A 03/04-34

Legislative Council

Agenda

Wednesday 30 June 2004 at 2:30 pm

(a)	the measures, policies and programmes introduced in the past year in response to the demands of the people participating in last year's march, including those relating to democratization; and
(b)	the contingency measures the Police will take to assist the participants in smoothly completing the march to be held on 1 July this year, so as to avoid the recurrence of last year's ordeal in which the march participants were stuck at the starting point for a long time under the scorching sun?

(a)	of the results the HKSAR Government has achieved by attending the Conference and the proposals it submitted;
(b)	whether the HKSAR Government was involved in setting the above target in respect of renewable energies and what target Hong Kong has set in this respect; and
(c)	as the Central Government is currently drafting the Renewable Energy Development and Utilization Promotion Law of the People's Republic of China for the development of renewable energies, of the complementing policies or measures the HKSAR Government has?

(a)	of the measures to enhance the capability and quality of the INEDs in monitoring the companies;
(b)	of the policies which can ensure due diligence of INEDs in supervising the management and operation of the companies so as to protect shareholders' rights and interests; and
(c)	whether it has conducted studies on the INED systems implemented in other countries; if it has, of the results of the study and the areas of such systems from which experience can be drawn by Hong Kong; if no such study has been conducted, of the reasons for that?

(a)	of the justifications for the policy change regarding the land grant of the IEs;
(b)	apart from the investment magnitude mentioned above, of the other criteria adopted by the authority concerned to provide TVB with the premium concession and allow it to rewrite the agreement a year later; and
(c)	whether the TVB case is the only case of granting concessions to investors according to the investment magnitude; if not, of the other cases?

(a)	of the implementation of the system since the reunification, together with an annex setting out the names of the HKETOs, the titles and ranks of the permanent posts and the ranks of the supernumerary posts involved, the names and terms of office of all such officers, the posts and substantive rank of each officer before assuming office, as well as the differences in salary before and after they assumed duty;
(b)	whether it has assessed if the practice, which allows a post to be taken up by an officer at a rank higher than that required of the post, constitutes misuse of public funds; if the assessment result is in the negative, of the rationale; and
(c)	whether it will review the implementation of the system and consider giving up the power to create these supernumerary posts and, instead, submitting the relevant applications to the Legislative Council?

(a)	the respective amounts of time spent on discussions with the six countries in reaching such agreements;
(b)	the number of meetings held between the Security Bureau and the Mainland authorities so far, and the details of each meeting, including the meeting date, officials attended, issues discussed and achievements made; and
(c)	the specific reasons for still not being able to reach an agreement with the Mainland authorities on the matter?

(a)	of the number of UGC-funded institutions operating educational programmes or providing courses outside Hong Kong in each year since 2001 and in each of the next three years; their sources of funding and amounts of investment in this respect; the number of courses involved, the admission capacities and tuition fees of such courses, the course venues and the levels of academic qualifications awarded, as well as the respective numbers of local and non-local students admitted to such courses;
(b)	whether Hong Kong students enrolled in the courses run by UGC-funded institutions outside Hong Kong are eligible for government subsidy; if so, of the number of students applying for subsidy in each of the past three years, as well as the educational institutions involved, the titles and tuition fees of the courses concerned, the levels of academic qualifications awarded, and the total amounts of subsidy granted;
(c)	whether a UGC-funded institution is allowed to practise cross-subsidy, in terms of manpower and teaching, between its education resources from public and private sources and between its education resources for local and non-local programmes; if so, of the reasons for that; if not, how such cross-subsidy can be prevented; and
(d)	how it monitors the educational programme investments or development plans of UGC-funded institutions, so as to ensure that such investments and plans will not cause a financial burden on them in the long term; of the objective criteria for ensuring that UGC-funded institutions should only operate educational programmes outside Hong Kong on a stable footing, as well as how it assures the quality of the academic qualifications awarded by UGC-funded institutions in the Mainland?

(a)	of the number of projects contracted out by the Housing Department, the Architectural Services Department, the Highways Department and the Civil Engineering Department in the past three years and their total value; the respective numbers of projects contracted out to contractors and consultant companies; and the number of labour disputes in connection with the projects contracted out by the Government and the number of employees involved;
(b)	whether the above departments, in contracting out projects, have kept information about the subcontractors, sub-subcontractors and all lower tier subcontractors; if so, of the respective numbers of subcontractors, sub-subcontractors and all lower tier subcontractors broken down by project; if not, whether it will consider requiring the contractors or consultant companies to provide such information; and
(c)	whether it will consider following the practices of private companies by keeping the name lists of all workers who are engaged in the projects contracted out by the Government and their employment contracts, and requiring the main contractors to assume the responsibility as an employer in any labour disputes involving their subcontractors at all tiers, to employ the workers under formal employment contracts, and to pay wages directly to the workers; if so, please provide the timetable for the adoption of these practices; if not, the reasons for that?

(a)	inspections have been carried out on lunch box containers currently available in the market for general use and those specially for students, to find out if they contain toxic chemicals and carcinogenic substances as well as their heat-stable and warmth-keeping levels; if so, of the dates and frequency of such inspections; and
(b)	there is currently legislation to regulate the ingredients of plastic lunch box containers; if so, of the details; if not, whether the authorities have plans to enact legislation for such regulation; if they have not, the reasons for that, and how it ensures the quality of plastic lunch box containers?

(a)	the number of medical practitioners and nursing staff who left the service in each of the past three years and their reasons for leaving, broken down by rank;
(b)	the number of medical practitioners employed by HA for specialist training in the past three years; the year in which the six-year training duration for specialists was adopted; the organization responsible for specialist training before such practice was implemented, as well as the roles of the Government and HA in this respect; and whether a review on the policy of specialist training will be conducted; and
(c)	the total number of trainees employed by HA for the development of the family medicine sector in the past three years; and apart from the training of family doctors, the measures in place to establish a system of family medicine to enable private practice by trainees upon the completion of their training?

(a)	the updated positions regarding the income, expenditure and balance of the above three compensation funds;
(b)	the details of the review mechanism, including the conditions under which the mechanism will be activated and how it operates; and
(c)	the details of the options being considered by SFC and when it will decide on the matter?

(a)	of the number of open air basketball courts managed by LCSD that are open to the public round the clock, together with the names and locations of these recreation grounds;
(b)	of the number of complaints received in each of the past three years about the noises originating from the basketball courts during the small hours; and
(c)	whether there are measures to tackle the noise problem mentioned above; if so, of the details of the measures; if not, the reasons for that?

(a)	of the current average number of police stations in each administrative district of Hong Kong, and whether complaints have been received over the past two years about inadequate police stations; if so, of the details;
(b)	of the current total number of police patrol vehicles and the number of patrols conducted at the same spot every week; and
(c)	how it ensures that the public will be given appropriate assistance when necessary, following the replacement of smaller police stations with police patrol vehicles?

(a)	of the review cycle and the criteria adopted in the review;
(b)	of the date of the latest review conducted and its results, and whether such results have been made public; if not, the reasons for that; and
(c)	whether they will consider inviting representatives of the relevant non-governmental organizations, district councils and parent associations to take part in the next review; if so, of the relevant arrangements; if not, the reasons for that?

(a)	of the number of applications made by owners of HOS flats in Ma On Shan for premium assessment last year, the average market value of these flats as assessed by HD, how the prevailing market values of HOS flats in this area compare with those of one year ago, the number of objections raised by owners of HOS flats in the area to HD's assessment of the market values of their flats ("MVA objection") in each month of last year, and the results of the objections;
(b)	of the average time taken by HD at present to process an MVA objection, and how this length of time compares with its performance pledge in this respect; whether the authorities concerned have reviewed the mechanism for processing MVA objections; if so, of the results of the review; if not, the reasons for that; and
(c)	whether the authorities concerned have reviewed the policy on the premium for HOS flats; if so, of the results of the review; if not, the reasons for that?

(a)	of the respective projected numbers of buildings of 60 to 69 storeys, 70 to 79 storeys and 80 storeys or above on both sides of Victoria Harbour which will be completed in the next three years, and their geographical distribution;
(b)	whether they have asked the developers of these buildings to assess at the design stage if the heights and appearances of such buildings satisfy the above criteria; if they have, whether they know the assessment results; if not, of the reasons for that; and
(c)	whether they will consider imposing statutory building height restrictions in designated areas so as to preserve the views of the ridgelines along both sides of Victoria Harbour and to avoid creating an impermeable wall along the waterfront?

(a)	the Hong Kong Police has participated in this operation in terms of intelligence and manpower; if so, of the form of its participation; if not, the reasons for that and whether it has assessed if the liaison and co-operation between the Hong Kong Police and its Macao and Mainland counterparts are adequate;
(b)	there is any evidence indicating that the forged smart identity cards seized by the Hong Kong Police in the past were made by this criminal syndicate; if so, why the Hong Kong Police had not been able to uncover this criminal syndicate at an earlier time; if not, the estimated current number of cross-boundary criminal syndicates involved in forging smart identity cards; and
(c)	the anti-forgery features adopted for Hong Kong smart identity cards have been grasped by the lawless elements; if so, of the remedial measures to be taken?

(a)	the total quantity and value of the drugs that were discarded by the pharmacies of public hospitals in each of the past three years because their validity had expired, together with a breakdown by the types of drugs;
(b)	the details of the drugs with the largest quantity or highest value among those discarded by each hospital cluster in each of the past three years, including their names, the quantity discarded, the total value and the diseases they are prescribed to cure; and
(c)	if the Hospital Authority has studied the reasons for the occurrence of the situation in which some drugs are not yet consumed upon the expiry of validity and have to be discarded, and the measures to avoid the occurrence of such situation?

(a)	of the details of the above incident, including the date at which the relevant person was selected by the alumni association, the stance of the Education and Manpower Bureau, the progress of the case, and the inclination of the alumni association; and whether there have been similar incidents since the reunification; if so, of the relevant details;
(b)	of the basis of the PSEM's power to refuse to appoint an SMC member; if the basis is legislative, of the relevant section(s) and details of the provision(s); if the basis is an administrative decision made according to policy, of the relevant policy document(s), guidelines or regulations; and whether an elected member of an SMC of a Government school is, like a manager of a subsidized school, entitled to seek judicial review when his/her appointment has been rejected;
(c)	whether concrete criteria are in place for determining if the appointment of an SMC member of a Government school should be rejected; if they are, of the details of the conditions and considerations pertinent to refusing to appoint an elected member of an SMC of a Government school, with an explanation on the relevant procedural arrangement;
(d)	whether the authorities will take into account the nature of the relevant offence in considering if a person with a criminal record should be precluded from taking up the post of member of an SMC of a Government school; as the offence committed by the relevant person in the above incident was a very minor one, why PSEM still refused to appoint that person as an SMC member;
(e)	during the period from the election of the person involved in the above incident to act as the SMC member to the beginning of June this year when the incident was revealed by the media, whether the authorities have informed all the teachers and students of the school of the fact that the person had not been appointed, and after the revelation of the incident, whether the authorities have explained the matter; if they have, of the details of the explanation; if not, the reasons for that and whether the lack of explanation contradicts the spirit of democracy, accountability and high transparency of school-based management; if they have, of the assessment results; and
(f)	whether the authorities have appointed anyone with a criminal record to act as a member of the SMC of a Government school since the reunification; if they have, of the details?

1. Proposed resolution under the Buildings Ordinance
   
   Secretary for Housing, Planning and Lands to move the following motion:
   
   RESOLVED that the Fifth Schedule to the Buildings Ordinance be amended -
   
   

   (a)	in area number 3(2), by repealing ", being the areas" and substituting - "being - (a) the areas";
   (b)	in area number 3(2)(a), by repealing the full stop at the end and substituting "; and";
   (c)	in area number 3(2), by adding - "(b) the areas delineated and shown edged black on the plans numbered KCR/ERE/TSTE/RP/100, KCR/ERE/TSTE/RP/101 and KCR/ERE/TSTE/RP/111, dated 1 June 2004, signed by the Secretary for Housing, Planning and Lands and deposited in the Land Registry.".

2. Proposed resolution under the Pharmacy and Poisons Ordinance
   
   Secretary for Health, Welfare and Food to move the following motion:
   
   RESOLVED that -
   
   

   (a)	the Pharmacy and Poisons (Amendment)(No. 2) Regulation 2004; and
   (b)	the Poisons List (Amendment)(No. 2) Regulation 2004,
   made by the Pharmacy and Poisons Board on 8 June 2004, be approved. (The two Regulations have been issued on 10 June 2004 under LC Paper No. CB(3) 704/03-04)

1. Qualifications framework for employees
   
   Hon LI Fung-ying: (Translation)
   
   That, as the Government has decided to establish a qualifications framework for employees in a number of industries to upgrade the competitiveness of the workforce, this Council urges the Government to comprehensively examine the profound impact on the employment of employees prior to implementing the relevant policy, and to consider using legislative measures and tax concessions to encourage employers to support the qualifications framework on the one hand and, on the other, ensure that the qualifications framework does not create immense pressure on employees.
   
   Amendment to Hon LI Fung-ying's motion
   Hon CHAN Yuen-han: (Translation)
   
   To add "so as to match the direction of Hong Kong's future long-term economic development" after "the competitiveness of the workforce"; and to delete "comprehensively examine the profound impact on the employment of employees prior to implementing the relevant policy, and to consider using legislative measures and tax concessions to encourage employers to support the qualifications framework on the one hand and, on the other, ensure that the qualifications framework does not create immense pressure on employees" after "this Council urges the Government to" and substitute with "take the following actions: (a) before implementing the relevant policy, comprehensively consult labour unions, business associations and relevant organizations on the formulation of the qualifications framework and details of its implementation; (b) develop a vocational-skills based qualifications framework in accordance with the practical situations of the trades, and study the establishment of an exemption mechanism for serving employees, so as to ensure that the qualifications framework does not create immense pressure on them; and (c) consider introducing other complementary measures to encourage employers to support the qualifications framework, such as offering tax concessions for employers who make arrangements for their employees to attend training and enrichment courses that meet the requirements of the qualifications framework".
   
   Public Officer to attend : Secretary for Education and Manpower
   
   
2. Promoting Pan-Pearl River Delta regional co-operation and development Hon IP Kwok-him: (Translation)
   
   That, as the Pan-Pearl River Delta Regional Co-operation Framework Agreement, signed by the Hong Kong Special Administrative Region, nine provinces/regions in the Pan-Pearl River Delta Region and the Macao Special Administrative Region, opens up a new scenario for economic integration and sustained development in the region and provides a more convenient and broader platform for Hong Kong's trades and industries to further expand their investments and develop markets in the Mainland, which is conducive to the development of Hong Kong's manufacturing and service industries, this Council urges the Government to attach great importance to the Agreement and grasp the business opportunities it brings about, enhance liaison with the nine provinces/regions and Macao, exert efforts to promote understanding of the Agreement among various sectors of the local business community, and adopt effective measures to give impetus to the implementation and development of the Agreement, so as to reinforce Hong Kong's position as a financial, logistics and commercial centre in the Region, as well as to facilitate the economic development of Hong Kong and create more employment opportunities.
   
   Amendment to Hon IP Kwok-him's motion
   Hon Mrs Sophie LEUNG: (Translation)
   
   To delete "and" after "local business community," to add "and strengthen the co-operativeness in high value-added industries," after "implementation and development of the Agreement,"; and to add "the further development of the local manufacturing industry and" after "so as to reinforce".
   
   Amendment to Hon Mrs Sophie LEUNG's amendment
   Hon SIN Chung-kai: (Translation)
   
   To delete "and" after "implementation and development of the Agreement,"; and to add "and protect Hong Kong businessmen's intellectual property rights in the Mainland," after "high value-added industries,".
   
   Public Officer to attend : Secretary for Constitutional Affairs