A 15/16-10

Legislative Council

Agenda

Wednesday 16 December 2015 at 11:00 am

I. Tabling of Papers



Subsidiary Legislation / InstrumentsL.N. No.
1.Pharmacy and Poisons (Amendment) (No. 6) Regulation 2015234/2015
2.Pharmacy and Poisons (Amendment) (No. 7) Regulation 2015235/2015
3.Dangerous Drugs Ordinance (Amendment of Second Schedule) Order 2015236/2015
4.Smoking (Public Health) Ordinance (Amendment of Schedule 2) Order 2015237/2015
5.Legal Practitioners (Amendment) Ordinance 2012 (Commencement) Notice238/2015

Other Papers

1.No. 46-Lotteries Fund
The Accounts of the Fund 2014-15
(to be presented by Secretary for Financial Services and the Treasury)

2.No. 47-Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 2014-2015
(to be presented by Secretary for Labour and Welfare)

3.No. 48-Social Work Training Fund
Fifty-fourth Annual Report by the Trustee for the year ending on 31 March 2015
(to be presented by Secretary for Labour and Welfare)

4.No. 49-Equal Opportunities Commission
Annual Report 2014/15
(to be presented by Secretary for Constitutional and Mainland Affairs)

5.No. 50-Hong Kong Tourism Board
Annual Report 2014/15
(to be presented by Secretary for Commerce and Economic Development)

6.No. 51-Communications Authority
Annual Report 2014/15
(to be presented by Secretary for Commerce and Economic Development)

7.No. 52-Police Welfare Fund
Annual Report 2014/2015
(to be presented by Secretary for Security)

8.No. 53-The Police Children's Education Trust and the Police Education and Welfare Trust
Annual Report 2014/2015
(to be presented by Secretary for Security)

9.No. 54-The Government Minute in response to The Annual Report of The Ombudsman 2015
(to be presented by the Chief Secretary for Administration, who will address the Council)

10.No. 55-Brewin Trust Fund
Report of the Brewin Trust Fund Committee on the Administration of the Fund for the year ended 30 June 2015
(to be presented by Secretary for Home Affairs)

11.No. 56-Grantham Scholarships Fund
Report of the Grantham Scholarships Fund Committee on the Administration of the Fund for the year ended 31 August 2015
(to be presented by Secretary for Home Affairs)

12.No. 57-The Sir Murray MacLehose Trust Fund
Trustee's Report for the period of 1 April 2014 to 31 March 2015
(to be presented by Secretary for Home Affairs)

13.No. 58-Chinese Temples Fund
Report of the Chinese Temples Committee on the Administration of the Fund for the year ended 31 March 2015
(to be presented by Secretary for Home Affairs)

14.No. 59-General Chinese Charities Fund
Report of the Chinese Temples Committee on the Administration of the Fund for the year ended 31 March 2015
(to be presented by Secretary for Home Affairs)

15.Report of the Committee on Members' Interests on complaints against Hon LEE Cheuk-yan and Hon LEUNG Kwok-hung
(to be presented by Hon IP Kwok-him, Chairman of the Committee, who will address the Council)

16.Report No. 8/15-16 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Andrew LEUNG, Chairman of the House Committee)

17.Report of the Bills Committee on Bankruptcy (Amendment) Bill 2015
(to be presented by Hon CHAN Kam-lam, Chairman of the Bills Committee)

II. Motion under Rule 91 of the Rules of Procedure



Proposed resolution under Rule 91 of the Rules of Procedure

Hon Andrew LEUNG to move the following motion:

Resolved
that Rule 23(2) and (3) of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region be suspended to enable more than 22 questions of which notice has been given, including more than 6 questions that require an oral reply, to be asked at the Council meeting of 16 December 2015.

III. Questions



(Questions 1 to 3 were originally scheduled for the Council meeting of 9 December 2015 but were not asked, while Questions 4 to 25 are scheduled for this Council meeting)

1. Dr Hon Kenneth CHAN to ask: (Translation)


Established on the 20th of last month, the Innovation and Technology Bureau ("ITB") is responsible for formulating and implementing policies on innovation and technology. In this connection, will the Government inform this Council:
  • (1)given that when the Finance Committee of this Council deliberated on the funding applications for the establishment of ITB in the past, members put forward quite a number of views and recommendations in relation to policies on innovation and technology, whether ITB will collate and analyze those views and recommendations, and take follow-up actions on them; if ITB will, of the details; if not, the reasons for that;

    (2)whether ITB will expeditiously formulate blueprints and objectives for implementing policies on innovation and technology, and establish a series of indicators for assessing the effectiveness of such policies; if ITB will, of the details; if not, the reasons for that; how ITB will, in the course of formulating those blueprints and objectives, strive to gain support from the public, e.g. whether ITB will conduct public consultations; if ITB will, of the details; if not, the reasons for that; and

    (3)given that the resources for various research funding schemes launched by the University Grants Committee are allocated on a competitive basis, whether ITB will introduce new policies and strategies to promote co-operation among institutions, with a view to developing the innovation and technology industries in Hong Kong more effectively; if ITB will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Innovation and Technology

2. Hon Kenneth LEUNG to ask: (Translation)


It has been reported that some companies with the description of "會計事務所" (accounting affairs firms) in their Chinese names promote loan services on behalf of financial intermediaries or financial companies under the guise of offering financial assessment services to clients, and they charge exorbitant handling fees. Some members of the accounting profession have relayed to me that the names of those companies can easily lead people into mistaking them for firms of certified public accountants (practising) registered under the Professional Accountants Ordinance and the business practices of such companies have also tarnished the professional image of the accounting profession. In this connection, will the Government inform this Council:
  • (1)whether the authorities have measures in place to regulate the aforesaid financial assessment services so as to ensure their independence and professionalism; if they do, of the specific measures; if not, whether they will consider amending the relevant ordinances to safeguard the rights and interests of borrowers;

    (2)of the respective numbers of cases in which investigations were conducted into and prosecutions instituted in respect of the illegal acts of financial intermediaries by law enforcement agencies in the past three years; the number of companies involved in such cases which used the description of "accounting affairs firms" or similar wording in their names; and

    (3)whether it will enhance public education to teach the public how to differentiate between financial intermediaries and practice units registered under the Professional Accountants Ordinance; if it will, of the specific plans; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

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


Since September last year, more than one thousand people who participated in the "Umbrella Movement" and related public order events have had their personal information jotted down, or have been arrested or prosecuted by the Police. It has been reported that some of the people charged with the offence of assaulting police officers were able to prove their innocence in court by themselves with video footages found on the Internet, and such footages have revealed that the testimonies given by the police officers concerned were not true. Some members of the public have queried that these police officers have testified dishonestly in court, causing the people who participated in public order events being prosecuted unnecessarily. In this connection, will the Government inform this Council:
  • (1)regarding those cases relating to the "Umbrella Movement", of the number of cases since January this year in which the judge alleged the police officers concerned of having testified dishonestly during the trials;

    (2)whether it has taken disciplinary actions against such police officers who were alleged by the judge of having testified dishonestly; if it has, of the details; if not, the reasons for that; and

    (3)of the number of people prosecuted in such cases in which the police officers were alleged by the judge of having testified dishonestly, together with a breakdown by the occupation and age of such people; whether it has assessed the losses in terms of time and money suffered by such people because of the cases; if it has assessed, of the outcome; whether the authorities will pay compensation to such people; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

4. Dr Hon Priscilla LEUNG to ask: (Translation)


As early as 2009, the Planning Department completed the study on the Area Improvement Plan for the Shopping Areas of Mong Kok, and recommended 22 improvement projects, but some of these projects have not yet been implemented to date. Some Mong Kok residents have expressed their disappointment at this situation, and hope that the authorities expeditiously complete all the projects, particularly the redevelopment of the government sites at Sai Yee Street and Mong Kok East Station as well as the extension of the pedestrian footbridge at Mong Kok Road, so as to improve the environment and road accessibility in the areas in Mong Kok. In this connection, will the Government inform this Council:
  • (1)of the latest progress of the aforesaid 22 improvement projects, including details of the completed projects, works progress and anticipated completion dates of the uncompleted projects, as well as the anticipated commencement dates and completion dates of those projects which have not yet commenced;

    (2)of the reasons why, after years of delay, the extension of the pedestrian footbridge at Mong Kok Road has not yet been completed, including the difficulties encountered in carrying out the works; and

    (3)given that the authorities have adopted the recommendations made by the Yau Tsim Mong District Council and members of the local community that a public transport interchange ("PTI") be built at the government sites at Sai Yee Street and Mong Kok East Station after relocating the relevant facilities of the Food and Environmental Hygiene Department and the Water Supplies Department in order to alleviate the serious traffic congestion in nearby areas, of the latest progress in relocating the facilities of the two government departments; of the authorities' plan for developing the superstructure above the proposed PTI, and when they will announce the relevant details?
Public Officers to reply:Secretary for Development
Under Secretary for Development

5. Hon Charles Peter MOK to ask: (Translation)


Some practitioners from the information technology ("IT") sector have relayed to me that although the Government has been committed to developing the innovation and technology industry in recent years, its procurement policy for IT products and services as well as its approach for implementing government IT projects are both unable to dovetail with the development of the local innovation and technology industry. In this connection, will the Government inform this Council:
  • (1)given that while the Government currently awards its IT contracts to contractors in accordance with the Standing Offer Agreement for Quality Professional Services, there are views that the number of such contracts awarded to local small and medium enterprises ("SMEs") accounts for a low percentage of the total number of contracts, whether the authorities will, in addition to implementing the existing enhancement measures of splitting large-scale IT projects into multiple small projects and lowering the tender and contract deposits, study and consider the implementation of more enhancement measures in order to encourage SMEs to bid for such contracts and enhance their successful rates; if they will, of the details; if not, the reasons for that;

    (2)given that the Innovation and Technology Fund ("ITF"), under the Innovation and Technology Commission, launched the Public Sector Trial Scheme ("Trial Scheme") in 2011 whereby additional funding is provided to completed research and development ("R&D") projects funded by ITF for the production of tools, prototypes or samples and the conducting of trials in public organizations, with a view to promoting the realization and commercialization of the R&D results, whether the authorities will consider expanding the scope of the Trial Scheme to include the R&D projects not funded by ITF and allow more organizations (such as private organizations) to participate in the trials of the tools, prototypes or samples; if they will, of the details; if not, the reasons for that; and

    (3)whether it will make reference to the experience of other countries and provide local SMEs in various industries with innovation and technology vouchers, so as to encourage them to procure the relevant products and services (including cloud services and data analyses), thereby promoting the development of the innovation and technology industry; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Innovation and Technology

6. Hon WONG Yuk-man to ask: (Translation)


It has been reported that in recent months, someone made repeated calls to the government hotline 1823 complaining about offences, such as storage of dangerous goods, operation of a clubhouse without a licence and illegal gambling, in the offices of an educational institution, an online media organization and a cultural services organization. Although the relevant government departments confirmed after investigation that all of the complaints were totally groundless, such investigations nonetheless had seriously disturbed the daily operation of those organizations. It is learnt that the complaints originated from the same telephone number and were lodged anonymously. Also, some of the calls reported in one go several offences about the same organization, resulting in several government departments sending personnel to the organization concerned to conduct investigation. In this connection, will the Government inform this Council:
  • (1)given that the Office of The Ombudsman, Hong Kong does not accept anonymous complaints, why the relevant government departments accepted the aforesaid anonymous complaints lodged through the government hotline 1823; and

    (2)whether it has measures in place to prevent the aforesaid abuse of the government hotline 1823; if it does, of the details; if not, the reasons for that?
Public Officer to reply : The Chief Secretary for Administration

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


Some members of the public have relayed to me that the provision of drinking fountains in public places not only brings convenience to members of the public but also helps reduce plastic waste generated from beverage bottles. While drinking fountains for public use are currently provided in some of the government buildings, sports venues and parks, they may not necessarily supply both hot and cold water to cater for the needs of some members of the public. On the other hand, shopping malls in which drinking fountains are provided are rare in number, and no drinking fountain is provided in any MTR station. In this connection, will the Government inform this Council:
  • (1)whether it knows the respective numbers of drinking fountains currently provided for public use in various types of venues under the Government and public organizations (including hospitals and clinics under the Hospital Authority, MTR stations, universities, secondary schools, primary schools, and teaching and learning facilities of the Vocational Training Council) as well as the respective percentages of such numbers in the total number of drinking fountains and, among these drinking fountains, the respective numbers of those which supply both hot and cold water; whether the Government has compiled statistics on the total number of drinking fountains currently provided for public use in various shopping malls as well as the number of those which supply both hot and cold water; of the public expenditure incurred on the provision of drinking fountains and their recurrent costs in the past five years;

    (2)in the past five years, of the number of waste plastic beverage bottles across the territory, the carbon emission from the manufacturing process of plastic beverage bottles, and the economic loss incurred as a result of the environmental pollution caused by the manufacture and dumping of plastic beverage bottles; whether it has gauged the number of waste plastic beverage bottles and carbon emission that can be reduced per year respectively with the provision of drinking fountains in the premises mentioned in (1); and

    (3)whether, in the past five years, the authorities regularly took water samples from the drinking fountains in various government facilities and shopping malls for conducting laboratory tests to see if the quality of the drinking water supplied by such drinking fountains conformed to the Guidelines for Drinking-water Quality of the World Health Organization; if they did, of the outcome; if not, the reasons for that, and the measures the authorities have in place to ensure that the quality of such drinking water conforms to the aforesaid guidelines?
Public Officers to reply:Secretary for Development
Under Secretary for the Environment
Under Secretary for Development

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


On 25 October this year, a high speed craft departing from Macao for Hong Kong was suspected to have collided with some floating objects in the waters off Siu A Chau and lost power. That incident, which caused 124 injuries, has once again aroused public concern about the authorities' capability for providing maritime ambulance services. In this connection, will the Government inform this Council:
  • (1)of the number of maritime safety incidents which occurred within Hong Kong waters in the past five years, as well as the number of persons injured in such incidents and taken to the hospital for treatment; in those maritime incidents involving over 10 injuries (including the Lamma Island vessel collision accident and the aforesaid incident), the respective time lapsed from the receipt of the report of the incident to the delivery of the last injured person to the hospital for treatment, and the emergency ambulance services received by the injured persons in the course of delivery; whether there were cases in which deaths were caused by the delayed delivery of the injured persons to the hospital for treatment;

    (2)of the details of the ambulance service arrangements currently applicable to major maritime incidents, including the routes and the means of transport to be used for conveying the injured persons to the hospital; the respective numbers of injured persons who can be handled per trip respectively by various means of transport, and the time needed; whether healthcare personnel can perform emergency surgeries for seriously injured persons on board such means of transport; and

    (3)given the increasingly hectic marine traffic, whether the authorities will consider afresh the suggestion repeatedly made by me and a member of the Island District Council for establishing a dedicated ambulance launch fleet?
Public Officer to reply : Secretary for Security

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


It has been reported that between June last year and September this year, the Immigration Department ("ImmD") uncovered 6 000-odd cases of possible abuse of the arrangement for premature termination of contracts for change of employers (commonly known as "job-hopping") by foreign domestic helpers ("FDHs") and, among such cases, ImmD refused 500-odd applications for change of employer. Some concern groups have pointed out that one in every five employers of FDHs indicated that they had encountered the problem of job-hopping by FDHs. Quite a number of employers are of the view that as the existing legislation and arrangements have failed to protect their rights, it is imperative for the Government to amend the relevant legislation. In this connection, will the Government inform this Council:
  • (1)whether it has reviewed if the existing arrangements are effective in deterring FDHs from job-hopping and whether it will consider amending the relevant arrangements to enhance the protection for employers, such as stipulating that FDHs are required to pay their own costs of returning to home countries in case of premature termination of contracts without justifiable reasons, and that employment visas will not be issued to those FDHs who have repeatedly changed their employers within a year; if it will, of the details; if not, the reasons for that;

    (2)as some employers have pointed out that under the existing Standard Employment Contract, they are required to provide their FDHs with free passages and air tickets from Hong Kong to their places of domicile even if their FDHs have committed criminal offences such as theft, prostitution, drug trafficking, etc. or have made serious mistakes which render them unable to fulfill their contracts, whether the Government has reviewed if that provision is fair to employers and whether it will consider amending such provision; if it will, of the details; if not, the reasons for that; and

    (3)as it has been reported that some unscrupulous FDH employment agencies ("EAs") have abetted FDHs to deliberately perform badly with the intent of inducing their employers to take the initiative to dismiss them so that such FDHs can obtain one month's wages in lieu of notice as well as free passages and air tickets to return to their places of domicile while EAs can receive intermediary fees from the new employers of FDHs, whether the Government will step up its regulation on EAs, including disclosing the names of those EAs which have placed a number of job-hopping FDHs, as well as stipulating a heavier penalty for abetting FDHs to violate the law so as to enhance the deterrent effect; if it will, of the details; if not, the reasons for that?
Public Officers to reply:Secretary for Labour and Welfare
Secretary for Security

*10. Hon Frankie YICK to ask: (Translation)


The Central-Mid-Levels Escalator and Walkway System ("CML Escalator System") was commissioned in 1993. The Government built the CML Escalator System with the aim of encouraging members of the public to walk and relieving the pressure on the road traffic in the Mid-Levels. It is learnt that the Government originally planned to build six similar escalator systems at the time but eventually completed only the CML Escalator System due to the excessively high construction costs. In this connection, will the Government inform this Council:
  • (1)of the number of average daily person-times using the CML Escalator System in each of the past 10 years;

    (2)whether it has assessed the effectiveness of the CML Escalator System in alleviating traffic congestion within the district; if it has, of the details; if not, the reasons for that;

    (3)given that the Government has planned to conduct refurbishment works for the CML Escalator System in phases starting from 2017, and some members of the public are concerned about the inconvenience caused to them when the CML Escalator System breaks down or is under maintenance, coupled with the fact that the utilization of the CML Escalator System has almost reached saturation, whether the authorities will consider building another escalator system in the same district; if they will, of the details; if not, the reasons for that; and

    (4)of the details of the other five escalator systems which were originally planned to be built; whether the authorities have plans to restart the plan concerned; if they do, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

*11. Hon CHUNG Kwok-pan to ask: (Translation)


Recently, a member of the public has complained to me that the operation he underwent at Yan Chai Hospital under the Hospital Authority ("HA") a few years ago had adverse effects and he subsequently lodged complaints repeatedly with HA, but to no avail. He also said that he received a written reply only or even no reply after each complaint, and no healthcare personnel had ever explained to him face-to-face. As a result, both he and his family members experienced emotional distress. Regarding the handling of complaints by HA, will the Government inform this Council:
  • (1)whether it knows the number of complaints received by HA from patients and the number of cases in which the complainants appealed to HA's Public Complaints Committee ("PCC") against the outcome of the handling of their complaints, in each of the past three years, with a breakdown by the public hospital concerned and content of the complaint; whether there was an upward trend for such numbers of complaints in the past three years; if so, whether HA has looked into the reasons for that, and whether HA will review the quality of healthcare services provided by public hospitals;

    (2)given that at present, the target response time for complaints by public hospitals is within six weeks (for complex cases, within three months), while that by PCC is within three to six months, whether it knows the respective average and longest times taken by public hospitals and PCC to respond to complaints in each of the past three years; of the reasons why some cases took longer time to respond; whether HA will take measures to shorten the response time for complaints;

    (3)whether it has reviewed its publicity for the existing channels available for lodging complaints about services provided by public hospitals; whether it will step up such publicity, and provide more complaint channels; and

    (4)whether it knows if HA will review the procedure for PCC to handle complaints and improve HA's approach for communicating with complainants, including handling complaints in a more humane manner, e.g. in addition to giving a simple written reply to the complainant, arranging a doctor to meet with the complainant to explain the situation relating to the complaint, so as to avoid the complainant experiencing emotional distress due to the feeling that his complaint has not been seriously handled; if HA will review, of the details; if HA will not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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


Recently, some members of the public have relayed to me that quite a number of public housing estates currently lack barrier-free access and facilities (e.g. lifts, escalators, footbridges and ramps), causing inconvenience to residents with impaired mobility. In this connection, will the Government inform this Council:
  • (1)of the names and locations of the public housing estates where addition or modernization works in relation to barrier-free access and facilities commenced in or after 2011 and have been completed, as well as the items covered by the works concerned (set out in a table); and

    (2)of the names and locations of the public housing estates where addition or modernization works in relation to barrier-free access and facilities are in progress or planned to be carried out, the items covered by the works concerned as well as the dates on which the works commenced/anticipated to commence and anticipated to be completed (set out in a table)?
Public Officer to reply : Secretary for Transport and Housing

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


Long-distance running is gaining popularity in Hong Kong and the number of participants in the Hong Kong Marathon increases every year. However, a study report reveals that from 2002 to 2012, nine participants suffered from seizure of cardiovascular diseases during the Hong Kong Marathon races and two of them failed resuscitation. Also, a 24-year-old participant died of cardiac arrest during the 10-kilometre race this year. In view of this, the LI Ka Shing Faculty of Medicine of the University of Hong Kong will conduct pre-participation screenings for subclinical cardiovascular diseases for first-time marathon participants free of charge for a period of three years with a view to reducing the morbidity and mortality of cardiovascular diseases among marathon participants. Regarding the safety arrangements for marathon races, will the Government inform this Council:
  • (1)whether it knows if the Hong Kong Amateur Athletic Association ("HKAAA"), organizer of the Hong Kong Marathon, compiled statistics in the past 10 years on participants suffering from seizure of cardiovascular diseases during the races; if HKAAA did, set out in a table the following information: (i) the number of persons receiving on-site first aid, (ii) the number of persons sent to hospitals for treatment, (iii) the number of persons injured (broken down by cause and age distribution) and (iv) the number of deaths (broken down by cause and age distribution); if not, of the reasons for that;

    (2)given that there are views that marathon races have high demands on the physical fitness of runners and the organizer of marathon races should therefore set high thresholds for participation in the races, whether the authorities will (i) require HKAAA to raise the thresholds for participating in the races, including setting an age limit and the requirement to complete specified pre-participation training for participants, and (ii) encourage participants of full or half marathon races to undergo pre-participation screening for subclinical cardiovascular diseases to reduce the risk of seizures during the races; whether the authorities will provide free pre-participation screenings for subclinical cardiovascular diseases for participants from higher risk groups as well as step up publicity efforts to enhance participants' awareness of the need to undergo appropriate physical check-up before the races; if they will, of the details; if not, the reasons for that; and

    (3)whether it knows if HKAAA will enhance the first aid facilities and equipment currently provided during marathon races, including setting up additional first aid stations and deploying more healthcare personnel of various disciplines, as well as reviewing and making available on site more medical equipment with upgraded specifications; if HKAAA will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

*14. Hon Abraham SHEK to ask:


The Committee on Free Kindergarten Education pointed out in a report published this year that as it is important to facilitate early integration of non-Chinese speaking ("NCS") children into the local education system and community, parents of NCS children are encouraged to send their children to local kindergartens ("KGs") for early exposure to the Chinese language in an immersed language environment. Yet, about 4% of KGs under the Pre-primary Education Voucher Scheme ("PEVS") have admitted NCS students accounting for 50% or above of their total enrolment. It is argued that the learning environment in such KGs is not conducive to NCS students' learning of the Chinese language, rendering them difficult to integrate into mainstream primary schools later on. In connection with NCS students' learning in KGs, will the Government inform this Council:
  • (1)whether it knows the respective numbers of students and NCS students in KGs in each of the past three years, with a breakdown by type and funding mode of KGs;

    (2)whether it knows the respective numbers of PEVS KGs with NCS students accounting for (i) 50% or less; (ii) 51 to 60%; (iii) 61 to 70%; (iv) 71 to 80%; (v) 81 to 90% and (vi) over 90% of their total enrolment;

    (3)whether the Government received any complaint in the past three years about KGs conducting admission interviews in Cantonese; if it did, of the number and the details; whether it has assessed if such an arrangement has placed NCS children in an unfair and unfavourable position for securing admission thereby contravening the Race Discrimination Ordinance (Cap. 602); if it has assessed and the outcome is in the affirmative, of the details and the respective numbers of KGs requested to take rectification actions; if the assessment outcome is in the negative, the reasons for that; whether the Government has measures in place to facilitate parents of NCS children in accessing the admission requirements of KGs and the relevant information in the notices published in Chinese by KGs; if it does, of the details; if not, the reasons for that; and

    (4)whether the professional development programmes organized by the Education Bureau for KG teachers cover topics on cultural sensitivity and the learning needs of NCS students; if they do, whether all KG teachers are required to attend programmes on such topics; if not, of the reasons for that?
Public Officer to reply : Secretary for Education

*15. Hon James TIEN to ask: (Translation)


In recent years, several infrastructure projects in Hong Kong, such as the Hong Kong-Zhuhai-Macao-Bridge Hong Kong Boundary Crossing Facilities and Hong Kong Link Road projects ("the Hong Kong Section project"), have experienced cost overruns and delays, and labour shortage in the construction industry is one of the causes for such situation. In this connection, will the Government inform this Council:
  • (1)whether it has compiled statistics on the respective current shortfalls of construction workers for various infrastructure projects (including the Hong Kong Section project); if it has, of such figures broken down by name of project and type of trade;

    (2)whether it has assessed if the labour shortage in the construction industry aggravated the situation of cost overruns and delays in various infrastructure projects in the past five years; if it has assessed and the outcome is in the affirmative, of the details; if the assessment outcome is in the negative, the reasons for that;

    (3)when the authorities first became aware that the labour shortage in the construction industry had affected the progress of the Hong Kong Section project, and whether they have assessed the extent to which the works progress has been affected;

    (4)whether it has taken any remedial measures to expedite the progress of the Hong Kong Section project; if it has, of the details, including whether it has assessed the effectiveness of such measures; if not, the reasons for that;

    (5)whether it has plans to introduce targeted measures to effectively address the long-standing problem of labour shortage in the construction industry; if it does, of the details of the measures and the implementation timetable; if not, the reasons for that;

    (6)given that the Government implemented enhancement measures in April last year to expedite the preparatory work for applications, submitted by contractors for public sector works projects under the Supplementary Labour Scheme, for importing workers for the relevant trades with labour shortage, and it rolled out further enhancement measures in May this year, but the Chief Executive ("CE") admitted, when he attended the Question and Answer Session of this Council on 22 October this year, that the Government's efforts to address labour shortage in the construction industry was not remarkably effective, of the justifications for CE making such remarks; and

    (7)whether it has assessed if the introduction of a special labour importation scheme for public housing and infrastructure works projects, by making reference to the arrangements made by the authorities for the new airport and related works in the past, will help alleviate the situation of delays and cost overruns in various infrastructure projects; if it has assessed and the outcome is in the affirmative, when it will implement such a scheme?
Public Officer to reply : Secretary for Development

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


The Chief Executive stated in his 2014 Policy Address that the development moratorium at the south of Pok Fu Lam, i.e. the area close to Wah Fu Estate, would be lifted. This area would be used for public housing development and the future redevelopment of Wah Fu Estate, providing about 11 900 additional public rental housing ("PRH") and Home Ownership Scheme units. The authorities have said that in considering whether aged PRH estates should be redeveloped, the Hong Kong Housing Authority ("HA") would address the issue of the sustainability and redevelopment potential of the blocks in the estates concerned, in order to better utilize valuable land resources and to increase flat production. Regarding the redevelopment of aged PRH estates, will the Government inform this Council:
  • (1)of the specific work undertaken by HA in putting forward Wah Fu Estate's redevelopment programme since HA announced the programme; the latest details (including the timetable and planning for the redevelopment as well as the rehousing arrangements) of the redevelopment programme; the reasons why HA, almost two years since its announcement of the redevelopment programme, still has not announced the relevant details, and whether such reasons include the fact that the authorities had strained themselves to make the announcement to show the Chief Executive's determination to increase housing supply, even though the preparatory work for the redevelopment programme was not completed when the redevelopment programme was announced in the Policy Address; apart from Wah Fu Estate's redevelopment programme and among the estates to be redeveloped as announced by HA in the past 10 years, of the estates the details of the redevelopment programmes of which had yet to be announced two years after the announcement of the redevelopment programmes concerned;

    (2)of the latest progress of the review of the redevelopment of aged PRH estates conducted by the authorities; the updated list of estates with potential redevelopment values, and set out in a table the ages as well as the actual and permitted maximum plot ratios of such estates;

    (3)of the estates that the authorities are currently planning or will consider to redevelop, and whether they will commence the consultation with the local residents expeditiously; whether they have made an overall assessment as to how the redevelopment of aged PRH estates will facilitate an increase in the supply of public housing; and

    (4)why HA has not announced any specific programme for redeveloping PRH estates, apart from announcing the redevelopment programme for Wah Fu Estate in early 2014 which lacks substantial contents, since the redevelopment programmes for So Uk Estate, Tung Tau Estate Block 22 and Pak Tin Estate were announced in 2006, 2008 and 2012 respectively?
Public Officer to reply : Secretary for Transport and Housing

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


Recently in a speech he made, a former permanent judge of the Court of Final Appeal cited several cases to illustrate that the judicial review mechanism had been abused. Besides, some newspaper commentaries have opined that politics and the laws should not be tangled with each other, and that only when the judicial review mechanism is put to sensible and proper use can it effectively check against government policies breaching the law and thereby achieve the objectives of maintaining the rule of law and good governance for the community. The mechanism should not be used as a means to deliberately impede the implementation of government policies and to hinder the commencement of infrastructure projects, thereby imposing an unwarranted cost on society. In this connection, will the Government inform this Council:
  • (1)whether it has, in light of or with regard to the aforesaid views, reviewed the judicial review mechanism and the threshold for approving legal assistance applications involving judicial review cases; if it has, of the details; if not, the reasons for that;

    (2)as it has been reported that the incumbent Secretary for Justice indicated upon assuming office in 2012 that on the premise that the threshold for judicial review should be determined by judges, reviews could be conducted to explore the feasibility of further enhancing the judicial review mechanism in terms of legal perspectives and execution, of the progress of the relevant reviews and their anticipated completion time; and

    (3)whether it has reviewed if the increase in the number of judicial review cases in recent years is attributable to the following situation: as there are deficiencies in Hong Kong's political system and the Government have made mistakes from time to time in the approach, strategies and attitudes adopted for implementing its policies, quite a number of disputes cannot be resolved by political means, resulting in politicians from the pan-democratic parties and environmental groups (as pointed out by a local newspaper) taking an alternative approach of lodging judicial reviews repeatedly, in the hope that they will win in the disputes through lodging judicial reviews; if it has, of the details; if not, the reasons for that?
Public Officer to reply : The Secretary for Justice

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


It has been reported that some self-financing post-secondary institutions ("institutions") will cease to operate some or even all of their sub-degree programmes in the 2016-2017 academic year, while some institutions will offer afresh those sub-degree programmes which have ceased to operate. On the other hand, some institutions intend to raise the tuition fees of their sub-degree programmes. Regarding the number of places and tuition fees of sub-degree programmes, will the Government inform this Council:
  • (1)whether it knows the names of those sub-degree programmes (i) which were offered/are planned to be offered, and (ii) which ceased operation /are planned to cease operation in respect of each institution in each of the academic years of 2014-2015, 2015-2016 and 2016-2017, as well as the number of places of each of such programmes, with a breakdown by name of institution;

    (2)whether it knows the tuition fees of the sub-degree programmes offered by various institutions in each of the past two academic years and this academic year and their year-on-year adjustment rates, with a breakdown by name of institution and name of sub-degree programme;

    (3)given that the number of secondary school leavers will show a downward trend in the coming few years, whether the authorities will, in vetting and approving the applications made by institutions for offering sub-degree programmes and adjusting tuition fees, consider the possible impacts of the decline in student population on the number of places and tuition fees of those programmes; if they will, whether the authorities will include such considerations in the vetting and approval criteria; if not, of the reasons for that; and

    (4)whether it has studied and assessed the specific impact of the reduction in sub-degree programmes by institutions on the supply of manpower resources in Hong Kong; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Education

*19. Hon KWOK Wai-keung to ask: (Translation)


It has been reported that the artificial turfs, sports ground tracks and playground rubber mats in a number of sports and recreation venues under the Leisure and Cultural Services Department ("LCSD") have used surfacing materials with waste tyre rubber granules as fillers. As such rubber granules contain heavy metals and styrene-butadiene rubber, a kind of carcinogenic chemical, the United States Department of Health and Human Services has classified the materials as carcinogens since 2011. Regarding the safety of the surfacing materials used in sports and recreation venues, will the Government inform this Council:
  • (1)of the sports and recreation venues under LCSD which have used surfacing materials with waste tyre rubber granules as fillers; regarding the waste tyre rubber granules in such surfacing materials, whether it knows (i) their places of origin, and (ii) the percentage of those from local origin; whether LCSD, in procuring surfacing materials or carrying out the relevant works, has requested the suppliers or contractors to submit test reports confirming compliance of those materials with the relevant international safety standards;

    (2)given that some researchers have pointed out that when the protective layer of the surfacing materials is damaged, there is a higher chance for users of the sports and recreation venues to come into contact with the rubber granules in the surfacing materials, how LCSD arranges for the repair and maintenance of the surfacing materials in its sports and recreation venues; of the number of works carried out by LCSD in the past 10 years to replace damaged surfacing materials and the expenditures incurred; and

    (3)given that at present, some countries have banned the use of surfacing materials with waste tyre rubber granules as fillers in their sports and recreation venues, and it has also been reported earlier that the sand granules procured by LCSD for turf pitch levelling works not only did not match their specifications and were of poor quality, but were also tainted with shells and rubble, whether the authorities will devise standards for the composition, quality, safety and impurities of the surfacing materials used in various sports and recreation venues under LCSD; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

*20. Hon CHEUNG Kwok-che to ask: (Translation)


At present, the Police Force Ordinance (Cap. 232) confers police officers powers to search and seize properties. In this connection, will the Government inform this Council:
  • (1)among the persons apprehended by police officers in each of the past five financial years,

    (i)of the respective numbers of those the information in whose phones, computers and other electronic devices (broken down by type) was inspected by police officers (set out in Table 1);

    Table 1

    Financial Year Numbers of apprehended persons the information
    in whose devices, as set out below, was inspected
    Phones Computers Other electronic devices
    2010-2011    
    2011-2012    
    2012-2013    
    2013-2014    
    2014-2015    


    (ii)of the respective numbers of those whose phones, computers and other electronic devices (broken down by type) were seized by police officers (set out in Table 2); and

    Table 2

    Financial Year Numbers of apprehended persons
    whose devices, as set out below, were seized
    Phones Computers Other electronic devices
    2010-2011    
    2011-2012    
    2012-2013    
    2013-2014    
    2014-2015    


    (iii)of the respective numbers of those whose phones, computers and other electronic devices (broken down by type) were seized by police officers under the warrants issued by Magistrates (set out in Table 3); and

    Table 3

    Financial Year Numbers of apprehended persons whose devices,
    as set out below, were seized under warrants
    Phones Computers Other electronic devices
    2010-2011    
    2011-2012    
    2012-2013    
    2013-2014    
    2014-2015    


    (2)of the Police's existing procedures and guidelines for handling the aforesaid seized electronic devices; the respective procedures and guidelines for handling the personal data stored in such devices that are related and unrelated to the cases in question; whether any time limit has been set with respect to the impoundment of such devices; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

*21. Hon LEUNG Che-cheung to ask: (Translation)


It has been reported that in recent years, some people who are not registered veterinary surgeons ("non-RVSs") have used the Chinese medicine approach (including the prescription of Chinese medicines and the use of acupuncture and moxibustion) to provide diagnosis and treatment of animals, and medicines and health food products containing Chinese medicines for the treatment of animals are also available for sale on the market. Besides, proprietary Chinese medicines used for the treatment of animals are not subject to the regulation of the Chinese Medicine Ordinance (Cap. 549). Regarding the regulation of the provision of veterinary services and the sale of proprietary Chinese medicines for the treatment of animals, will the Government inform this Council:
  • (1)of the number of convictions relating to illegal provision of veterinary services in each of the past three years and the penalties imposed on those convicted by the court;

    (2)of the existing channels through which the public may report cases in which non-RVSs use the Chinese medicine approach to provide diagnosis and treatment of animals;

    (3)at present, how the public can find out whether a registered veterinary surgeon ("RVS") who uses the Chinese medicine approach to provide diagnosis and treatment of animals has received the relevant professional training; whether the authorities will consider regulating the use of Chinese medicine approach to provide diagnosis and treatment of animals by RVSs;

    (4)whether it will consider regulating (i) proprietary Chinese medicines for the treatment of animals and (ii) health food products containing Chinese medicines for consumption by animals; if it will, of the details; if not, the reasons for that; and

    (5)as I have learnt that the Continuing Professional Development Programme implemented by the Veterinary Surgeons Board of Hong Kong ("VSB") for RVSs is only voluntary in nature, and that VSB does not require veterinary surgeons to make public the continuing professional courses in which they have enrolled, hence rendering it difficult for the public to know whether veterinary surgeons have kept their professional qualifications abreast of the times, whether the authorities will consider requesting VSB to make improvements in this respect, so as to facilitate the public's understanding of the professional qualifications of veterinary surgeons; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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


I have learnt that if students and newly recruited teachers who are about to assume duty and not yet entitled to the protection under the Employees' Compensation Ordinance (Cap. 282) have an accident while they are participating in the activities organized by aided schools, they may make claims against public liability insurance ("PLI") under the Block Insurance Policy ("BIP") taken out by the Education Bureau ("EDB") for aided schools, with the amount of compensation capped at HK$100 million for any one occurrence. However, some victims injured in such accidents have relayed to me that the successful rate of PLI claims is very low because of the difficulties in proving that the accidents have been caused by negligence on the part of the schools and the narrow benefit coverage of BIP (e.g. compensation is only awarded for serious accidents such as those causing death or trauma as a result of negligence on the part of the schools concerned). They therefore query that BIP has failed to serve the intended purpose of providing protection for participants of school activities. It is learnt that some schools have taken out additional accident insurance policies with more comprehensive benefit coverage (covering accidents not caused by negligence on the part of the schools) for their students with a view to enhancing the protection for them. In this connection, will the Government inform this Council:
  • (1)of the premium paid and the related expenses incurred by EDB for taking out BIP in each of the past five school years;

    (2)whether it knows, in each of the past five school years, the number of PLI claims and, among such claims, the number and percentage of those in respect of which compensation was awarded by the insurance companies, the total amount of compensation paid by insurance companies, as well as the respective highest and lowest amounts of compensation involved;

    (3)whether it knows the number of aided schools which have taken out additional accident insurance policies for their students at present, and the percentage of such number in the total number of aided schools across the territory; and

    (4)whether it will take out BIP which contains PLI with wider coverage and laxer terms of compensation in future in order to enhance the protection for students and teachers; if it will, of the details, and whether it will consult relevant members of the education sector on the matter; if not, whether EDB will take out new and additional insurance policies in order to enhance the protection for people, particularly students, who are injured while participating in school activities?
Public Officer to reply : Secretary for Education

*23. Hon Kenneth LEUNG to ask: (Translation)


At the end of last month, the Queen's College removed, without prior announcement, a decades-old candlenut tree located on its campus, adjacent to the entrance of the car park at Causeway Road. The incident has aroused media and public concerns, and some members of the public have queried such an approach adopted by the school. Regarding the management and maintenance of trees, will the Government inform this Council:
  • (1)whether the lease for the lot on which the Queen's College sits contains a tree preservation clause; if so, whether the school had applied to the Lands Department and obtained its approval or had notified the Department before it removed the aforesaid candlenut tree;

    (2)of the criteria and considerations based on which the Government decides whether or not to include a tree preservation clause in the lease concerned when granting a plot of government land;

    (3)of the current number of land leases which contain a tree preservation clause, as well as the number and locations of the land lots concerned;

    (4)among the leased lots mentioned in (3), of the lots with one or more trees listed in the Tree Register and the number of such trees on each of these lots, together with a breakdown by category of trees (i.e. (i) old and valuable tree ("OVT"), (ii) stonewall tree, (iii) OVT & stonewall tree, and (iv) tree which requires continuous monitoring);

    (5)whether there is currently any legislation governing the professional qualifications of the contractors responsible for inspecting tree conditions; if there is, of the details; if not, the reasons for that; and

    (6)given that Chapter 6 of the Report No. 63 of the Director of Audit has pointed out that there is room for improvement in the efforts of the Tree Management Office ("TMO") in co-ordinating the work of tree management departments (in particular, there are grey areas relating to the delineation of maintenance responsibilities of roadside trees among different tree management departments, and TMO should co-ordinate more effectively the relevant work carried out by the departments other than the nine major tree management government departments), whether the Government will consider upgrading TMO to a government department dedicated to the management and maintenance of trees across the territory; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

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


Two of the targets set out in the Hong Kong Blueprint for Sustainable Use of Resources published by the Government in 2013 are to reduce the per capita municipal solid waste ("MSW") disposal rate from 1.27 kg per day in 2011 to 0.8 kg or less per day in 2022, and to raise the waste recycling rate from 48% in 2011 to 55% in 2022. On the other hand, with the economic downturn of the Mainland in recent years, the demand for recyclable materials has declined drastically, causing the prices of waste plastics, paper and metals to have dropped by 40%, 30% and 80% respectively. It is learnt that quite a number of plastic recyclers have stopped buying waste plastics, resulting in large quantities of waste plastics being sent to landfills for disposal. Regarding the recycling of waste, will the Government inform this Council:
  • (1)of the average recycling rate and disposal rate of waste plastics from last year to the first half of this year; the respective average recycling rates and disposal rates of waste paper and metals in each of the past five years;

    (2)of the respective quantities and export prices of waste plastics, paper and metals exported from Hong Kong to the Mainland in each of the past five years;

    (3)of the respective quantities of waste plastics, paper and metals recycled as useful materials in Hong Kong in each of the past five years;

    (4)whether it has examined if the quantity of waste sent to various landfills for disposal in recent months has been on the increase; if it has, of the details, and the quantity of waste which can be recycled among such waste;

    (5)given that it is learnt that the refuse rooms of some housing estates are often piled with large quantities of recyclable waste plastics, whether the authorities have looked into such situation; if they have, of the details, and whether they have received complaints from members of the public in this regard; if they have not looked into it, the reasons for that;

    (6)given that the authorities are progressively implementing the scheme of Community Green Stations to promote environmental education to different sectors of the society and assist communities in the recycling of different types of materials, whether the authorities have drawn up targeted recycling rates and quantities for various types of waste; if they have, of the details; if not, the reasons for that;

    (7)given that according to the Hong Kong Blueprint for Sustainable Use of Resources, the Government would roll out stakeholder engagement exercises and commence law drafting for MSW charging during the period from 2013 to 2015, of the current progress of the relevant work (including the implementation timetable for the stakeholder engagement exercises for MSW charging);

    (8)given that all along there has not been any marked increase in the waste loads collected by three-colour waste separation bins placed in various districts over the years, whether the authorities will consider placing more of such bins in various districts; whether they will consider following the practices of some countries and placing only two types of rubbish bins in public places to collect recyclable waste and non-recyclable waste, so as to facilitate the disposal of recyclable waste by members of the public; if they will, of the details; if not, the reasons for that;

    (9)given that even though the Environment Bureau introduced a Recycling Fund involving $1 billion in October this year to assist the recycling industry in upgrading its operational capabilities and efficiency, in order to promote the sustainable development of the recycling industry, the first batch of funds will not be granted until March next year, whether the authorities have short-term measures to help recyclers cope with their operational difficulties before the funds are granted; if they do, of the details; if not, the reasons for that; and

    (10)whether it will consider following the practices of neighbouring regions (such as Taiwan) and establishing a complete industry chain for the recycling industry (including the implementation of quantity-based charging for waste treatment and subsidizing the recycling industry with the income so collected); if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

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


The Chief Executive ("CE") of the last term announced on 26 February 2012 the establishment of the Independent Review Committee for the Prevention and Handling of Potential Conflicts of Interests ("the Committee"), chaired by the retired Chief Justice of the Court of Final Appeal. The Committee was responsible for reviewing the regulatory systems for the prevention of conflicts of interests concerning CE, Non-Official Members of the Executive Council ("ExCo"), and Officials under the Political Appointment System (politically appointed officials or "PAOs"). The Committee submitted its report on 31 May 2012, putting forward 36 recommendations. In reply to my question on 26 November last year, the authorities indicated that they had implemented more than half of the recommendations of the Report. In this connection, will the Executive Authorities inform this Council:
  • (1)as the aforesaid recommendations put forward by the Committee include the following: (i) the PAO Register of Gifts should be renamed the PAO Register of Advantages and should cover the relevant advantages received by a PAO with their estimated values indicated, and (ii) the CE Register of Advantages, the PAOs' Registers of Advantages, and ExCo Members' declarations of gifts and sponsorships should be made accessible on the relevant web sites, in so far as they are not at present, whether the Government has already implemented these two recommendations; if it has, of the details; if not, the reasons for that; and

    (2)of the other recommendations of the Committee which have yet to be implemented by the Government, and the reasons why such recommendations have yet to be implemented?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

* For written reply

IV. Bills



First Reading

1.Eastern Harbour Crossing Legislation (Amendment) Bill 2015

2.Inland Revenue (Amendment) (No. 4) Bill 2015

3.Electoral Legislation (Miscellaneous Amendments) (No. 2) Bill 2015

4.Fire Services (Amendment) Bill 2015

Second Reading (Debate to be adjourned)

1.Eastern Harbour Crossing Legislation (Amendment) Bill 2015

:Secretary for Transport and Housing

2.Inland Revenue (Amendment) (No. 4) Bill 2015

:Secretary for Financial Services and the Treasury

3.Electoral Legislation (Miscellaneous Amendments) (No. 2) Bill 2015

:Secretary for Constitutional and Mainland Affairs

4.Fire Services (Amendment) Bill 2015

:Secretary for Security

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

1.Copyright (Amendment) Bill 2014:Secretary for Commerce and Economic Development
Under Secretary for Commerce and Economic Development


(i)Secretary for Commerce and Economic Development to move Committee stage amendments

(The amendments were issued on 18 November 2015
under LC Paper No. CB(3) 153/15-16)

(ii)Hon CHAN Kam-lam to move Committee stage amendments

(The amendments were issued on 7 December 2015
under LC Paper No. CB(3) 219/15-16)

(iii)Hon WONG Yuk-man to move Committee stage amendments

(The amendments were issued on 7 December 2015
under LC Paper No. CB(3) 220/15-16)

(Debate and voting arrangements for Committee stage of the Copyright (Amendment) Bill 2014 (issued on 8 December 2015 under LC Paper No. CB(3) 227/15-16(01)))

2.Bankruptcy (Amendment) Bill 2015:Secretary for Financial Services and the Treasury

Secretary for Financial Services and the Treasury to move Committee stage amendments

(The amendments were issued on 9 December 2015
under LC Paper No. CB(3) 230/15-16)

(Debate and voting arrangements for Committee stage of the Bankruptcy (Amendment) Bill 2015 (issued on 15 December 2015 under LC Paper No. CB(3) 252/15-16(01)))

V. Members' Motions



1.Proposed resolution under section 34(4) of the Interpretation and General Clauses Ordinance

Hon CHAN Kam-lam to move the following motion:

Resolved
that in relation to the Securities and Futures (Contracts Limits and Reportable Positions) (Amendment) Rules 2015, published in the Gazette as Legal Notice No. 228 of 2015, and laid on the table of the Legislative Council on 25 November 2015, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 13 January 2016.

2.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. 8/15-16 of the House Committee laid on the Table of the Council on 16 December 2015 in relation to the subsidiary legislation and instrument(s) as listed below:

Item NumberTitle of Subsidiary Legislation or Instrument

(1)Census and Statistics (2016 Population Census) Order (L.N. 208/2015)

(2)Fifth Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences (S.S. No. 5 to Gazette No. 43/2015).

Public Officers to attend:Secretary for Financial Services and the Treasury (Item Number (1))
Secretary for the Environment (Item Number (2))

3.Actively studying the establishment of a middle class commission

Hon Tommy CHEUNG to move the following motion:
(Translation)

That this Council requests the Government to actively study the establishment of a middle class commission.

Amendments to the motion
(i)Hon Frankie YICK to move the following amendment: (Translation)

To add "the middle class has always been an important force for maintaining social stability and promoting economic development, but in recent years, the long-standing concerns in the external economic environment, the seriously lopsided development of Hong Kong's industries, the short supply of housing, the polarization between the rich and the poor, and the never-ending political wrangling have caused the middle class to face problems of housing, taxation, education and healthcare, etc., and created a trend of downward mobility of the middle class; the Government's support for the middle class has all along been limited to one-off relief measures such as providing tax rebates, increasing tax allowances, exempting rates or offering electricity charge subsidies, etc., but these measures are just utterly inadequate for the middle class and have not practically alleviated their plight; in addition, as currently there is no precise definition of the middle class, and the Government does not regularly provide statistics and information specific to the middle class, if the authorities or community organizations use such information to formulate policies or measures to support the middle class, such policies or measures will very often be out of focus, biased and superficial; in this connection," after "That"; and to add "to comprehensively review the policies or measures relating to the middle class from a focused and higher-level perspective, so as to alleviate the various problems faced by the middle class and consolidate the strength of the middle class, thereby promoting afresh economic development and strengthening the momentum of upward mobility of the community as a whole; the relevant measures should include: Definition (1) to lay down a clear and precise definition of the middle class, and regularly publish relevant statistics in respect of the definition; Development of industries (2) to adopt a multi-pronged approach to promote diversified development of industries in Hong Kong, so as to create more jobs at the middle and senior levels as well as business start-up opportunities in various industries and professions; (3) to further strengthen regional economic development for integration with the economic development circles of different regions on the Mainland, so as to provide more and better career development opportunities for middle-class professionals within or outside the territory; Housing (4) to expedite the identification of land for developing new development areas, optimize the use of rock caverns and carry out reclamation on an appropriate scale outside Victoria Harbour, so as to increase the supply of residential land on all fronts; and to increase the transparency of the housing plans as well as the supply of and demand for residential land for the next 10 years, and conduct an interim strategic review of and make corresponding adjustment to the relevant plans every five years; (5) to actively study the exploitation of green belt areas and 'brownfield sites' for the purpose of residential development; (6) to introduce a tax allowance for rentals for the marginal middle class; Taxation (7) to adjust salaries tax downwards, in particular widening tax bands for salaries tax and lowering the marginal rate, so as to vigorously alleviate the burden of the marginal middle class; (8) to relax the restrictions on the dependent parent or dependent grandparent allowance by relaxing the eligibility requirement from living in the same unit to living in the same housing estate; Education (9) to introduce a tax allowance for children's education to alleviate the burden of children education expenses on middle-class families; (10) to substantially increase the salaries tax deduction for self-education expenses and the subsidy under the Continuing Education Fund; Healthcare (11) to provide tax deduction for medical insurance contributions; and (12) to provide tax deduction for medical examinations to encourage the middle class to undergo such examinations on a regular basis" immediately before the full stop.

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

To add "as the Government has disregarded the needs of the middle class over the years," after "That"; to delete "establishment of a" after "study the" and substitute with "concerns of the"; and to delete "commission" immediately before the full stop and substitute with ", which include: (1) raising the various tax allowances, including the basic allowance for individuals, married person's allowance as well as dependent parent allowance, and widening the tax bands for salaries tax and abolishing the standard rate for salaries tax, so that members of the public pay their salaries tax according to the marginal tax rate, thereby alleviating the tax burden on the middle class; (2) reintroducing the Sandwich Class Housing Scheme to increase the opportunities for the middle class to acquire homes; (3) increasing the numbers of days of paid maternity leave and paternity leave and introducing flexible working hours to perfect family-friendly policies and promote a culture of work-life balance; (4) reviewing the teaching quality of government and subsidized schools, and allocating additional resources for such schools to adopt the teaching mode of Direct Subsidy Scheme schools and the merits of International Baccalaureate programmes, so that children of middle-class families can enjoy quality education; (5) upholding local core values and combating corruption to rebuild a society with integrity and fairness, thereby providing the middle class with an environment with fair competition; and (6) formulating proposals for electing the Chief Executive and the Legislative Council by universal suffrage with equal rights to make nomination, to vote and to stand for election in an open, fair and impartial manner, with a view to forging a consensus on promoting democracy, thereby strengthening the middle class's sense of belonging to Hong Kong".

(iii)Hon Christopher CHEUNG to move the following amendment: (Translation)

To add "the middle class, despite being the mainstay of Hong Kong society, has to bear increasingly heavy livelihood and financial burdens and face pressures of downward mobility; in this connection," after "That"; to delete "actively study the establishment of" after "Government to" and substitute with "expeditiously establish"; and to add "to formulate permanent and focused policies and measures, with a view to alleviating the livelihood and financial burdens of the middle class and providing them with more opportunities for upward mobility and room for development" immediately before the full stop.

(iv)Dr Hon KWOK Ka-ki to move the following amendment: (Translation)

To add "as the Government's measures to assist the middle class in recent years have no merit worth mentioning, the middle class has been unable to resolve their livelihood difficulties; in this connection," after "That"; to delete "actively study the establishment of" after "Government to" and substitute with "expeditiously establish"; and to add "whose functions include studying the following matters: (1) immediately constructing subsidized housing on idle Government land and increasing the number of subsidized sale flats to provide the middle class with a home acquisition ladder, and to enable the middle class to purchase flats for self-occupation at reasonable prices; (2) expeditiously implementing 15-year free education and stepping up the regulation of Direct Subsidy Scheme schools to ensure that the tuition fees of such schools are set at a reasonable level, thereby alleviating the burden of children education expenses on middle-class families; (3) refraining from using a salary-based approach to define the scope of application of standard working hours to ensure that the middle class has more leisure time to enjoy life; and (4) stepping up the regulation of private hospitals, enhancing the service quality of public hospitals, allocating additional land for constructing private hospitals, and immediately abolishing the Drug Formulary system, so as to alleviate the healthcare burden on the middle class" immediately before the full stop.

(v)Hon Starry LEE to move the following amendment: (Translation)

To add ", as the middle class is the mainstay of society," after "That"; and to add "to cater for the interests of the middle class and respond to their different demands, as well as to create more opportunities for upward mobility to expand the ratio of the middle-class population, thereby enabling the society to develop in a sustainable, stable and harmonious manner" immediately before the full stop.

Public Officers to attend:Secretary for Financial Services and the Treasury
Under Secretary for Financial Services and the Treasury

4.Reconstructing the image of Hong Kong's tourism industry

Hon YIU Si-wing to move the following motion:
(Translation)

That according to the Third Quarter Economic Report 2015 published by the Government in November 2015, inbound tourism slackened further in the third quarter of 2015, and overall visitor arrivals to Hong Kong fell by 6.4% as compared to the same period last year, the first decline since the third quarter of 2009; the Report also points out that exports of travel services (covering visitors' spending on shopping, food and beverages, accommodation and entertainment, etc.) fell by 5.6% in real terms in the third quarter, and the average achieved hotel room rate also dropped by 13.1% as compared to the same period last year; as the share of tourists' shopping expenditure in retail sales value has been substantial (around 42% in 2014), the further slackening of inbound tourism has led to a decline in Hong Kong's total retail sales value for seven consecutive months this year, recording the longest downward trend over the past six years; this will also further affect Hong Kong's economy and employment; in this connection, this Council urges the Government to seriously review the reasons for the decline in visitor arrivals to Hong Kong, formulate corresponding measures and allocate additional resources to reconstruct the positive image of the tourism industry, with a view to preventing the continued decline in visitor arrivals to Hong Kong which will affect Hong Kong's economic development.

Amendments to the motion
(i)Hon TANG Ka-piu to move the following amendment: (Translation)

To add ", the tourism industry has all along brought a large number of middle-level and elementary job opportunities to the hotel, catering and transport sectors, etc.; however," after "That"; to add "to reverse the present development trend of the Hong Kong tourism industry, which emphasizes quantity rather than quality, so as" after "resources"; to delete ", with a view to preventing the continued decline in visitor arrivals to Hong Kong which will affect" after "tourism industry" and substitute with "and enable healthy development of the tourism industry, with a view to creating more job opportunities and promoting"; and to add "; the relevant measures should include: (1) to expeditiously establish a travel industry authority to centrally monitor travel agents, tour escorts and tourist guides; (2) to adopt decisive measures to combat the use of unscrupulous operation practices in the tourism sector such as 'zero/negative/low-fare' tours and coerced shopping, etc., and step up publicity among visitors to Hong Kong on the need for vigilance against those unscrupulous operation practices and on the channels for lodging complaints; and to examine regulating the proportion and duration of 'arranged shopping' in the daily itinerary of inbound tours from the Mainland; (3) to formulate an overall development strategy for the tourism industry, which should not only facilitate visitors in retail consumption, but also strengthen the development of exploration tourism, including local in-depth tourism, cultural tourism and eco-tourism, so as to attract visitors of different types (including visitors who are with high spending power, young or stay overnight) to Hong Kong; (4) to promote the development of tourism supporting facilities and scenic spots, such as home-stay lodgings, creativity bazaars and night markets, etc., and to amend existing legislation to support and dovetail with such development; (5) to improve the infrastructural facilities (including water and power supply facilities) and transport links on some outlying islands, such as Po Toi Island and Tung Ping Chau, etc., so as to make good use of their rich tourism resources for developing these places as new tourist spots and benefit the economic development of local residents; (6) to improve the hardware ancillary facilities at existing scenic spots and step up the promotion of a 'hospitable culture' among the tourism sector and the public, with a view to upgrading the tourism quality of Hong Kong; and (7) to closely keep in view changes in visitor arrivals to Hong Kong and activities of visitors carrying duty-free commodities into the Mainland for sale (commonly known as 'parallel trading activities'), and to join hands with the Mainland authorities to continuously combat parallel trading activities and formulate timely and appropriate measures, so as to deal with the problem at root and reduce unnecessary conflicts between Mainland visitors and local people" immediately before the full stop.

(ii)Hon POON Siu-ping to move the following amendment: (Translation)

To add ", as the Hong Kong tourism industry and related industries employ over 200 000 employees, which is around 7.6% of the overall employment population in Hong Kong, the livelihood of the 200 000-odd employees will directly be affected if the tourism industry development continues to shrink; yet," after "That"; to add "effective" after "formulate"; and to add "enhance the binding effect of the industry directives issued by the Travel Industry Council of Hong Kong to ensure protection of the rights and interests of front-line staff in the tourism industry, expeditiously establish a tourism industry authority to balance the rights and interests of the operators and practitioners in the tourism industry, and" after "resources to".

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

To add "the Government has proposed in the 2015-16 Budget that an additional $80 million will be allocated to the Hong Kong Tourism Board to step up its promotion of the tourism industry; however," after "That"; and to add "to develop a greater variety of tourism, including cultural tourism and eco-tourism with local characteristics, etc., to welcome tourists from around the world, and to step up efforts to combat rip-offs such as 'zero/negative-fare' tours and 'shadow tour group members', etc., adopted by Mainland travel agencies, so as" after "resources".

(iv)Hon Paul TSE to move the following amendment: (Translation)

To add "tourism and related industries are of utmost importance to the economy of Hong Kong, but" after "That"; to add "establish a tourism bureau to consolidate the various tourism-related departments and institutions, and" after "the decline in visitor arrivals to Hong Kong,"; and to delete "and allocate additional resources" after "measures" and substitute with "to conduct studies on effective use of resources and overall planning, execution and regulation".

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

To add "Hong Kong's tourism industry is now facing challenges;" after "That"; and to add "; when formulating measures on promoting the development of the tourism industry, the Government should focus on enhancing the visitor receiving capacity of Hong Kong society, including increasing the number of tourist spots and improving transportation and other ancillary facilities, etc., and take full account of the actual situations in Hong Kong, so as to avoid any adverse impacts on people's daily lives; at the same time, the Government should expeditiously establish a travel industry authority to enhance the regulatory regime for the tourism industry, and step up law enforcement to combat unscrupulous shop operators who rip off visitors" immediately before the full stop.

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

To add "coupled with the fact that Hong Kong lags behind other Asian competitors due to its shortage of large-scale convention facilities," after "past six years;"; and to add "and expedite the expansion of the Hong Kong Convention and Exhibition Centre and the planning of new convention facilities to enhance Hong Kong's capacity to hold conventions and attract more high value-added business travellers," after "tourism industry,".

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

To add "expeditiously establish a travel industry authority to strengthen the monitoring of local travel agents, tour escorts and tourist guides," after "the decline in visitor arrivals to Hong Kong,"; and to add "step up promotion in the international market and" after "resources to".

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

To add "and" after "the decline in visitor arrivals to Hong Kong,"; to delete "and allocate additional resources to" after "measures" and substitute with ", including giving consideration to examining afresh the entry arrangements and policy for Mainland visitors and relieving Mainland visitors' sentiments, with a view to reversing the decline in visitor arrivals to Hong Kong in the short run; in the long run, the Government should also formulate a comprehensive development strategy and blueprint for the tourism industry, and make stronger efforts to develop different tourism facilities and scenic spots, so as to"; and to delete "continued decline in visitor arrivals to Hong Kong" after "preventing the" and substitute with "persistent shrinkage of visitor arrivals to Hong Kong".

(ix)Dr Hon Fernando CHEUNG to move the following amendment: (Translation)

To delete ", with a view to preventing the continued decline in visitor arrivals to Hong Kong which will affect Hong Kong's economic development" immediately before the full stop and substitute with "; the relevant measures include: monitoring visitor arrivals to Hong Kong based on the actual visitor receiving capacity of Hong Kong, so as to attract visitors from different countries to Hong Kong with planning and promote the sustainable development of the tourism industry; and regulating activities of carrying duty-free commodities into the Mainland for sale (commonly known as 'parallel trading activities') to avoid the impacts of massive parallel trading activities on Hong Kong people's quality of life".

Public Officers to attend:Secretary for Commerce and Economic Development
Under Secretary for Commerce and Economic Development

Clerk to the Legislative Council