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A 03/04-22

Legislative Council

Agenda
Wednesday 17 March 2004 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Patents (General) (Amendment) Rules 200437/2004
2.Registered Designs (Amendment) Rules 200438/2004
3.Trade Marks (Amendment) Rules 200439/2004
4.Intellectual Property (Miscellaneous Amendments) Ordinance 2001 (2 of 2001) (Commencement) Notice 200440/2004
5.Mutual Legal Assistance in Criminal Matters (Philippines) Order (Cap. 525 sub. leg. K) (Commencement) Notice 2004

41/2004
Other Papers

1.No.71-Hong Kong Tourism Board 2002/2003 Annual Report
(to be presented by Secretary for Economic Development and Labour)

2.No.72-Audited Financial Statements and Report on Activities of the Hong Kong Examinations and Assessment Authority for the year ending 31 August 2003
(to be presented by Secretary for Education and Manpower)

II. Questions for Written Replies

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

Will the Government inform this Council: Public Officer to reply : Secretary for Home Affairs

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

I have learnt that, at a meeting with the Owners' Committee of Discovery Park in Tsuen Wan, the Secretary for the Environment, Transport and Works undertook to re-consider the provision of noise enclosures for one of the road sections (i.e. the exit point at Mei Wan Street) of Route 5 Extension passing through Discovery Park, and review the effect of falling objects on road safety. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for the Environment, Transport and Works

3. Hon MA Fung-kwok to ask:
(Translation)

Regarding the promotion of and education on the Basic Law, will the Government inform this Council: Public Officer to reply : Secretary for Constitutional Affairs

4. Hon Audrey EU to ask:
(Translation)

In the 2004 Policy Agenda, the Environment, Transport and Works Bureau proposed to adopt a Public-Private-Partnership ("PPP") approach in the delivery of large scale public works projects. In this connection, will the Government inform this Council:
Public Officers to reply : Secretary for the Environment, Transport and Works
Secretary for Financial Services and the Treasury

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

It has been reported that the Hospital Authority ("HA") has decided to re-create two director posts responsible for internal/external communications and human resources respectively. In this connection, will the Government inform this Council whether it knows: Public Officer to reply : Secretary for Health, Welfare and Food

6. Hon CHAN Kam-lam to ask:
(Translation)

In view of the recent spate of robberies on public light buses and taxis late at night, will the Government inform this Council of: Public Officer to reply : Secretary for Security

*7. Hon Martin LEE to ask:
(Translation)

Will the Government inform this Council of the respective numbers of prosecutions instituted in the past five years by government departments by invoking the relevant provisions of the Air Pollution Control Ordinance, Water Pollution Control Ordinance, Noise Control Ordinance, Waste Disposal Ordinance, Dumping at Sea Ordinance, Environmental Impact Assessment Ordinance, Marine Parks Ordinance and Town Planning Ordinance, the outcome of such prosecutions and the penalties imposed by the court on the convicted? Public Officer to reply : Secretary for the Environment, Transport and Works

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

It is noted that the airport authorities of Singapore and Guangzhou are actively striving for more air passenger/cargo business, thereby challenging Hong Kong's position as an aviation hub in the Asia Pacific Region. In this regard, will the Government inform this Council: Public Officer to reply : Secretary for Economic Development and Labour

*9. Hon Abraham SHEK to ask:
(Translation)

I have learnt that the Government plans to construct a temporary heliport at the Golden Bauhinia Square in Wanchai for use by the Government Flying Service. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Economic Development and Labour

*10. Hon Howard YOUNG to ask:
(Translation)

I have recently received complaints from the public that many vehicles often park on the only vehicular access roads to some housing estates in Repulse Bay and obstruct the access of fire engines or ambulances, and that the surfaces of some of these roads are rugged. They have complained to the departments concerned, but have been told that the authorities cannot offer assistance because these roads are on private land (i.e. private roads). In this connection, will the Government inform this Council: Public Officer to reply : Secretary for the Environment, Transport and Works

*11. Hon LEUNG Yiu-chung to ask:
(Translation)

Regarding slab-paved pavements, will the Government inform this Council of: Public Officer to reply : Secretary for the Environment, Transport and Works

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

Will the Government inform this Council, among the persons subject to the enforcement actions taken by the Securities and Futures Commission in the past three years, of the respective numbers of intermediaries and non-intermediaries not prosecuted by the authorities, those against whom prosecutions were successfully instituted or disciplinary actions taken by the authorities; as well as the violation involved in each of these actions? Public Officer to reply : Secretary for Financial Services and the Treasury

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

Will the Government inform this Council: Public Officer to reply : Secretary for Security

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

It has been reported that crimes involving information technology ("IT"), particularly those relating to online games, rose substantially in the past year. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Commerce, Industry and Technology

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

The Codes of Practice on the Design and Construction of Lifts and Escalators ("CoP") issued by the Electrical and Mechanical Services Department require that deflector devices (such as brush bristles) be placed between the steps and skirt guards on both sides of escalators to reduce the possibility of trapping the feet or clothing of users. However, escalators installed before 18 March 1994, the date on which the CoP came into effect, are not subject to the requirement. As I have recently received many complaints about injuries arising from the use of escalators without the above devices, will the Government inform this Council:
Public Officer to reply : Secretary for the Environment, Transport and Works(in the absence of Secretary for Housing, Planning and Lands)

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

It has been reported that the pedestrian subway at Kowloon Park Drive is underutilized as a result of ambiguous and inadequate directional signs. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that since the implementation in July last year of the Individual Visit Scheme for individual Mainland residents to come to visit Hong Kong, the number of thefts committed by Mainlanders in Hong Kong has shown an upward trend. The Police plans to set up an anti-theft squad in the Kowloon West Region specially tasked with combating gang thefts or new forms of stealing activities. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Security

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

Both the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission ("the Code") and the Management, Supervision and Internal Control Guidelines for Persons Licensed by or Registered with the Securities and Futures Commission ("the Guidelines"), published by the Securities and Futures Commission ("SFC"), provide for the avoidance and disclosure of conflicts of interests by intermediaries and their representatives when carrying on the regulated activities. In this connection, will the Executive Authorities inform this Council whether they know: Public Officer to reply : Secretary for Financial Services and the Treasury

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

MTR Corporation Limited ("MTRCL") introduced last year a 10% Introductory Fare Discount concession plan for passengers using any type of the Octopus Card on Mass Transit Railway ("MTR") trains to and from Nam Cheong Station and Mei Foo Station between mid-December last year and the end of March this year. In this connection, will the Government inform this Council whether it knows: Public Officer to reply : Secretary for the Environment, Transport and Works

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

Will the Government inform this Council of the total number of press releases on enforcement actions issued by the Securities and Futures Commission in each of the past three years, and provide a breakdown of the violation involved in each of the actions set out in these press releases, the legislation or rules breached, the dates when the violations were committed and the disciplinary actions taken, and the dates of issuing the press releases? Public Officer to reply : Secretary for Financial Services and the Treasury

*For written reply.

III. Bills

First Reading

Criminal Procedure (Amendment) Bill 2004

Second Reading (Debate to be adjourned)
Criminal Procedure (Amendment) Bill 2004 : Secretary for Security

IV. Motions
  1. Proposed resolution under the Legal Aid Ordinance

    Chief Secretary for Administration to move the following motion:


    RESOLVED -

    (a)that the Legal Aid Ordinance (Cap. 91) be amended -

    (i)in section 5(1), by repealing "$169,700" and substituting "$155,800";

    (ii)in section 5A(b) -

    (A)by repealing "$169,700" and substituting "$155,800";

    (B)by repealing "$471,600" and substituting "$432,900"; and

    (b)that this Resolution shall come into operation on a day to be appointed by the Director of Administration by notice published in the Gazette.

  2. Proposed resolution under the Public Finance Ordinance

    Secretary for Financial Services and the Treasury to move the motion in Appendix I.

  3. Proposed resolution under the Security and Guarding Services Ordinance

    Secretary for Security to move the following motion:


    That the notice, as annexed to this Motion, which specifies the revised criteria that a person must satisfy before the Commissioner of Police may, under the Security and Guarding Services Ordinance, issue to him a permit to do security work, be approved.

    (The annex to the Motion is in Appendix II)

IV. Members' Motions
  1. Respecting and complying with the principles prescribed in the Basic Law

    Hon James TO:
    (Translation)

    That this Council urges the Task Force on Constitutional Development to consult, in a pragmatic manner, the public on concrete proposals of constitutional reform, to avoid unnecessary arguments, causing social polarisation and instability; and to express to the Central Government that the principles prescribed in the Basic Law shall be respected and complied with in implementing constitutional reform.

    Amendment to Hon James TO's motion
    Hon TAM Yiu-chung:
    (Translation)

    To delete "consult," after "Task Force on Constitutional Development to" and substitute with "expeditiously clarify,"; to add "with the Central Government the principles and procedure relating to constitutional development, and promote rational discussions among various sectors of the community; and to establish positive and interactive discussions with the Central Government, with a view to formulating, on the basis of respecting and strictly complying with the principles prescribed in the Basic Law, a constitutional development proposal that fully implements the concept of 'One Country, Two Systems' whereby Hong Kong people rule Hong Kong with a high degree of autonomy, so as to develop a democratic and stable situation in Hong Kong and avoid" after "in a pragmatic manner,"; to delete "the public on concrete proposals of constitutional reform, to avoid unnecessary arguments," before "causing social polarisation"; and to delete "; and to express to the Central Government that the principles prescribed in the Basic Law shall be respected and complied with in implementing constitutional reform" after "and instability".

    Public Officers to attend: Chief Secretary for Administration
    Secretary for Constitutional Affairs

  2. Corporate social and environmental responsibility

    Hon CHOY So-yuk:
    (Translation)

    That, in order to enhance Hong Kong's international image and its position as a financial centre and achieve sustainable development, this Council urges the Government to expeditiously develop a partnership relationship with the business sector, public organizations and voluntary agencies, etc, and to discuss with them to jointly formulate effective ways to implement the concept of corporate social and environmental responsibility; at the same time, the Government should direct the public sector to take the lead in implementing the relevant actions and, through extensive education and publicity, raise the public's awareness of corporate social and environmental responsibility as well as give impetus to the corporations concerned to shoulder their responsibility.

    Public Officer to attend : Chief Secretary for Administration

Clerk to the Legislative Council