A 12/13-9

Legislative Council

Agenda

Wednesday 28 November 2012 at 11:00 am



I. Tabling of Papers



Subsidiary Legislation / InstrumentL.N. No.
Competition Ordinance (Commencement) Notice 2012177/2012

Other Papers

1.No. 28-Estate Agents Authority
Annual Report 2011/12
(to be presented by Secretary for Transport and Housing)

2.No. 29-Annual Report 2011 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)

3.Report No. 5/12-13 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Andrew LEUNG, Chairman of the House Committee)

II. Questions



1. Hon Albert HO to ask: (Translation)


The Head of the Central Policy Unit ("CPU") has reportedly said in a recent television interview that, in future, CPU will deploy more resources and manpower to closely attend to messages posted on social networking web sites and discussion forums on the Internet. In addition, CPU has been assigned a new duty of identifying talents for hundreds of advisory bodies and committees. It has also been reported that some Administrative Officers have recently been informed that all appointments to public offices of important statutory and advisory bodies are required to be reported to a newly appointed full-time member of CPU. In this connection, will the Government inform this Council:
  • (a)of the resources and manpower that CPU will deploy in the next five years for monitoring the opinions on public affairs expressed by members of the public on social networking web sites and discussion forums on the Internet; whether it will recruit additional manpower to post comments on these social networking web sites and discussion forums; if it will, of the additional manpower to be recruited;

    (b)whether various policy bureaux were previously required to report to CPU's members appointments to the public offices of statutory and advisory bodies; of the total number of candidates for appointment to public offices which have been reported by various policy bureaux since the implementation of the measure, and whether the CPU member concerned has raised objection to any of these candidates; if objections have been raised, whether the candidates concerned have been appointed eventually; and

    (c)whether it has assessed if CPU's new function concerning appointments to public offices of statutory and advisory bodies will undermine the power of policy bureaux in appointing members of the community to public offices; if the assessment outcome is in the affirmative, of the details; if the assessment outcome is in the negative, the reasons for that?
Public Officer to reply : The Chief Secretary for Administration

2. Hon Frankie YICK to ask: (Translation)


Some members of the logistics industry have relayed to me that there has all along been a lack of logistics sites for many years. Although the former Chief Executive mentioned in his Policy Address in 2009 that the authorities "have identified a number of permanent sites around the Kwai Tsing area, which is close to our container terminals and airport" for the development of a logistics cluster, the Government has only granted two sites so far, and other sites may only be released pending the completion of the market and traffic impact assessments. In this connection, will the Government inform this Council:
  • (a)of the timetable for releasing the remaining sites as well as the areas, locations and specified uses of those sites; among such sites, the number of those which will be used for storing containers and providing logistics back-up services;

    (b)given that some members of the logistics industry have told me that apart from the Kwai Tsing area, the authorities will also consider identifying other logistics sites in North West New Territories, of the progress update on such task (including the timetable for releasing the sites as well as the areas and locations of those sites); and

    (c)given that the logistics industry has switched to the provision of storage, distribution and transit services for high value goods and these services require a lot of land for the work processes of storing, devanning and consolidating containers, whether the Government will review its current policy on logistics sites and, making reference to the practice of the Government in the last century of constructing factory buildings and industrial estates, provide infrastructural facilities to tie in with the development of the logistics industry, e.g. constructing government warehouses and lease them to small and medium enterprises at cost, so that the development of such enterprises will not be hindered because of inability to afford the high rentals of warehouses built by developers on sites obtained at high bid prices; if it will, of the details of its plan; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

3. Hon Alan LEONG to ask: (Translation)


On the day after assumption of office, the Chief Executive ("CE") indicated that the Government hoped to achieve the goal of "zero food waste" eventually. The Secretary for the Environment has also said that the Government will "actively support reduction of food waste". It has been reported that CE's wife has set up a company in the middle of this month to promote the reduction of food waste. According to its proposal, the company will deploy manpower resources to undertake such work as food distribution, public education and research, etc., and it plans to collaborate with various organizations in its work, lobby the Government to introduce legislation in this regard and solicit funds from the business sector. In this connection, will the Government inform this Council:
  • (a)according to the current requirements on declaration of interests, whether CE is required to declare the companies set up by his spouse which are directly related to the policies actively promoted by the Government; if such declarations are required, of the details and whether such declarations are available for public inspection; if such declarations are not required, of the reasons for that;

    (b)whether it has assessed if it will give rise to perceived or real conflict of interests when on the one hand the Government actively promotes the policy of food waste reduction and, on the other hand, CE's wife has set up a company engaged in food waste treatment; if the assessment result is in the affirmative, of the details; if the assessment result is in the negative, the reasons for that; and

    (c)whether the operation of companies by the spouses and immediate family members of CE and politically appointed officials ("PAOs") as well as their acceptance of government subsidies or donations from the business sector through such companies are subject to regulation by existing legislation or codes for CE and PAOs on prevention of conflict of interests; if so, whether it has assessed if the aforesaid case violates the relevant requirements; if such regulation is not in place, whether the Government has considered expanding the scope of the relevant legislation or codes to cover the aforesaid situation to prevent conflict of interests?
Public Officers to reply : Secretary for Constitutional and Mainland Affairs
Secretary for the Environment

4. Hon Cyd HO to ask: (Translation)


It was reported in the press on 19 October this year that the Police had procured a new type of weapon called Long Range Acoustic Device (commonly known as "sound cannons"), which could be used to disperse participants of demonstrations and public gatherings. The press reports also pointed out that the sound cannons could produce high frequency sound waves which could impair the hearing of persons within a short distance from the device. In response to the press report, the Police issued a press release on the same day stating that the Police had put in place very strict codes and guidelines on the use of the device, and that the device would only be used in anti-riot operations. In this connection, will the Government inform this Council:
  • (a)of the details of the sound cannons, including the model, efficacy, lethality, coverage, and potential hazards to human health (including immediate and permanent damages), and whether they will harm people who are not the target;

    (b)of the weaponry used by the Police, prior to the procurement of the sound cannons, for handling the situations which are now handled by the sound cannons; whether the Police's procurement of the sound cannons was due to the inadequacies of such weaponry; if there were inadequacies of such weaponry, of the details; whether the Police had other reasons for procuring the sound cannons; whether they have plans to procure more sound cannons; and

    (c)how the Police determine what situations are "riots" which call for the use of sound cannons; of the channels through which the public may inspect the Police's codes and guidelines on the use of sound cannons; whether the authorities have consulted healthcare professionals and the Independent Police Complaints Council on the codes; if they have, of the views collected; if not, the reasons for that?
Public Officer to reply : Secretary for Security

5. Hon IP Kwok-him to ask: (Translation)


The Police's Third Generation Command and Control Communications System ("CC3") broke down in the morning of 24 October 2012, during which some consoles of the Hong Kong Island Regional Command and Control Centre could not communicate with frontline police officers through CC3, and could only maintain communication with them using the Force Mobile Radio Telephone. CC3 resumed normal only after 17 hours at 4 am the following day. The Police have ruled out the possibility of man-made sabotage or hacker intrusion causing damages to CC3. In this connection, will the Government inform this Council:
  • (a)of the direction along which the Police are currently investigating the causes of the aforesaid failure, as well as the impact of the failure on the work of frontline police officers;

    (b)of the number of cases of system failure (including all incidents) of CC3 that have occurred so far since its coming into operation at the end of 2004, as well as the causes of the failure; and

    (c)whether the Police have conducted regular reviews on the effectiveness and security issues, etc., of CC3; if they have, of the frequency of such reviews; if not, the reasons for that?
Public Officer to reply : Secretary for Security

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


It has been reported that Cathay Pacific Airways ("CX") is preparing to launch a "Cross Base Flying Scheme" ("the new scheme"), under which flight attendants based in Singapore, Bangkok and San Francisco are allowed to swap the routes they serve. For example, under the new scheme, Bangkok-based crew may work on flights between Hong Kong and San Francisco. It has been learnt that CX has all along recruited expatriates from abroad to serve as Hong Kong-based flight attendants and work on flights travelling to and from Hong Kong, but these employees are required to obtain work visas from the Hong Kong Government and reside in Hong Kong, and they are also entitled to housing allowances. Some CX employees have pointed out that the arrangement made by CX for non-Hong Kong-based crew to work on flights travelling to and from Hong Kong is tantamount to shifting local posts to overseas cities where staff costs are lower. In this connection, will the Government inform this Council:
  • (a)whether non-Hong Kong-based CX employees are required to obtain work visas from the Hong Kong Government for working on flights which stop over in Hong Kong; if not, of the reasons for that;

    (b)of any requirement in the regulations for the aviation industry that local airlines licensed by the Air Transport Licensing Authority should accord priority to local workers in filling the posts created by them; and

    (c)whether it will take any measures to prevent locally registered airlines from employing non-Hong Kong-based employees to work on flights with Hong Kong as the operation centre, so as to protect local workers' employment opportunities?
Public Officers to reply : Secretary for Transport and Housing
Secretary for Labour and Welfare

*7. Hon Claudia MO to ask: (Translation)


Some reporters have relayed to me that the media reporting arrangements in the new Central Government Complex ("new CGC") since its commissioning are a retrogression compared with those in the former Central Government Offices ("CGO"). For example, reporters have to make a detour and go through many doors when commuting between the East and West Wings of the new CGC. This is particularly inconvenient to television reporters carrying bulky video recording equipment. In addition, at present, the ground floor lobby of the Office of the Chief Executive ("CE Office") is open to reporters generally only during the time when the Executive Council ("ExCo") is having a meeting, but quite a number of ExCo Members often enter and leave the conference room using an access which is not visible to reporters. As a result, photojournalists are unable even to take shots of ExCo Members coming downstairs from the conference room, and reporters also find it difficult to conduct interviews with ExCo Members and officials. As a result, reporters are unable to monitor the work of the Government and the public's right to know is thus undermined. In this connection, will the Government inform this Council:
  • (a)whether it will allow reporters to use the direct access linking the East and West Wings of the new CGC, and open the gate of the West Wing for use by reporters to facilitate their reporting in the new CGC;

    (b)whether it will make reference to the relevant arrangements in the former CGO, and allow reporters to go to the staff canteen for meals direct through the access between the West Wing of the new CGC and the canteen;

    (c)whether it will open up the ground floor lobby of the CE Office to reporters during the time when there is no ExCo meeting, so as to give reporters the opportunities to interview officials entering or leaving that place during such time, just like the arrangements in the former CGO; and

    (d)whether it will require ExCo Members to use the main entrance when they attend ExCo meetings and to cease using the access which is not visible to reporters, so that reporters will have the opportunities to interview ExCo Members and to monitor their attendance at meetings (including whether they are absent from or late for the meeting, or leave the meeting early)?
Public Officer to reply : The Chief Secretary for Administration

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


In April this year, the authorities introduced a series of administrative measures to step up efforts in combating pregnant mainland women whose spouses are not Hong Kong permanent residents, commonly known as "doubly non-permanent resident pregnant women" ("DNRP women"), giving birth in Hong Kong. These measures included strengthening the interception of DNRP women not having the Confirmation Certificate on Delivery Booking ("the Confirmation Certificate") at boundary control points. The Chief Executive-elect had also indicated that the quota for DNRP women to give birth in Hong Kong would be zero in 2013. It has been reported that despite the drop in the recent months in the number of cases of DNRP women, who do not have the Confirmation Certificate, crossing the boundary and rushing into the accident and emergency departments of public hospitals to give birth shortly before labour, some mainland agents have been arranging DNRP women to engage in bogus marriage with Hong Kong residents and then come to Hong Kong to give birth. These agents also help these pregnant women reserve beds for delivery in private hospitals in Hong Kong. In this connection, will the Government inform this Council:
  • (a)of the number of DNRP women who gave birth in Hong Kong since April this year; how this figure compares with that in the same period last year;

    (b)of the number of cases of bogus marriage detected by the authorities since April this year and, among these cases, the number of those which were related to the purpose of giving birth in Hong Kong; the number of cases in which the persons involved were convicted;

    (c)given that the aforesaid agents provide "through-train" services (including reservation of hospital beds, accommodation in Hong Kong and application for relevant documents after delivery, etc.) and their modes of operations are varied, whether the authorities have set up a dedicated department to combat the activities of these agents; if they have, of the details and the effectiveness; if not, the reasons for that;

    (d)whether the authorities will further step up the relevant administrative measures and impose heavy penalty on DNRP women who come to give birth in Hong Kong; if they will, of the details; whether the authorities will eradicate DNRP women giving birth in Hong Kong through introducing legislation; if they will, of the details; and

    (e)given that the authorities have indicated that they would cooperate with the relevant mainland departments and take joint law enforcement actions to combat the activities of those agents, of the details and progress?
Public Officer to reply : Secretary for Security

*9. Hon James TO to ask: (Translation)


It was reported early this year that a Libyan dissident alleged that he and his family had been detained in Hong Kong by the authorities for about two weeks in 2004 and were forced to board a plane at the Hong Kong International Airport in March of the same year for repatriation to Libya, where he was subsequently subjected to torture and inhuman treatment. It was also reported that the dissident alleged that some intelligence officers from the United States and the United Kingdom had taken part in the repatriation operation and was then suing the United Kingdom Government for that, and the United Kingdom Government was conducting an investigation into the case. In this connection, will the Government inform this Council:
  • (a)of the details of the incident of the aforesaid family being detained in Hong Kong and subsequently repatriated to Libya, including the number of Libyans involved, their treatment during their stay in Hong Kong, who were responsible for arranging for their repatriation from Hong Kong and the transportation upon their arrival at the destination, as well as the rank of the government officers in Hong Kong who were responsible for handling the case and the resources involved;

    (b)of the justifications for the authorities carrying out the detention and repatriation operations, or on the request of which organizations the authorities had taken such operations; whether such operations were taken in accordance with the established procedures; whether the authorities had, prior to repatriating the aforesaid family, questioned the family members, instituted any judicial proceedings and informed them in writing of the decision of extradition, expulsion or repatriation to Libya;

    (c)whether it has assessed the liabilities and rights of and the role played by the authorities in this incident;

    (d)whether the authorities, prior to carrying out the repatriation operation, had assessed if the Libyan would be subject to any torture or inhumane treatment after being repatriated to his country, and if such repatriation would contravene the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; if they had, of the assessment outcome; if not, the reasons for that; and

    (e)whether the authorities will conduct an investigation into this incident; if they will, of the expected time of completion and whether they will make public the investigation report; if no such investigation will be conducted, the reasons for that?
Public Officer to reply : Secretary for Security

*10. Dr Hon LAU Wong-fat to ask: (Translation)


Regarding applications for passports of the Hong Kong Special Administrative Region ("HKSAR passports") through the Internet, will the Government inform this Council:
  • (a)of the number of applications for HKSAR passports in the past five years, together with a breakdown by the means of application (in person, by post, putting in drop-in boxes and online);

    (b)of the number of cases in the past five years in which the applicants, who originally intended to apply for HKSAR passports through the Internet, had to submit their applications by other means because the digital photographs they submitted had been rejected; and

    (c)whether it will improve the programme for accepting online submission of passport photographs in order to increase the success rate of applications for HKSAR passports through the Internet?
Public Officer to reply : Secretary for Security

*11. Hon CHAN Han-pan to ask: (Translation)


Quite a number of members of the public have lodged complaints with me about the unauthorized extension of business area by some food premises and shops in the vicinity of their residences, which has caused not only noise and environmental hygiene nuisances but also the concern that the arrangements made by some food premises for their customers to use naked flame for hot pot meals on road sides might pose fire hazards. These residents have also pointed out that although the Government has taken law enforcement actions, the problems have not actually been resolved. In this connection, will the Government inform this Council:
  • (a)of the details of the measures and law enforcement actions taken by the Food and Environmental Hygiene Department in respect of the aforesaid problems in the past five years (together with the number of prosecutions instituted);

    (b)whether the Police had taken any law enforcement actions under section 4 (Nuisances and miscellaneous offences), section 4A (Obstruction of public places) and section 32 (Removal of filth, etc., and recovery of expenses) of the Summary Offences Ordinance (Cap. 228) in respect of the aforesaid problems in the past five years; if so, of the details; if not, the reasons for that;

    (c)whether the Fire Services Department had followed up in the past five years the problem of food premises making arrangements for customers to use naked flame for hot pot meals on road sides; if so, of the details; if not, the reasons for that; and

    (d)given that the Office of The Ombudsman issued in this year an investigation report on the complaint against three government departments for failing to curb the unauthorized extension of business area by a hawker stall, of the details of the follow-up actions taken by the said departments in respect of the investigation report?
Public Officer to reply : Secretary for Food and Health

*12. Hon Christopher CHUNG to ask: (Translation)


Regarding the management of public pleasure grounds (including leisure facilities) under the Leisure and Cultural Services Department ("LCSD"), will the Government inform this Council:
  • (a)given that section 20(1)(c) of the Pleasure Grounds Regulation (Cap. 132, sub. leg. BC) provides that "[n]o person shall, in any pleasure ground, sell, or offer or expose for sale, or let to hire, or offer or expose for letting to hire, any commodity or article, unless, in pursuance of an agreement with the Director or otherwise in exercise of any lawful right or privilege, such person is authorized to sell or let to hire in such pleasure ground such commodity or article", whether the "commodity or article" referred to in this provision includes fee-charging personal instructions or coaching services;

    (b)of the number of cases in which the hirers' rights to use the facilities were revoked due to their contravention of the Pleasure Grounds Regulation in the past three years;

    (c)of the measures currently taken by LCSD to prevent hirers from misusing pleasure grounds, and the details;

    (d)whether any decoy operations had been carried out in the past three years to detect misuse of pleasure grounds by hirers; if so, of the numbers of such operations and the cases involving contravention of the Regulation; if not, whether it will consider carrying out such operations; and

    (e)given that LCSD's current online electronic system for booking leisure facilities by the public is unable to show the whole-day booking situation of individual facilities, whether the authorities will consider enhancing the system to facilitate the public to get information about the time slots available for booking of leisure facilities more easily, so as to increase the utilization rates of facilities?
Public Officer to reply : Secretary for Home Affairs

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


As rare earth elements ("REEs") are widely used in electronic products such as mobile phone batteries and flat-panel televisions, etc., they have been praised as the "gold of industries". The Ministry of Industry and Information Technology has reportedly pointed out that, according to the statistics from the customs of overseas countries, the quantities of REEs imported from China from 2006 to 2008 were 35%, 59% and 36% respectively higher than the quantities exported based on the statistics from the customs of China; and the figure of last year from overseas customs was even 120% higher than that of China's customs. This reflects that the smuggling of REEs has been increasingly rampant, and the routes commonly taken are that REEs are smuggled to Hong Kong or Taiwan in containers, and then to countries such as Japan and Vietnam. In this connection, will the Government inform this Council:
  • (a)of the number of cases of REEs smuggling detected by the Customs and Excise Department (and the percentage of such number in the total number of cases of smuggling), the quantity and value of the REEs involved (and the percentage of such value in the total value of all smuggling cases), and the number of persons involved in these cases, in each of the past three years;

    (b)whether it has assessed if Hong Kong is a major transit point for REEs smuggling; if so, of the reasons for that; whether it has estimated the total quantity of REEs smuggled via Hong Kong last year; and

    (c)whether the authorities have faced any difficulties in combating REEs smuggling activities and whether they have collaborated with the Mainland customs in this regard; if there are difficulties, of the details; if they have collaborated with the Mainland customs, of the details; if they have not collaborated, the reasons for that; and how they will step up efforts in combating such smuggling activities?
Public Officer to reply : Secretary for Security

*14. Hon LEUNG Kwok-hung to ask: (Translation)


The Government has launched the Reporting Scheme for unauthorized building works ("UBWs") in New Territories village houses ("the Reporting Scheme"), under which the Buildings Department ("BD") will not require removal of registered eligible UBWs which have been subjected to safety inspection and certification. On the other hand, quite a number of members of the public have complained to me that after the media have uncovered the UBWs (including unauthorized garden trellises, basements, balconies, laundry racks and rooftop glasshouses, illegal structures made of tin plates, unauthorized enclosed balconies, and demolition of walls separating adjoining units without complying with the prescribed procedures) in some properties held by the Chief Executive ("CE"), some politically appointed officials and some Unofficial Members of the Executive Council ("ExCo") in the Kowloon and Hong Kong regions, BD has not taken law enforcement actions and instituted prosecutions vigorously. Members of the public feel a great repulsion towards the situation. In this connection, will the Government inform this Council:
  • (a)as the Reporting Scheme is not applicable to UBWs in the Kowloon and Hong Kong regions, why BD has not taken law enforcement actions vigorously against the aforesaid UBWs; and

    (b)whether the authorities will give this Council and the public a full account on how the Government has handled each of the UBW cases involving CE, politically appointed officials and Unofficial ExCo Members, including whether they have taken law enforcement actions and instituted prosecutions; if they have, when such actions were taken and of the relevant details; if not, the reasons for that; and if no account will be given, the reasons for that?
Public Officer to reply : Secretary for Development

*15. Hon Kenneth LEUNG to ask:


The use of dark liquidity for the trading of equities and the development of so-called dark pools and dark orders has increased as a result of greater efficiency in handling dark pool trading achieved through the use of new technology. Dark pools, as alternative trading platforms to public securities exchanges, allow financial institutions to trade large volume of shares, away from the eyes of the public, in anonymity and with lower trading fees. To increase the post-trade transparency of Hong Kong-listed securities executed in dark pools, The Stock Exchange of Hong Kong Limited introduced on 1 February 2011 a voluntary flagging requirement. According to the statistics of the Securities and Futures Commission of Hong Kong ("SFC"), trades executed in dark pools accounted for about 1.5% of the total turnover on the Hong Kong securities market from February 2011 to February 2012. In response to the growth in electronic trading activities, SFC issued a "Consultation paper on the regulation of electronic trading" in July 2012 for public consultation. In this connection, will the Government inform this Council:
  • (a)if it has taken an official stance on whether dark pool trading should be prohibited, regulated, or encouraged; if it has, of the details;

    (b)whether it knows when SFC will release the outcome and conclusions of the aforesaid consultation exercise; and

    (c)whether the authorities will consider introducing legislation to regulate dark pool trading with a view to increasing its transparency, preserving the integrity of the local stock market and giving better protection to retail investors; if they will, of the legislative timetable, and whether they will conduct a separate public consultation on the proposed legislation?
Public Officer to reply : Secretary for Financial Services and the Treasury

*16. Hon Charles Peter MOK to ask: (Translation)


The Government set up an Inter-departmental Working Group on Computer Related Crime in March 2000 to conduct a comprehensive review of the framework and environment within which law enforcement against computer crimes might be carried out. The Working Group made 57 improvement recommendations. In this connection, will the Government inform this Council:
  • (a)with regard to the recommendations made by the Working Group which were adopted by the Government, whether the authorities have regularly reviewed the effectiveness of the efforts made by the relevant government departments in implementing such recommendations; if so, of the review results;

    (b)with regard to the recommendations made by the Working Group which were not adopted by the Government, whether the authorities have taken any measures to address the relevant concerns raised by the Working Group; if so, of the details and effectiveness of such measures; and

    (c)given that the report of the Working Group was completed more than a decade ago, since then the Internet has become more and more popular and the relevant information technology has made rapid development, whether the authorities have any plans to set up an inter-departmental working group again to conduct a comprehensive review of the framework within which law enforcement against computer crimes may be carried out and the environment in which personal data and privacy on the Internet are protected; if so, of the work schedule; if not, the reasons for that?
Public Officer to reply : Secretary for Security

*17. Dr Hon Kenneth CHAN to ask: (Translation)


Regarding overseas duty visits conducted by politically appointed officials, will the Government inform this Council:
  • (a)of the details of the overseas duty visits conducted by various politically appointed officials since the inauguration of the incumbent Government (including the dates, purposes, destinations, itineraries, numbers and ranks of accompanying staff as well as the amounts of expenditure incurred); and

    (b)since some members of the public have relayed to me their concern that as certain politically appointed officials have conducted quite a number of overseas duty visits since their assumption of offices, they may have neglected their work in Hong Kong, whether the Government will comprehensively review the guidelines regarding overseas duty visits by politically appointed officials, so as to ensure that they conduct overseas visits only when necessary; if it will, of the details; if not, the reasons for that?
Public Officer to reply : The Chief Secretary for Administration

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


It has been reported that the Secretary for Education has indicated earlier that the Government will review its policies on higher education and early childhood education, implement three-year free early childhood education and increase the university cohort participation rate to one-third of the relevant age cohort in Hong Kong, and it is also expected that 15-year free education will be implemented by 2013 or 2014. The Chief Executive has also indicated in his election manifesto that "[w]e will provide free early childhood education. We will set up a working group under the Education Commission to work with stakeholders, including sponsoring bodies, principals, teachers and parents to formulate implementation details. We will also consider providing subsidies to child care centres and kindergartens towards their expenditure on teachers' salary" and that "[w]e will broaden the articulation pathways for secondary school graduates, including the provision of subsidy for attending universities on the Mainland, and more subsidized tertiary education opportunities (for both degree and diploma courses) and private university places in Hong Kong". In this connection, will the Government inform this Council:
  • (a)of the latest progress of the authorities' efforts in promoting free early childhood education; the progress in setting up the working group under the Education Commission; the authorities' initial proposal on the method and approach for implementing free early childhood education; the anticipated difficulties and technical problems which may be encountered; how they will improve the remuneration packages for kindergarten teachers and provide a stable environment for their development, so as to ensure that there will be well-qualified teaching staff to tie in with the implementation of free early childhood education; and the transitional arrangements and timetable for implementing free early childhood education; and

    (b)whether, apart from students enrolled in undergraduate programmes, the number of students enrolled in other post-secondary programmes (e.g. sub-degree programmes) have been taken into account in calculating the current university cohort participation rate; if so, of a breakdown by type of programmes; of the specific methods to be used by the authorities to increase the university cohort participation rate in Hong Kong and the scope concerned; the respective percentages of first-year first-degree places and senior year articulation places provided for sub-degree holders in the number of additional subsidized places; whether the authorities will set a target for increasing the percentage of local students enrolling in subsidized undergraduate programmes; whether the authorities will conduct a review to see if measures to increase university places will give rise to or exacerbate problems of over-enrolment of students and variations in quality among some of the sub-degree programmes and self-financing post-secondary programmes, and how they will step up regulation to prevent such problems?
Public Officer to reply : Secretary for Education

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


In reply to my question on 2 November 2011 on the issue of telecommunications service operators ("TSOs") overcharging service fees, the Government said that when there was evidence indicating that a TSO might have breached the Telecommunications Ordinance (Cap. 106) or the licensing conditions, the Office of the Telecommunications Authority ("OFTA") (replaced by the Office of the Communications Authority ("OFCA") since 1 April 2012) would carry out an investigation and penalize the TSO if the case was substantiated. Yet, I have still received complaints recently from a number of members of the public that TSOs had charged them for services that they had not applied for, or overcharged telecommunications service fees, thus causing them to suffer huge losses. In this connection, will the Government inform this Council:
  • (a)whether it knows the numbers of complaints received in the past 12 months by the former OFTA/OFCA and the Consumer Council respectively, which involved overcharging by TSOs and the names of TSOs in substantiated cases, broken down by type of telecommunications services (e.g. fixed-line phones, mobile phones, external telecommunications and broadband Internet access, etc.) and nature of the complaints;

    (b)whether it knows, among the cases in (a), the number of those in which the complainants succeeded in getting compensation, as well as the names of TSOs which were prosecuted and the number of times such TSOs had been prosecuted; and

    (c)apart from continuing to implement the existing measures to regulate TSOs, whether the authorities will adopt new regulatory measures to better protect consumers' interests; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

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


The Government announced on 26 October 2012 the launching of further measures to address the overheated property market. Such measures include the introduction of a Buyer's Stamp Duty ("BSD") under which all companies and non-Hong Kong permanent residents acquiring residential properties are required to pay a tax of an amount equivalent to 15% of the prices of the properties. The Government has explained that BSD applies to all companies and exemption cannot be granted because it is difficult to plug the loophole that the duty may be evaded by effecting property transactions through the transfer of shares. However, some people from the legal sector have suggested that the authorities may exempt those companies registered in Hong Kong whose shareholders are all Hong Kong permanent residents ("HKPRs") from paying BSD on the conditions that all shareholders of the company concerned have made a statutory declaration to confirm that they hold the full beneficiary interest of the shares under their names (and the making of false declaration entails criminal liabilities), and an undertaking that they will not transfer any shares within certain years from the company concerned being exempted from paying BSD, reneging which the transferor and the transferee are required to render a make-up payment for BSD immediately. In this connection, will the Government inform this Council:
  • (a)whether the Government will consider the aforesaid suggestion to exempt those eligible Hong Kong-registered companies from paying BSD; if it will, of the details; if not, the reasons for that;

    (b)as the Government has indicated that the aforesaid measure is "an extraordinary measure introduced under exceptional circumstances" and it will consider cancelling the measure after "the demand-supply situation of the property market has regained its balance", whether the Government has specific criteria for evaluating if the property market has reached the state in which "the demand-supply situation has regained its balance"; if it has, of the details; if not, the reasons for that;

    (c)how the Government determined that BSD should be set at the level of 15% of the prices of properties;

    (d)as the information of the Land Registry shows that there were 71 012 residential property transactions in the first 10 months of 2012, whether the Government has assessed the impact of BSD on the number of transactions and prices of residential properties; if it has, of the details; if not, the reasons for that;

    (e)whether it has, prior to introducing BSD, assessed how this duty will affect the number of cases of foreign investors making investments in Hong Kong; if it has, of the details; if not, the reasons for that;

    (f)as the Government expects that the aforesaid measures will enable the residential property market to "accord priority to meeting the housing needs of HKPRs", whether the Government has assessed the number of HKPRs who will be benefited from the implementation of BSD and acquire residential properties; if it has, of the details; if not, the reasons for that;

    (g)whether the Government has considered exempting charities, non-profit-making organizations and public organizations from paying BSD for acquisition of residential properties; if it has, of the details; if not, the reasons for that;

    (h)as the Government has indicated that it has arranged to meet with the consuls of various countries in Hong Kong, the Law Society of Hong Kong, the Real Estate Developers' Association of Hong Kong, the Estate Agents Authority, the estate agency trade, as well as local and foreign chambers of commerce, etc. to brief them on the new measures, of a name list of the persons whom the Government has met, together with the dates of the meetings; if it cannot provide such information, the reasons for that; whether those persons have expressed support for the Government's implementation of BSD; if they have, of the details; if not, the reasons for that;

    (i)whether it has assessed the impact of BSD on the employment and income of estate agents and staff in the mortgage departments of banks; if it has, of the details; if not, the reasons for that; and

    (j)as the Secretary for Financial Services and the Treasury indicated in the reply to a Member's question at the Legislative Council meeting of 14 November this year that the Hong Kong Monetary Authority ("HKMA") was aware that more funds may flow to the purchase of vehicle parking spaces or non-residential properties after the introduction of BSD, and HKMA would thus give "reminders" to banks, and the banks would also take measures to offer loans under stringent loan-to-value ratios to those investing in vehicle parking spaces so that the overall macroscopic risks might be lowered, whether the Government has assessed if this remark will cause banks to tighten up their vetting and approval of mortgage applications for residential properties; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

* For written reply

III. Motions



1. Proposed resolution under the Criminal Procedure Ordinance

The Chief Secretary for Administration to move the following motion:

Resolved that the Criminal Procedure (Witnesses' Allowances) (Amendment) Rules 2012, made by the Criminal Procedure Rules Committee on 26 October 2012, be approved.

(The Rules are in Appendix I and were also issued
on 9 November 2012 under LC Paper No. CB(3)129/12-13)

2. Proposed resolution under the Coroners Ordinance

The Chief Secretary for Administration to move the following motion:

Resolved that the Coroners (Witnesses' Allowances) (Amendment) Rules 2012, made by the Chief Justice on 25 October 2012, be approved.

(The Rules are in Appendix II and were also issued
on 9 November 2012 under LC Paper No. CB(3)130/12-13)

IV. Members' Motions



1. Motion under Rule 49E(2) of the Rules of Procedure

Hon Ronny TONG to move the following motion:

That this Council takes note of Report No. 5/12-13 of the House Committee laid on the Table of the Council on 28 November 2012 in relation to the subsidiary legislation and instrument(s) as listed below:

Item Number Title of Subsidiary Legislation or Instrument
(1)Legal Aid (Amendment) Regulation 2012 (L.N. 145/2012)
(2)Legal Aid (Assessment of Resources and Contributions) (Amendment) Regulation 2012 (L.N. 146/2012)
(3)Legal Aid Ordinance –– Resolution of the Legislative Council (Commencement) Notice (L.N. 148/2012).

Public Officer to attend : Secretary for Home Affairs

2. Caring about the education, employment, housing, home acquisition and business start-up problems faced by young people

Hon CHAN Hak-kan to move the following motion: (Translation)

That young people are the future pillars of society, but in the face of globalization and the rapid development of neighbouring regions, Hong Kong young people not only face many challenges during their growth, but also lack upward mobility opportunities, and their aspirations are particularly salient in respect of education, employment, housing, home acquisition and business start-up; however, the Government currently does not formulate any comprehensive support measures mainly targeted at young people to assist them in concentrating on education, establishing career, and resolving the problems of housing and business start-up, thus causing problems such as mismatch of manpower resources, high youth unemployment rate and accumulation of social grievances, which are not conducive to the long-term development of Hong Kong society; in this connection, this Council urges the Government to care about young people's needs; the specific measures should include:

Education -

(a)to increase the places for publicly-funded bachelor's degree programmes and various types of diploma programmes, and enhance the qualification recognition of the Hong Kong Diploma of Secondary Education Examination, sub-degrees and the Yi Jin Diploma in Hong Kong, the Mainland and the international community, so as to widen young people's pathways of further studies;

(b)to comprehensively review the assistance as well as loans and repayment arrangements under the various existing student finance schemes, abolish the risk rate, set an interest rate ceiling for the Non-means Tested Loan Scheme at 2.5%, and replace the means-tested loans with interest-free loans;

(c)to comprehensively review the Continuing Education Fund Scheme, raise the cap on the amount of subsidy receivable by each applicant to $20,000, and extend the period of four years within which applicants must submit all claims as required by the scheme, etc., so as to encourage young people to pursue continuous education;

Employment -

(d)to review the employment training support services for young people, enhance the existing Youth Pre-employment Training Programme and Youth Work Experience and Training Scheme, and raise the level of the relevant subsidies to $3,000, so as to attract the participation of more employers to provide more employment and training opportunities suitable for young people in the market;

(e)to set up more 'Youth Employment Start' ('Y.E.S.') resource centres throughout Hong Kong, strengthen the training targeted at young people, enhance their employment skills, and provide one-stop employment counselling;

(f)to promote the commencement of 'career planning' at the stage of secondary education, so as to enable secondary students to make better planning for their future career development;

(g)to motivate employers to provide employees with 'training leave', including offering tax concessions to such employers, so as to facilitate working young people to pursue studies and acquire professional qualifications by examination;

(h)to co-operate with public and private organizations and enterprises to encourage the employment of young people with less working experience and share with them the relevant salary payments, so as to increase young people's chances of securing employment;

Housing and home acquisition -

(i)to build more public rental housing ('PRH') flats, and review the existing eligibility criteria for applying for PRH, so as to formulate a more reasonable and fairer method for waiting for and allocation of PRH for young people;

(j)to construct at least 5 000 Home Ownership Scheme flats each year, re-launch the Sandwich Class Housing Scheme, and ensure the annual provision of 20 000 private residential flats, so as to build an integrated housing ladder for people;

(k)on the premise of having an adequate supply of private housing, to conduct a study on re-launching the Home Starter Loan Scheme focusing on young people with relatively stable financial income;

Business start-up -

(l)to establish a start-up fund for young people, so as to provide loans to young people who have business start-up plans but lack the capital; and

(m)to offer 'business start-up training programmes' for the provision of the necessary business start-up knowledge, so as to assist young people in devising and implementing their business start-up plans.

Amendments to the motion
(i)Hon KWOK Wai-keung to move the following amendment: (Translation)

To add ", it is well known that" after "That"; to add "in 2016, students under the new and old academic structures will graduate at the same time, and a large number of graduates will then join the employment market, causing an impact;" after "acquisition and business start-up;"; to delete "abolish" after "student finance schemes," and substitute with "including abolishing"; to delete ", set" after "the risk rate" and substitute with "; setting"; to delete "replace" after "at 2.5%, and" and substitute with "waiving the interest accrued during students' study periods; replacing"; to add "; allowing tax deduction on repayment amounts of university education loans; studying the feasibility of allowing local students to apply for student loans for further education overseas; and increasing the amount of grant for tertiary students" after "interest-free loans"; to delete "$20,000, and" after "each applicant to" and substitute with "$40,000,"; to add "to 10 years, and abolish the restriction on applicants to make a maximum of four reimbursement claims" after "by the scheme"; to add "(d) to strengthen vocational education for students of post-secondary and tertiary institutions, so that young people can identify as early as possible their objectives concerning career prospects, and lay a good foundation for upward mobility; (e) to increase the number of internship places in Hong Kong and overseas for students of the various tertiary institutions; (f) to increase the number of student hostels in various tertiary institutions for cultivating students' skills of interpersonal communication and companionship as well as co-operative abilities; (g) to strengthen the manning ratio of student guidance personnel in secondary schools and tertiary institutions, so as to assist young people in facing problems on education, family, making friends and career prospects, etc.;" after "continuous education;"; to delete the original "(d)" and substitute with "(h)"; to delete "the employment training support services for young people, enhance the existing Youth Pre-employment Training Programme and Youth Work Experience and Training Scheme, and raise the level of the relevant subsidies" after "to review" and substitute with "and consolidate the various existing training programmes for youngsters, such as the Youth Pre-employment Training Programme and Youth Work Experience and Training Scheme ('YPTP & YWETS'), the Yi Jin Diploma programme and the Teen's Programme, etc.; and before completing the review, to raise the level of the subsidies under YPTP & YWETS"; to delete the original "(e)" and substitute with "(i)"; to add "(j) to enhance the practicability and effectiveness of the training and employment support structure for young people, and assist young people in joining industries which need new blood, such as the construction industry, transport industry and shipping industry;" after "one-stop employment counselling;"; to delete the original "(f)" and substitute with "(k)"; to delete the original "(g)" and substitute with "(l)"; to delete "motivate employers to provide employees with 'training leave'" before ", including offering" and substitute with "conduct a study on enacting legislation to require an annual three-day paid training leave for all working persons in Hong Kong"; to delete the original "(h)" and substitute with "(m)"; to add "(n) to proactively approach long-term unemployed young people and hidden youths, and provide career counselling and support to them; (o) to extend and consolidate the various similar apprenticeship schemes, such as the Technician Apprenticeship (Traineeship) Training Scheme, Modern Apprenticeship Scheme as well as Beauty Care and Hairdressing Traineeship Scheme; (p) to subsidize young people from low-income families, particularly grass-root South Asian young people, to attend self-enrichment courses, so as to enhance their competitiveness in choosing career; (q) to adopt diversified methods and various concessionary measures to attract non-local enterprises to come to Hong Kong for making investment, and establishing new and emerging enterprises or industrial/commercial businesses, so as to create more jobs for Hong Kong and increase the employment and promotion opportunities for young people;" after "securing employment;"; to delete the original "(i)" and substitute with "(r)"; to delete "build more public rental housing ('PRH') flats" before ", and review" and substitute with "increase the annual production of public rental housing ('PRH') to 30 000 units or more"; to add "including studying the reasons for young people to apply for PRH as well as the required waiting time and allocation situation," after "applying for PRH,"; to add "; and at the same time to put forward measures, such as raising the household income ceiling and abolishing the well-off tenants policy, so as to encourage young people to live with their parents" after "PRH for young people"; to delete the original "(j)" and substitute with "(s)"; to delete the original "(k)" and substitute with "(t)"; to delete the original "(l)" and substitute with "(u)"; and to delete the original "(m)" and substitute with "(v)".

(ii)Hon CHEUNG Kwok-che to move the following amendment: (Translation)

To add ", given that" after "That"; to add ", the overly monotonous mode of the local economy" after "face of globalization"; to add "and set up a coordinating department responsible for youth affairs" after "mainly targeted at young people"; to add ", and fails to increase their social participation" after "housing and business start-up" to add "(a) to study the implementation of 19-year free education, including pre-primary education, so as to remove the obstacles to further education encountered by young people due to the lack of pre-primary education;" after "Education -"; to delete the original "(a)" and substitute with "(b)"; to delete "and" after "bachelor's degree programmes" and substitute with ", top-up degree programmes,"; to add "and sub-degree" after "types of diploma"; to delete the original "(b)" and substitute with "(c)"; to delete "to comprehensively review" before "the assistance" and substitute with "to review every three years"; to delete ", and" after "at 2.5%" and substitute with ", change the time to commence calculating interests under the Non-means Tested Loan Scheme to after borrowers' graduation,"; to add ", and shelve the study on adopting a credit information database" after "interest-free loans"; to delete the original "(c)" and substitute with "(d)"; to add "(e) to immediately alter the Social Welfare Department's requirement under which tertiary students with financial difficulties may only apply to the Student Financial Assistance Agency for the living expenses loan, and allow them to choose to apply for either the living expenses loan or Comprehensive Social Security Assistance to cope with the financial problems arising from their studies;" after "continuous education;"; to delete the original "(d)" and substitute with "(f)"; to delete the original "(e)" and substitute with "(g)"; to delete the original "(f)" and substitute with "(h)"; to delete the original "(g)" and substitute with "(i)"; to delete the original "(h)" and substitute with "(j)"; to add "(k) to amend the applicability of the Minimum Wage Ordinance to cover university student interns who work less than 59 days; (l) to make permanent the existing 3 000 Programme Worker posts created for young people;" after "securing employment;"; to delete the original "(i)" and substitute with "(m)"; to add "small" after "to build more"; to add ", such as raising the income ceiling and asset limits for PRH application, increasing the quota for singletons, improving the Quota and Points System and relaxing the definition of families eligible for PRH" after "applying for PRH"; to delete the original "(j)" and substitute with "(n)"; to delete the original "(k)" and substitute with "(o)"; to delete the original "(l)" and substitute with "(p)"; to delete "and" after "lack the capital;"; to delete the original "(m)" and substitute with "(q)"; and to add "; Social participation - (r) when formulating policies pertaining to young people, to step up online collection of young people's opinions and increase the channels of participation for them; (s) to conduct a study on arranging automatic registration for Hong Kong permanent residents aged 18 or above as electors, so as to encourage young people to participate in society and express their voices through the casting of votes" immediately before the full stop.

(iii)Hon CHAN Yuen-han to move the following amendment: (Translation)

To add ", given that" after "That"; to delete "$20,000, and" after "each applicant to" and substitute with "$40,000,"; to add "to 10 years, and abolish the restriction on applicants to make a maximum of four reimbursement claims" after "by the scheme"; to delete "motivate employers to provide employees with 'training leave'" after "development; (g) to" and substitute with "conduct a study on enacting legislation to require an annual three-day paid training leave for all working persons in Hong Kong"; to add "(l) as it is noticed that quite a number of industrial building revitalization projects have been transformed into real estate and hotel projects, forcing many art workers stationed in such buildings to leave, the authorities must, while balancing housing and tourism needs, also have regard to preserving room for young people's work in cultural and creative industries by, for example, requiring property owners, when applying for industrial building revitalization, to reserve 20% of their premises as lower-rent areas for renting to young people who strive for development in the fields of creativity, culture and arts, etc.; (m) to set up creative industry parks in various districts for the provision of studios with stable rents and long-term tenancy agreements to young people who aspire to a career in creativity, culture and arts; (n) to set up a handicraft apprenticeship training scheme, and having regard to the local cultural features of various districts, to reserve land or certain buildings under conservation and relax the land use restrictions on vacant sites, so as to train young people for engaging in work on creativity or with traditional characteristics, such as arts fairs, music performances, dragon boat training and fireworks production, etc.;" after "Business start-up -"; to delete the original "(l)" and substitute with "(o)"; to delete "and" after "lack the capital;" and substitute with "(p) to increase the budget for arts, and raise the annual estimates for Hong Kong Arts Development Council, the Leisure and Cultural Services Department and major performing arts groups for creating additional placements, so as to provide young art workers with more placement opportunities; and"; to delete the original "(m)" and substitute with "(q)"; and to add ", and to set up a dedicated fund under the Film Development Fund to provide subsidies to young directors" immediately before the full stop.

(iv)Dr Hon Kenneth CHAN to move the following amendment: (Translation)

To add ", in recent years, youth issues have aroused increasing concern in society, and many people in the community are worried about the development of the next generation;" after "That"; to delete "upward mobility" after "but also lack"; to add "for upward mobility and participation in social affairs" before ", and their aspirations"; to add "(including top-up degree programmes for sub-degree programmes)" after "bachelor's degree programmes"; to delete "and" after "at 2.5%,"; to add ", and allow the commencement of calculation of interest only after borrowers' graduation" after "interest-free loans"; to add "; and at the same time, to enhance the regulation of programmes eligible for subsidies" after "continuous education"; to add "('YPTP & YWETS')" after "Training Scheme"; to add "at the same time, to implement the recommendations for improvement on YPTP & YWETS in Chapter 10 of the Director of Audit's Report No. 59;" after "in the market;"; to add "and at the same time to implement the relevant recommendations for improvement in Chapter 10 of the Director of Audit's Report No. 59 to" after "throughout Hong Kong,"; to delete "," after "training targeted at young people" and substitute with "and"; to delete "and" after "housing ('PRH') flats,"; to add "and raise the existing income limits for PRH applicants," after "applying for PRH,"; to delete "re-launch the Sandwich Class Housing Scheme, and" after "flats each year,"; to delete "so as to" after "private residential flats," and substitute with "including a certain quantity of 'flats with limited floor areas' to provide young people with home acquisition opportunities, and"; to add "(l) to raise the requirements of the ad valorem stamp duty for the consideration of a transaction, so as to reduce the financial burden on young people who are first-time home buyers;" after "stable financial income;"; to delete the original "(l)" and substitute with "(m)"; to delete the original "(m)" and substitute with "(n)"; and to add "Social participation - (o) to convene youth summits annually for conducting comprehensive discussions on the education, employment, housing and other problems faced by young people; (p) to set indicators for the ratio of youth participation in statutory and advisory bodies, so as to enable young people to participate more in the process of formulating policies in various respects; and (q) to comprehensively review the functions and composition of the Commission on Youth, so as to enable the Commission to better promote policies pertaining to young people in various respects" immediately before the full stop.

(v)Dr Hon Helena WONG to move the following amendment: (Translation)

To add ", given that" after "That"; to delete "in the face of globalization and the rapid development of neighbouring regions," after "of society, but" and substitute with "deep-rooted conflicts have long existed in Hong Kong, including the absence of a democratic system, inability of people to effectively monitor the government returned by small-circle election, lopsided policies towards the establishment as well as industrial and commercial interests, failure to reasonably distribute social resources through a democratic system and fair mechanism, and usual lack of genuine consultation and public engagement in the process of formulating public policies, leading to the expansion of developer hegemony and polarization between the rich and the poor, which make"; to delete "not only face many challenges during their growth, but also" after "Hong Kong young people"; to add "(d) to reserve a sufficient number of Master of Philosophy and Doctor of Philosophy programme places in graduate schools for local university graduates, so as to provide them with opportunities for further study and nurture local academic research talents;" after "continuous education;"; 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 the original "(g)" and substitute with "(h)"; to delete the original "(h)" and substitute with "(i)"; to delete the original "(i)" and substitute with "(j)"; to delete the original "(j)" and substitute with "(k)"; to delete the original "(k)" and substitute with "(l)"; to delete the original "(l)" and substitute with "(m)"; and to delete the original "(m)" and substitute with "(n)".

(vi)Hon Jeffrey LAM to move the following amendment: (Translation)

To add "Hong Kong" after "future pillars of"; to delete "Government currently does not formulate any" after "start-up; however, the" and substitute with "Government's current"; to add "are still inadequate" after "mainly targeted at young people"; to add ", decline in young people's competitiveness" after "youth unemployment rate"; to delete ", abolish the risk rate, set an interest rate ceiling for the Non-means Tested Loan Scheme at 2.5%, and replace the means-tested loans with interest-free loans" after "student finance schemes"; to delete "to $20,000" after "by each applicant"; to delete "to $3,000" after "the relevant subsidies"; to delete "construct at least 5 000 Home Ownership Scheme flats each year, re-launch the Sandwich Class Housing Scheme, and ensure the annual provision of 20 000 private residential flats" after "people; (j) to" and substitute with "relax the income ceiling for Home Ownership Scheme ('HOS') applications and speed up the turnover in the HOS secondary market"; to delete "(k) on the premise of having an adequate supply of private housing, to conduct a study on re-launching the Home Starter Loan Scheme focusing on young people with relatively stable financial income;" after "ladder for people;"; to delete the original "(l)" and substitute with "(k)"; to delete "and" after "lack the capital;"; to delete the original "(m)" and substitute with "(l)"; and to add "; and (m) to establish a seed fund with government capital injection, set up 'young entrepreneur parks', and provide comprehensive and professional support networks for young people intending to start up their businesses, so as to assist them in upgrading their business start-up capability" immediately before the full stop.

(vii)Hon Charles Peter MOK to move the following amendment: (Translation)

To delete "and their aspirations are particularly salient in respect of education, employment, housing, home acquisition and business start-up; however, the Government currently does not formulate any comprehensive support measures mainly targeted at young people to assist them in concentrating on education, establishing career, and resolving the problems of housing and business start-up, thus causing problems such as mismatch of manpower resources, high youth unemployment rate and accumulation of social grievances, which are" after "upward mobility opportunities," and substitute with "which is"; to delete "care about young people's needs; the specific measures should include" after "the Government to" and substitute with "introduce specific measures to enhance young people's competitiveness, including"; to delete "employment and" after "to provide more"; to delete "suitable" after "training opportunities"; to delete "in the market" before "; (e)"; to delete "(h) to co-operate with public and private organizations and enterprises to encourage the employment of young people with less working experience and share with them the relevant salary payments, so as to increase young people's chances of securing employment; Housing and home acquisition - (i) to build more public rental housing ('PRH') flats, and review the existing eligibility criteria for applying for PRH, so as to formulate a more reasonable and fairer method for waiting for and allocation of PRH for young people; (j) to construct at least 5 000 Home Ownership Scheme flats each year, re-launch the Sandwich Class Housing Scheme, and ensure the annual provision of 20 000 private residential flats, so as to build an integrated housing ladder for people; (k) on the premise of having an adequate supply of private housing, to conduct a study on re-launching the Home Starter Loan Scheme focusing on young people with relatively stable financial income;" after "qualifications by examination;"; to delete the original "(l)" and substitute with "(h)"; to add ", implement projects conducive to nurturing young people's creativity and" after "fund for young people"; to add "creative" after "people who have"; to add "and the ability" before "but lack the capital"; and to delete the original "(m)" and substitute with "(i)".

(viii)Hon IP Kin-yuen to move the following amendment: (Translation)

To delete "the places for publicly-funded bachelor's degree programmes" after "(a) to increase"; and substitute with "publicly-funded first-year undergraduate places, publicly-funded senior year undergraduate articulated places as well as publicly-funded sub-degree programme places"; to add "(b) to review the impact of subsidized tertiary institutions admitting mainland students on local students' opportunities of enrollment to programmes of bachelor degrees, master degrees and doctoral degrees;" after "of further studies;"; to delete the original "(b)" and substitute with "(c)"; to add "waive the accrual of interest during study periods," after "at 2.5%,"; to delete the original "(c)" and substitute with "(d)"; to add "; and enhance the monitoring of the Scheme to avoid wasting public money" after "continuous education"; to add "(e) to provide resources to schools for offering non-academic students quality practical courses or skills training programmes with articulation channels as another pathway under the new academic structure; (f) to comprehensively review the policy on university hostel places, expand campus boundaries for constructing additional campus buildings and hostels, so as to cope with the needs of university students; (g) to increase the subsidies for evening schools to encourage young people to pursue lifelong learning;" before "Employment -"; to delete the original "(d)" and substitute with "(h)"; to delete the original "(e)" and substitute with "(i)"; to delete the original "(f)" and substitute with "(j)"; to delete the original "(g)" and substitute with "(k)"; to delete the original "(h)" and substitute with "(l)"; to delete the original "(i)" and substitute with "(m)"; to delete the original "(j)" and substitute with "(n)"; to delete the original "(k)" and substitute with "(o)"; to delete the original "(l)" and substitute with "(p)"; and to delete the original "(m)" and substitute with "(q)".

Public Officers to attend : Secretary for Transport and Housing
Secretary for Labour and Welfare
Secretary for Education

3. Domestic free television programme service licence applications

Hon Claudia MO to move the following motion: (Translation)

That the progress of vetting the three applications for domestic free television programme service licences ('free TV licences') has always been of major concern to the society, but the Government has all along been indecisive about the applications, suggesting that there are unspeakable reasons which make people worry that political factors are involved; in this connection, this Council puts forward the following views and recommendations, and urges the relevant authorities to respond positively, including:

(a)given that the Government has been promoting a pluralistic and open society and the Chief Executive has emphasized time and again his intention of doing real work, but on the applications for free TV licences, the Government has adopted a stalling tactic and has not made a decision after almost three years, this Council therefore requests the Government to undertake to issue additional free TV licences before the end of this year;

(b)given that in Hong Kong a considerable number of young people enroll in courses relating to television production, but due to the limited size of the free television market, they can hardly pursue their ambitions after graduation, and the granting of additional free TV licences can increase employment opportunities for these young people and facilitate the development of creative media, the Government should proactively dovetail with the relevant policies and measures; and

(c)given that a free television broadcaster which has kept airing reruns to fill up air time allegedly contravenes its undertaking on producing local programmes, the Government should make the vetting process of free TV licence applications open and transparent to dispel public misgivings, and keep pace with the times by updating the relevant broadcasting ordinances and codes of practice.

Amendments to the motion
(i)Ir Dr Hon LO Wai-kwok to move the following amendment: (Translation)

To add ", given that" after "That"; to delete "all along been indecisive about the applications, suggesting that there are unspeakable reasons which make people worry that political factors are involved; in this connection" after "but the Government has" and substitute with "not yet announced the application results, causing various speculations in society; in order to give the local free television industry a business environment for fair competition and sustainable development"; to delete "given that" after "(a)" and substitute with "as"; to delete "and the Chief Executive has emphasized time and again his intention of doing real work" after "open society"; to delete "the Government has adopted a stalling tactic and" after "applications for free TV licences," and substitute with "it"; to delete "this year" after "before the end of" and substitute with "March next year and issue the licences as soon as possible"; to delete "given that" after "(b)" and substitute with "as the cultural and creative industry is one of the six industries where Hong Kong enjoys clear advantages, and"; to delete "courses relating to television production, but due to the limited size of the free television market, they can hardly pursue their ambitions after graduation, and the granting of additional free TV licences can" after "young people enroll in" and substitute with "relevant multi-media courses, in order to"; to delete "dovetail with" after "Government should proactively" and substitute with "formulate"; to delete "given that a free television broadcaster which has kept airing reruns to fill up air time allegedly contravenes its undertaking on producing local programmes," after "(c)"; to delete ", and keep pace with the times by updating" after "public misgivings" and substitute with ";"; and to add "should keep pace with the times and, on a fair and equal basis, apply across the board to existing free TV licensees and operators joining the competition in the future" immediately before the full stop.

(ii)Hon SIN Chung-kai to move the following amendment: (Translation)

To add ", considering that" after "That"; to delete "; in this connection" after "political factors are involved"; to delete "and" after "policies and measures;"; and to add "; and (d) before the licences of the existing two free television broadcasters expire in November 2015, the authorities should conduct a study on putting up the broadcasters' exclusive spectra for public auction as early as possible, so as to allow applicants intending to apply for free TV licences to bid for the licence for broadcasting business through auction proceedings" immediately before the full stop.

(iii)Hon Gary FAN to move the following amendment: (Translation)

To delete "the progress of" after "That" and substitute with "as early as the first half of 2011, the Broadcasting Authority (the predecessor of the Communications Authority) had already finished"; to add ", and submitted them to the Chief Executive in Council for consideration; the progress of vetting such applications" after "('free TV licences')"; to add "; as the Secretary for Commerce and Economic Development, Gregory SO, has unshirkable responsibility in this regard, this Council expresses regret at the Secretary's performance in handling the aforesaid licence applications" after "political factors are involved"; to delete "and" after "policies and measures;"; to add "and the lack of competition has resulted in monotonous television programmes," after "producing local programmes,"; and to add "; and (d) given that the two free television broadcasters have recently produced television programmes, placed advertisements in newspapers and used other public relations tactics to oppose the applications for free TV licences, this Council requests the Government to give an account on whether the relevant television programmes have violated the 'accuracy, impartiality and fairness' requirements and the requirement that licensees of free television broadcasters 'must ensure that due impartiality is preserved as respects news programmes and any factual programmes ... ' as set out in Chapter 9 of the Generic Code of Practice on Television Programme Standards, and whether the performance of the television broadcasters concerned may affect the vetting of the existing applications for free TV licences" immediately before the full stop.

(iv)Hon Emily LAU to move the following amendment: (Translation)

To add "this Council urges the Communications Authority to conduct a hearing under section 31 of the Broadcasting Ordinance to investigate whether the television broadcaster concerned has contravened any licence condition and the relevant Code of Practice, and if so, consider suspending its licence;" after "producing local programmes,".

Public Officer to attend : Secretary for Commerce and Economic Development

4. Motion for the adjournment of the Council under Rule 16(4) of the Rules of Procedure

Hon Alan LEONG to move the following motion: (Translation)

That this Council do now adjourn for the purpose of debating the following issue: the arrangement for leave of absence of Mr Franklin LAM Fan-keung, Member of the Executive Council.

Public Officer to attend : The Chief Secretary for Administration

Clerk to the Legislative Council