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A 03/04-26

Legislative Council

Agenda

Wednesday 5 May 2004 at 2:30 pm

I. Tabling of Papers
Subsidiary Legislation / Instruments L.N. No.
1.Hong Kong Examinations and Assessment Authority Ordinance (Amendment of Schedule 2) Order 200464/2004
2.Import and Export (Strategic Commodities) Regulations (Amendment of Schedule 1) Order 200465/2004
3.Securities and Futures (Contracts Limits and Reportable Positions) (Amendment) (No. 2) Rules 200466/2004
4.Employees Retraining Ordinance (Amendment of Schedule 2) (No. 2) Notice 200467/2004
5.Import and Export (General) Regulations (Amendment of Seventh Schedule) (No. 2) Notice 200468/2004
6.Tax Reserve Certificates (Rate of Interest) (No. 3) Notice 200469/2004
7.Legal Services Legislation (Miscellaneous Amendments) Ordinance 1997 (94 of 1997) (Commencement) Notice 200470/2004
8.Noise Control (Amendment) Ordinance 2002 (19 of 2002) (Commencement) Notice 200471/2004
9.Law Amendment and Reform (Miscellaneous Provisions) Ordinance 2003 (14 of 2003) (Commencement) Notice 200472/2004

Other Papers

1. No.81 -Report of changes to the approved Estimates of Expenditure approved during the third quarter of 2003-04 (Public Finance Ordinance : Section 8)
(to be presented by Secretary for Financial Services and the Treasury)

2. Report of the Bills Committee on Deposit Protection Scheme Bill
(to be presented by Hon Albert HO, Chairman of the Bills Committee)

3. Report of the Bills Committee on Broadcasting (Amendment) Bill 2003
(to be presented by Hon SIN Chung-kai, Chairman of the Bills Committee)

II. Questions

1. Hon Andrew CHENG to ask: (Translation)

Regarding the alleviation of the burden of travelling expenses on students for home-school journeys, will the Government inform this Council:
Public Officer to reply : Secretary for the Civil Service
(in the absence of Secretary for Education and Manpower)

2. Hon Tommy CHEUNG to ask: (Translation)

Regarding the import of beef from countries which have reported cases of cattle being infected with the mad-cow disease, will the Government inform this Council: Public Officer to reply : Secretary for Health, Welfare and Food

3. Hon WONG Sing-chi to ask:
(Translation)

Will the Government inform this Council:
Public Officer to reply : Secretary for the Civil Service
(in the absence of Secretary for Home Affairs)

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

Concerning the Hospital Authority's ("HA") handling claims of medical negligence, will the Government inform this Council: Public Officer to reply : Secretary for Health, Welfare and Food

5. Hon NG Leung-sing to ask:
(Translation)

Recently, there has been a spate of cases of criminal elements seeking to defraud by faking the web-sites set up or electronic mails sent by some local banks or other financial institutions. In this connection, will the Government inform this Council of:
Public Officers to reply : Secretary for Security
Secretary for Financial Services and the Treasury

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

It has been reported that the Hong Kong Patients' Rights Association has recently received four complaints from the family members of patients of public hospitals who suspect that health care personnel have tampered with their relatives' medical records in an attempt to cover up evidence which may work to the disadvantage of such personnel. Such act may constitute an offence of making a false instrument. In this connection, will the Executive Authorities inform this Council whether: Public Officer to reply : Secretary for Health, Welfare and Food

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

Regarding the employment statistics compiled by the Census and Statistics Department, will the Government inform this Council of the numbers of employed persons who worked 60 hours or above during the seven days before enumeration (excluding foreign domestic helpers) in each of the past three years, broken down by industry and occupation? Public Officer to reply : Secretary for Financial Services and the Treasury

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

Will the Government inform this Council of: Public Officer to reply : Chief Secretary for Administration

*9. Hon CHAN Yuen-han to ask:
(Translation)

Regarding the remuneration and benefits of the government employees on non-civil service contract terms, will the Government inform this Council: Public Officer to reply : Secretary for the Civil Service

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

It was reported that the respective numbers of complaints involving the Kowloon-Canton Railway Corporation ("KCRC"), the Light Rail and red minibuses received by the Transport Complaints Unit of the Transport Advisory Committee in 2003 were higher than those of 2002. In this connection, will the Government inform this Council of: Public Officer to reply : Secretary for the Environment, Transport and Works

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

I have received complaints from members of the public that some elderly persons living in residential care homes ("elderly residents") have been defrauded of their bank deposits and even ownership of real estates. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Security

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

Regarding the accountability system for principal officials, will the Government inform this Council: Public Officer to reply : Secretary for Constitutional Affairs

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

It has been reported that the Hospital Authority ("HA") plans to launch the Patients Referral Scheme on Drug Compliance and Counselling Service this July. Registered pharmacists from the participating pharmacies will, at no charge, follow up the drug administration of patients of the specialist out-patient clinics at public hospitals who suffer from cardiovascular, diabetes mellitus or asthmatic diseases. In this connection, will the Government inform this Council whether it knows: Public Officer to reply : Secretary for Health, Welfare and Food

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

It has been reported that apart from the web-sites of various policy bureaux and government departments, dedicated web-sites have also been set up for specified issues or subjects. In this connection, will the Government inform this Council of:
Public Officer to reply : Secretary for the Civil Service
(in the absence of Secretary for Home Affairs)

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

Since the "911" incident in 2001, terrorist attacks have plagued Bali of Indonesia, Zamboanga of the Philippines, Istanbul of Turkey, Moscow of Russia and Madrid of Spain etc., causing heavy casualties and demonstrating the unpredictability of terrorist activities. In view of Hong Kong's developed infrastructure and vibrant activities in external transportation, communications and finance etc., will the Government inform this Council: Public Officer to reply : Secretary for Security

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

It has been reported that water seepage from the ceiling has caused a prolonged nuisance to the tenant of a flat in Kwong Tin Estate, Lam Tin. The Housing Department ("HD") has issued 61 letters to the tenant of the flat above the affected unit requesting entry for inspection and maintenance purposes, but to no avail. In this connection, will the Government inform this Council whether: Public Officer to reply : Secretary for Housing, Planning and Lands

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

Regarding cancer cases, will the Government inform this Council of: Public Officer to reply : Secretary for Health, Welfare and Food

*18. Hon Emily LAU to ask:


Article 46 of the Basic Law stipulates that "The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years......". In this connection, will the Executive Authorities inform this Council whether they have assessed if it is in compliance with the Basic Law to specify in the Chief Executive Election Ordinance (Cap. 569) that where a vacancy arises in the office of the Chief Executive ("CE") before the expiry of a full five-year term, the CE elected to fill such a vacancy will only serve out the term of office of the preceding CE; if the assessment result is in the affirmative, whether they will amend the Ordinance to that effect; if they will not, of the reasons for that; if the assessment result is in the negative, of the justifications for that?

Public Officer to reply : Secretary for Constitutional Affairs

*For written reply.

III. Bills

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


1.Deposit Protection Scheme Bill :Secretary for Financial Services and the Treasury

2.Broadcasting (Amendment) Bill 2003 : Secretary for Commerce, Industry and Technology

IV. Members' Motions

  1. Requesting the Chief Executive to submit a supplementary report to the Standing Committee of the National People's Congress

    Hon Frederick FUNG:
    (Translation)

    That this Council does not accept the report submitted by the Chief Executive ("CE") to the Standing Committee of the National People's Congress, and is dissatisfied with the nine factors proposed therein regarding constitutional reform, as such a move is tantamount to setting up more barricades hindering the implementation of universal suffrage in Hong Kong and hampering the development of democracy; at the same time, this Council urges the CE to consult Hong Kong people immediately and submit a supplementary report which fully reflects the opinions of the public, so as to meet Hong Kong people's expectations of electing the CE and all Legislative Council Members by universal suffrage in 2007 and 2008 respectively.

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


  2. Curbing domestic violence

    Hon Cyd HO:
    (Translation)

    That this Council urges the Administration to make every effort to curb domestic violence, expeditiously amend the Domestic Violence Ordinance, allocate more resources and provide training to enhance the ability of front-line personnel to deal with cases of domestic violence.

    Amendments to Hon Cyd HO's motion
    (i)Hon CHAN Yuen-han: (Translation)

    To delete "make every effort to curb" after "That this Council urges the Administration to" and substitute with "formulate a comprehensive policy to curb"; to add "study the introduction of legislation to prohibit stalking relating to domestic violence and instil into young people, through education, the concept of refraining from using violence to solve family problems, as well as to" after "expeditiously amend the Domestic Violence Ordinance,"; to add "to the high-risk communities" after "allocate more resources"; to add "such as social workers and police officers" after "the ability of front-line personnel"; and to add ", so as to prevent further occurrence of domestic violence" after "to deal with cases of domestic violence".

    (ii)Hon Miriam LAU: (Translation)

    To add "and thoroughly review the current counselling methods," after "expeditiously"; to delete "allocate more resources and provide" after "the Domestic Violence Ordinance," and substitute with "take a stronger lead in co-ordinating the efforts of various government departments and voluntary agencies, optimize the use of existing resources before allocating further resources, and step up"; and to add "and vigilance" after "to enhance the ability".

    (iii)Dr Hon TANG Siu-tong: (Translation)

    To delete ", allocate" after "the Domestic Violence Ordinance" and substitute with "and review the existing practice adopted by the Police in handling cases of domestic violence so as to protect the victims, as well as to allocate, with respect to the characteristics and needs of individual districts,"; and to delete "domestic violence" after "to deal with cases of" and substitute with "this nature; at the same time, the Administration should join hands with non-governmental bodies in promoting family harmony, proper interpersonal relations and the neighbourhood spirit, so as to strengthen community support for families and stamp down domestic violence through concerted efforts".

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


Clerk to the Legislative Council