A 03/04-6

Legislative Council

Agenda

Wednesday 5 November 2003 at 2:30 pm

I. Tabling of Papers
Subsidiary Legislation / InstrumentsL.N. No.
1.Admission and Registration (Amendment) (No. 2) Rules 2002 (Amendment) Rules 2003237/2003
2.Legal Practitioners (Risk Management Education) (Amendment) Rules 2003238/2003
3.Import and Export (General) Regulations (Amendment of Seventh Schedule) (No. 8) Notice 2003239/2003
4.Tax Reserve Certificates (Rate of Interest) (No. 5) Notice 2003

240/2003

Other Papers

1. No.20-Annual Report of the Protection of Wages on Insolvency Fund Board 2002-03
(to be presented by Secretary for Economic Development and Labour)

2. No.21-Report of changes to the approved Estimates of Expenditure approved during the first quarter of 2003-04 (Public Finance Ordinance : Section 8)
(to be presented by Secretary for Financial Services and the Treasury)

II. Questions

1. Hon Abraham SHEK to ask:

With regard to the Hong Kong Harbour Fest ("the Festival") organized by the American Chamber of Commerce ("AmCham") and sponsored by the Government, the Financial Secretary has admitted that the Government overestimated the AmCham's ability "to pull off such a complex event in such a short period of time". In this connection, will the Government inform this Council:
    (a)whether, before agreeing to sponsor the AmCham in organizing the Festival, the Government had assessed the latter's ability and experience in organizing such a large-scale entertainment event; and whether it had considered selecting interested parties to organize the event by way of open tender or appointing the Leisure and Cultural Services Department as the organizer;

    (b)whether it knows if the AmCham had assessed whether the entertainment promoters had the relevant skills and experience before engaging them to provide services for the event; if the AmCham had done that, of the details; if it had not, the reasons for that; and

    (c)whether the Government has assessed if entrusting an event with a budget of about $130 million to an organizer the ability of which has been overestimated constitutes dereliction of duty on the part of the senior government officials concerned; if the assessment result is in the affirmative, whether it will initiate disciplinary proceedings; if the assessment result is otherwise, of the justifications for that?
Public Officer to reply : Financial Secretary

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

Regarding the Hong Kong Harbour Fest ("the Festival"), will the Government inform this Council:
    (a)of the respective amounts spent on publicizing and promoting the Festival locally and overseas; details of other publicity and promotion activities apart from the production of a television special showcasing the Festival highlights for broadcast around the world as claimed by the Administration, and whether it has reviewed why most Hong Kong people, other than receiving continuous negative news about the Festival from the media, have been unaware of the specific programmes and schedule of the Festival; if it has, of the findings of the review;

    (b)whether the Administration has, during the preparation process, assessed the average attendance of each show of the Festival and the lowest acceptable attendance; if it has, of the assessment results; and

    (c)whether the Administration, as the major sponsor of the Festival, is only responsible for providing the subsidy, leaving the organiser to make its own selection of contractors for organising the Festival; of the organisations or contractors responsible for steering and coordinating the various shows of the Festival; and whether the Administration has ascertained that the various contractors share the same objectives and interests as those of the Government?
Public Officer to reply : Financial Secretary

3. Hon Emily LAU to ask:
(Translation)

There are comments that the arrangements for the Hong Kong Harbour Fest ("the Festival"), which is supported by the Government with public fund, are confusing and the ticket sales of its various programmes are poor, putting Hong Kong to shame. In this connection, will the Executive Authorities inform this Council:
    (a)given that the Administration told the Panel on Financial Affairs at its meeting on the 11th of last month that the Rolling Stones would not come to perform in the Festival as scheduled but, three days later, the band told a news agency that they would come to Hong Kong as scheduled and had received a deposit, whether the Administration has reviewed if it had been kept in the dark, resulting in the arrangements going out of control;

    (b)given that the organizer of the Festival announced on the 20th of last month that three local singers "had withdrawn from the Festival" but advised three days later that they would appear in the Festival as scheduled, of the reasons for such a state of confusion; and

    (c)as the organizer announced on the 22nd of last month that a British singing group could not take part in a concert scheduled for the 24th of last month and that it would distribute free tickets for the concert the following day, and some people were dissatisfied with the arrangements for distributing these tickets, whether the Administration has reviewed the relevant arrangements and assessed the impact of the distribution of free tickets on the income of the Festival and the reputation of Hong Kong; if so, of the review and assessment results; if not, the reasons for that?
Public Officer to reply : Financial Secretary

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

It has been reported that, due to poor ticket sales, the organizer of the Hong Kong Harbour Fest ("the Festival") has quietly given away free tickets to boost the attendance. Moreover, there are also comments that the audience's motivation to attend has been adversely affected because the foreign singers invited by the organizer are not appealing enough and they are also mismatched with local singers who are to perform in the same shows. In this connection, will the Government inform this Council whether it knows:
    (a)the criteria adopted by the organizer of the Festival for selecting organizations to be given the free tickets, as well as the total number and total value of the tickets given away; and

    (b)if the organizer of the Festival has conducted market research to ascertain the audience's preference before arranging the shows; if so, of the research results; if not, the measures taken by the organizer and the authorities to ensure that these publicly-funded shows will secure a satisfactory attendance?
Public Officer to reply : Financial Secretary

5. Hon Fred LI to ask:
(Translation)

In 2000, the Hong Kong Electric Company Limited ("HEC") increased the basic tariff. As Hong Kong's economy at that time had not fully recovered, the Government agreed that HEC increased the Fuel Clause Rebate in order to maintain the overall tariff. However, such rebate would be entered into the Fuel Clause Account of HEC's balance sheet. At the end of last year, the balance in the Account was $1,235 million. According to the agreement reached between the Government and HEC last year, HEC would gradually recover the amount from its customers by way of an additional surcharge so as to recover the Account balance in full by the end of 2008. In this connection, will the Government inform this Council:
    (a)when HEC put forward and when the Government approved the proposal to increase the Fuel Clause Rebate for the year 2000; the time until which the rebate would last; and whether the effect of such an arrangement was only to allow HEC customers to hold over payment for the increased portion of the tariff and make such payments in arrears in the subsequent years;

    (b)whether it has assessed if HEC's failure to set the Fuel Clause Rebate or Surcharge in accordance with fuel cost variations was already a breach of the Scheme of Control Agreement; and

    (c)of the reasons for allowing HEC to build up the balance in the Fuel Clause Account to $1,235 million; the estimated annual amount which HEC would recover from its customers from 2004 to 2008; and, as Hong Kong's economy has yet to recover and the unemployment rate is high, whether it will request HEC to postpone the recovery of the balance in the Account; if it will not, the reasons for that?
Public Officer to reply : Secretary for Economic Development and Labour

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

In spite of the three rounds of anti-mosquito campaigns launched by the Government from February to early October this year, Hong Kong's first locally-contracted Dengue fever case for the year occurred in October. In this connection, will the Government inform this Council:
    (a)whether it has plans to launch another round of anti-mosquito campaigns focusing on mosquito prevention measures in rural areas; and

    (b)of the respective numbers of warning letters and summonses issued by the authorities to owners of private land that breed mosquitoes during the three large-scale anti-mosquito campaigns completed not long ago, and whether the authorities have any new strategies to tackle the problem of mosquitoes on private land left unattended for a long time?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Will the Government inform this Council:
    (a)of the number of cases of underpaying foreign domestic helpers reported to the authorities in each of the past five years and, among them, the number of those which the authorities successfully prosecuted;

    (b)whether it has assessed if cases of underpaying foreign domestic helpers are rampant; if so, of the assessment results; and

    (c)of the measures to enhance the effectiveness of the efforts in investigating and prosecuting cases of underpaying foreign domestic helpers?
Public Officer to reply : Secretary for Economic Development and Labour

*8. Hon CHEUNG Man-kwong to ask:
(Translation)

Will the Government inform this Council:
    (a)how it prevents under-age girls from prostituting themselves at Internet cafes;

    (b)of the number of inspections conducted by the authorities at Internet cafes suspected of engaging in prostitution activities and prosecutions instituted in each of the past two years, and the number of such cafes which were prosecuted successfully; and

    (c)whether it has assessed the effectiveness of the existing laws in deterring prostitution activities at Internet cafes and in facilitating prosecution and combatting such activities; if it has, of the assessment results?
Public Officer to reply : Secretary for Security

*9. Dr Hon Eric LI to ask:
(Translation)

Will the Government inform this Council whether:
    (a)it has assessed the positive and negative impacts of the accession of China to the Treaty of Amity and Co-operation in Southeast Asia on the economic and trade interactions between Hong Kong and the Association of South-East Asian Nations ("ASEAN"); if so, of the assessment results;

    (b)it has studied Hong Kong's status within the China-ASEAN Free Trade Area ("FTA") and its functions in and influence on FTA; if it has, of the findings; and

    (c)Hong Kong-made products entering FTA will be entitled to the same rights as those enjoyed by products made in China?
Public Officer to reply : Secretary for Commerce, Industry and Technology

*10. Dr Hon LAW Chi-kwong to ask:
(Translation)

Regarding the procurement of medical instruments by the Hospital Authority ("HA"), will the Government inform this Council whether it knows:
    (a)the criteria and procedure adopted by HA and its hospitals for deciding to procure a particular type of medical instrument or otherwise;

    (b)the medical and other uses of the intense pulsed light ("IPL") devices, and whether overseas medical institutions use IPL devices for medical purposes;

    (c)if HA hospitals have procured IPL devices; if they have, of the names of the hospitals concerned, the uses of the instruments, the costs of procurement and the respective numbers of patients who had received IPL treatment in each of the past three years; and

    (d)which HA hospitals have plans to procure IPL devices or additional ones, the estimated costs involved and the estimated average annual numbers of patients who will receive IPL treatment?
Public Officer to reply : Secretary for Health, Welfare and Food

*11. Hon Howard YOUNG to ask:


In rely to my question on 2 May 2001, the Administration advised that the Study Group on Unruly Passengers ("Study Group") set up by the International Civil Aviation Organization ("ICAO") had decided to recommend to the ICAO Council a resolution to request contracting states to incorporate the Draft Model Legislation on Offences committed on Board Civil Aircrafts by Unruly or Disruptive Passengers into their respective national legislation, the Council would submit its report on this subject to the ICAO Assembly in September/October 2001, and the Administration was closely monitoring development in respect of the ICAO's efforts. As airlines in general wish to see enactment of such legislation as soon as possible, will the Government inform this Council:
    (a)of the outcome of ICAO Council's consideration of the Study Group's recommendation;

    (b)of the outcome of the ICAO Assembly's consideration of the Council's report on this subject and whether the Assembly has agreed to request contracting states to proceed with local legislation; and

    (c)whether the authorities will amend the existing legislation to sanction unruly or disruptive passengers on board aircraft; if so, of the legislative timetable, and the reasons for not including the legislative proposal in the legislative programme for the current legislative session?
Public Officer to reply : Secretary for Security

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

It has been reported that there were 454 crimes involving information technology ("IT") in the first nine months of this year, representing an increase of 67% over those of the same period last year. Most types of these cases were on the rise whilst the detection rate was only 3%. As for the cases referred to the Technology Crime Division of the Commercial Crime Bureau ("TCD") of the Police for investigation, 12 out of 15 cases were cracked down. Moreover, the Police had requested individual network operators to keep records on the server log of their customers to facilitate investigation and advised that if the record-keeping by network operators was not satisfactory, legislation might need to be introduced to require them to keep such records. In this connection, will the Government inform this Council:
    (a)of the reasons for the relatively low detection rate of crimes involving IT;

    (b)why only 15 cases had been referred to TCD for investigation in the first nine months of this year, representing only 3.3% of related cases during the same period;

    (c)of the criteria adopted by the Police for determining which criminal cases involving IT should be handled by TCD or other investigation divisions of the Police; and

    (d)of the situations under which the Police require network operators to keep records on the server log of their customers; and the number of such requests made by the Police over the past three years?
Public Officer to reply : Secretary for Security

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

According to the World Trade Organization Agreement on Textiles and Clothing, quota restrictions for textiles and clothing imports will be completely lifted on 1 January 2005. In this connection, will the Government inform this Council:
    (a)whether it has estimated and assessed

    (i)the percentage points by which Hong Kong's textiles and clothing exports will grow annually; and

    (ii)the number of jobs which will be created as a result of manufacturers relocating some of the textiles and clothing manufacturing processes to Hong Kong,

    following the complete removal of the quota system;

    (b)of the measures to encourage redevelopment of old-type factory buildings into fashion design centres so as to increase the added value of Hong Kong's clothing products;

    (c)of the measures to enhance training for talents in the textiles and clothing industries; and

    (d)of its plans to provide incentives for manufacturers to relocate some of the textiles and clothing manufacturing processes to Hong Kong with a view to creating more employment opportunities?
Public Officer to reply : Secretary for Commerce, Industry and Technology

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

I have received complaints that kites on broken strings often drift over the expressways near kite-flying venues, posing a threat to the safety of motor cyclists. In this connection, will the Government inform this Council:
    (a)whether it has statistics on the existing number of kite-flying venues situated near expressways;

    (b)whether the operators of such venues are required to apply for licences from the authorities concerned; if so, of the details; and

    (c)of the number of traffic accidents caused by kites on broken strings in the past three years, and the number of motor cyclists injured as a result; and whether prosecutions have been instituted against the venue operators concerned?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that the Fire Services Department is now at the preliminary stage of gathering information in order to study the feasibility of recruiting firefighter-paramedics in the future. In this connection, will the Government inform this Council whether:
    (a)paramedical training is provided for firemen at present; if so, of the details;

    (b)it has plans to change the entry requirements for firemen; if so, of the details; and

    (c)it has assessed the impact of the amalgamation of the fireman and ambulanceman grades on the demand for ambulancemen; if so, of the assessment results?
Public Officer to reply : Secretary for Security

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

I have received many complaints from members of the public about the water seepage on the walls or ceilings of their residential premises but, despite repeated complaints made to and assistance requested from the Water Supplies Department, the Food and Environmental Hygiene Department and the Buildings Department, the situation has not improved. Such seepage has adversely affected the living environment of the complainants. In this connection, will the Government inform this Council of:
    (a)the respective numbers of complaints about seepage on residential premises received by the above-mentioned departments over the past three years, and the number of such cases referred to other departments for follow-up action;

    (b)the number of cases mentioned in (a) above in which the causes of seepage were found and whether the Administration has assisted the complainants in solving the problems; if not, of the reasons for that; and

    (c)the measures the Administration has in place to help residents solve the problems of seepage in residential premises?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

It has been reported that some fruit juice shops use rotten fruits to squeeze juice for sale to people for consumption. In this connection, will the Government inform this Council of:
    (a)the total number of fresh fruit juice shops which were inspected by the Food and Environmental Hygiene Department in the past three years and, among them, the number of those which contravened the legislation on food hygiene, as well as the average penalty imposed on those so convicted; and

    (b)the measures in place to prevent unscrupulous business operators from selling fruit juice that may be harmful to people's health?
Public Officer to reply : Secretary for Health, Welfare and Food

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

In 1999, the Government advised the Bills Committee on the Provision of Municipal Services (Reorganization) Bill of its plan to align the fee levels of and fee-setting mechanisms for the services formerly provided by the two Municipal Councils within two years of their dissolution on 1st January 2000. In this connection, will the Government inform this Council of:
    (a)the fees and fee-setting mechanisms aligned so far;

    (b)the existing fees and fee-setting mechanisms yet to be aligned and the reasons for its failure to complete the exercise within the time limit of two years; and

    (c)the expected time of completion of the exercise?
Public Officer to reply : Secretary for Home Affairs

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

At present, members of the public can access the free Internet service in some public libraries for a two-hour session on advance booking. However, walk-in users can only access the Internet service when those who made advance bookings have failed to turn up or have not used up the entire session booked. In this connection, will the Government inform this Council whether it will consider providing Internet express lines in public libraries which do not require advance booking and are available for shorter sessions (for example, 15 minutes), so that members of the public who have not made advance booking need not wait a long time for undertaking on-line activities that only require a short access time, such as checking electronic mailbox and reading electronic mails etc? Public Officer to reply : Secretary for Home Affairs

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

In August last year, the Administration launched a scheme under which a grant was offered to encourage owners of diesel public light buses ("PLBs") to replace their vehicles early with those which use liquefied petroleum gas ("LPG") or electricity. Regarding the reduction of emissions from diesel vehicles, will the Executive Authorities inform this Council:
    (a)of the respective numbers of PLBs whose owners have applied for the grant to replace their vehicles with those which use LPG and electricity since the implementation of the scheme, as well as their percentages in the total number of PLBs in Hong Kong;

    (b)whether they have conducted a survey on the difficulties and concerns of PLB owners in replacing their vehicles with those which use LPG or electricity; if so, of the results of the survey and the improvement proposals arising therefrom; if not, whether it will conduct such a survey;

    (c)of the plans and supporting measures in place to attract more PLB owners to replace their vehicles with those which use LPG or electricity; and

    (d)whether they will reconsider financing PLB owners in replacing their vehicles early with new diesel engine models that meet the Euro III emission standard; if so, of the preliminary thinking; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment, Transport and Works

*For written reply.

III. Bills

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

Revenue (No. 3) Bill 2003 :Secretary for Financial Services and the Treasury

IV. Motions

Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for the Civil Service to move the following motion:


RESOLVED that the Statutes of the University of Hong Kong (Amendment) (No. 2) Statutes 2003, published in the Gazette as Legal Notice No. 186 of 2003 and laid on the table of the Legislative Council on 9 July 2003, be amended in section 7(a) by repealing everything after "repealing" and substituting "everything from "to entertain" to "therein" and substituting "to appoint any person or committee to entertain and, if appropriate, adjudicate upon, on its behalf, complaints from members of the University and persons employed in it and to redress their grievances";".

V. Members' Motions
  1. Combating the problem of Mainlanders engaging in illegal employment and prostitution in Hong Kong

    Hon YEUNG Yiu-chung:
  2. (Translation)

    That, as information indicates an upward trend in the number of Mainlanders arrested for engaging in illegal employment and prostitution in Hong Kong in recent years, which not only affects the employment of local workers, but also causes serious nuisances to the public, this Council urges the Government to:

    (a)increase manpower and step up inspections to combat such illegal activities;

    (b)review the relevant legislation and introduce heavier penalties; and

    (c)strengthen its communication with the public security and border control authorities of the Mainland and exchange relevant information in a timely manner, in order to enhance the collaborative efforts in combating illegal employment and prostitution.

    Amendments to Hon YEUNG Yiu-chung's motion
    (i) Hon James TO: (Translation)

    To add "; they work in construction sites, licensed food premises, guesthouses and places of public entertainment" after "That, as information indicates an upward trend in the number of Mainlanders arrested for engaging in illegal employment and prostitution in Hong Kong in recent years"; to delete "and" after "(a) increase manpower" and substitute with ","; to add ", and gather intelligence" after "step up inspections"; to delete "and" after "(b) review the relevant legislation and introduce heavier penalties;" and substitute with "(c) review the Government's outsourcing and licensing systems, and study the introduction of a point system and more stringent licensing requirements to penalize those employers who employ illegal workers, with a view to deterring them from employing illegal workers; and"; and to delete "(c)" and substitute with "(d)".

    (ii)Hon Frederick FUNG: (Translation)

    To add "and as the illegal stay of many of these Mainlanders in unlicensed guesthouses has indirectly encouraged these illegal activities," after "but also causes serious nuisances to the public,"; and to add ", and suggest to the relevant Mainland authorities that effective measures be adopted to prevent those Mainlanders who have committed crimes in Hong Kong from re-entering the territory with other identities" after "in order to enhance the collaborative efforts in combating illegal employment and prostitution".

Public Officer to attend : Secretary for Security

  • Regulating health foods

    Hon WONG Yung-kan:
  • (Translation)

    That, whereas it has become increasingly common for the public to purchase health foods, there are still quite a number of loopholes in existing legislation which regulates such foods, this Council urges the Government to devise a comprehensive regulatory mechanism for health foods, so as to safeguard the rights and interests of consumers and facilitate the development of the health food market.

      Amendments to Hon WONG Yung-kan's motion
      (i)Hon Mrs Selina CHOW: (Translation)

      To delete "whereas" after "That," and substitute with "as"; to delete "there are still quite a number of loopholes in existing legislation which regulates such foods," after "it has become increasingly common for the public to purchase health foods,"; to delete "devise a comprehensive regulatory mechanism for health foods" and substitute with "actively encourage the relevant trades and industries, including the manufacturers, importers, retailers and wholesalers, to provide information on their products, provided that it would not increase the burden on consumers or reduce their choices"; and to delete "safeguard the rights and interests of consumers and facilitate the development of the health food market" after "so as to" and substitute with "facilitate their making informed choices when purchasing health foods".

      (ii)Hon Fred LI: (Translation)

      To add ", including studying the introduction of a vetting and approval system as well as stepping up control over claims made in the advertisements concerned" after "this Council urges the Government to devise a comprehensive regulatory mechanism for health foods".

      Amendment to Hon Fred LI's amendment
      Hon CHAN Kwok-keung:
      (Translation)

      To add "and formulating a code of practice on quality production," after "including studying the introduction of a vetting and approval system"; and to add "and the contents of the labels" after "as well as stepping up control over claims made in the advertisements".

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

    Clerk to the Legislative Council