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A 03/04-5

Legislative Council

Agenda

Wednesday 29 October 2003 at 2:30 pm

I.Tabling of Papers
Subsidiary Legislation / InstrumentsL.N. No.
1.Food Adulteration (Artificial Sweeteners) (Amendment) Regulation 2003225/2003
2.Food and Drugs (Composition and Labelling) (Amendment) Regulation 2003226/2003
3.Chinese Medicine Ordinance (Cap. 549) (Commencement) (No. 2) Notice 2003227/2003
4.Chinese Medicine (Fees) Regulation (Cap. 549 sub. leg. E) (Commencement) (No. 2) Notice 2003228/2003
5.Chinese Medicines Regulation (Cap. 549 sub. leg. F) (Commencement) (No. 2) Notice 2003229/2003
6.Harmful Substances in Food (Amendment) Regulation 2001 (L.N. 148 of 2001) (Commencement) Notice 2003230/2003
7.Public Health (Animals and Birds) (Chemical Residues) Regulation (Cap. 139 sub. leg. N) (Commencement) Notice 2003231/2003
8.Prevention of Child Pornography Ordinance (31 of 2003) (Commencement) Notice 2003232/2003
9.Trade Descriptions (Country of Origin) (Watches) (Amendment) Order 2003233/2003
10.Trade Descriptions (Place of Manufacture) (Piece-Knitted Garments) Notice

234/2003

Other Papers

1. No.14-Audited Statement of Accounts and Auditors' Report for the Fish Marketing Organization for the year ended 31 March 2003
(to be presented by Secretary for Health, Welfare and Food)

2. No.15-Audited Statement of Accounts and Auditors' Report for the Vegetable Marketing Organization for the year ended 31 March 2003
(to be presented by Secretary for Health, Welfare and Food)

3. No.16-Marine Fish Scholarship Fund Trustee's Report and Audited Statement of Accounts and Auditors' Report for the Fund for the year ended 31 March 2003
(to be presented by Secretary for Health, Welfare and Food)

4. No.17-Agricultural Products Scholarship Fund Trustee's Report and Audited Statement of Accounts and Auditors' Report for the Fund for the year ended 31 March 2003
(to be presented by Secretary for Health, Welfare and Food)

5. No.18-The Government Minute in response to the Fifteenth Annual Report of the Ombudsman issued in June 2003
(to be presented by Chief Secretary for Administration, who will address the Council)

6. No.19-Office of the Telecommunications Authority Trading Fund Report 2002/03
(to be presented by Secretary for Commerce, Industry and Technology)


II. Questions

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

The Trade Development Council ("TDC") decided at the end of September this year that it would stage a summer sourcing fair for the toys, gifts and houseware industries, starting from July next year. However, the exhibition period of this fair is very close to that of a similar trade fair conventionally organized by private organizers in October each year. The summer fair has therefore been criticized by the industry as being unnecessary and dealing a blow to the business environment of the private exhibitions industry. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Commerce, Industry and Technology

2. Hon Michael MAK to ask:
(Translation)

It has been reported that a private laboratory was commissioned by a private hospital to conduct Severe Acute Respiratory Syndrome ("SARS") virus tests last month, but the preliminary and final results of the test were inconsistent. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Health, Welfare and Food

3. Hon LAU Wong-fat to ask:
(Translation)

Regarding the arrangements for 24-hour passenger clearance, will the Government inform this Council: Public Officer to reply : Secretary for Security

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

The Central People's Government has decided to apply the United Nations Framework Convention on Climate Change ("UNFCCC") to Hong Kong with effect from 5 May this year and the Kyoto Protocol under UNFCCC will be applicable to Hong Kong when it comes into operation. Both instruments seek to reduce global emissions of greenhouse gas. In this connection, will the Government inform this Council whether it has formulated measures to implement UNFCCC and the Kyoto Protocol; if so, of the relevant details; if not, the reasons for that? Public Officer to reply : Secretary for the Environment, Transport and Works

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

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

6. Hon Mrs Selina CHOW to ask:
(Translation)

The Government has implemented four funding schemes for small and medium enterprises ("SMEs") since December 2001, namely the SME Business Installations and Equipment Loan Guarantee Scheme, the SME Export Marketing Fund, the SME Training Fund and the SME Development Fund. The authorities have also reviewed the funding schemes and have introduced a number of improvement measures. In this connection, will the Government inform this Council of: Public Officer to reply : Secretary for Commerce, Industry and Technology

*7. Hon WONG Yung-kan to ask:
(Translation)

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

*8. Hon Albert HO to ask:
(Translation)

It has been reported that the Building Committee ("BC") of the Housing Authority endorsed a cost-saving programme in June this year. Under the programme, new public housing ("PH") units will no longer be provided with iron gates; paint instead of tiles will be used for decorating the exterior walls of corridors; and an intelligent energy efficiency system will be adopted for public lighting within the blocks, etc. However, I have learnt that, prior to the endorsement of the said programme, iron gates had already not been provided for the new PH units at Tsz Wan Shan and Tin Shui Wai. In this connection, will the Government inform this Council of: Public Officer to reply : Secretary for Housing, Planning and Lands

*9. Hon HUI Cheung-ching to ask:
(Translation)

It has been reported that the Shanghai Municipal Government and the Civil Aviation Administration of China would jointly set up the Leading Group for the Facilitation of the Development of the Asia Pacific Aviation Hub. The leading group would actively strive for the full liberalization of the fifth freedom traffic rights for passenger and freight services in Shanghai, in order to accelerate Shanghai's development into an Asia Pacific aviation hub. In this connection, will the Government inform this Council whether: Public Officer to reply : Secretary for Economic Development and Labour

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

In July this year, the authorities released the consultant's report on the Technical Feasibility Study on Increasing Interconnection Between the Two Power Companies, which has recommended that the route of the two power companies' new interconnectors should start from Yau Ma Tei Substation, run through the West Kowloon Reclamation, cross the Victoria Harbour under the seabed, and land in the Central-Wan Chai reclamation area. It will then go into the new transformer building and run along Harbour Road to the new Wan Chai Substation. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Economic Development and Labour

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

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

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

Regarding the implementation of the harmonisation of pre-primary services from the 2004/05 school year, will the Government inform this Council: Public Officer to reply : Secretary for Health, Welfare and Food

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

I have received a number of complaints against lessees of government land on short-term leases who have not used or managed the land in accordance with the lease conditions, such as abandoning the land for prolonged periods or making unauthorized use of the land. In this connection, will the Government inform this Council of: Public Officer to reply : Secretary for Housing, Planning and Lands

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

In May this year, the Home Affairs Department launched a publicity campaign entitled區區有睇頭,香港樂悠遊to promote the features and attractions in the 18 districts throughout Hong Kong, with a view to attracting local people and tourists to visit the places promoted, and hence boosting the local community economy. However, I have noted that the information on the website specially set up for the campaign ("the dedicated website") is available only in simplified and traditional Chinese but not in English, and the Announcements of Public Interest ("APIs") for the campaign are produced in Cantonese only, with no Putonghua and English versions. In this connection, will the Executive Authorities inform this Council: Public Officer to reply : Secretary for Home Affairs

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

Regarding the outsourcing of the medical examination service for disciplined services officers, will the Government inform this Council of: Public Officer to reply : Secretary for the Civil Service

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

I have learnt that the marine polluting waste collected by the Tsing Yi Chemical Waste Treatment Centre ("TYCWTC"), if treated with the oil-water separation process and mixed with other oil products, can produce recycled fuel oil. Moreover, the Government requires that recycled fuel oil should be used only as fuel for ocean-going vessels and not for any use on land. The authorities also require that all activities relating to the supply of recycled fuel oil to ocean-going vessels should only take place in Hong Kong. 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)

Two tram drivers felt unwell and collapsed on the 29th of last month and the first of this month respectively while performing driving duty. In this connection, will the Government inform this Council whether: Public Officer to reply : Secretary for the Environment, Transport and Works

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

I have received complaints alleging that a person holding a Green Card issued by the United States ("US") Government participating in the 2000 Legislative Council ("LegCo") Election might have contravened section 37 of the Legislative Council Ordinance (Cap. 542), which stipulates that at a LegCo election, except for elections regarding the 12 specified functional constituencies (the same exception applies below), a candidate must have "no right of abode in any country other than the People's Republic of China". For this matter, I have made several enquiries with the Department of Justice ("D of J"), asking whether holding a Green Card issued by the United States is equivalent to having the right of abode in a foreign country, thereby rendering the holder ineligible for candidature in LegCo elections. However, the Secretary for Justice has refused to answer my enquiry on grounds that giving legal advice to individuals is not a major function of the Department. In this connection, will the Government: Public Officer to reply : Secretary for Constitutional Affairs

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

At the end of last month, two students from the same secondary school were successively confirmed to have contracted open tuberculosis ("TB"), which is highly infectious. In this connection, will the Executive Authorities inform this Council: Public Officer to reply : Secretary for Health, Welfare and Food

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

The HKSAR Government has reached an agreement with the Central People's Government on the implementation details of "Mainland and Hong Kong Closer Economic Partnership Arrangement" ("CEPA"). In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Commerce, Industry and Technology

*For written reply.

III. Bills

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


Import and Export (Facilitation) Bill 2003 : Secretary for Commerce, Industry and Technology

IV. Motions

  1. Proposed resolution under the District Court Ordinance

    Chief Secretary for Administration to move the following motion:


    RESOLVED that, with effect from 1 December 2003, the District Court Ordinance (Cap. 336) be amended in the provisions specified below by repealing "$600,000" wherever it appears and substituting "$1,000,000" -

  2. Proposed resolution under the Mutual Legal Assistance in Criminal Matters Ordinance

    Secretary for Security to move the following motion:


    RESOLVED that the Mutual Legal Assistance in Criminal Matters (Netherlands) Order, made by the Chief Executive in Council on 7 October 2003, be approved.

V. Members' Motions

  1. Appointment of a select committee

    Dr Hon LAW Chi-kwong to move the following motion:


    That this Council appoints a select committee to inquire into the handling of the Severe Acute Respiratory Syndrome outbreak by the Government and the Hospital Authority in order to examine the performance and accountability of the Government and the Hospital Authority and their officers at policy-making and management levels in that regard; and that in the performance of its duties the committee be authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of that Ordinance.

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

  2. Reducing gas, electricity and water charges

    Hon TAM Yiu-chung:
    (Translation)

    That, as various public transport operators have reduced their fares or offered concessions to passengers, this Council urges the Government to adopt the following measures to further alleviate the burden on the public and the commercial and industrial sectors, and speed up the economic recovery of Hong Kong, thereby promoting employment:

    Public Officer to attend : Secretary for Economic Development and Labour

  3. Expectations for the implementation of policies

    Dr Hon YEUNG Sum:
    (Translation)

    That this Council urges the Government to prudently consider the expectations of the Members of this Council for the 2004 Policy Address.

    Public Officer to attend : Chief Secretary for Administration


Clerk to the Legislative Council