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A 07/08-5

Legislative Council

Agenda

Wednesday 31 October 2007 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
1.Dangerous Goods (Consignment by Air) (Safety) (Amendment) Regulation 2007193/2007
2.Dangerous Goods (Consignment by Air) (Safety) (Amendment) Regulation 2006 (Amendment) Regulation 2007194/2007
3.Air Navigation (Hong Kong) Order 1995 (Amendment of Schedule 16) Order 2007195/2007
4.Hong Kong Examinations and Assessment Authority Ordinance (Amendment of Schedule 1) Order 2007196/2007
5.Dangerous Goods (Consignment by Air) (Safety) Regulations (Amendment of Schedule) Order 2006 (Amendment) Order 2007197/2007
6.Securities and Futures (Contracts Limits and Reportable Positions)(Amendment) (No. 2) Rules 2007198/2007
7.Fugitive Offenders (Corruption) Order (Commencement) Notice199/2007
8.Rail Merger Ordinance (Commencement) Notice200/2007
9.Unsolicited Electronic Messages Ordinance (Commencement) Notice201/2007
10.Unsolicited Electronic Messages Regulation (Commencement) Notice202/2007

Other Papers

1.No.19-Electrical and Mechanical Services Trading Fund
Annual Report 2006-2007
(to be presented by Secretary for Development)

2.No.20-Consumer Council
Annual Report 2006-2007
(to be presented by Secretary for Commerce and Economic Development)

3.No.21-Office of the Telecommunications Authority
Trading Fund Annual Report 2006-2007
(to be presented by Secretary for Commerce and Economic Development)

4.No.22-Annual Report 2006 to the Chief Executive by the Commissioner on Interception of Communications and Surveillance (together with a statement under section 49(4) of the Interception of Communications and Surveillance Ordinance)
(to be presented by Secretary for Security)

5.No.23-Post Office Trading Fund
Annual Report 2006-2007
(to be presented by Secretary for Commerce and Economic Development)

6.No.24-Hong Kong Council on Smoking and Health
Annual Report 2006-2007
(to be presented by Secretary for Food and Health)

II. Questions

1. Hon TAM Heung-man to ask:
(Translation)

It has been reported that the train depot of the Shatin to Central Link ("SCL") will be built on the land at the former Tai Hom Village site at Diamond Hill, with property development projects above the depot. The Wong Tai Sin District Council has expressed its objection to the construction of the depot there and the concern that the construction of the depot will create a lot of noises and wall effect. In this connection, will the Government inform this Council whether: Public Officer to reply : Secretary for Transport and Housing

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

As cases have occurred from time to time in which ex-mental patients, who have returned to the community but still need to take medication regularly, injuring themselves or other people because they were in emotional distress or did not take medication according to schedule, will the Government inform this Council: Public Officer to reply : Secretary for Food and Health

3. Hon Frederick FUNG to ask:
(Translation)

Regarding the work on promoting the development of social enterprises ("SEs"), will the Government inform this Council: Public Officer to reply : Secretary for Home Affairs

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

In consultation with the Hong Kong Council for Academic Accreditation and tertiary institutions, the Government formulated in 2001 a set of common descriptors for associate degree ("AD") programmes, in which the programme objectives, entry requirements, exit qualifications, etc. were outlined. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Education

5. Hon Alan LEONG Kah-kit to ask:
(Translation)

Concerning the appointed seats of District Councils ("DCs"), will the Government inform this Council: Public Officer to reply : Secretary for Home Affairs

6. Hon WONG Ting-kwong to ask:
(Translation)

In January this year, the Focus Group on Trade and Business of the Economic Summit on "China's 11th Five-Year Plan and the Development of Hong Kong" submitted its report to the Chief Executive, proposing that the Government should, among other things, establish a high-level Brand Hong Kong Group to promote the development of Brand Hong Kong. In this connection, will the Government inform this Council of: Public Officer to reply : Secretary for Commerce and Economic Development

*7. Hon Miriam LAU to ask:
(Translation)

It has been reported that there is a very big discrepancy between the actual throughput of the Hong Kong-Shenzhen Western Corridor and the projected figures, indicating that the corridor has failed to ease the traffic congestion at other control points effectively. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Transport and Housing

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

It has been reported that the Next Media Limited has been involved in 18 cases of publishing indecent articles since 2003. The reports have also indicated that, Oriental Daily News, The Sun, Apple Daily and NOW, a foreign magazine available in Hong Kong, published in December 2005 an identical set of photographs of an overseas female celebrity, but only the former two newspapers were classified as indecent articles, and NOW was not even submitted for classification. In addition, it has also been reported that the Next Media Limited has a record of over 100 convictions for publishing indecent articles so far. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Commerce and Economic Development

*9. Hon CHEUNG Hok-ming to ask:
(Translation)

Will the Government inform this Council: Public Officer to reply : Secretary for Transport and Housing

*10. Dr Hon Joseph LEE Kok-long to ask:
(Translation)

Regarding the motion on "Policy on nursing manpower" passed by this Council on 20 June this year, the Government indicates in its progress report on the motion that it will upgrade local nursing education to degree level. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Food and Health

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

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

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

Recently, many members of the public have reflected to me that quite a number of government-subsidized non-profit-making kindergartens ("subsidized kindergartens") have increased their tuition fees in the current school year. Although starting from the current school year, parents have received fee subsidy through education vouchers, they still find it difficult to afford the high tuition fees, and they also query why these kindergartens have increased their fees. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Education

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

Regarding the problem of inflation, will the Executive Authorities inform this Council: Public Officer to reply : Financial Secretary

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

Will the Government inform this Council of the profits tax income received in each month of the past three tax years?

Public Officer to reply : Secretary for Financial Services and the Treasury

*15. Dr Hon David LI to ask:


The Business Facilitation Advisory Committee ("BFAC") was established in January 2006 to take forward the business facilitation advisory role of the former Economic and Employment Council ("EEC"), which was disbanded in December 2005. Since then, the four Task Forces established by EEC to conduct regulatory reviews on various trades have been reporting to BFAC. In this connection, will the Government inform this Council: Public Officer to reply : Financial Secretary

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

I have received views from members of the public that the design of old community centres ("CCs") in various districts is relatively outdated (such as the lack of lifts, etc.), failing to meet users' needs and causing inconvenience to toddlers, the elderly and disabled persons. In this connection, will the Government inform this Council whether: Public Officer to reply : Secretary for Home Affairs

*17. Hon TSANG Yok-sing to ask:
(Translation)

It has been reported that although the School Textbook Assistance Scheme administered by the Student Financial Assistance Agency ("SFAA") provides assistance to needy students for covering the costs of essential textbooks and miscellaneous school-related expenses, many families cannot be benefited because of the relatively stringent assessment criteria and lengthy application procedure. Moreover, SFAA makes assistance payment normally in October after a school year has begun, and the maximum amount of a full grant is only about $2,000, which is insufficient to offset the textbook expenses of around $3,000. As a result, the assistance cannot meet the urgent needs of the parents. In this connection, will the Government inform this Council whether it has plans to review the above assistance scheme (including considering suitably relaxing the assessment standards, increasing the assistance amounts according to the inflation rate, making earlier assistance payment to all eligible applicants, as well as specially expediting the processing of applications from students who were given full grants in the previous year); if it has, of the details of the plans; if not, the reasons for that?

Public Officer to reply : Secretary for Education

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

The Education Bureau (formerly the Education and Manpower Bureau) has been promoting the establishment of the Qualifications Framework ("QF") and its associated quality assurance mechanism since 2002. So far, a total of 12 industries have formed their Industry Training Advisory Committees. In this regard, will the Government inform this Council: Public Officer to reply : Secretary for Education

*19. Hon LAU Kong-wah to ask:
(Translation) Recently, a number of robberies which occurred in various districts are suspected to be committed by illegal entrants ("IEs"). In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Security

*20. Prof Hon Patrick LAU Sau-shing to ask:
(Translation)

The family tragedy which occurred in Tin Shui Wai recently has aroused public concern about the adequacy of assistance hotlines providing emotional counselling services. In this connection, will the Government inform this Council of: Public Officer to reply : Secretary for Labour and Welfare

*For written reply.

III. Motions

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 (Malaysia) Order, made by the Chief Executive in Council on 8 May 2007, be approved.

(The Mutual Legal Assistance in Criminal Matters
(Malaysia) Order was issued on 17 May 2007
under LC Paper No. CB(3)588/06-07)

IV. Members' Motions

  1. Facing up to the needs of people with disabilities in using transport

    Hon LEUNG Yiu-chung:
    (Translation)

    That this Council passed motions in the 2002-2003, 2003-2004, 2005-2006 and 2006-2007 sessions calling for improvement to transport facilities for people with disabilities and offer of concessionary fares to them, but the government departments concerned, some statutory transport corporations and other public transport operators have failed to take corresponding measures and face up to the requests; this Council considers that for many years there is a general consensus in the community that there is a need to offer transport concessions to help people with disabilities to integrate into society and the Government is duty-bound to take the matter forward, this Council is greatly dissatisfied and expresses deep regret that the Government has been procrastinating for years and has not achieved any results so far; moreover, some transport operators have recently proposed that the Government should bear all the deficits or keep all the surpluses arising from the introduction of half-fare concession for people with disabilities, but the Government has been procrastinating on the matter on the ground of financial commitments, which calls into question the Government's sincerity in taking the matter forward; in this connection, this Council reiterates that the Government:

    (a)must put forth, in the near future, specific proposals and timeframe for introducing half-fare concession for people with disabilities, so as to expeditiously facilitate their integration into society and improve their life;

    (b)should allocate additional resources to improve the Rehabus service; and

    (c)should strictly regulate the public transport operators in providing barrier-free facilities, so as to enable more people with disabilities to use transport and integrate into society.

    Amendment to motion
    Hon WONG Kwok-hing:
    (Translation)

    To delete "this Council passed" after "That" and substitute with ", although the Chief Executive, in response to Members' questions during the Legislative Council's Question and Answer Session on the Policy Address on the 11th of this month, said that he would give a response, in one or two months' time, on how the provision of transport half-fare concessions for people with disabilities would be addressed, in view of the past records that despite this Council's passage of"; to delete "but" after "offer of concessionary fares to them,"; to add "all" after "other public transport operators have"; to add ", there are worries about further procrastination by the government departments" after "take corresponding measures and face up to the requests"; to add "after a relevant subcommittee was formed by the Legislative Council and meetings held over the past year or so, coupled with the fact that the Chairman of the Equal Opportunities Commission has written to the Chief Executive relaying the demands and justifications in this regard, the solution to this problem has dawned;" after "has not achieved any results so far;"; to delete "Government has been procrastinating on the matter on the ground of financial commitments, which" after "keep all the surpluses arising from the introduction of half-fare concession for people with disabilities, but the" and substitute with "government officials in charge have been procrastinating on putting forward a timetable and roadmap for implementation on the pretext that they have not yet assessed the various options and worked out precisely the financial commitments involved if the relevant option is chosen, which very much"; to add "determination and" after "calls into question the Government's"; to delete "reiterates" after "in this connection, this Council" and substitute with "urges"; to add "(a) must relentlessly shoulder the responsibility to provide financial assistance, regardless of which option of transport half-fare concession it eventually decides to adopt for people with disabilities;" after "that the Government:"; to delete the original "(a)" and substitute with "(b)"; to add "expeditiously" before "put forth"; to delete "timeframe" after "in the near future, specific proposals and" and substitute with "timetable"; to delete "expeditiously facilitate their integration" after "introducing half-fare concession for people with disabilities, so as to" and substitute with "help them integrate"; to delete the original "(b)" and substitute with "(c)"; to add "comprehensively" after "should allocate additional resources to"; to add "and, in particular, must extend such service to remote areas and new towns" after "improve the Rehabus service"; to delete the original "(c)" and substitute with "(d)"; and to add "public" after "providing barrier-free facilities, so as to enable more people with disabilities to use".

    Public Officer to attend : Secretary for Labour and Welfare

  2. Alleviating the disparity between the rich and the poor and re-establishing the Commission on Poverty

    Hon Frederick FUNG:
    (Translation)

    That, as the disparity between the rich and the poor is becoming more serious in Hong Kong, this Council urges the Government to re-establish the Commission on Poverty and formulate a more comprehensive policy on combating poverty so as to narrow the gap between the rich and the poor, thereby improving the life of the poor, reducing social conflicts and promoting harmonious social development.

    Amendments to motion
    (i)Hon LI Kwok-ying: (Translation)

    To add "the Chief Executive has advocated 'investing for a caring society' in this year's Policy Address and has correspondingly put forward improvement measures, but" after "That,"; to add "the relevant measures are inadequate to resolve the problems," after "more serious in Hong Kong,"; to add "take positive actions and, when necessary," after "urges the Government to"; to delete "and" after "the Commission on Poverty" and substitute with ", so as to"; to delete "so as to" after "policy on combating poverty" and substitute with "," ; to delete "thereby improving" after "the rich and the poor," and substitute with "improve"; to delete "reducing" after "the life of the poor," and substitute with "reduce"; to delete "promoting" after "social conflicts and" and substitute with "promote"; and to add "; meanwhile, this Council also urges the Government to implement the following measures: (a) abolishing the restrictions on the permitted period of absence from Hong Kong for applicants of the Old Age Allowance; (b) extending the period during which the On-the-job Training Allowance is payable under the Employment Programme for the Middle-aged; (c) providing concessionary transport fares for persons with disabilities; (d) allocating additional resources to assist poor children so that they can enjoy more opportunities for proper development; (e) formulating measures to facilitate the integration of the socially disadvantaged (such as the new arrivals and ethnic minorities, etc) into the community; and (f) further improving the quality of public medical services, and alleviating the medical burden on the socially disadvantaged" immediately before the full stop.

    (ii)Hon LEUNG Kwok-hung: (Translation)

    To delete "re-establish the" after "urges the Government to" and substitute with "establish a"; to delete "and formulate" after "Commission on Poverty" and substitute with "with substantive powers so that"; and to add "can be formulated, including introducing a progressive tax system for wealth redistribution," after "policy on combating poverty".

    Amendment to Hon LEUNG Kwok-hung's amendment
    Hon SIN Chung-kai:
    (Translation)

    To delete "including introducing a progressive tax system for wealth redistribution" after "can be formulated," and substitute with "and the Government should also introduce progressive rates of profits tax and rates charges, and abolish the standard rate for salaries tax".

    (iii)Dr Hon Fernando CHEUNG: (Translation)

    To add "and targeted" after "more comprehensive"; to delete "so as to narrow the gap between the rich and the poor" after "policy on combating poverty" and substitute with ", particularly in remote areas where a large number of low-income and socially disadvantaged families live, but the leisure and cultural facilities, medical and social services fall far short of the actual needs of the residents; as such, the Government must take into full account the characteristics of the population structures in these areas when allocating community facilities and services, appropriately relax the ratio of population to such facilities and services, and providing strategic and more specialized support services targeted at socially disadvantaged families such as those which are single-parent, poor, under the potential threat of domestic violence, or having family members who are mentally or chronically ill or disabled, including the reopening of Single Parent Centres and Post Migration Centres in the districts concerned"; to delete ", reducing" after "the life of the poor" and substitute with "; at the same time, the Government should strive to create more employment opportunities in these areas, and relax the eligibility criteria for applying for the pilot Transport Support Scheme, so as to alleviate the burden of travelling expenses on the residents concerned, narrow the gap between the rich and the poor, reduce"; and to delete "promoting" after "social conflicts and" and substitute with "promote".

    Public Officer to attend : Secretary for Labour and Welfare

Clerk to the Legislative Council