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A 09/10-19

Legislative Council

Agenda

Wednesday 3 March 2010 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Public Revenue Protection Order 201018/2010
2.Rating (Exemption) Order 201019/2010
3.Revenue (Reduction of Business Registration Fees) Order 201020/2010
4.Dutiable Commodities (Amendment) Regulation 201021/2010
5.Designation of Libraries Order 201022/2010

Other Papers

1.No. 74-Hong Kong Council for Accreditation of Academic and Vocational Qualifications Annual Report 2008-2009
(to be presented by the Secretary for Education)

2.No. 75-Estimates
for the year ending 31 March 2011
General Revenue Account
- Consolidated Summary of Estimates
- Revenue Analysis by Head
(to be presented by the Financial Secretary)

II. Questions

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

According to Annex II of the Basic Law, the passage of bills introduced by the Government shall require at least a simple majority vote of the Members of the Legislative Council present. The passage of motions, bills or amendments to government bills introduced by individual Members of the Legislative Council shall require a simple majority vote of each of the two groups of Members present: Members returned by functional constituencies and those returned by geographical constituencies through direct elections ("directly elected Members"). In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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

According to the statistics of the Motor Insurers' Bureau of Hong Kong ("MIB"), there were a total of 82 claims between 2004 and 2008 in which the vehicles concerned were not covered by the third party risks insurance and MIB was required to make compensations amounting to more than $84 million to the victims. Some members of the trade have indicated that since at present the source of the compensation fund is the levy on third party risks insurance premiums, it has resulted in vehicle owners who have taken out the said insurance subsidizing those who have not. These members are also of the view that the number of uninsured vehicles uncovered because of their involvement in traffic accidents is only a small proportion of that of uninsured vehicles at present. In this connection, will the Government inform this Council:
Public Officer to reply:Secretary for Transport and Housing
Secretary for Financial Services and the Treasury


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

Section 12A of the Mandatory Provident Fund Schemes Ordinance stipulates that certain amounts relating to severance payments and long service payments may be paid from accrued benefits of mandatory provident fund ("MPF") schemes. In this connection, will the Government inform this Council:
Public Officer to reply:Secretary for Financial Services and the Treasury
Secretary for Labour and Welfare


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

Maryknoll Convent School was declared a monument in 2008. There was a Norfolk Island Pine on its campus which was over 70 years old and half of the roots of the tree were damaged as a result of the drainage works carried out in the school last year. The school had earlier removed the tree on grounds of safety. Regarding the conservation of trees within the site of a monument and the aforesaid incident of the Norfolk Island Pine being removed, will the Government inform this Council: Public Officer to reply : Secretary for Development

5. Hon CHAN Hak-kan to ask:
(Translation)

The Financial Secretary announced a 50% increase in tobacco duty in the Budget for the last financial year. The Secretary for Food and Health later told the media that he hoped that the increase in tobacco duty would encourage smokers, particularly young smokers, to quit smoking, with the aim of reducing the number of smokers by 10% to 20%. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Food and Health

6. Hon Cyd HO to ask:
(Translation)

It has been learnt that the United Services Recreation Club ("USRC"), which is located within the Gun Club Hill Barracks, used to be a recreation club for the former British Garrison in Hong Kong and their family dependents. It was owned and administered by the British Garrison in Hong Kong before 1997, and its ownership was subsequently handed over to the People's Liberation Army Hong Kong Garrison ("PLA Garrison") after the handover of sovereignty in 1997. At present, USRC is a private club which generates profits by collecting membership fees and monthly subscriptions, and it is administered by a private company with its membership open to application by the public. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Security

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

Regarding the promotion of the development of information technology ("IT") in schools in Hong Kong, will the Government inform this Council: Public Officer to reply : Secretary for Education

*8. Ir Dr Hon Raymond HO to ask:
(Translation)

On 29 January this year, a 55 years old six-storey tenement building at 45J Ma Tau Wai Road suddenly collapsed while renovation works were being carried out in a shop on the ground floor of the building. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Development

*9. Hon WONG Kwok-kin to ask:
(Translation)

Some residents of Kwun Tong have relayed to me that due to a prolonged lack of maintenance of the buildings in Yue Man Square and its vicinity which have been acquired by the Urban Renewal Authority ("URA"), tin plates on the rooftop of the buildings were once blown away and fell down, and it was lucky that no one was hurt. Furthermore, some members of the public have pointed out that as the Kwun Tong Town Centre Project and Mong Kok's Sai Yee Street Project cover relatively large redevelopment areas, it will therefore take some time before demolition and redevelopment works formally commence; yet, in the meantime, the buildings acquired by URA may become potential bombs in the city. In this connection, will the Government inform this Council whether it knows: Public Officer to reply : Secretary for Development

*10. Hon WONG Sing-chi to ask:
(Translation)

It was reported that a British girl died in a fatal accident last month while karting at a kart track in Lung Kwu Tan in Tuen Mun ("the kart track"). It was also reported that the kart track commenced operation in 2006, with part of the track located on private land and other facilities such as the spectator stand built on the land leased from the Government under a short term tenancy ("STT"). In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Home Affairs

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

The State Council announced last year that our country had decided to reduce the carbon dioxide emissions per unit of gross domestic product to 40% to 45% by 2020 as compared with that of the 2005 in terms of carbon intensity, and the aforesaid target had been submitted to the United Nations Framework Convention on Climate Change. At the meeting of this Council on 2 December last year, the Secretary for the Environment indicated that the SAR Government would try to tie in with the country's efforts to achieve the goal of reducing carbon intensity and take this opportunity to review the Government's relevant policies and objectives. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for the Environment

*12. Hon Mrs Regina IP to ask:
(Translation)

It has been reported that Singapore Exchange and an international electronic stock trading centre has jointly set up a "dark pool" trading platform for institutional investors to conduct block trading of stocks listed in the Asia-Pacific region, including Australia, Hong Kong and Japan, by way of offshore trading. Regarding the development of "dark pool" trading in Hong Kong, will the Government inform this Council: Public Officer to reply : Secretary for Financial Services and the Treasury

*13. Dr Hon David LI to ask:


At the meeting of the Legislative Council Panel on Security on 5 January 2010, the Government presented a paper on the latest position of the Capital Investment Entrant Scheme and Quality Migrant Admission Scheme. Information on the contributions made by the successful applicants after their resettlement in Hong Kong was not provided in the paper. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Security

*14. Hon Starry LEE to ask:
(Translation)

Focusing on the situation of special pre-primary education (learner diversity education) in Hong Kong, a political party invited academics to conduct a questionnaire survey with kindergarten teachers in 2009. The outcome indicated that there might be as high as 70% of the kindergartens in Hong Kong which had children with various types of special needs and about 50% of the teachers surveyed considered that there might be as many as 10 children or more with learner diversity needs ("children with learner diversity") in their school, reflecting the keen demand for special pre-primary education. The survey also found that recognition and acceptance of the teaching staff towards children with learner diversity were merely of medium level, which reflected that the actual number of children with learner diversity was larger than that indicated in the survey; and parents in Hong Kong generally knew very little about children with learner diversity, which warrants concern. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Education

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

Regarding the use of disposable and reusable food containers by schools, will the Government inform this Council: Public Officer to reply : Secretary for the Environment

*16. Dr Hon Joseph LEE to ask:
(Translation)

At present, the Hospital Authority ("HA") makes an annual allocation for staff training and development, a part of which was used for training nurses. In this connection, will the Government inform this Council whether it knows, in each of the past three years: Public Officer to reply : Secretary for Food and Health

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

Some members of the public have relayed to me that the forecast time of the southward migration of a cold front, the seven-day weather forecasts and weather forecasts for even shorter periods made by the Hong Kong Observatory ("HKO") during the Chinese New Year holiday this year (from 11 to 20 February) significantly deviated from the actual situations, and that the temperature forecasts had been amended time and again, while the actual temperatures on several days were significantly lower than those forecasted. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Commerce and Economic Development

*18. Dr Hon LAM Tai-fai to ask:
(Translation)

In its paper submitted to the Panel on Transport of this Council in November 2008, the Government has indicated that the traffic distribution among the three road harbour crossings ("RHCs") is uneven, and there is room for improvement. One of the major causes of uneven distribution is the difference in toll levels of the three RHCs. Moreover, quite a number of members of the public have relayed to me that congestion occurs in north bound and south bound traffic at the Cross-Harbour Tunnel ("CHT") every morning and evening, and it has not only resulted in longer journey time but has also aggravated air pollution as it has increased vehicle emissions. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Transport and Housing

*19. Hon KAM Nai-wai to ask:
(Translation)

In recent years, quite a number of members of the public have engaged in angling at the waterfronts of the Victoria Harbour. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Food and Health

*20. Hon Paul TSE to ask:
(Translation)

Quite a number of licensed travel agents have relayed to me that, in applying for renewal of licences, other than having to submit audited financial statements to the Travel Agents Registry, they are also required to submit their annual management accounts and, among such travel agents, many of them are even required to submit three or four quarters of quarterly management accounts; yet, companies are only required to submit returns to the Inland Revenue Department once a year, even those operating as limited companies in other industries. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Commerce and Economic Development

* For written reply

III. Motions

Proposed resolution under the Inland Revenue Ordinance

Secretary for Financial Services and the Treasury to move the following motion:


RESOLVED that the Inland Revenue (Disclosure of Information) Rules, made by the Chief Executive in Council on 26 January 2010, be approved.

(The Rules were issued on 11 February 2010
under LC Paper No. CB(3) 456/09-10)

IV. Members' Motions

  1. Proposed resolution under the Interpretation and General Clauses Ordinance

    Hon Miriam LAU to move the following motion:


    RESOLVED that in relation to the -

    (a)Prisons (Amendment) Order 2010, published in the Gazette as Legal Notice No. 13 of 2010;

    (b)Immigration (Places of Detention) (Amendment) Order 2010, published in the Gazette as Legal Notice No. 14 of 2010;

    (c)Immigration (Treatment of Detainees) (Amendment) Order 2010, published in the Gazette as Legal Notice No. 15 of 2010; and

    (d)Smoking (Public Health) Ordinance (Amendment of Schedule 2) Order 2010, published in the Gazette as Legal Notice No. 16 of 2010,

    and laid on the table of the Legislative Council on 24 February 2010, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 14 April 2010.

  2. Actively participating in the by-elections to implement genuine universal suffrage

    Hon Audrey EU to move the following motion:
    (Translation)

    That this Council appeals to all electors in Hong Kong to actively participate in the forthcoming by-elections in the five geographical constituencies to peacefully quantify public opinion through voting, so as to achieve the social effect of a de facto referendum, and strive for the expeditious implementation of genuine universal suffrage and abolition of functional constituencies.

    Public Officer to attend : Secretary for Constitutional and Mainland Affairs

  3. Improving the living environment in old districts

    Hon Starry LEE to move the following motion:
    (Translation)

    That, old buildings abound in Hong Kong and those of 30 years or above amount to as many as 16 000 and will increase to 26 000 in 10 years' time; many of the old buildings are dilapidated, have poor environment and are not properly managed, giving rise to various building safety and law and order problems; as such, this Council urges the Government to take action regarding the aspects of maintenance of old buildings, building management as well as redevelopment and planning of old districts, etc., so as to improve the existing living environment of residents in old districts, and the proposed measures include:

    on building maintenance,

    (a)to allocate additional funding to 'Operation Building Bright', and co-ordinate the various subsidy and loan schemes to provide one-stop services and perfect the relevant schemes, so as to assist more owners with financial difficulties;

    (b)to enhance regulation of renovation works which involve structural alterations;

    (c)focusing on water seepage problems of ceilings of old buildings, to review the existing practice of using colour dyes as the main testing tool and improve the relevant follow-up procedures of government departments, so as to enhance processing efficiency;

    (d)to expedite the clearance procedures for handling unauthorized building works;

    on improving building management,

    (e)to actively assist owners of old buildings in organizing owners' corporations or hiring management companies, including exploring the engagement of the Hong Kong Housing Society or other non-government organizations to act as agents and let these organizations to take over the management work or hire management companies, so as to assist the residents in resolving management and maintenance problems;

    (f)to review the existing Building Management Ordinance, so as to alleviate the problem of inefficiency in building management of 'one building with multiple owners' corporations' and 'multiple buildings with one owners' corporation';

    (g)to set up a 'building affairs tribunal' to resolve the existing problems of lengthy building management disputes, expensive legal costs, etc.;

    (h)to actively examine the creation of a commissioner for management of old buildings to co-ordinate the existing work of various departments, so as to avoid fragmented administration of such departments;

    (i)to implement a licensing scheme for property management companies to improve the quality of such management companies;

    on expediting redevelopment of old districts,

    (j)when launching urban renewal projects, the Urban Renewal Authority ('URA') should preferably adopt a 'bottom-up' approach, and let owners of old buildings take the lead in that they may take the initiative to invite URA to carry out redevelopment after obtaining a certain number of ownership shares;

    (k)in order to promote urban renewal, the development mode of renewal should be diversified in that apart from financial compensations, URA may consider other compensation options, including providing flat-for-flat exchange, for owners of old buildings to choose;

    on planning of old districts and enhancement of cityscape,

    (l)to improve greenery, supporting community facilities and conservation work in old districts and enhance river channels and harbourfront areas, so as to revitalize old districts and improve the quality of life of the residents;

    (m)to allocate additional resources to the Food and Environmental Hygiene Department to eradicate environmental hygiene blackspots in old districts; and

    (n)to actively explore feasible ways to properly deal with the management problem of private streets, so as to improve the street environment in the places concerned.

    Amendment to the motion
    Hon James TO to move the following amendment:
    (Translation)

    To add "the dilapidation of buildings and their lack of management not only pose potential danger to their residents and the public, but also hinder the sustainable development of the society;" after "That,"; to add "relax the restrictions on application and terms of funding support for various subsidy and loan schemes, and" after " 'Operation Building Bright', and"; to add ", and carry out extensive publicity and education work to enhance public awareness of the effect of structural alteration to units on building safety, and encourage the public to provide information on works involving structural alterations to facilitate the Government in early detection of illegal structural alteration works, so as to avoid the building structure being affected" after "structural alterations"; to add ", and enhance the exercising of powers conferred on the Building Authority under section 22 of the Buildings Ordinance, in particular focusing on old and notably dilapidated buildings, to enter into units of such buildings to inspect whether there are unauthorized building works that may affect the building structure, so as to ensure building safety; and should serious cases of inter-linked unauthorized building works be detected, the Government should take the initiative to assist the affected owners in carrying out rehabilitation works together and then share the costs among the owners, so as to avoid continuous potential hazards in the building structure and safeguard building safety" after "building works"; to add "(j) to establish a mechanism for modifying unreasonable provisions in the deeds of mutual covenant, so as to assist owners in managing the buildings more effectively; (k) to actively consider establishing an approval mechanism to assist small property owners under sub-deeds of mutual covenant in obtaining the right to deal with building management problems covered by sub-deeds of mutual covenant;" after "management companies;"; to delete the original "(j)" and substitute with "(l)"; to delete the original "(k)" and substitute with "(m)"; to add "and options for joint development with owners" after "flat-for-flat exchange"; to add "(n) to review the existing compensation measures of URA to ensure that tenants affected by the freezing survey will have reasonable compensation or rehousing arrangement;" after "choose;"; to delete the original "(l)" and substitute with "(o)"; to delete the original "(m)" and substitute with "(p)"; and to delete the original "(n)" and substitute with "(q)".

    Public Officers to attend:Secretary for Home Affairs
    Secretary for Development
Clerk to the Legislative Council