council:

(a)	of the respective numbers of burglary cases in 2002 and 2003 in each of the public housing estates in the Kowloon East Police District;
(b)	whether HD has looked into the common features of such burglary cases in these housing estates and formulated measures to curb such crimes; if so, of the details of the study results and measures formulated; if not, the reasons for that; and
(c)	whether it will consider extending the Security Guards Alertness Campaign to Home Ownership Scheme estates and private residential buildings in the District; if not, the reasons for that?

Public Officer to reply : Secretary for Housing, Planning and Lands

*13. Hon Frederick FUNG to ask: (Translation)

Regarding the plan to organise the Pearl River Delta Football League proposed by the Secretary for Home Affairs in February last year, will the Government inform this Council:

(a)	of the progress of the above plan, and whether the authorities have so far encountered difficulties in preparing for the event; if so, of the details;
(b)	whether the authorities have consulted the public of Hong Kong, especially the professional football players, on the plan since preparing for the event; if they have, of the method and results of consultation; if not, the reasons for that; and
(c)	of the estimated time for implementing the plan?

Public Officer to reply : Secretary for Home Affairs

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

It has been reported that the problem of abandoned packaging materials has increasingly become a cause for concern. However, since "abandoned packaging materials" are not among the types of solid waste classified by the Environmental Protection Department, there is no way for the public to effectively monitor the seriousness of the problem. In this connection, will the Government inform this Council:

(a)	whether it has estimated the quantities of packaging materials abandoned in the past three years and, if it has, of a breakdown by type of the quantities of such materials abandoned each year; and
(b)	whether the authorities will consider including "abandoned packaging materials" as a new type of classified solid waste, so as to monitor more accurately the environmental pollution caused by abandoned packaging materials; if so, of the relevant details; if not, the reasons for that?

Public Officer to reply : Secretary for the Environment, Transport and Works

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

Recently, I have received a number of complaints about the prolonged occupation of on-street parking spaces in rural areas by some people. When drivers park their vehicles at these spaces, these people will threaten them and force them to drive away their vehicles. Also, some people park goods vehicles for prolonged periods at some of the public parking spaces designated for private cars. In this connection, will the Government inform this Council:

(a)	of the current numbers of on-street public parking spaces in rural areas for private cars and goods vehicles respectively;
(b)	of the number of relevant complaints received by the authorities concerned in the past three years and the number of prosecutions instituted by the Police against the persons concerned; and
(c)	whether the Administration will consider installing parking metres at these public parking spaces or tendering out the management of these public parking spaces to private operators to curb the prolonged occupation or inappropriate use of public parking spaces?

Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that although there is a refuse collection point at the junction of Shui Wo Street and Wan Hon Lane in Kwun Tong, residents in the area do not use it but discard their refuse outside the park at Ngan Yuet Lane, Wan Hon Street. Instead of stepping up prosecution efforts in this case, the Food and Environmental Hygiene Department has only arranged for refuse collection outside the park by contractors in the early hours of the day. In this connection, will the Government inform this Council:

(a)	for how long the above problem has existed;
(b)	of the reasons for the residents not using the refuse collection point, and whether the authorities have taken measures to educate the residents on the proper disposal of waste at the refuse collection point; if so, of the effectiveness of such measures; and
(c)	why the authorities do not step up their efforts to prosecute residents for discarding refuse outside the park?

Public Officer to reply : Secretary for Health, Welfare and Food

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

According to the Report on Investor Survey on Investment Research Activities released by the Securities and Futures Commission in November 2003, retail investors generally do not think that securities analysts and their firms have made sufficient disclosure of conflict of interest in research reports or at public appearances. In this connection, will the Executive Authorities inform this Council:

(a)	of the total number of complaints received by the relevant authorities about the failure of securities analysts to properly disclose their related interests in providing commentaries or analyses on financial markets and tools in the past three years, and how such complaints have been handled;
(b)	whether measures are in place to prevent securities analysts from providing commentaries or analyses on financial markets and tools in circumstances where an actual or potential conflict of interest exists; if so, of the details of such measures; if not, the reasons for that; and
(c)	whether they have plans to strengthen the supervision of securities analysts and prohibit them from providing commentaries or analyses on financial markets and tools in circumstances where a conflict of interest exists, so as to safeguard the interest of investors; if so, of the details of such plans; if not, the reasons for that?

Public Officer to reply : Secretary for Financial Services and the Treasury

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

At present, passengers get on the trams through the rear doors of tram compartments installed with turnstiles, and alight from the trams through the front doors, paying their fares then. In this connection, will the Government inform this Council:

(a)

of the total number of reports received by the relevant departments about passengers being injured while getting on and off the trams in the past three years; and

(b)

given that there have been complaints from the public that the turnstiles cause inconvenience to the mobility handicapped and pregnant women in getting on the trams, whether it will ask the Hong Kong Tramways Limited to study how to improve the relevant design or to consider changing the existing arrangement by requiring passengers to get on the trams through the front doors and get off through the rear doors, and to pay the fares on boarding the trams, so that the turnstiles can be removed; if it will not do so, of the reasons for that?

Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that starting from this year, the Guangdong Provincial Government plans to sell to private buyers the rights to use uninhabited islands within the province with a view to increasing financial revenue. At present, there are over 200 islands in Hong Kong, some of which are uninhabited and sizeable. In this connection, will the Government inform this Council whether:

(a)

it has enquired about the above plan from the authorities of the Guangdong Province; if it has, of the details of the plan; and

(b)

the authorities will conduct studies to find out the number of islands in Hong Kong of which the rights to use are available for sale, the total area of the islands concerned, the restrictions on the sale of the rights to use, the impacts of the sale, and the estimated amount of revenue to be generated from the sale, for future reference when considering whether the rights to use these islands should be sold?

Public Officer to reply : Secretary for Housing, Planning and Lands

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

Regarding the supply, prices and local demand of energy, will the Government inform this Council whether:

(a)	it has forecast the global supply and prices of different forms of energy in five and ten years' time respectively, in particular those of various oil products, town gas and natural gas; if it has, of the forecasts;
(b)	it has forecast the future local energy demand; if it has, of the responsible department, the factors considered, and the respective forecasts concerning the sales volumes of various oil products and the consumption of electricity and town gas in Hong Kong in five and ten years' time; if not, the reasons for that; and
(c)	it has formulated a policy on the sustainable use of energy, including measures to encourage the use of renewable energy, in order to ensure the more effective use of energy in Hong Kong?

Public Officer to reply : Secretary for Economic Development and Labour

*For written reply.

IIA. Statements

Constitutional Development Task Force's Visit to Beijing on 8 - 10 February

Chief Secretary for Administration

III. Bills

First Reading

1. Undesirable Medical Advertisements (Amendment) Bill 2004

2. Construction Industry Council Bill

Second Reading (Debates to be adjourned)

1.	Undesirable Medical Advertisements (Amendment) Bill 2004	:	Secretary for Health, Welfare and Food
2.	Construction Industry Council Bill	:	Secretary for the Environment, Transport and Works

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

Construction Industry Levy (Miscellaneous Amendments) Bill 2003

Secretary for Education and Manpower

IV. Motions

Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for Housing, Planning and Lands to move the following motion:

RESOLVED that -

(1)	the functions exercisable by the Chief Secretary for Administration by virtue of sections 14(4) and 15(2) of the Housing Ordinance (Cap. 283) be transferred to the Secretary for Housing, Planning and Lands;
(2)	for the purpose of giving full effect to paragraph (1) -
	(a)	sections 14(4) and 15(2) of the Housing Ordinance (Cap. 283) be amended by repealing "Chief Secretary for Administration" and substituting "Secretary for Housing, Planning and Lands";
	(b)	the Specification of Public Office (L.N. 471 of 1996) be repealed.

V. Members' Motions

Demands on the Budget

Dr Hon LAW Chi-kwong: (Translation)

That this Council demands that, when drawing up the 2004-05 Budget, the Government do not substantially reduce its spending on social welfare, medical services and education, and continue to freeze the government fees and charges which directly affect people's livelihood.

Amendments to Dr Hon LAW Chi-kwong's motion

(i)

Hon CHAN Kam-lam: (Translation)

To delete "do not" after "the Government" and substitute with "allocate additional resources to formulate policies that promote economic development, including actively promoting Hong Kong as the off-shore centre for Renminbi so as to consolidate Hong Kong's status as an international financial centre, continuing to perfect the Mainland and Hong Kong Closer Economic Partnership Arrangement, and actively exploring the role of and the business opportunities for Hong Kong in the free-trade area to be set up between the Mainland and the Association of South-East Asian Nation, so as to bring into full play Hong Kong's function as the link between the Mainland and the international community and further enhance its economic co-operation with the Mainland and other countries of the world; furthermore, this Council also demands that, in the light of the economic recovery, the Government do not further"; to delete "," after "its spending on social welfare" and substitute with "and"; to delete "and education," after "medical services"; to add "keep its pledge to invest in education, as well as" before "continue to freeze the government fees and charges"; and to add ", and relieve the tax burden on the public" after "which directly affect people's livelihood".

Amendment to Hon CHAN Kam-lam's amendment
Hon SIN Chung-kai: (Translation)

To add "and improving corporate governance and enhancing protection of small investors' interests," after "the off-shore centre for Renminbi"; to add "("CEPA")" after "the Mainland and Hong Kong Closer Economic Partnership Arrangement"; and to add "as well as exploring how to promote CEPA to a higher level and form a Greater China Trade Area covering the Mainland, Hong Kong, Taiwan and Macau," after "the Association of South-East Asian Nation,".

(ii)

Hon Mrs Selina CHOW: (Translation)

To add "and business environment" after "and continue to freeze the government fees and charges which directly affect people's livelihood".

Public Officer to attend: Secretary for Financial Services and the Treasury

Border industrial zone

Hon Mrs Sophie LEUNG: (Translation)

That this Council urges the Government to expeditiously formulate planning and support measures which are conducive to the development of a border industrial zone, and take the initiative to consult the relevant Mainland authorities with a view to seeking a synergy of the strengths of the Mainland and Hong Kong in supporting the development of the advantaged industries and related trades, so as to attract local, Mainland and foreign investors, promote Hong Kong's economic growth, and create more local employment opportunities.

Amendment to Hon Mrs Sophie LEUNG's motion
Hon SIN Chung-kai: (Translation)

To add "; the Government should also discuss with the Shenzhen Municipal Government to explore the setting up of a Hong Kong-Shenzhen river-loop area development company to jointly develop a border river-loop industrial zone" after "in supporting the development of the advantaged industries and related trades".

Public Officer to attend : Secretary for Commerce, Industry and Technology

Clerk to the Legislative Council

Legislative Council

Agenda Wednesday 11 February 2004 at 2:30 pm

Agenda

Wednesday 11 February 2004 at 2:30 pm