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A 07/08-9

Legislative Council

Agenda

Wednesday 28 November 2007 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
1.Rating (Exemption) (No.2) Order 2007221/2007
2.Tsing Sha Control Area (General) Regulation 222/2007

Other Papers

1.No.30-Accounts of the Government for the year ended
31 March 2007
(to be presented by Secretary for Financial Services and the Treasury)

2.No.31-Report of changes to the approved Estimates of Expenditure approved during the second quarter of 2007-2008 (Public Finance Ordinance : Section 8)
(to be presented by Secretary for Financial Services and the Treasury)

3.No.32-Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2007
(to be presented by the President)

4.No.33-Report No. 49 of the Director of Audit on the results of value for money audits - October 2007
(to be presented by the President)

5.No.34-Ocean Park Corporation
Annual Report 2006-2007
(to be presented by Prof Hon Patrick LAU Sau-shing, who will address the Council)

6.No.35-The Government Minute in response to the Nineteenth Annual Report of the Ombudsman issued in June 2007
(to be presented by Chief Secretary for Administration, who will address the Council)

IA. Addresses

Hon Miriam LAU, Ir Dr Hon HO Chung-tai, Hon Albert HO, Hon Andrew CHENG, Hon WONG Kwok-hing and Hon Mrs Selina CHOW to address the Council respectively on the Rail Merger Ordinance (Commencement) Notice, which is subsidiary legislation laid on the Table of the Council on 31 October 2007.

II. Questions

1. Hon Albert CHAN to ask: (Translation)

In reply to my question at the Council meeting on 14 March this year, the Government said that it would continue to combat illegal practices employed by debt collection agencies ("DCAs"). Yet I have learnt that on 13th this month, a construction worker who owed a large amount of gambling debt was escorted back to his home by two men to collect the debt. The construction worker suddenly became agitated, climbed out of the window, and fell to his death on the podium. This incident indicates that there is a deteriorating trend in the harassment of members of the public by DCAs in recovering debts. Besides, some banks, finance companies, telecommunications companies, beauty service companies and even tutorial teachers have hired agencies similar to DCAs to collect money owed by their customers, causing many members of the public to suffer harassment. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Security

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

Regarding default payments of Mandatory Provident Fund ("MPF") contributions by employers, will the Government inform this Council if it knows: Public Officer to reply : Secretary for Financial Services and the Treasury

3. Dr Hon LUI Ming-wah to ask:
(Translation)

While the economy of Hong Kong has been growing strongly in recent years with the year-on-year growth of Gross Domestic Product standing at around 6%, the unemployment rate is still around 4% with an increasing number of low-income earners, and the polarization of the rich and the poor is increasingly serious. Regarding the development of the local manufacturing industries to ameliorate the aforesaid situation, will the Government inform this Council whether: Public Officer to reply : Secretary for Commerce and Economic Development

4. Hon Andrew CHENG to ask:
(Translation)

During the scrutiny of the Smoking (Public Health) (Amendment) Bill 2005 by this Council last year, the Government accepted my relevant suggestion and decided to empower the Director of Health to designate public transport interchanges ("PTIs") as statutory no smoking areas. However, the Government proposed that the initiative would not be implemented until it had completed its work on setting up a fixed penalty system for smoking offence in 12 to 15 months' time following the enactment of the Bill. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Food and Health

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

It has been reported that the contractor carrying out inspection works for Chung On Estate was recently found to have poked iron bars into the holes on the external walls of the buildings, intending to fake the exposure of reinforcement steel so as to defraud fees on maintenance works. In this connection, will the Government inform this Council whether:
Public Officer to reply:Secretary for the Environment
(in the absence of Secretary for Transport and Housing)

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

The MTR Corporation Limited has recently revealed that, upon the merger of the Mass Transit Railway ("MTR") and Kowloon-Canton Railway ("KCR") systems next month, the 50% discount on student fares currently provided by MTR will not be extended to the original KCR lines, and students travelling on the original East Rail, West Rail and Ma On Shan Rail networks will have to pay full fares. As it is expected that the potential property developments along the KCR lines and the high patronage of the KCR lines by mainland visitors under the Individual Visit Scheme will generate substantial revenue for the post-merger MTR Corporation Limited, will the Government inform this Council whether it knows the data used by the relevant authorities in their calculation and in arriving at the conclusion that with the offer of the general fare reductions as originally pledged, the synergies arising from the merger do not allow further room for providing a 50% discount on fares for students travelling on KCR?

Public Officer to reply: Secretary for the Environment
(in the absence of Secretary for Transport and Housing)

*7. Dr Hon Philip WONG to ask: (Translation)

Given that there are currently eight candidates running for the Legislative Council by-election for the Hong Kong Island geographical constituency to be held on 2 December this year, will the Government inform this Council whether it has assessed if the expenditure on this by-election will exceed the estimate of $26.6 million; if an assessment has been made, of the outcome; if the estimate will be exceeded, of the expected amount in excess, and whether sufficient resources have been set aside to cover the extra expenditure concerned? Public Officer to reply : Secretary for Constitutional and Mainland Affairs

*8. Hon CHAN Yuen-han to ask:
(Translation)

Regarding pneumococcal diseases, will the Government inform this Council: Public Officer to reply : Secretary for Food and Health

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

Under the Comprehensive Social Security Assistance Scheme, the deceased recipient's family member or relative/friend may apply for burial grant. The amount of the grant payable is the actual expenses after deducting donations (such as the condolence money) made by relatives/friends or the prescribed maximum level, whichever is less. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Labour and Welfare

*10. Hon LI Kwok-ying to ask:
(Translation)

It has been reported that some Chinese herbal medicine shops which provide Chinese herbal medicine decoction services for customers have illegally employed foreign domestic helpers to undertake the work of decoction of herbal medicines, causing concern about the hazards to public health posed by such an arrangement. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Food and Health

*11. Hon LEE Wing-tat to ask:
(Translation)

I have received complaints from members of the public pointing out that the Government has not fairly allocated the souvenirs and gifts for the 10th anniversary of Re-unification to local organizations for distribution to the public at the relevant activities. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Home Affairs

*12. Hon LEE Wing-tat to ask:
(Translation)

Regarding the Government sponsoring activities held by local organizations to celebrate the 10th anniversary of Re-unification, will the Government inform this Council: Public Officer to reply : Secretary for Home Affairs

*13. Dr Hon KWOK Ka-ki to ask:
(Translation)

Will the Government inform this Council whether it knows the following information concerning the Pamela Youde Nethersole Eastern Hospital, Ruttonjee Hospital, Queen Mary Hospital, Queen Elizabeth Hospital, United Christian Hospital, Tseung Kwan O Hospital, Yan Chai Hospital, Caritas Medical Centre, Princess Margaret Hospital, Kwong Wah Hospital, Prince of Wales Hospital, North District Hospital, Alice Ho Miu Ling Nethersole Hospital, Pok Oi Hospital and Tuen Mun Hospital (to be listed in the tables below): Public Officer to reply : Secretary for Food and Health

*14. Dr Hon David LI to ask:


The Government has indicated in a press release dated 17 November 2006 that it will continue to work with the Mainland to improve the quality of the diesel sold there. On the other hand, it has recently been reported that the Government's $3.2 billion incentive scheme to encourage owners of older diesel vehicles to switch to Euro IV vehicles is not well supported by cross-boundary vehicle owners. These owners are concerned that the diesel sold on the Mainland does not meet the specifications required for Euro IV diesel engines. They prefer to use such diesel whenever possible, as it is significantly cheaper than that sold in Hong Kong. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for the Environment

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

It is learnt that the diesel sold on the Mainland has a sulphur content higher than that of the diesel sold locally. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for the Environment

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

In his Policy Address delivered last month, the Chief Executive said that enterprises should fulfill their social responsibilities, and the business community and professionals should actively volunteer to participate in charity work. Yet, the results of a survey have indicated that the level of corporate social responsibility ("CSR") awareness among local companies was not particularly high, and companies' actions were mostly taken in compliance with the requirements of basic ethical norms or legal measures. Beyond that, these companies fulfilled their CSRs just because of the resultant commercial interests. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Commerce and Economic Development

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

Regarding the annual provision of subsidies for mutual aid committees ("MACs") of public housing estates under the management of the Hong Kong Housing Authority, will the Government inform this Council: Public Officer to reply : Secretary for Home Affairs

*18. Hon LI Kwok-ying to ask:
(Translation)

Regarding illegal piling of waste on agricultural land in the New Territories, will the Government inform this Council: Public Officer to reply : Secretary for Development

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

Since 2004, the Government has conducted sector-specific e business promotion programmes for the small and medium enterprises in six business sectors, namely travel agents, private medical practitioners, drugstores, accountants, logistics companies, and beauty services. Another round of the programmes was launched in February 2007, which covered five business sectors (watches and clocks, beauty services, medical and health, social services and trade). In this regard, will the Government inform this Council: Public Officer to reply : Secretary for Commerce and Economic Development

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

It has been reported that Hong Kong is one of the places in the world with an extremely high myopia rate, but very few members of the public have the habit of undergoing regular eye examinations. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Food and Health

*For written reply.

III. Members' Motions

  1. Maintaining the political neutrality of the civil service

    Hon Margaret NG:
    (Translation)

    That this Council urges the Government to adopt all measures to maintain a quality, professional, politically neutral, clean and public-spirited civil service, and to clearly delineate the division of powers, responsibilities and roles between the civil service and the politically appointed officials.

    Amendment to motion
    Hon Alan LEONG Kah-kit:
    (Translation)

    To add ", as there are still loopholes in the accountability system for principal officials since its implementation, and the Government, before conducting a comprehensive review of the accountability system, has put forward the proposal to further develop the political appointment system," after "That"; to add "clearly delineate the division of powers, responsibilities and roles between the civil service and the politically appointed officials, in order to" after "adopt all measures to"; to delete ", and to clearly delineate the division of powers, responsibilities and roles between the civil service and the politically appointed officials" after "public-spirited civil service" and substitute with "; the relevant measures should include expeditiously commencing a review of the accountability system for principal officials before implementing the further development of the political appointment system".

    Amendment to Hon Alan LEONG Kah-kit's amendment
    Hon TAM Yiu-chung:
    (Translation)

    To delete "there are still loopholes in the accountability system for principal officials since its implementation, and" after "That, as"; to delete ", before conducting a comprehensive review of the accountability system," after "the Government"; to delete "in order" after "the politically appointed officials," and substitute with "and"; and to delete "include expeditiously commencing a review of the accountability system for principal officials before implementing the further development of the political appointment system" after "the relevant measures should" and substitute with "ensure that the policies of the SAR Government can be fully implemented to achieve effective governance".

    Public Officers to attend:Secretary for Constitutional and Mainland Affairs
    Secretary for the Civil Service

  2. Responding to the problem of climate change

    Hon CHOY So-yuk:
    (Translation)

    That, as climate change has become an important issue in sustainable development worldwide, the United Nations will convene a summit on climate change in Bali in December this year, and many countries and places are working together to formulate effective measures to reduce greenhouse gas emissions; in this connection, this Council urges the Government to lead Hong Kong in shouldering its due responsibilities as an international city and take proactive actions to respond to the crisis of climate warming, which include:

    (a)setting up an inter-departmental working group on climate change under the leadership of the Chief Executive to demonstrate the Government's determination to respond to climate change, as well as to more effectively coordinate the efforts of various departments in formulating emissions reduction and adaptation policies;

    (b)stipulating concrete targets in the reduction of total greenhouse gas emissions;

    (c)including the limits on the amount of greenhouse gas emissions in the terms of the new Scheme of Control Agreement with the two power companies;

    (d)proactively promoting territory-wide greening work, collaborating with District Councils and the private sector in expediting the development of Greening Master Plans, and actively adopting the concepts of vertical greening and rooftop greening etc. to facilitate three-dimensional development of greened areas and make available additional space for greening;

    (e)legislating for mandatory implementation of the Building Energy Codes;

    (f)expediting full implementation of the Mandatory Energy Efficiency Labelling Scheme; and

    (g)optimizing the use of greenhouse gas emitted from landfill sites.

    Amendments to motion
    (i)Hon Miriam LAU: (Translation)

    To add "climate abnormalities frequently occur in Hong Kong in recent years and" after "That, as"; to add "also" after "climate change has"; to add "(a) strengthening cooperation with the Mainland, particularly Guangdong Province, to work together to respond to the problem of climate warming;" after "which include:"; to delete the original "(a)" and substitute with "(b)"; to delete the original "(b)" and substitute with "(c)"; to delete the original "(c)" and substitute with "(d)"; to delete the original "(d)" and substitute with "(e)"; to delete the original "(e)" and substitute with "(f)"; to delete the original "(f)" and substitute with "(g)"; to delete and (g)" after "Mandatory Energy Efficiency Labelling Scheme;" and substitute with "(h)"; and to add "; and (i) enhancing publicity and education on energy conservation so that members of the public will start with themselves to reduce greenhouse gas emissions" immediately before the full stop.

    (ii)Hon Audrey EU: (Translation)

    To add "expeditiously" after "various departments in"; to add "and strategies" after "adaptation policies"; to add "short-term and long-term" after "stipulating concrete"; to add "proactively developing renewable energy for electricity generation, including providing financial incentives and technical support to facilitate grid connection of small-scale renewable energy power systems; (e)" after "(d)"; to delete the original "(e)" and substitute with "(f)"; to delete the original "(f)" and substitute with "(g)"; to delete "and (g)" after "Mandatory Energy Efficiency Labelling Scheme;" and substitute with "(h)"; and to add "; and (i) enhancing the co-operation with neighbouring regions with a view to responding to the problem of climate change with a regional perspective" immediately before the full stop.

    (iii)Hon Jeffrey LAM Kin-fung: (Translation)

    To add "only after extensive consultation" after "Building Energy Codes".

    (iv)Hon SIN Chung-kai: (Translation)

    To delete "and" after "Mandatory Energy Efficiency Labelling Scheme;"; and to add "; (h) setting targets for local electricity supply to be provided from renewable energy sources, including achieving 5% of total electricity supply to local households from such sources by 2020; (i) establishing mandatory minimum energy efficiency standards for products and considering following the example of Australia to mandate the phasing out of tungsten light bulbs in the next five to 10 years; (j) taking proactive steps to compensate carbon emissions, including calculating the amount of carbon emissions generated from energy used within government departments in their daily activities and making a corresponding amount of donations for tree planting, with a view to meeting the target of 'zero carbon emissions' in the long run; (k) including carbon dioxide emission project in the emission trading pilot scheme in the Pearl River Delta region ; and (l) launching a 'dress casual in summer' campaign within government departments" immediately before the full stop.

    Public Officer to attend : Secretary for the Environment
Clerk to the Legislative Council