Council Meeting (Agenda) 8 July 2009



A 08/09-36

Legislative Council

Agenda

Wednesday 8 July 2009 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Karaoke Establishments (Fee Concessions) Regulation 2009135/2009
2.Road Traffic (Motor Vehicle Licence Fee Concessions) Regulation 2009 136/2009
3.Travel Agents (Fee Concessions) Regulation 2009137/2009
4.Rating (Exemption) (No. 2) Order 2009 138/2009
5.Revenue (Reduction of Business Registration Fees) Order 2009139/2009
6.Dutiable Commodities (Liquor Licence Fee Concessions) Regulation 2009140/2009
7.Merchant Shipping (Local Vessels) (Fee Concessions) Regulation 2009141/2009
8.Places of Public Entertainment (Fee Concessions) Regulation 2009142/2009
9.Road Traffic (Passenger Service Licence Fee Concessions) Regulation 2009143/2009
10.Schedule of Routes (Citybus Limited) Order 2009150/2009
11.Schedule of Routes (Citybus Limited) (North Lantau and Chek Lap Kok Airport) Order 2009151/2009
12.Schedule of Routes (Kowloon Motor Bus Company (1933) Limited) Order 2009152/2009
13.Schedule of Routes (Long Win Bus Company Limited) Order 2009153/2009
14.Schedule of Routes (New Lantao Bus Company (1973) Limited) Order 2009154/2009
15.Schedule of Routes (New World First Bus Services Limited) Order 2009155/2009
16.Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) (Amendment) Regulation 2009156/2009
17.Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) (Amendment) Regulation 2009157/2009
18.Electoral Affairs Commission (Registration of Electors) (Village Representative Election) (Amendment) Regulation 2009158/2009
19.Securities and Futures (Contracts Limits and Reportable Positions) (Amendment) Rules 2009159/2009
20.Smoking (Public Health) (Designation of No Smoking Areas) Notice160/2009
21.Travel Agents Ordinance (Specification of Fund Levy) (Amendment) Notice 2009161/2009
22.Voting by Imprisoned Persons Ordinance (Commencement) Notice 2009162/2009

Other Papers

1. No. 100-Clothing Industry Training Authority Annual Report 2008
(to be presented by the Secretary for Labour and Welfare)

2. No. 101-Hong Kong Trade Development Council Annual Report 2008/09
(to be presented by the Secretary for Commerce and Economic Development)

3. No. 102-Report by the Commissioner of Correctional Services on the Administration of the Prisoners' Welfare Fund and the signed and audited financial statements for the year ended 31 March 2009 together with the Report of the Director of Audit
(to be presented by the Secretary for Security)

4. No. 103-Construction Industry Council Annual Report 2008
(to be presented by the Secretary for Development)

5.No. 104-Hong Kong Export Credit Insurance Corporation 2008-09 Annual Report
(to be presented by the Secretary for Commerce and Economic Development)

6. No. 105-Sir Robert Black Trust Fund
Report of the Trustee on the administration of the Fund for the year ended 31 March 2009 and the signed and audited financial statements together with the Report of the Director of Audit
(to be presented by the Secretary for Home Affairs)

7. No. 106-J.E. Joseph Trust Fund
Report of the Trustee and the signed and audited financial statements together with the Report of the Director of Audit for the period from 1 April 2008 to 31 March 2009
(to be presented by the Secretary for Food and Health)

8.No. 107-Kadoorie Agricultural Aid Loan Fund
Report of the Trustee and the signed and audited financial statements together with the Report of the Director of Audit for the period from 1 April 2008 to 31 March 2009
(to be presented by the Secretary for Food and Health)

9.No. 108-Sir David Trench Fund for Recreation Trustee's Report 2008-2009
(to be presented by the Secretary for Home Affairs)

10.No. 109-The 21st Issue Annual Report of The Ombudsman, Hong Kong
(June 2009)
(to be presented by the Chief Secretary for Administration)

11.No. 110-Securities and Futures Commission Annual Report 2008-09
(to be presented by the Financial Secretary)

12.No. 111-Report of the Independent Police Complaints Council 2008
(to be presented by Dr Hon Joseph LEE, who will address the Council)

13.No. 112-Report of the Public Accounts Committee on Report No. 52 of the Director of Audit on the Results of Value for Money Audits
(July 2009 - P.A.C. Report No. 52)
(to be presented by Dr Hon Philip WONG, Chairman of the Public Accounts Committee, who will address the Council)

14.Committee on Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region - Progress Report for the 2008-2009 session (October 2008 to June 2009)
(to be presented by Hon TAM Yiu-chung, Chairman of the Committee on Rules of Procedure, who will address the Council)

15.Report of the Panel on Manpower 2008-2009
(to be presented by Hon LI Fung-ying, Chairman of the Panel, who will address the Council)

16.Report of the Panel on Commerce and Industry 2008-2009
(to be presented by Hon Vincent FANG, Chairman of the Panel, who will address the Council)

17.Report of the Panel on Public Service 2008-2009
(to be presented by Hon LEE Chuek-yan, Chairman of the Panel, who will address the Council)

18.Report of the Panel on Administration of Justice and Legal Services 2008-2009
(to be presented by Dr Hon Margaret NG, Chairman of the Panel, who will address the Council)

19.Report of the Panel on Home Affairs 2008-2009
(to be presented by Hon IP Kwok-him, Chairman of the Panel, who will address the Council)

20.Report of the Panel on Transport 2008-2009
(to be presented by Hon CHEUNG Hok-ming, Chairman of the Panel, who will address the Council)

21.Report of the Panel on Constitutional Affairs 2008-2009
(to be presented by Hon TAM Yiu-chung, Chairman of the Panel, who will address the Council)

22.Report of the Panel on Financial Affairs 2008-2009
(to be presented by Hon CHAN Kam-lam, Chairman of the Panel, who will address the Council)

23.Report of the Panel on Development 2008-2009
(to be presented by Hon LAU Wong-fat, Chairman of the Panel, who will address the Council)

24.Report of the Panel on Information Technology and Broadcasting 2008-2009
(to be presented by Hon Andrew LEUNG, Chairman of the Panel, who will address the Council)

25.Report of the Panel on Economic Development 2008-2009
(to be presented by Hon Jeffrey LAM, Chairman of the Panel, who will address the Council)

26.Report of the Panel on Health Services 2008-2009
(to be presented by Dr Hon Joseph LEE, Chairman of the Panel, who will address the Council)

27.Report of the Panel on Environmental Affairs 2008-2009
(to be presented by Hon Audrey EU, Chairman of the Panel, who will address the Council)

28.Report of the Bills Committee on Mandatory Provident Fund Schemes (Amendment) Bill 2009
(to be presented by Hon CHAN Kam-lam, Chairman of the Bills Committee)

II. Questions

1. Hon Mrs Sophie LEUNG to ask: (Translation)

On 16 August 2006, the Law Reform Commission released its report on Substitute Decision-making and Advanced Directives in Relation to Medical Treatment ("the Report"). The Report examined, inter alia, the giving of instructions by a patient, while he is still competent in making medical decisions, as to the healthcare or medical treatment he wishes to receive if he later becomes incompetent to do so ("advance directives"). In this connection, will the Government inform this Council:
    (a)whether it knows how many patients have, since the release of the Report, made advance directives on their own initiatives, and how many of these directives have been executed by hospitals or doctors; and

    (b)whether the Government has, since the release of the Report, allocated resources to help patients and their families understand the rights and responsibilities involved in making advance directives; if it has, of the amount of money spent on such promotional work, as well as the relevant details; if not, the reasons for that, as well as whether it will allocate resources in the foreseeable future to educate the public?
Public Officer to reply : Secretary for Food and Health

2. Hon Andrew LEUNG to ask:
(Translation)

Octopus and Shenzhen Tong are two electronic money systems used extensively by residents in Hong Kong and Shenzhen respectively, and both systems may be used for various types of services such as public transport and shopping. Residents in Hong Kong and Shenzhen travel frequently between the two places, with over 100 million trips made each year, and approximately 10 million residents in Shenzhen are now eligible to apply locally for endorsement to visit Hong Kong under the "Individual Visit Scheme". Furthermore, nine cities in the Pearl River Delta Region have commenced preparation work for a "Smart Card" electronic money system which may be used for public transport. It is expected that the "Smart Card" will be introduced within the next few years for public use, and it will become the largest electronic money platform in the region. In this connection, will the Government inform this Council whether it will, under "The Outline of the Plan for the Reform and Development of the Pearl River Delta":
    (a)take the initiative to raise, as one discussion item, the early and pilot implementation of mutual use and access of the electronic money systems of Hong Kong and Shenzhen; and

    (b)strive for participating in the above preparation work for the "Smart Card", so as to transfer Hong Kong's experience in electronic money system to the Mainland, and strive for the inclusion of Hong Kong in the coverage of the "Smart Card"; if it will, of the progress; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

3. Dr Hon LEUNG Ka-lau to ask:
(Translation)

The Chief Executive stated in his 2008-2009 Policy Address that "the Government is identifying suitable sites initially including the Wong Chuk Hang, Tseung Kwan O, Tai Po and North Lantau areas" for the development of private hospitals. In this connection, will the Government inform this Council:
    (a)of the exact lot numbers and areas of such sites, as well as other specific criteria for selecting them;

    (b)whether it knows the current site area and gross floor area of each private hospital, as well as the numbers of beds therein; and

    (c)as there are at present quite a number of schools or other types of buildings in the urban areas which are vacant, whether it has studied the feasibility of converting such buildings for private healthcare purposes, which districts are relatively suitable, and of the mechanism and criteria for approving the change of their use?
Public Officer to reply : Secretary for Food and Health

4. Hon LEE Cheuk-yan to ask:
(Translation)

Will the Government:
    (a)list out by household size the number of non-Comprehensive Social Security Assistance ("CSSA") households in the fourth quarter of 2008 with at least one member who is employed and with monthly household income which is less than the median monthly CSSA payment received by CSSA households of the same size ("working-poor households"), as well as the age distribution of the members of the working-poor households;

    (b)list out by household size the number of CSSA cases of the "low earnings" category as at the end of 2008, as well as the age distribution of the CSSA recipients concerned; and

    (c)inform this Council of the measures currently in place to assist the working-poor households which are not receiving CSSA in meeting the needs of their daily lives?
Public Officer to reply : Secretary for Labour and Welfare

5. Dr Hon Margaret NG to ask:
(Translation)

Under the existing Comprehensive Social Security Assistance ("CSSA") Scheme, child recipients are not provided with any allowance to pay for Internet access charges. With the popularity of information technology education in secondary and primary schools, computers have become indispensable daily study tools for students, and amid the recent outbreak of human swine influenza, students who are affected by suspension of classes rely even more on computers to study. In this connection, will the Government inform this Council:
    (a)if it has assessed whether or not learning through the Internet is a basic need of school children; if such an assessment has been made and the outcome is in the negative, of the reasons for that;

    (b)whether the authorities have assessed the effectiveness of the current work undertaken in respect of district cyber centres, partnerships in the community, computer recycling programme and Internet access in the community, etc. so as to ensure that such programmes meet the study needs of school children; if so, of the details; if not, the reasons for that; and

    (c)of the respective amounts of expenditure incurred on the work mentioned in (b) in each of the past five years, and the additional expenditure to be incurred annually on purchasing computers and providing Internet access for all child recipients of CSSA?
Public Officer to reply : Secretary for Labour and Welfare

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

Regarding the use of open space and government properties to display works of art, will the Government inform this Council:
    (a)of the details of the various schemes, participated by each government department and public organization in the past three years, which were under the public art programmes ("PAP") organized by the Art Promotion Office of the Leisure and Cultural Services Department;

    (b)apart from PAP, whether various government departments and public organizations had discussed or studied in the past three years the setting aside of indoor or outdoor areas in their properties for displaying works of local artists; if they had, of the procedure or process for making applications or arrangements for display; if not, the reasons for that; apart from museums, of the name of each property currently displaying works of local artists and the total number of such properties, as well as the number of works of art involved; and

    (c)whether it has considered setting aside more indoor or outdoor areas in government properties for displaying works of local artists, and whether it has formulated guidelines to encourage various government departments and public organizations to do so accordingly; if it has, of the details of the guidelines; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

*7. Hon Alan LEONG to ask:
(Translation)

The Coroner's Court recently held an inquest on the death of a patient of the Queen Mary Hospital who died as a result of not receiving liver transplant in time. The jury of the inquest considered that the Queen Mary Hospital had not clearly informed the patient of the arrangements for liver transplant and the details in respect of the waiting time for liver transplant. The jury and the Coroner have separately made a number of recommendations. In this connection, will the Government inform this Council whether it knows:
    (a)if the Queen Mary Hospital will provide more information to patients about such operations, including a flowchart which illustrates the different stages relating to liver transplant, such as the screening tests for determining whether the patient is suitable for receiving liver transplant, the patient being listed on the Central Registry for Liver Transplants ("the Central Registry"), and the patient receiving the liver transplant, as well as the detailed criteria for listing patients on the Central Registry and allotting donated cadaveric livers, with a view to enhancing patients' understanding about liver transplants; if it will not, of the reasons for that;

    (b)if the Queen Mary Hospital will issue to patients written or other forms of confirmation that they have been listed on the Central Registry; if it will not, of the reasons for that; and

    (c)given that the relative priority of patients to receive liver transplant is determined according to their scores under the Model for End-Stage Liver Disease, whether the Queen Mary Hospital will consider informing the patients listed on the Central Registry of their relevant scores, so that they will better understand the situation in respect of the waiting time; if it will not, of the reasons for that?
Public Officer to reply : Secretary for Food and Health

*8. Hon IP Wai-ming to ask:
(Translation)

Recently, quite a number of tourist guides have relayed to me their discontent that the Travel Industry Council of Hong Kong ("TIC") requires them to take an examination again when renewing their tourist guide passes. In this connection, will the Government inform this Council whether it knows:
    (a)if the questions of the aforesaid examination are the same every time; if so, of the reasons for requiring tourist guides to take the examination again when renewing their passes; and

    (b)if TIC will consider cancelling the aforesaid examination;

    (i)if it will, of the timetable; as well as whether it will set other new requirements for renewing the passes; if so, whether it will fully consult the tourist guides in advance; if it will, of the details; if not, the reasons for that; and

    (ii)if it will not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

*9. Dr Hon PAN Pey-chyou to ask:
(Translation)

To enhance cleanliness and prevent human swine influenza, the Social Welfare Department earlier allocated additional resources to more than 3 000 social welfare service units ("SWSUs"), providing each of them with supplies or $3,000 for purchasing cleaning and disinfectant items. Yet, some groups have pointed out that non-subvented SWSUs have not benefited, and the amount allocated is insufficient to cover the expenses for purchasing adequate epidemic-prevention equipment. In this connection, will the Government inform this Council:
    (a)whether it will consider providing epidemic-prevention supplies to non-subvented SWSUs and private residential care homes for the elderly, and those which have participated in the Bought Place Scheme, and also assisting these organizations to carry out epidemic-prevention and cleaning work; if it will not, of the reasons for that;

    (b)how the Government will monitor SWSUs' use of the additional supplies and subsidies so that appropriate epidemic protection is available to every service user; and

    (c)whether the authorities will further provide additional supplies to SWSUs with a large number of service users and subsidize these SWSUs to purchase adequate epidemic-prevention equipment (including cleaning and disinfectant items), and whether they will assist these SWSUs in purchasing relevant epidemic-prevention equipment (such as infra-red thermometers)?
Public Officer to reply : Secretary for Labour and Welfare

*10. Dr Hon Samson TAM to ask:
(Translation)

Regarding the employment of information technology ("IT") staff by the Government, as well as the employment of such staff by outsourced service providers for government IT projects, will the Government inform this Council:
    (a)of the establishment, the respective numbers of civil servants and non-civil service contract staff among the serving staff, the number of vacancies, and whether it knows the number of staff of outsourced service providers, in respect of each IT-related grade in each of the past three years;

    (b)of the names of the 10 policy bureaux/government departments with the highest number of serving non-civil service contract staff in (a), the number of such staff, as well as the longest and average periods of their continuous employment; whether the authorities will consider converting those posts which need to be filled on a long-term basis to permanent establishment posts; if they will, of the details (including the government departments and posts involved) and the implementation timetable; if not, the reasons for that;

    (c)of the policy bureaux/government departments to which the vacancies in (a) belonged; the longest and average periods during which such posts had remained vacant; the reasons for not having such vacancies filled; whether such reasons were related to individual grades being classified as "controlled grades"; if so, of the grades involved, and whether these grades will be removed from the list of "controlled grades"; if they will, of the details and the earliest implementation date; if not, the reasons for that;

    (d)of the policy bureaux/government departments which plan to recruit IT staff in 2009-2010, the posts and number of staff involved, the respective numbers of existing and new posts, as well as the respective numbers of staff to be employed on civil servant and non-civil service contract terms; and

    (e)whether the authorities will conduct a comprehensive review on the demand of the various policy bureaux/government departments for IT staff; if so, of the details, and whether they will formulate a long-term strategy for IT manpower to tie in with the overall needs of Hong Kong and the need to develop an e-government; if no such review will be conducted, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

*11. Hon Ronny TONG to ask:
(Translation)

Recently, quite a number of elderly people and organizations serving the elderly have complained to me that as it is difficult to be granted Comprehensive Social Security Assistance ("CSSA"), the elderly people concerned have to live on Old Age Allowance, or collect waste paper for sale or even join the work force again to resolve their financial difficulties. Some elderly people have chosen not to live with their children to increase the chance of being granted CSSA, but because of the psychological consideration of the Chinese of not wanting to lose face, these elderly people are usually reluctant to ask their children to sign a statement that they will not provide financial support to their parents (commonly known as the "bad son statement"), and hence will eventually give up applying for CSSA. Although the Social Welfare Department ("SWD") has indicated that discretion will be exercised to allow elderly people in need to apply for CSSA on their own, the chance for them to be allowed to do so is very slim, especially with the implementation of the requirement by SWD since June 1999 that CSSA applications have to be submitted on a household basis, which has made it even more difficult for elderly people to apply for CSSA on their own, and such elderly people lamented that they could hardly enjoy their twilight years comfortably. In this connection, will the Government set out in the tables below the following information of each financial year from 1999-2000 to 2008-2009:
    (a) a breakdown of the cases of elderly people receiving CSSA;

    Financial yearAge of the elderly people
    60 to 64 years old65 years old or above
    Number of cases of recipients living aloneNumber of cases of recipients living with other elderly peopleNumber of cases of recipients living with their childrenTotal expenditure involved Number of cases of recipients living aloneNumber of cases of recipients living with other elderly peopleNumber of cases of recipients living with their childrenTotal expenditure involved
    1999-2000







    .

    .

    .

    2008-2009










    (b) a breakdown of the cases of elderly people receiving Normal Old Age Allowance or Higher Old Age Allowance; and

    Financial yearNormal Old Age AllowanceHigher Old Age Allowance
    Number of casesTotal expenditure involvedNumber of casesTotal expenditure involved
    1999-2000



    .

    .

    .

    2008-2009






    (c) the number of cases in which discretionary approval was granted to the elderly people who lived with their children and applied for CSSA on their own, as well as the number of those which were rejected?

    Financial yearNumber of cases in which discretionary approval was grantedNumber of cases rejected
    1999-2000

    .

    .

    .

    2008-2009


Public Officer to reply : Secretary for Labour and Welfare

*12. Hon Vincent FANG to ask:
(Translation)

The statutory no-smoking areas have been extended to entertainment establishments, such as clubs, bars, mahjong-tin kau premises and nightclubs on 1 July 2009 upon the expiry of the grace period which lasted for two and a half years. The Entertainment Business Rights Concern Group has indicated that such establishments are facing a crushing blow, with an estimate of 2 600 entertainment establishments facing a crisis of closure of business, and the "rice bowls" of some 100 000 employees are in jeopardy. In this connection, will the Government inform this Council:
    (a)of the number of entertainment establishments which were given a grace period from the smoking ban, together with a breakdown by their types; whether it knows the current number of employees employed by such establishments; whether the Government has conducted any survey on the smoking preferences of the employees and consumers of such establishments; whether it has estimated the respective numbers of entertainment establishments which will close down and persons who will lose their jobs as a result of the extension of no-smoking areas; whether the Government has studied how to assist such establishments and unemployed persons in changing business or occupation respectively;

    (b)whether it knows which other cities worldwide are implementing or planning to implement anti-smoking measures which are nearly as stringent as those in Hong Kong after extension of the no-smoking areas;

    (c)given that the authorities indicated on 19 October 2006 at the resumption of the Second Reading debate on the Smoking (Public Health) (Amendment) Bill 2005 that " therefore the smoking room is feasible The primary consideration was for the protection of the interest of non-smokers. With the new Ordinance coming into effect, many of the smokers may have to resolve to pursue their habit in open space. Non-smoking road users may probably be left without a choice but to become a second-hand smoker. The setting up of a 'smoking room' could separate smokers from non-smokers", whether the aforesaid opinion had been considered in the conclusion, drawn by the Report on findings of technical feasibility study on smoking room released in April this year, that smoking rooms were not feasible in Hong Kong; if smoking rooms will not be installed, how the Government separates smokers from non-smokers in public areas so as to protect the pedestrians who are non-smokers; and

    (d)whether any further anti-smoking initiatives are in place; whether it will make reference to the Bhutanese Government's practice of banning the sale of cigarettes; whether hookah smoking, which is prevalent in the Middle East at present, is subject to regulation under the relevant ordinance?
Public Officer to reply : Secretary for Food and Health

*13. Hon Jeffrey LAM to ask:
(Translation)

It has been reported that some tenants of the Hong Kong Science Park ("Science Park") have surrendered their tenancies recently as a result of the economic slowdown caused by the impact of the financial tsunami. In this connection, will the Government inform this Council whether it knows:
    (a)the number of tenants of the Science Park that surrendered their tenancies, as well as the occupancy and vacancy rates of the property concerned, in each month since September 2008;

    (b)the rent exemption and rent freezing measures introduced by the Hong Kong Science and Technology Parks Corporation ("HKSTPC") for the Science Park in the current financial year; whether these measures are applicable to renewing tenants as well as new tenants; the estimated amount of rental income foregone because of the implementation of these measures; and whether HKSTPC will consider further extending the rent freezing period or reducing rents, so as to help tenants tide over the difficulties; and

    (c)the measures of HKSTPC to attract more enterprises, start-up companies in particular, to move into the Science Park?
Public Officer to reply : Secretary for Commerce and Economic Development

*14. Hon LEUNG Yiu-chung to ask:
(Translation)

In connection with the proposed statutory ban on idling vehicles with running engines ("the ban"), will the Government inform this Council:
    (a)of the latest legislative timetable;

    (b)whether members of the transport trades are still opposed to or have reservations about the ban; if so, of the details and the response of the authorities concerned;

    (c)given that some members of the transport trades have relayed to me that during hot or stormy weather, drivers simply cannot open vehicle windows and switching off vehicle engines while idling will cause great inconvenience, whether the authorities will grant, to a certain extent, exemptions from the ban under such conditions; and

    (d)given that some professional drivers have relayed to me that some passengers very much expect that during hot weather, the car compartment will already be cool and comfortable when they board the vehicle, of the measures the authorities have to respond to such an expectation?
Public Officer to reply : Secretary for the Environment

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

Will the Government inform this Council:
    (a)of the number of working dogs currently kept by various government departments, broken down by species, the type of work and the government department concerned;

    (b)how the relevant government departments deal with those dogs that fail to meet the work requirements after training, and of the number of such dogs in the past three years;

    (c)of the arrangements for these dogs after their retirement, and whether they will be adopted by their handlers; if not, of the relevant arrangements in place; and

    (d)whether the retired dogs which have not been adopted will be euthanized; if so, of the number of dogs euthanized in the past three years?
Public Officer to reply : Secretary for Security

*16. Hon Cyd HO to ask:
(Translation)

Under the new senior secondary academic structure to be implemented in September of this year, the Government will provide 12 years of education, including six-year primary, three-year junior secondary and three-year senior secondary education for students with intellectual disability ("ID students"). Since the authorities have set the age for ID students to leave school at 18, students who start their education later than usual and those who have learning difficulties might not be able to complete their secondary school education. In this connection, will the Government inform this Council:
    (a)given that it is stipulated in both the Code of Aid for Special Schools and the Code of Aid for Aided Schools that students of special schools may study in schools until they are 20 years old, why the authorities have set the age for ID students to leave school at 18 under the new senior secondary academic structure; whether they have assessed if this arrangement has violated these Codes; if such an assessment has been made, of the outcome;

    (b)why it is stipulated in the above Codes that students of special schools may only study in schools until they are 20 years old, but the age cap for students of ordinary schools is not stipulated in these Codes; whether it has assessed if the stipulation of the age cap has violated the Disability Discrimination Ordinance (Cap. 487); if the assessment outcome is in the affirmative, whether the authorities will amend such Codes, and of the details of the amendments; if the assessment outcome is in the negative, the reasons for that; and

    (c)whether the authorities will, under the new senior secondary academic structure, offer assistance in matters related to the further studies of ID students who have completed senior secondary education; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Education

*17. Hon WONG Kwok-hing to ask:
(Translation)

Some organizations have relayed to me that members of the public currently encounter much difficulty in applying for and awaiting allocation of public rental housing ("PRH") units. In this connection, will the Government inform this Council:
    (a)of the numbers of PRH units allocated to non-elderly one-person applicants by the Hong Kong Housing Authority ("HA") in each of the past three years;

    (b)of the respective numbers of applicants on the PRH Waiting List ("WL") at the end of each of the past three years and at present, broken down by their age groups (i.e. 18 to 29, 30 to 39, 40 to 49, 50 to 59, 60 or above) and, among them, the numbers of non-elderly one-person applicants;

    (c)of the respective numbers of non-elderly one-person applicants on PRH WL at the end of each of the past three years and at present, broken down by their education levels (i.e. primary, junior secondary, senior secondary and matriculated, post secondary, bachelor's degree, master's degree or above);

    (d)of the respective numbers of PRH units allocated to non-elderly one-person applicants in each of the past three years and the first half of this year, broken down by the waiting time concerned (i.e. less than one year, one to two years, from over two years to three years, over three years);

    (e)of the numbers of single-person PRH units recovered by HA in each of the past three years;

    (f)of the respective numbers of single-person PRH units the construction of which had been commenced and completed in each of the past three years; and the numbers of single-person PRH units which will be provided by HA in each of the coming five years;

    (g)of the numbers of cases in which single-person applicants on PRH WL switched to applications for families in each of the past three years; and

    (h)what justifications were used by HA when it set the criteria for determining the points scored by non-elderly one-person applicants under the points system?
Public Officer to reply : Secretary for Transport and Housing

*18. Hon CHAN Kin-por to ask:
(Translation)

The insurance sector has all along hoped that the Government will list particular insurance products (e.g. products which are investment-linked or with saving element) as permissible investment assets under the Capital Investment Entrant Scheme, so that participants of the Scheme will have more investment options which are reliable and secure, and long-term funds may be attracted to Hong Kong. On behalf of the sector, I have put forward the above proposal to the Financial Secretary and relevant government departments respectively. In this connection, will the Government inform this Council whether it will list particular insurance products as permissible investment assets; if it will not, of the reasons for that; if it will, the expected implementation date, as well as the criteria to be met and procedure to be followed by insurance companies in applying for their insurance products to be listed as permissible investment assets?

Public Officer to reply : Secretary for Security

*19. Hon Paul CHAN to ask:
(Translation)

Regarding the implementation of the Government's measure to inject $6,000 into the Mandatory Provident Fund accounts of eligible persons through the Mandatory Provident Fund Schemes Authority, will the Government inform this Council:
    (a)as the authorities stated that the injection of money into the accounts of some 1.404 million eligible persons had been completed at the end of April, of the number of applications received so far for review of eligibility, the respective numbers of cases of wrongful injections and omission of injections, the respective amounts of money involved, as well as the follow-up results of the relevant cases;

    (b)whether it has considered identifying persons of "three have-nots" or "five have-nots" ("three have-nots" means those who do not apply for Comprehensive Social Security Assistance, do not live in a public rental housing unit and do not have to pay tax, while "five have-nots" means those who, in addition to three have-nots, do not have to pay electricity charges directly and do not need to pay rates) through the account information of eligible persons obtained from the injection measure, and introducing counter measures to relieve their hardship; if it has, of the details of the measures; if not, the reasons for that; and

    (c)whether it knows if the relevant authorities will regularly update the account information of eligible persons obtained from the injection measure; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

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

School-based assessment ("SBA") scores are now counted towards students' results of some subjects in the Hong Kong Certificate of Education Examination ("HKCEE"). In this connection, will the Government inform this Council:
    (a)whether it knows in respect of each relevant HKCEE subject since the inclusion of SBA in 2005:

    (i)whether each year there were students whose SBA grades were at variance with their overall grades in that subject; if so, of the situation and the percentage of the number of such students in the total number of candidates sitting for the examination of that subject; and

    (ii)whether each year there were students whose SBA scores had rendered their overall grades in that subject different from their non-SBA grades; if so, of the situation and the percentage of the number of such students in the total number of candidates sitting for the examination of that subject; and

    (b)how the authorities summarize and assess the importance of and the need for SBA, as well as whether they will review the timetable for its mandatory implementation and will fully implement SBA only if consent has been given by the teachers and principals of the schools concerned by way of a democratic referendum?
Public Officer to reply : Secretary for Education

* For written reply

III. Bills


First Reading

1. Arbitration Bill

2. Public Officers Pay Adjustment Bill

3. Employment (Amendment) Bill 2009

4. Minimum Wage Bill

5. Inland Revenue (Amendment) (No. 3) Bill 2009

Second Reading (Debates to be adjourned)

1.Arbitration Bill:The Secretary for Justice

2.Public Officers Pay Adjustment Bill:Secretary for the Civil Service

3.Employment (Amendment) Bill 2009:Secretary for Labour and Welfare

4.Minimum Wage Bill:Secretary for Labour and Welfare

5.Inland Revenue (Amendment) (No. 3) Bill 2009:Secretary for Financial Services and the Treasury

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

Mandatory Provident Fund Schemes (Amendment) Bill 2009:Secretary for Financial Services and the Treasury

Secretary for Financial Services and the Treasury
to move Committee Stage amendments
(The amendments were issued on 3 July 2009
under LC Paper No. CB(3) 777/08-09)

IV. Motions

1. Proposed resolution under the Public Finance Ordinance

The Financial Secretary to move the motion in Appendix I.


Amendments to the motion
(i)Hon Albert HO:

RESOLVED that the motion to be moved by the Financial Secretary under section 29 of the Public Finance Ordinance (Cap. 2) at the Legislative Council meeting of 8 July 2009 be amended -

(a)by adding -

"(aa)the purpose of the establishment of the Fund is to promote the further and sustainable development of the local bond market;";

(b)in paragraph (b), by adding ". The Financial Secretary may from time to time consult the Bond Fund Consultation Committee. The Committee must be made up of 7 persons. The Financial Secretary must be the Chairperson of the Committee, other members are to be appointed by the Financial Secretary, and at least 2 persons elected by the Members of the Legislative Council from among their own number for recommending to the Financial Secretary for appointing as committee members" after "to other public officers";

(c)in paragraph (e), by deleting "for the purposes of -" and substituting "for - ";

(d)in paragraph (e)(ii), by deleting "investing in the manner the Financial Secretary considers appropriate for the prudent management of the Fund" and substituting "injecting into the Exchange Fund for investment in a prudent manner".

(ii)Hon James TO:

RESOLVED that the motion to be moved by the Financial Secretary under section 29 of the Public Finance Ordinance (Cap. 2) at the Legislative Council meeting of 8 July 2009 be amended -

(a)by adding -

"(aa)the purpose of the establishment of the Fund is to promote the further and sustainable development of the local bond market;";

(b)in paragraph (e), by deleting "for the purposes of -" and substituting "for - ";

(c)in paragraph (e)(ii), by deleting "investing in the manner the Financial Secretary considers appropriate for the prudent management of the Fund" and substituting "injecting into the Exchange Fund for investment in a prudent manner".

(iii)Hon KAM Nai-wai:

RESOLVED that the motion to be moved by the Financial Secretary under section 29 of the Public Finance Ordinance (Cap. 2) at the Legislative Council meeting of 8 July 2009 be amended by adding -

"(aa) the purpose of the establishment of the Fund is to promote the further and sustainable development of the local bond market;".

2. Proposed resolution under the Loans Ordinance

The Financial Secretary to move the following motion:


RESOLVED that -

(a)the Government be authorized to borrow from any person from time to time for the purposes of the Bond Fund established by a resolution made and passed under section 29 of the Public Finance Ordinance (Cap. 2) such sums not exceeding in total $100 billion or equivalent, being the maximum amount of all borrowings made under this paragraph that may be outstanding by way of principal at any time; and

(b)sums borrowed under paragraph (a) are to be credited to the Bond Fund.

3.Proposed resolution under the Race Discrimination Ordinance

Secretary for Constitutional and Mainland Affairs to move the motion


(The motion was issued on 3 July 2009
under LC Paper No. CB(3) 772/08-09)

4.Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for Food and Health to move the following motion:


RESOLVED that the Food Business (Amendment) Regulation 2009, published in the Gazette as Legal Notice No. 93 of 2009 and laid on the table of the Legislative Council on 13 May 2009, be amended, in section 1, by repealing "1 August 2009" and substituting "1 August 2010".

5.Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for Commerce and Economic Development to move the motion in Appendix II.

V. Members' Motions
  1. Facing up to the aspirations of the people participating in the march on 1 July

    Hon James TO: (Translation)

    That it is anticipated that on 1 July this year, a large number of people will take part in the march to express their dissatisfaction at the Government's lack of sincerity to implement dual universal suffrage for the Chief Executive and the Legislative Council elections in 2012 as well as its various blunders in the implementation of policies, including the failure to put in place an effective system to regulate the sale of financial products and the persistently high unemployment rate, etc, this Council urges the Government to face up to the aspirations of the people participating in the march.

    Amendments to the motion
    (i)Hon Emily LAU: (Translation)

    To delete "it is anticipated that on 1 July this year, a large number of people will take part in the march" after "That" and substitute with ", as the Government of the Hong Kong Special Administrative Region has not attached importance to public opinions for many years, tens of thousands to hundreds of thousands of people participated in the marches on 1 July in the past six years, and it is believed that there will also be a large number of people standing out this year"; to delete "and" after "financial products" and substitute with ","; to add "and the worsening disparity between the rich and the poor" after "unemployment rate"; and to add ", propose to the public the implementation of dual universal suffrage for the Chief Executive and the Legislative Council elections in 2012 in the package of proposals on constitutional development to be put forth for consultation by the end of this year, establish a democratic political system and an accountable government, and improve the implementation of policies to alleviate public grievances" immediately before the full stop.

    (ii)Hon Audrey EU: (Translation)

    To add ", the failure to set targets for the reduction of total greenhouse gas emissions and formulate a comprehensive policy on climate change," after "financial products".

    Public Officers to attend:The Chief Secretary for Administration
    The Financial Secretary
    Secretary for Constitutional and Mainland Affairs
    Secretary for Labour and Welfare
    Secretary for Financial Services and the Treasury
    Secretary for the Environment

  2. Assisting local enterprises in brand building and product development

    Dr Hon LAM Tai-fai: (Translation)

    That, as market competition is getting keener, Hong Kong enterprises engaging in original equipment manufacturing and processing businesses, especially the small and medium enterprises, are facing problems of diminishing competitiveness and narrowing room for development, and coupled with the present impact of the global financial crisis, slackening European and US economy and declining purchasing power, the export business of Hong Kong enterprises is hard hit and their operation is getting more difficult; in order to achieve the objective of 'supporting enterprises and preserving employment', this Council urges the Government to proactively assist Hong Kong enterprises in brand building and product development so as to enhance the uniqueness of their products and services, thereby increasing their market competitiveness and opening up a diversified market, as well as safeguarding local employment opportunities, the measures include:

    (a)supporting brand and design research projects so as to provide the industry with technical and information support for the development of product branding and service branding, and establishing a high-level standing institution which is specifically responsible for initiating, studying, formulating and promoting an overall development strategy for Hong Kong brands, as well as planning and coordinating brand-related activities organized by various sectors, in particular the industrial and business sectors, of Hong Kong;

    (b)systematically establishing a platform for promoting local brands, such as turning industrial buildings into exhibition and sales centres for brand-name products and setting up character precincts in immigration control points to showcase Hong Kong's brand-name products, with a view to exploring business opportunities and promoting employment;

    (c)providing substantive support for Hong Kong brands to expand in the Mainland market and implementing the trade and investment facilitation measures in relation to the cooperation in areas of commodity inspection, brands, etc, under the Mainland and Hong Kong Closer Economic Partnership Arrangement, so as to open up business opportunities in the Mainland market; and

    (d)proactively discussing with the Mainland Government to expeditiously strengthen the protection of Hong Kong businessmen's intellectual property rights in brands, trademarks, designs and patented technologies, and introducing facilitation measures, such as making reference to overseas practices to study the feasibility of 'one-registration, two-uses' for trademarks, establishing a mutual recognition regime for trademark registration in both the Mainland and Hong Kong, and offering special protection for well-known trademarks and brands.

    Amendment to the motion
    Hon Vincent FANG: (Translation)

    To delete "as" after "That," and substitute with "under the attack by both the financial tsunami and human swine flu,"; to delete "present impact of the global financial crisis," after "coupled with the"; to delete "and" after "business opportunities in the Mainland market;"; and to add "; and (e) vigorously promoting to other places Hong Kong's testing and certification services to enhance its international profile and increase its recognition, so that local manufacturers can better utilize Hong Kong's testing and certification services to avoid encountering obstacles in testing, as well as ensuring that sufficient testing and certification professionals are trained to meet the demand" immediately before the full stop.

    Public Officer to attend : Secretary for Commerce and Economic Development

  3. Motion for the adjournment of the Council

    Hon Miriam LAU: (Translation)

    That this Council do now adjourn for the purpose of debating the following two issues:

    (a)review of the tree management policy and the report on the review raised by Hon Tanya CHAN; and

    (b)persistent rent increases by The Link Management Limited and the substantial layoffs upon the change of service contracts for its carparks raised by Hon WONG Kwok-kin.

    Public Officers to attend:Secretary for Labour and Welfare
    Secretary for Development
    Secretary for Transport and Housing
Clerk to the Legislative Council