The LegCo Reporter
2004-2005
Issue No. 27 (7 July 2005)



At its meeting on 6 and 7 July 2005, the Legislative Council passed the following three bills:

(1)Bankruptcy (Amendment) Bill 2004, with amendments proposed by the Secretary for Financial Services and the Treasury at Committee Stage.

(2)Banking (Amendment) Bill 2005, with amendments proposed by the Secretary for Financial Services and the Treasury at Committee Stage.

(3)Industrial and Commercial Bank of China (Asia) Limited (Merger) Bill, with amendments proposed by Dr Hon David LI Kwok-po at Committee Stage.


At the same meeting, the Council passed the following four resolutions:

(1)Resolution moved by the Secretary for the Environment, Transport and Works under the Road Traffic (Driving-offence Points) Ordinance.

(2)Resolution moved by the Secretary for the Environment, Transport and Works under the Fixed Penalty (Criminal Proceedings) Ordinance.

(3)Resolution moved by the Secretary for Security relating to the Mutual Legal Assistance in Criminal Matters (Belgium) Order.

(4)Resolution moved by the Secretary for Security relating to the Mutual Legal Assistance in Criminal Matters (Denmark) Order.


The following two motions with no legislative effect were also passed by the Council:

(1)Motion on "Reviewing the mode of construction and operation for transport infrastructure", moved by Hon LAU Kong-wah as amended by Hon Miriam LAU Kin-yee and further amended by Hon Andrew CHENG Kar-foo

"That, in view of the toll increases by the operators of a number of transport infrastructures delivered through the Build-Operate-Transfer ('BOT') mode, which not only directly increase the burden of transport expenses on the public and lead to a rise in transportation costs for the business and industrial sectors, but also greatly aggravate the traffic congestion at other lower-toll tunnels or toll-free routes, thereby defeating the intended purpose of diverting traffic flows to various tunnels, this Council urges the Government to expeditiously put up, in six months' time, specific proposals for improvement regarding the following:
(a)actively exploring with the tunnel companies which own the franchises of the tunnels ways to achieve effective distribution of traffic among various tunnels and to relieve the pressure on various tunnels to increase their tolls, such as extending the franchise periods, standardizing and reducing the tolls or adopting other feasible measure;
(b)conducting a comprehensive review of the BOT mode and drawing conclusion from the relevant experience to serve as guidance in the financing, construction, toll charging and operation, etc, of future transport infrastructures, so as to avoid the above pitfalls and safeguard the interests of the public;
(c)reviewing whether the current toll increase mechanisms under the Tai Lam Tunnel and Yuen Long Approach Road Ordinance and the Western Harbour Crossing Ordinance are in the public interest, and avoiding the introduction of similar mechanisms for future transport infrastructures; and
(d)negotiating common ownership of the three road harbour crossings with the consortium which owns the franchises of both the Eastern Harbour Crossing and the Western Harbour Crossing, and presenting to this Council reports on the progress of the negotiations."

(2)Motion on "Improving general out-patient services", moved by Hon Andrew CHENG Kar-foo

"That, as the Hospital Authority ('HA') has in recent years adopted the practice of referring patients of its specialist out-patient clinics ('SOPCs') who are in stable condition to general out-patient clinics ('GOPCs'), leading to an increased demand for general out-patient ('GOP') services, while at the same time the Administration has reduced the funding for HA, as a result of which the existing GOP services are grossly inadequate and patients have to wait for an excessively long time for the services, this Council urges the Government to formulate a clear policy on the provision of out-patient services, ensure that GOP services can provide grass-roots people with an effective health care safety net; at the same time, the Government should enhance HA's transparency in policy formulation, service planning, resources deployment, service delivery, etc. so that the general public and local people can take part in deciding and monitoring the primary health care services provided by HA; furthermore, HA should increase the resources and manpower for GOPCs having regard to the number of patient referrals from SOPCs to GOPCs, and adopt effective measures to improve the quality and quantity of out-patient services, including:
(a)improving the processes and administrative arrangements of service delivery, increasing the quotas of booked appointment, and exploring alternative means, such as telephone and on-line booking, to replace the present chips allotment system, thereby saving patients the trouble of having to wait and collect the chips in person;
(b)formulating clearly defined staffing standards for health care personnel at GOPCs;
(c)allocating additional resources to shorten the waiting time at out-patient clinics in districts with a longer waiting time for out-patient services;
(d)allocating more resources to set up additional evening out-patient clinics in districts in need and increase the consultation quota at such clinics;
(e)expeditiously implementing its undertaking to set up Chinese medicine out-patient clinics in all the 18 districts in the territory; and
(f)provided that the burden on patients will not be increased, considering the use of public-private partnership approach to promote engagement of private medical practitioners in out-patient services."