A 14/15-16

Legislative Council

Agenda

Wednesday 4 February 2015 at 11:00 am

I. Tabling of Papers



Subsidiary Legislation / InstrumentsL.N. No.
1.Dutiable Commodities (Liquor) (Amendment) Regulation 201520/2015
2.Dutiable Commodities (Liquor Licences) (Fees) (Amendment) Regulation 201521/2015
3.Dutiable Commodities (Amendment) Regulation 201522/2015
4.Land Survey (Fees) (Amendment) Regulation 201523/2015
5.Registration of Copyright Licensing Bodies (Amendment) Regulation 201524/2015
6.Trade Marks (Amendment) Rules 201525/2015
7.Registered Designs (Amendment) Rules 201526/2015
8.Import and Export (Strategic Commodities) Regulations (Amendment of Schedule 1) Order 201527/2015
9.Port Control (Public Cargo Working Area) Order 201528/2015

Other Papers

1.No. 65-Government Flying Service Welfare Fund
Report by the Controller, Government Flying Service on the Administration of the Fund and Financial Statements for the year ended 31 March 2014
(to be presented by Secretary for Security)

2.Report No. 11/14-15 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Andrew LEUNG, Chairman of the House Committee)

IIA. Questions under Rule 24(4) of the Rules of Procedure



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


It has been reported that the influenza epidemic in Hong Kong since the onset of the winter influenza season at the end of last year has been more severe than previous years. As of the end of last month, there were already 81 influenza-associated deaths and one of the deceased was a young person aged only 38. However, some members of the public have pointed out that they are unable to obtain the latest information on the epidemic on a daily basis through government channels at present and the ineffective flow of epidemic-related information is not conducive to containing the epidemic. In this connection, will the Government inform this Council:
  • (1)whether the Government will immediately strengthen the existing work relating to the dissemination of information on the influenza epidemic, including daily publication of information on the situation of various relevant target services provided by public hospitals and data on the influenza epidemic (including the number of influenza-associated hospitalizations that require admission to the intensive care units and the number of deaths, etc.) through press releases and government web sites during the peak of the influenza season;

    (2)given that the vaccine targeting the H3N2 Switzerland influenza strain will only be available in sufficient numbers in March or April this year, whether the authorities have put in place immediate measures to ensure that prior to the supply of the vaccine in sufficient numbers, there are sufficient resources in public hospitals (such as the general wards, accident and emergency departments, infectious disease wards, intensive care units, extracorporeal membrane oxygenation machines, etc.) to cope with a major outbreak of influenza; if so, of the details of the various measures and the manpower and other resources involved; if not, whether they will immediately formulate such measures; and

    (3)whether it has formulated other contingency measures for coping with a major outbreak of influenza, such as the introduction of preventive measures at community level, the formulation of clinical and medication guidelines for treating influenza patients and the implementation of class suspension arrangements at schools, etc.; if so, of the details of such measures; if not, whether it will immediately formulate such measures?
Public Officer to reply : Secretary for Food and Health

2. Hon Cyd HO to ask: (Translation)


Since the beginning of 2015, influenza has been rampant in Hong Kong, with 122 cases of influenza associated admissions to intensive care units or death in January, in which 64 were fatal. The severity of the epidemic sets to rival that of the Severe Acute Respiratory Syndrome outbreak in 2003. The Secretary for Food and Health said a few days ago that the vaccine this year had had a lower protection rate, while the vaccine targeting the H3N2 Switzerland influenza strain would be available in sufficient numbers only by March and April this year the earliest. Given the warning by Professor YUEN Kwok-yung, Chair Professor of the Department of Microbiology of the University of Hong Kong, that the influenza virus has undergone reassortment, will the Government inform this Council of the immediate measures in place or solutions available to cope with the situation in which the aforesaid newly produced vaccine becomes ineffective due to a new round of reassortment of the virus, so as to ensure that there will be a sufficient supply of effective vaccine for public vaccination at that time?

Public Officer to reply : Secretary for Food and Health

3. Hon Andrew LEUNG to ask: (Translation)


Seasonal influenza is raging in Hong Kong, resulting in a death toll of dozens in a month, including some young and healthy people. It has been reported that there have been successive institutional outbreaks of influenza in a number of schools, and the medical wards of public hospitals are grossly overloaded amid a worsening trend of rampant influenza epidemic. Given the lower protection rate of the influenza vaccine being used this year and the new vaccine is expected to be available in sufficient numbers only by March or April, will the Government inform this Council of the immediate measures in place to prevent influenza from spreading in densely populated places (such as immigration control points before and after the Lunar New Year) and in institutions?

Public Officer to reply : Secretary for Food and Health

II. Questions



1. Dr Hon Helena WONG to ask: (Translation)


Some food safety concern groups have relayed to me that the standards for maximum permitted concentration of certain metals present in specified foods under the Food Adulteration (Metallic Contamination) Regulations ("the Regulations") are outdated and far laxer than the relevant standards set by the Codex Alimentarius Commission ("CAC"). For example, the maximum permitted concentration of lead as prescribed in the Regulations is six milligrams per kilogram, which is much higher than the standard of 0.1 milligram per kilogram set by CAC, and some metal content standards in the Regulations are only classified by solid and liquid food with no specific standards set for different types of food. On the other hand, the Food and Health Bureau ("FHB") told this Council in October 2007 that it would formulate a set of comprehensive and clear food safety standards that was applicable to Hong Kong. Also, FHB was mindful that there was always a need to review the food safety standards from time to time, with a view to dovetailing with the latest international practice and development. In this regard, the Finance Committee of this Council approved in January last year the creation of one permanent post of Administrative Officer Staff Grade B in the Food Branch of FHB to enhance its work in ensuring food safety and other related policies and measures. The duties of the post holder include reviewing the safety standards for heavy metal content in food. In this connection, will the Government inform this Council:
  • (1)of the date on which the safety standards for heavy metal content in various types of food set out in the Regulations were last revised, and the details of the revisions;

    (2)whether the authorities have, after the creation of the aforesaid permanent post, started the review of the safety standards for heavy metal content in food; if so, of the details, and whether the review includes amending the relevant provisions of the Regulations; if so, of the legislative timetable; and

    (3)whether it has assessed the impact of the ongoing adoption of the safety standards for heavy metal content in food that are laxer than international standards on the health of the members of the public, particularly children; if it has assessed, of the details?
Public Officer to reply : Secretary for Food and Health

2. Hon TAM Yiu-chung to ask: (Translation)


It is learnt that Goodcape Securities Limited ("GSL") was a corporation licensed under the Securities and Futures Ordinance ("the Ordinance") to carry on Type 1 regulated activity (dealing in securities). Following a complaint to the Securities and Futures Commission ("SFC") about the failure of GSL to return client securities to the complainant, SFC issued a Restriction Notice on GSL on the 2nd of last month, prohibiting the firm from carrying on all regulated activities for which it was licensed under the Ordinance. On the other hand, while GSL operates as an introducing broker (commonly known as a "runner") that communicates client orders or introduces clients to other licensed securities dealers, some clients of GSL have indicated that they have no knowledge of this. In this connection, will the Government inform this Council:
  • (1)whether it knows the current number of runners in Hong Kong, since when and why SFC has allowed licensed securities dealers to operate as introducing brokers, and whether SFC has plans to publicize among investors the differences between the business of a runner and that of a general licensed securities dealer for protection of investors' interests;

    (2)given that a licensed corporation is required under the Ordinance to notify SFC as soon as possible in the event that it is unable to maintain financial resources in accordance with the requirements, whether the Government knows the number of such notifications received by SFC from runners, as well as the respective numbers of cases in which SFC issued Restriction Notices to runners, revoked their licences and apply to the Court to freeze their assets, in each of the past 10 years, and the number of cases among them which involved fraud; and

    (3)whether it knows the measures SFC has put in place to verify the authenticity of the content of the monthly financial resources returns submitted by runners, and if SFC will consider raising the liquid capital level that runners are required to maintain, or introducing new rules to ensure compliance by runners with the requirements on financial resources; if SFC will not consider, of the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

3. Hon Gary FAN to ask: (Translation)


At present, where an aircraft taking off at the Hong Kong International Airport ("HKIA") in Hong Kong needs to use the mainland airspace, it must enter that airspace at a higher altitude, so as not to affect the safe operation of the aircraft taking off and landing at the airport in Shenzhen. Such altitude restriction (commonly known as the "sky wall") is 15 700 feet in the daytime. There are comments that the sky wall has indirectly rendered the number of aircraft movements of the two runways in Hong Kong unable to reach their designed capacity. On the other hand, the Airport Authority ("AA") is planning to expand HKIA into a three-runway system. Some green groups and airport development concern groups have pointed out that the third runway of HKIA can operate effectively only if the mainland authorities permit Hong Kong flights to use part of the lower airspace in Shenzhen. In this connection, will the Government inform this Council:
  • (1)whether it has studied if the flight path arrangement for the proposed third runway complies with flight safety requirements, and if AA has gained a full understanding of the impact of the current busy traffic at the lower airspace in Shenzhen on the flight path arrangement for the third runway; if it has conducted such studies, of the outcome;

    (2)whether it has discussed with the mainland authorities the granting of permission for Hong Kong flights to use part of the airspace in Shenzhen; whether the authorities will take forward the construction of the third runway only after they have reached such an agreement with the mainland authorities; and

    (3)given the comment that as the airport in Shenzhen is expanding continuously and the number of aircraft movements at the airport has been increasing, the mainland authorities may not be willing to permit Hong Kong flights to use part of their airspace, whether the authorities have studied if, under such circumstances, the expected maximum capacity of 102 movements per hour can be reached after the commissioning of the three-runway system; if the study outcome is in the negative, of the maximum runway capacity per hour that the three-runway system can reach?
Public Officer to reply : Secretary for Transport and Housing

4. Hon IP Kin-yuen to ask: (Translation)


It has been reported that on the 18th of last month, a new uniformed group known as the Hong Kong Army Cadets Association ("HKACA") held its founding ceremony at Ngong Shuen Chau Barracks of the Hong Kong Garrison of the People's Liberation Army ("HK Garrison"). The Chief Executive, the Director of the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region and the commander of the HK Garrison serve as HKACA's honorary patrons, while a number of Directors and Secretaries of Bureaux are its honorary advisers. It has also been reported that the HK Garrison will assist in training HKACA's members. Besides, a community organization has been organizing the Military Summer Camp for Hong Kong Youth jointly with the HK Garrison and the Education Bureau each year since 2005. In this connection, will the Government inform this Council:
  • (1)of the role of the Government in HKACA, and whether it will participate in the operation of, provide financial support for or organize activities jointly with HKACA; if it will, of the details;

    (2)whether it has studied and assessed if the HK Garrison's assistance to local uniformed groups in training the youth, including providing training on live-ammunition shooting, weapon disassembly and assembly, military boxing and military knowledge, etc., in military training camps, is in contravention of Article 14 of the Basic Law, which provides that the HK Garrison shall not interfere in the local affairs of Hong Kong, and any provision of the Public Order Ordinance; if the study and assessment outcome is in the affirmative, of the details; if the study and assessment outcome is in the negative, the justifications for that; and

    (3)whether it knows the role of the HK Garrison in HKACA, and whether the HK Garrison will participate in the operation of, provide financial support for or organize activities jointly with HKACA; if the HK Garrison will, of the details; as there are comments that in the past, the HK Garrison used to maintain a low-profile presence in Hong Kong and was rarely involved in Hong Kong's local affairs, whether the Government has approached the mainland authorities to gain an understanding of whether the HK Garrison has changed its low-profile approach recently to become actively involved in Hong Kong's local affairs by assisting in training HKACA's members?
Public Officer to reply : Secretary for Home Affairs

5. Dr Hon Elizabeth QUAT to ask: (Translation)


Quite a number of residents in newly developed districts, such as Tseung Kwan O, Tin Shui Wai and Tung Chung, have relayed to me that the districts in which they live lack public markets. For example, while the population of LOHAS Park in Tseung Kwan O together with its neighbouring housing estates has exceeded 30 000, there is no public market in that area. Residents there have to travel a long distance to buy fresh food and daily necessities. Also, the prices of such goods are often higher than those in other districts due to inadequate competition. On the other hand, some tenants and customers of public markets without air-conditioning systems have relayed to me that the unbearable swelter of these markets during summer turns people away and causes foodstuffs to decay easily. However, the threshold for retrofitting air-conditioning systems in these markets is very high, i.e. the Government will consider such works only when 85% or more of the tenants give their support. In this connection, will the Government inform this Council:
  • (1)of its major considerations in determining whether to provide permanent or temporary public markets in newly developed districts; whether it has any plan to provide a permanent or temporary public market in Tseung Kwan O Area 85, which is adjacent to LOHAS Park;

    (2)whether it will amend the relevant planning criteria and provide more public markets in newly developed districts, so as to introduce competition and facilitate residents in buying fresh food and daily necessities; if so, of the details; if not, the reasons for that; and

    (3)whether it has any plan to review the threshold for retrofitting air-conditioning systems in existing public markets, and devise a fairer method for sharing air-conditioning costs, etc.; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

6. Hon Paul TSE to ask: (Translation)


There are comments that as the gross receipt of the Kai Tak Cruise Terminal ("KTCT") in 2014 was only $30 million, the Government could only share $2.19 million at the most. If KTCT's operation fails to make a "great leap forward" in the years to come, it may take as long as 23 years, i.e. in year 2037 or 2038, to fully recover the $8.2 billion investment of public funds. In this connection, the tourism sector and some marketing academics have attributed KTCT's operational failure to erroneous positioning, its supporting facilities being "a fiasco", lack of any long-term planning for tourism policy, inability to compete with the neighboring regions, and reducing Hong Kong to a shopping spot for mainland tourists. They therefore have described KTCT as "expensive chicken ribs", which means that it is of dubious worth but too costly to give up. In this connection, will the Government inform this Council:
  • (1)whether it has, based on the current business situation of KTCT and the terms in KTCT's tenancy for operation and management, made projections as to when the Government can recover the aforesaid $8.2 billion investment of public funds; if it has, of the details; if not, whether it can make projections immediately and give an account of its projections to the public as early as possible;

    (2)as the Leisure and Cultural Services Department ("LCSD") is currently occupying one of the units in KTCT's roof garden that enjoys a 360-degree panoramic sea view, of the total floor area of the unit, the purpose for which the unit is used by LCSD, the number of staff members using the unit and their scope of work; whether it has assessed the rental income that may be brought to KTCT each year if the unit is leased to a private organization; and

    (3)whether it will, in response to the aforesaid comments made by the tourism sector and marketing academics, review the positioning and mode of operation of KTCT and, by making reference to the success of the Wine and Dine Festival held at KTCT, implement the proposal of establishing "a bar street" in the roof garden, increase the number of occasions on leasing KTCT facilities for holding concerts or other performances, or explore other means to create new sources of income, so as to boost KTCT's income and shorten the cost recovery period?
Public Officer to reply : Secretary for Commerce and Economic Development

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


Some owners of the flats in a large private housing estate have relayed to me that the land lease of their housing estate provides that the lessee must build a footbridge within the precincts of the housing estate for public use and bear the management and maintenance responsibilities for the footbridge. The relevant management and maintenance costs, as well as third party insurance premiums place a heavy burden on the owners of the housing estate. However, the utilization rate of the footbridge has been very low as it is not connected to any shopping mall or other footbridge. It is learnt that the owners of the housing estate generally support the Government's taking over of the management and maintenance responsibilities for the footbridge or even its demolition. However, the relevant proposal involves modification of the land lease and must therefore have the consent of the Government. In this connection, will the Government inform this Council:
  • (1)of the existing number of footbridges open for use by the public throughout Hong Kong that were built according to the requirements of the land leases of private developments and, among them, the number of footbridges the management and maintenance responsibilities for which are borne by the land lessees;

    (2)of the circumstances under which the authorities will take over from the land lessee the management and maintenance responsibilities for a footbridge which is open for public use; whether there are precedents; if there are, of the details and the authorities' considerations in the cases concerned; and

    (3)whether it has measures (such as setting up a maintenance fund) to assist owners of private housing estates to cope with the expenditure on the repair and maintenance of footbridges open for public use within the precincts of their estates; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

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


The Government always emphasizes that it welcomes persons with disabilities to apply for government jobs and has put in place suitable facilitating measures with a view to enabling candidates with disabilities who meet the basic entry requirements to compete with able-bodied candidates on equal footing, so as to ensure that candidates with disabilities will enjoy equal opportunities when applying for government jobs. In this connection, will the Government inform this Council:
  • (1)of the number of new recruits to the Civil Service in 2012-2013 and 2013-2014 who declared their disabilities, and set out a breakdown in the following table;

    Types of disability/year2012-20132013-2014
    Visual impairment  
    Hearing impairment  
    Physical disability  
    Intellectual disability  
    Ex-mentally ill persons  
    Visceral disability  
    Others, e.g. autism, speech impairment, specific learning difficulties, etc.  
    Total number of new recruits who declared their disabilities  
    Total number of new recruits  

    (2)given that under government guidelines, candidates with disabilities who meet the basic entry requirements for a post will not be subject to shortlisting criteria and will be automatically invited to attend selection test or interview to compete with other candidates on equal footing, and recruiting departments are required to proactively ascertain from individual candidates any assistance or accommodation needed so as to facilitate him/her in attending the test or interview, whether the authorities have required recruiting departments to contact candidates with disabilities within a certain number of days after receiving their applications to invite them to such tests or interviews; whether the authorities have assessed if the recruiting departments will contravene the relevant requirements under the Convention on the Rights of Persons with Disabilities by failing to contact candidates with disabilities and thus failing to provide them with the assistance or accommodation needed;

    (3)given that under government guidelines, the recruiting departments will suitably adjust the selection test or interview process to cater for the special needs of the candidates with disabilities, e.g. extension of the examination time with regard to the degree of the candidates' disability and complexity of the paper, of the number and percentage of those candidates with disabilities in the past three years for whom the selection test or interview process was suitably adjusted by the recruiting departments, as well as the reasons for such adjustments not being made for some candidates with disabilities;

    (4)as it is learnt that although recruiting departments did extend the examination time or arrange separate test centres for some candidates with disabilities, these candidates were nonetheless assigned to take the examination at inconveniently located test centres due to the small number of candidates with disabilities, whether the authorities have assessed if such arrangements constitute differential treatment rendering candidates with disabilities unable to enjoy equal opportunities when taking such tests; and

    (5)given that some persons with disabilities employed by government departments on short-term or one-year contracts have relayed to me that while they need to attend follow-up medical consultations regularly, the attendance certificates issued to them are not accepted by their departments and they are hence required to work extra hours or accept salary/paid leave deduction to compensate for the loss of working hours incurred by their follow-up medical consultations, whether the authorities will consider accepting attendance certificates from employees with disabilities as valid sick leave certificates?
Public Officer to reply : Secretary for the Civil Service

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


Some mainland visitors to Hong Kong and local residents have complained to me that it often takes them half an hour to one hour or more to complete immigration clearance when they enter or leave Hong Kong via the Lo Wu, Lok Ma Chau and Shenzhen Bay immigration control points ("control points") during weekday peak cross-boundary traffic hours and on holidays. Also, as the mainland authorities have recently started issuing to mainland residents the electronic Exit-Entry Permits for Travelling to and from Hong Kong and Macao, the number of people using e-channels at the mainland boundary control points for immigration clearance have increased, resulting in a substantial increase in the time taken for immigration clearance by Hong Kong residents. In this connection, will the Government inform this Council:
  • (1)of the total number and average daily number of mainland visitors entering and leaving Hong Kong via various land control points in 2014, with a breakdown by control point;

    (2)whether the Immigration Department has assessed afresh if the existing manpower at various land control points is sufficient to cope with the volume of work during peak cross-boundary traffic periods; if the Department has assessed, of the details; if not, the reasons for that;

    (3)whether it has discussed with the mainland authorities the formulation of measures to enhance the efficiency of traveller immigration clearance at the boundary control points of both places, such as diverting mainland residents and Hong Kong and Macao residents to use different e-channels or increasing the number of e-channels at the mainland boundary control points; if it has discussed, of the details; if not, the reasons for that; and

    (4)whether it has studied the extension of the opening hours of the Lok Ma Chau, Lo Wu and Shenzhen Bay control points, as well as the introduction of other measures to enhance the capacity for traveller immigration clearance of various land control points; if it has studied, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

*10. Hon YIU Si-wing to ask: (Translation)


Some members of the public have relayed to me that visitors coming to Hong Kong for engagement in prostitution activities has become increasingly rampant in recent years, and that the penalties imposed on such visitors for engagement in these illegal activities are too lenient to have any deterrent effect. In this connection, will the Government inform this Council:
  • (1)of the number of reports received by the Police in each of the past three years about visitors engaging in prostitution activities in Hong Kong, with a breakdown by the country/place from which the arrested persons came;

    (2)of the number of visitors prosecuted for contravening the conditions of stay by engaging in prostitution activities in Hong Kong, the number of such persons convicted, as well as the terms of imprisonment and the amounts of fines imposed by the Court on the convicted persons, in the past three years; and

    (3)of the new measures the authorities have put in place to curb visitors coming to Hong Kong for engagement in prostitution activities, and whether they will consider stepping up the law enforcement efforts, raising the penalties concerned and denying entry of such persons who have been convicted?
Public Officer to reply : Secretary for Security

*11. Dr Hon Fernando CHEUNG to ask: (Translation)


Quite a number of social workers and carers of persons with disabilities ("PWDs") have relayed to me that the short-term residential care service ("respite service") provided for PWDs not only enables PWDs to live in the community on a long-term basis but also allows carers to take a short break. However, since respite service is in short supply, PWDs need to wait for quite a long time for the service. Some PWDs have no alternative but to switch to long-term residential care services, and this not only increases social costs but also deprives PWDs of the choice of living in the community. Furthermore, the information on respite service provided on the computerized central platform set up by the Social Welfare Department is outdated. As carers of PWDs and social workers have no way of knowing the latest utilization of respite service places in various residential care homes, they must make enquiries with residential care homes one by one on their own. In this connection, will the Government inform this Council:
  • (1)of the overall utilization rate and waiting time of respite service at present, with a breakdown by the type and degree of disability of the PWDs;

    (2)whether it has formulated a long-term strategy to increase the number of respite service places, with a view to improving the community care services provided for PWDs so as to avoid an increase in demand for long-term residential care services due to insufficient respite service places;

    (3)of the current supply and demand situation of the respite service provided for PWDs with high nursing care needs (such as PWDs with stomas and those who need to use ventilators); whether the Government has plans to increase the number of the relevant respite service places; and

    (4)how often the information on respite service provided on the computerized central platform is updated, and whether it has assessed if the information can meet the needs of users; of the factors constraining the updating of information more frequently?
Public Officer to reply : Secretary for Labour and Welfare

*12. Hon Dennis KWOK to ask:


It has been reported that the Premier of the State Council recently said that a stock connect for cross-boundary trading of stocks listed on the Shenzhen Stock Exchange and the Stock Exchange of Hong Kong ("the Sz-HK Stock Connect") should be the next scheme to be launched following the commencement of the Shanghai-Hong Kong Stock Connect ("S-HKSC") in November last year. Meanwhile, the Chief Executive of the Hong Kong Exchanges and Clearing Limited said that the launch of the Sz-HK Stock Connect would be a must for 2015, and that the technical systems of the stock markets in Hong Kong and Shenzhen would be connected soon after the regulators from both places completed their study of the proposed Sz-HK Stock Connect. In this connection, will the Government inform this Council if it knows whether the Hong Kong Monetary Authority as well as the Securities and Futures Commission:
  • (1)have drawn up details regarding the proposed Sz-HK Stock Connect, including the implementation timetable; if so, of such details; if not, the reasons for that;

    (2)have assessed the risks to be posed to Hong Kong's financial regulatory system by launching the Sz-HK Stock Connect shortly after the commencement of S-HKSC; if they have assessed, of the details and whether they have formulated measures to minimize the risks; if they have not assessed, the reasons for that; and

    (3)have reviewed the achievements and failures of S-HKSC (including the fact that utilization of the investment quotas has been well below market expectations), and the implications of a recent plunge of the Shanghai stock market due to the China Securities Regulatory Commission curbing margin financing; if they have reviewed, of the details and how the review outcome will affect the proposed Sz-HK Stock Connect; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

*13. Hon CHAN Chi-chuen to ask: (Translation)


Under the Bankruptcy Ordinance (Cap. 6), debtors who are unable to pay their debts may file bankruptcy petitions against themselves with the Court or make repayment proposals to the Court and creditors under individual voluntary arrangements ("IVAs"). Debtors filing bankruptcy petitions are required to deposit with the Official Receiver ("OR") a sum of $8,000 to cover the fees and expenses to be incurred by OR (or trustees) and pay a court fee of $1,045. As for debtors who have opted to apply for IVAs, they are required to deposit with the nominees an initial sum of $12,150 to cover the relevant fees. Some members of the public have sought my assistance, claiming that as they were unable to pay their debts, they and their families had been living under heavy livelihood and mental pressure all day. Eventually, they had decided to apply for bankruptcy but could hardly afford the exorbitant statutory fee and make the aforesaid deposit. In this connection, will the Government inform this Council:
  • (1)whether, in conducting the last review of the levels of statutory fees and deposits relating to bankruptcy procedures, the authorities had made reference to the changes in the Consumer Price Index since the review preceding the last one; if they had, of the details; if not, the reasons for that;

    (2)whether it knows the respective numbers of bankruptcy petitions received from debtors by the Court and IVA cases reported by nominees to the OR's Office last year; and

    (3)among the debtors mentioned in (2), whether any of them told the authorities that they were unable to pay the aforesaid statutory fees and make the aforesaid deposits; if there were such debtors, whether the Government provided assistance to them under the existing mechanism; if it did, of the details and, among such debtors, the number of those who filed bankruptcy petitions successfully; if it did not provide assistance, whether the Government will review the existing mechanism and provide assistance through the Social Welfare Department or other government departments to those who are unable to pay the relevant fees; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

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


It has been reported that the Committee for the "Passing on the Torch" National Education Activity Series ("the Committee") appointed by the Government is responsible for scrutinizing and deciding whether programmes applying for sponsorships for national education promotional activities ("sponsorships") offered by the Education Bureau ("EDB") should be included in the "Passing on the Torch" National Education Activity Series ("Passing on the Torch Series"). Programmes included in the Series will have priority in receiving sponsorships from EDB. Regarding the composition and operation of the Committee, as well as EDB’s vetting and approval of applications for sponsorships, will the Government inform this Council:
  • (1)of the appointment procedures and terms of office of the members of the Committee as well as its current membership list; whether the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region has participated in the appointment of the members of the Committee and its operation; if it has, of the reasons for that;

    (2)of the organizations from which EDB received, in each of the past five years, applications for sponsorships for organizing mainland exchange programmes which aimed at promoting national education, and set out by applicant organization the amounts of sponsorships applied for, the application results and the amounts of sponsorships approved;

    (3)whether the authorities can make public (i) the procedures adopted by the Committee for processing an application for including a certain programme in the Passing on the Torch Series, and the specific criteria and guidelines adopted by the Committee for making such decisions, (ii) all documents related to the processing of applications by the Committee (including the scoring criteria, and (iii) the specific procedures as well as the assessment and selection criteria adopted by EDB for vetting and approving applications for sponsorships, and the relevant documents; if they can, of the details; if not, the reasons for that;

    (4)given that the key leaders of some of the organizations applying to the Committee for inclusion of their programmes in the Passing on the Torch Series and to EDB for sponsorships are also members of the Committee, whether such members have participated in the Committee’s vetting and approval of the applications submitted by those organizations; and

    (5)as it has been reported that some organizations have commissioned the private companies owned by their key members to organize the national education promotional activities sponsored by EDB, whether EDB will take follow up actions (including conducting investigations); if EDB will, of the details and progress of the follow-up actions; if not, the reasons for that?
Public Officer to reply : Secretary for Education

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


According to the Health Facts of Hong Kong compiled and edited by the Government in 2014, as at the end of 2013, the number of dentists in Hong Kong was 2 310, giving a ratio to population of 1:3125, and the number of dental hygienists was 367, giving a ratio to population of 1:19672. However, the numbers of dental therapists and dental surgery assistants were not provided. It is learnt that the Government has conducted a manpower projection for 13 healthcare professions subject to statutory regulation, which include dentists. In this connection, will the Government inform this Council:
  • (1)whether it has measures to increase the number of dentists; if so, of the details; if not, the reasons for that;

    (2)of the respective current numbers of dental therapists and dental surgery assistants in Hong Kong; and

    (3)whether it has conducted any manpower projection for dental therapists, dental surgery assistants and dental hygienists; whether it has assessed if there is a shortfall of such professionals at present; if the assessment outcome is in the affirmative, whether measures are in place to increase their numbers?
Public Officer to reply : Secretary for Food and Health

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


In June last year, the Mandatory Provident Fund Schemes Authority and the Hong Kong Monetary Authority launched the "E-Payment for MPF Transfer system" ("the E-payment system") to automate payments for the transfer of Mandatory Provident Fund ("MPF") accrued benefits between trustees, and expected the time taken for such transfer to be shortened by about one week. Moreover, it has been reported that each MPF scheme member currently maintains about 3.7 MPF accounts on average. There are comments that if the members do not actively consolidate their MPF accounts, it will be difficult for the ratio of administrative costs to the total expenses to decrease. On the other hand, the law stipulates that not more than 10% in total of the funds of an MPF constituent fund may be invested in shares listed on a non-approved stock exchange ("the restriction"). Given that the stock exchanges in Shanghai and Shenzhen are non-approved stock exchanges, investments of the funds of MPF schemes in shares listed on these two stock exchanges through the Shanghai-Hong Kong Stock Connect and a similar stock connect between Shenzhen and Hong Kong to be launched in future are also subject to that restriction. In this connection, will the Government inform this Council if it knows:
  • (1)whether the authorities have compiled statistics on the utilization of the aforesaid E-payment system since its launch and collected views from various parties, so as to review the effectiveness of the system and to make improvements; the amount of resources that the authorities will deploy in the coming year for publicizing the use of the system;

    (2)whether the authorities have plans in the coming year to launch other measures and electronic systems to streamline the administrative work so as to attract more members to consolidate their MPF accounts; if they do, of the details; if not, the reasons for that; and

    (3)whether the authorities will consider relaxing the aforesaid restriction on investments in stock markets of places outside Hong Kong, so as to allow more investment choices for MPF schemes; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

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


Some residents in the Tsuen Wan district have relayed to me that with the completion of a number of housing estates, the population in the district has continuously increased in recent years, resulting in the worsening of the problem of shortage of parking spaces in the district, particularly in the four District Council ("DC") constituencies in the town centre, namely Tak Wah, Yeung Uk Road, Clague Garden and Fuk Loi. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of parking spaces for various types of vehicles in the four aforesaid DC constituencies in each of the past five years (set out in tables of the same format as Table 1);

    Table 1

    Constituency : Tak Wah
     20142013201220112010
    Private car     
    Goods vehicle     
    Tourist coach     
    Motorcycle     

    (2)of the respective numbers of prosecutions/Fixed Penalty Notices for parking offences in respect of various types of vehicles in the four aforesaid DC constituencies in each of the past five years (set out in tables of the same format as Table 2);

    Table 2

    Constituency : Tak Wah
     20142013201220112010
    Private car     
    Goods vehicle     
    Tourist coach     
    Motorcycle     

    (3)after taking into account the number of housing estates to be completed in the Tsuen Wan district in the next five years, of the numbers of additional parking spaces for various types of vehicles that need to be provided in the four aforesaid DC constituencies for meeting the relevant standards set out in the Hong Kong Planning Standards and Guidelines; whether it will provide more parking spaces for various types of vehicles in these constituencies in the next five years; if it will, of the details; if not, the reasons for that; and

    (4)whether it will review the existing planning standards and the relevant policies in respect of the provision of parking spaces for various types of vehicles to ensure that adequate parking spaces are provided; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


On the 16th of last month, the Government issued press releases at 11:01 pm and at 11:06 pm respectively, announcing the decisions to adjust the remuneration of the Chief Executive ("CE") and the politically appointed officials ("PAOs"), as well as the honorarium of the non-official Members of the Executive Council ("adjustment decisions"). In this connection, will the Government inform this Council:
  • (1)when the adjustment decisions were made; why it arranged announcing such decisions so late at night; whether, prior to the announcements, it had considered if such timing for the announcements would (i) create a public perception that the Government was acting stealthily, and (ii) render the media unable to report the decisions in their main news bulletins, thereby undermining the public's right to know;

    (2)given the comments that although the adjustment decisions have been described as restoring to the levels in 2009 prior to the pay cut voluntarily offered by the personnel of the aforesaid positions, the incumbents of those positions are actually given a pay rise of 5%, and coupled with the fact that prior to the adjustments, the remuneration of CE and PAOs was already higher than that of the heads of states and ministers in most other countries/places, whether the authorities had, prior to making the adjustment decisions, considered the current situation that quite a number of members of the public are dissatisfied with the performance of the current-term Government; if they had considered, of the details; and

    (3)as CE undertook in 2012, when he was then the CE-elect, that he would not implement the proposal by the Government of the last term on a pay rise to restore the remuneration of CE and PAOs of the current-term Government to its real value in 2009, and that the remuneration of his team would be frozen at the 2012 level, whether the authorities have assessed if the adjustment decisions are in violation of the aforesaid undertaking, and whether they will consider withdrawing the decisions?
Public Officer to reply : The Chief Secretary for Administration

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


Some members of the public have relayed to me that cases of illegal felling of trees of valuable species have occurred one after another in recent years. For instance, an Aquilaria sinensis aged 80 years was felled at the end of last year. They are of the view that the results of the Government's tree conservation work are unsatisfactory, and the Forests and Countryside Ordinance (Cap. 96) is unable to curb illegal tree-felling effectively. In this connection, will the Government inform this Council:
  • (1)of the number of trees of valuable species which were illegally felled in each of the past three years; among these trees, of the respective numbers of trees belonging to the species of Podocarpus macrophyllus (Buddhist pines), Aquilaria sinensis (incense trees) and Diospyros vacciniodes; whether the Government has conducted a territory-wide survey to gather information on the numbers and distribution of trees of those species; if it has, of the details; if not, the reasons for that;

    (2)of the number of cases of illegal felling of trees of valuable species uncovered in each of the past three years, and the respective numbers of persons prosecuted and convicted for illegal tree-felling; the number of non-Hong Kong residents among these persons; apart from Cap. 96, which legislation the authorities invoked to prosecute the persons concerned; whether the authorities will enact a comprehensive piece of legislation to curb illegal tree-felling and increase the penalties concerned; if they will, of the details; if not, the reasons for that; and

    (3)of the manpower for and expenditure on law enforcement against illegal tree-felling in each of the past three years; whether the authorities encountered difficulties in carrying out the task; if they did, of the details; whether the authorities will step up patrol at the black spots of illegal tree-felling and enhance the measures for preventing tree-felling; if they will, of the details; whether the authorities will adopt the tree guard monitoring systems developed overseas or by local tertiary institutions to prevent tree-felling?
Public Officer to reply : Secretary for the Environment

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


Some members of the public have relayed to me that the average prices of NYMEX Light Sweet Crude Oil Futures and ICE London Brent Crude Futures dropped by over 50% from their peaks in the past six months. The fuel cost, which makes up the major part of the operating costs of the transport industry, should have decreased significantly. They have pointed out that while franchised bus operators ("bus operators") often applied to the authorities for fare increases in the past on grounds of rising operating costs due to high oil prices, the bus fares were not reduced correspondingly when oil prices dropped, resulting in a situation that the bus fares always rise and never drop. Moreover, some private car owners and taxi drivers have pointed out that in the same period, the retail prices of auto-fuel decreased by about 30% only, arousing suspicion that when international oil prices are rising, oil companies usually increase prices promptly at a significant rate, but when oil prices are falling, oil companies reduce prices sluggishly at a marginal rate. As such, users of auto-fuel cannot be benefited at all. In this connection, will the Executive Authorities inform this Council:
  • (1)whether they have asked the bus operators to provide operational data for assessing the impacts of the significant drop in oil prices on bus operators' operating costs and, based on the outcome of such assessment, activated the procedures under the Fare Adjustment Mechanism, which provides for both upward and downward adjustments of fares, to demand bus operators to reduce their bus fares; if so, of the details; if not, the reasons for that;

    (2)whether, in the past six months, they obtained operational data from oil companies to investigate if they have colluded to manipulate oil prices; if so, of the details; if not, the reasons for that; and

    (3)whether they have measures to promote the further opening-up of the auto-fuel market so as to introduce greater competition among oil companies; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

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


On the 7th of last month, the Government published the Consultation Document on the Method for Selecting the Chief Executive by Universal Suffrage to commence a two-month second round public consultation on the method for selecting the Chief Executive ("CE") by universal suffrage in 2017. CE reiterated in the 2015 Policy Address that the substantive power to decide on constitutional development rested with the Central Authorities and the decision of the Standing Committee of the National People's Congress on issues relating to the selection of CE by universal suffrage and on the method for forming the Legislative Council ("LegCo") in the year 2016 had irrefutable legal status and was legally valid, and that the slogan of "Hong Kong shall resolve Hong Kong's problems" did not conform with our constitutional arrangements. CE also named in his criticism some featured articles of Undergrad, a magazine of the Hong Kong University Students' Union, and a book named Hong Kong Nationalism published by it, which advocated the proposition that Hong Kong should "find a way to self-reliance and self-determination". CE considered that the society must stay alert to such a proposition, but such remarks had aroused some controversies in society. On the other hand, an opinion poll conducted by a university has indicated that the instant satisfaction rate of the public with this year's Policy Address is the second lowest among the policy addresses delivered since the reunification of Hong Kong. Moreover, the Chief Secretary for Administration, who is the main promoter of the constitutional reform, has described that there is a slim chance for the constitutional reform package to be passed by LegCo, but she would not miss any opportunity to approach the pan-democrats. In this connection, will the Government inform this Council:
  • (1)of the members of political parties, political groups and organizations as well as LegCo Members met separately by the government officials responsible for the constitutional reform since the launch of the second round of public consultation; the respective numbers and dates of the meetings held, the number of persons met and the contents of the meetings;

    (2)of the number of relevant open forums, briefing sessions and consultation activities attended by the government officials responsible for the constitutional reform since the launch of the second round of public consultation; the respective dates, contents and organizers of such activities; whether the government officials have plans to attend similar activities in the remaining consultation period; if they have plans, of the details; if not, the reasons for that;

    (3)of the number of submissions received by the Government from members of the public by email, fax, mail and phone since the launch of the second round of public consultation; and the contents of such submissions;

    (4)whether the government officials responsible for the constitutional reform will make arrangements to meet the 27 pan-democratic LegCo Members one by one; if they will, of the Members whom they have arranged to meet; if not, the reasons for that; whether they have plans to meet the rest of LegCo Members as well as various political parties, political groups and organizations in the remaining consultation period to lobby them to support the passage of the constitutional reform package by LegCo; if they have plans, of the details; if not, the reasons for that;

    (5)whether the government officials responsible for the constitutional reform have plans to meet the representatives of the Hong Kong Federation of Students and Scholarism in the remaining consultation period; if they have plans, of the details; if not, the reasons for that;

    (6)how the Government determined the weighting to be accorded to the public opinions in formulating the proposals for selecting CE by universal suffrage in 2017, and of the details of such consideration;

    (7)whether it has assessed if the relatively low instant satisfaction rate of members of the public with this year's Policy Address will affect their support for the passage of the constitutional reform package by LegCo; if it has assessed, of the details; if not, the reasons for that;

    (8)given the comments that the Occupy Central movement has greatly aroused the interest of young people and students in the constitutional reform, whether the Secretary for Education will have a direct dialogue with them on issues relating to the constitutional reform;

    (9)whether it has assessed if there will be a greater chance for the constitutional reform package to be passed by LegCo should CE meet and lobby pan-democratic LegCo Members in person; if it has assessed, of the details; if not, the reasons for that;

    (10)whether it has assessed if CE's criticism of Undergrad will undermine the post-secondary students' support for the passage of the constitutional reform package by LegCo, or even result in their boycott of the second round of public consultation; if it has assessed, of the details; if not, the reasons for that;

    (11)whether it will consider expanding the membership of the Task Force on Constitutional Development by recruiting more government officials to participate in the consultation and lobbying work; if it will consider, of the details; if not, the reasons for that;

    (12)given the CE's remarks that there are external forces intervening in the political affairs of Hong Kong, whether it has assessed if there are external forces exerting influence on or intervening in the constitutional reform and the second round of public consultation; if it has assessed, of the details; if not, the reasons for that; whether it has assessed when it will be the appropriate time for making public information on the intervention of external forces in the political affairs of Hong Kong;

    (13)whether it has taken the initiative to invite officials of the Central Authorities to have a direct dialogue with pan-democratic LegCo Members on the constitutional reform; if it has, of the details, if not, the reasons for that;

    (14)whether it has assessed if the expressed support by pan-democratic LegCo Members for the so-called "referendum" to be triggered by the resignation of a LegCo Member will affect the chance for the constitutional reform package to be passed by LegCo; if it has assessed, of the details; if not, the reasons for that; and

    (15)of the expected time for publishing the report on the second round of public consultation and for submitting the constitutional reform package to LegCo?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

*22. Hon TANG Ka-piu to ask: (Translation)


In late November last year, during her presentation on Hong Kong's poverty situation in 2013, the Chief Secretary for Administration stated that, among the various poverty alleviation programmes implemented by the Government, the Comprehensive Social Security Assistance ("CSSA") Scheme had the greatest impact on poverty alleviation. Regarding the latest statistics on CSSA Scheme, will the Government inform this Council:
  • (1)of the annual number of households which ceased receiving CSSA payments since the implementation of the Statutory Minimum Wage regime on 1 May 2011, with a breakdown by case type and the age group to which the recipients belong;

    (2)in respect of those existing CSSA households with at least one member who is employed, of the distribution of their household income and the average number of work hours of such members last month, with a breakdown by type of cases;

    (3)of the number of the existing CSSA households with a monthly household income below the poverty line; among such households, the number of those who rent and reside in private housing units and are receiving rent allowance;

    (4)of the respective numbers of the existing CSSA recipients who have resided in Hong Kong for less than seven years and those CSSA households with all members belonging to the ethnic minorities; the number of cases in the past three years in which such recipients ceased receiving CSSA payments; and

    (5)of the total expenditure on CSSA payments made to CSSA households of the low earnings category last month and, in particular, the total expenditure on rent allowance; the total expenditure on the Low-income Working Family Allowance as estimated by the authorities should all CSSA households of the low earnings category switch to receiving the allowance?
Public Officer to reply : Secretary for Labour and Welfare

* For written reply

III. Bills



First Reading

1.Arbitration (Amendment) Bill 2015

2.Clearing and Settlement Systems (Amendment) Bill 2015

Second Reading (Debate to be adjourned)

1.Arbitration (Amendment) Bill 2015 :The Secretary for Justice

2.Clearing and Settlement Systems (Amendment) Bill 2015 :Secretary for Financial Services and the Treasury

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

Stamp Duty (Amendment) Bill 2014 :Secretary for Financial Services and the Treasury



IV. Motions



1.Proposed resolution under the Employees' Compensation Ordinance

Secretary for Labour and Welfare to move the motion in Appendix I.

(The motion was also issued on 21 January 2015
under LC Paper No. CB(3) 379/14-15)

2.Proposed resolution under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance

Secretary for Labour and Welfare to move the motion in Appendix II.

(The motion was also issued on 21 January 2015
under LC Paper No. CB(3) 379/14-15)

3.Proposed resolution under the Occupational Deafness (Compensation) Ordinance

Secretary for Labour and Welfare to move the motion in Appendix III.

(The motion was also issued on 21 January 2015
under LC Paper No. CB(3) 379/14-15)

V. Members' Motions



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

Hon Andrew LEUNG to move the following motion:

That this Council takes note of Report No. 11/14-15 of the House Committee laid on the Table of the Council on 4 February 2015 in relation to the subsidiary legislation and instrument(s) as listed below:

Item NumberTitle of Subsidiary Legislation or Instrument

(1)Waste Disposal (Designated Waste Disposal Facility) (Amendment) Regulation 2013 (Commencement) Notice 2014 (L.N. 154/2014)

(2)Waste Disposal (Refuse Transfer Station) (Amendment) Regulation 2013 (Commencement) Notice (L.N. 155/2014).

Public Officer to attend : Secretary for the Environment

2.Seeking the invalidation of the decision of the Standing Committee of the National People's Congress and reactivating the constitutional reform process

Hon Cyd HO to move the following motion: (Translation)

That, as some members of the public are of the view that the decision made by the Standing Committee of the National People's Congress ('NPCSC') on 31 August last year on Hong Kong's constitutional development ('the 31 August Decision') throttles the room for implementing genuine universal suffrage and allows the nominating committee to screen persons seeking nomination as Chief Executive candidates in accordance with the will of Beijing, thereby rendering the election unable to precisely reflect people's genuine preference and reducing all voters in Hong Kong to voting tools, this Council will definitely veto the constitutional reform package constrained by the 31 August Decision of NPCSC; in this connection, this Council urges the Chief Executive to request the Central Government to seek the invalidation of the aforesaid decision of NPCSC by the National People's Congress, and to reactivate the statutory process for constitutional reform, with a view to expeditiously implementing the selection of the Chief Executive and the election of all Legislative Council Members by universal suffrage.

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

To delete "," after "voting tools" and substitute with "; Hong Kong people have, through the Umbrella Movement, clearly expressed their objection to the constitutional reform package formulated within the framework of the 31 August Decision, but the Chief Executive LEUNG Chun-ying has turned a deaf ear to the people's objection and shifted his fault and responsibility for failing to strive for genuine universal suffrage for Hong Kong people onto the pan-democratic camp;"; to delete "; in this connection, this Council" after "the 31 August Decision of NPCSC" and substitute with ", and"; to add "not to re-attempt to pass off 'fake universal suffrage' as the genuine;" after "urges the Chief Executive"; to delete ", and" after "by the National People's Congress" and substitute with ";"; to add "; and to pursue with the Central Government for the fair right to vote and the fair right to stand for election by universal suffrage" after "for constitutional reform"; and to add "in Hong Kong" immediately before the full stop.

Public Officers to attend :Secretary for Constitutional and Mainland Affairs
Under Secretary for Constitutional and Mainland Affairs

3.Comprehensively reviewing the provision on 'access to computer with criminal or dishonest intent' under the Crimes Ordinance

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

That, when the Administration amended the Crimes Ordinance (Cap. 200) in 1993, the provision on 'access to computer with criminal or dishonest intent' (i.e. 'section 161') was added, with an aim to penalize access to a computer for acts preparatory to but falling short of the commission of a fraud; in recent years, to make prosecution easier, the Police have repeatedly abused section 161 to institute prosecutions against persons using computers or mobile devices to engage in acts which are not in violation of other legal provisions and against persons alleged to have contravened other legal provisions; such a practice has seriously distorted the legislative intent of section 161, and has turned this provision into a draconian law; in this connection, this Council urges the Administration to review and amend section 161 to make it applicable only to computer frauds, so as to protect people from unreasonable arrests and prosecutions.

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

To add "according to records," after "That,"; to add "furthermore, the Police have also from time to time invoked section 161 to prosecute the network media which records tomorrow's history and promotes social reform, so as to suppress freedom of the press and freedom of speech of the fifth power of modern society, as well as to hinder discussions of the civil society and development of social movement;" after "provisions;"; to delete "a practice has" after "such" and substitute with "practices have"; to delete "has" after "section 161, and" and substitute with "have"; and to add "and to stop abusing the relevant provision to suppress freedom of the press and freedom of speech," after "frauds,".

(ii)Dr Hon Elizabeth QUAT to move the following amendment: (Translation)

To delete "," after "That" and substitute with "information shows that"; to delete "penalize access to a computer for acts preparatory to but falling short of the commission of a fraud; in recent years, to make prosecution easier, the Police have repeatedly abused section 161 to institute prosecutions against persons using computers or mobile devices to engage in acts which are not in violation of other legal provisions and against persons alleged to have contravened other legal provisions; such a practice has seriously distorted the legislative intent of section 161, and has turned this provision into a draconian law; in this connection" after "an aim to" and substitute with "combat acts of access to computers with criminal or dishonest intent; with the prevalence of the Internet and social media, more and more people organize and conduct illegal activities on the Internet, including prostitution, gambling, fraud and criminal intimidation, and also there are people appealing on the Internet for the masses to launch network attacks and storm the Legislative Council Complex and the Central Government Offices; according to the information provided to the Legislative Council by the Administration, between 2011 and 2013, there was a yearly average of several dozen convicted cases under section 161, which accounted for 80% to 90% of the total number of prosecution cases under the same provision in each year of the same period; as the crimes involving the use of computers have become increasingly rampant at present"; to delete "and amend section 161 to make it applicable only to computer frauds," after "to review" and substitute with "section 161 and other relevant legislation to strengthen the combat against illegal acts associated with the use of computers,"; and to delete "from unreasonable arrests and prosecutions" immediately before the full stop and substitute with "and social interests".

Public Officers to attend : Secretary for Security
Under Secretary for Security

Clerk to the Legislative Council