A 16/17-33

Legislative Council

Agenda

Wednesday 12 July 2017 at 11:00 am

IA. Presentation of Petition



Hon HUI Chi-fung to present a petition (Appendix IA).

I. Tabling of Papers



Subsidiary Legislation / InstrumentsL.N. No.
1.Pharmacy and Poisons (Amendment) (No. 4) Regulation 2017140/2017
2.Country Parks (Designation) (Consolidation) (Amendment) Order 2017141/2017

Other Papers

1.No. 116-Hong Kong Trade Development Council
Annual Report 2016/17
(to be presented by Secretary for Commerce and Economic Development)

2.No. 117-Hong Kong Deposit Protection Board
Annual Report 2016-2017
(to be presented by Financial Secretary)

3.No. 118-Sir Robert Black Trust Fund
Report of the Trustee on the Administration of the Fund, Financial Statements and Report of the Director of Audit for the year ended 31 March 2017
(to be presented by Secretary for Home Affairs)

4.No. 119-Clothing Industry Training Authority
Annual Report 2016
(to be presented by Secretary for Labour and Welfare)

5.No. 120-J.E. Joseph Trust Fund
Report, Financial Statements and Report of the Director of Audit for the period 1 April 2016 to 31 March 2017
(to be presented by Secretary for Food and Health)

6.No. 121-Kadoorie Agricultural Aid Loan Fund
Report, Financial Statements and Report of the Director of Audit for the period 1 April 2016 to 31 March 2017
(to be presented by Secretary for Food and Health)

7.No. 122-Report of the Public Accounts Committee on Report No. 68 of the Director of Audit on the Results of Value for Money Audits (July 2017 - P.A.C. Report No. 68)
(to be presented by Hon Abraham SHEK, Chairman of the Committee, who will address the Council)

8.Report of the Finance Committee on the examination of the Estimates of Expenditure 2017-2018
(to be presented by Hon CHAN Kin-por, Chairman of the Finance Committee, who will address the Council)

9.Committee on Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region Progress Report for the period October 2016 to July 2017
(to be presented by Hon Paul TSE, Chairman of the Committee on Rules of Procedure, who will address the Council)

10.Report No. 24/16-17 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Starry LEE, Chairman of the House Committee)

11.Report of the Bills Committee on Apology Bill
(to be presented by Hon Holden CHOW, Chairman of the Bills Committee)

12.Report of the Bills Committee on Stamp Duty (Amendment) Bill 2017 and Stamp Duty (Amendment) (No. 2) Bill 2017
(to be presented by Hon WONG Ting-kwong, Chairman of the Bills Committee)

13.Report of the Panel on Manpower 2016-2017
(to be presented by Hon LEUNG Yiu-chung, Chairman of the Panel, who will address the Council)

14.Report of the Panel on Administration of Justice and Legal Services 2016-2017
(to be presented by Dr Hon Priscilla LEUNG, Chairman of the Panel, who will address the Council)

15.Report of the Panel on Welfare Services 2016-2017
(to be presented by Hon SHIU Ka-chun, Chairman of the Panel, who will address the Council)

16.Report of the Panel on Commerce and Industry 2016-2017
(to be presented by Hon WU Chi-wai, Chairman of the Panel, who will address the Council)

17.Report of the Panel on Development 2016-2017
(to be presented by Hon Tommy CHEUNG, Chairman of the Panel, who will address the Council)

18.Report of the Panel on Economic Development 2016-2017
(to be presented by Hon Jeffrey LAM, Chairman of the Panel, who will address the Council)

19.Report of the Panel on Health Services 2016-2017
(to be presented by Prof Hon Joseph LEE, Chairman of the Panel, who will address the Council)

20.Report of the Panel on Education 2016-2017
(to be presented by Dr Hon CHIANG Lai-wan, Chairman of the Panel, who will address the Council)

21.Report of the Panel on Home Affairs 2016-2017
(to be presented by Hon MA Fung-kwok, Chairman of the Panel, who will address the Council)

22.Report of the Panel on Housing 2016-2017
(to be presented by Hon Alice MAK, Chairman of the Panel, who will address the Council)

23.Report of the Panel on Financial Affairs 2016-2017
(to be presented by Hon Kenneth LEUNG, Deputy Chairman of the‍ Panel, who will address the Council)

II. Questions



1. Hon James TO to ask: (Translation)


Article 22 of the Basic Law stipulates that no department of the Central People's Government ("CPG") and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region ("SAR") administers on its own in accordance with the Law. When she was running for the CE election as well as after being elected and before assuming office, the Chief Executive ("CE") stated that Hong Kong's affairs were to be handled by the SAR Government, and the policies which might be implemented only with approval of this Council should be pushed by the various Secretaries and Directors of Bureaux and even CE. She also said that she did not agree with or approve of the practice of the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region ("LOCPG") assisting the SAR Government in seeking support from Members of this Council for government policies (commonly known as "soliciting votes"), nor would she take the initiative to request for such assistance. In this connection, will the Government inform this Council:
  • (1)whether it will request CPG to expressly order the various departments of CPG, the various provinces, autonomous regions and municipalities directly under the Central Government as well as LOCPG to strictly comply with the stipulation in Article 22 of the Basic Law, which is that they may not interfere in the affairs which SAR administers on its own; if so, of the details; if not, the reasons for that;

    (2)how the Government will implement the pledge made by CE, after being elected and before assuming office, that CE would not take the initiative to request LOCPG to assist in soliciting votes; and

    (3)as CE said, after being elected and before assuming office, that she could not deny the fact that LOCPG did assist the SAR Government in soliciting votes when the Government promoted its policies in the past, whether the Government has assessed if such practice of LOCPG constituted an interference in the affairs of Hong Kong, thereby seriously contravening the principle that a high degree of autonomy be implemented in Hong Kong; if it has assessed, of the outcome; if not, the reasons for that?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

2. Hon Kenneth LEUNG to ask: (Translation)


To encourage the use of environmental protection ("EP") installations in the industrial and commercial sectors, the Government has since 2008 been providing tax concessions of accelerated profits tax deductions to companies which have acquired EP installations, by shortening the time period for apportionment of specified capital expenditure incurred in relation to such installations from the usual 25 years to five years. Eligible EP installations include renewable energy power generation ("REPG") installations. On the other hand, the new Scheme of Control Agreements that the Government entered into with the two power companies in April this year, which will take effect after 2018, have introduced a feed-in tariff scheme which allows private organizations to invest in installing REPG installations and connect such installations with the public power grids while the power companies will purchase the electricity generated by such installations ("green electricity") at a rate higher than the normal electricity tariff rate, so as to encourage the development of distributed renewable energy. In this connection, will the Government inform this Council:
  • (1)whether it knows the total number of REPG installations installed by the industrial and commercial sectors since 2008, and a breakdown of the number by type; the annual amount of electricity generated by such installations, and the total amount of tax deductions granted by the Government in respect of such installations; how the Government publicizes the tax concession measure and the effectiveness of such publicity;

    (2)how the Government and the power companies will determine the feed-in tariff rate of green electricity; whether the Government will require that the power companies must enter into electricity purchase contracts of a certain number of years with electricity sellers and provide subsidies to electricity sellers; if so, of the details (including the current progress of discussion with the power companies and the implementation timetable); if not, the reasons for that; and

    (3)whether the existing legislation regulates matters relating to the feeding of green electricity into the power grids (including the technical and safety standards for power generation and transmission); if so, of the details; if not, the timing for enacting such legislation; whether the Government and the power companies will provide technical support to electricity sellers to ensure that the safety and stability of public power grids will not be affected by the feeding-in of green electricity?
Public Officer to reply : Secretary for the Environment

3. Hon Tanya CHAN to ask: (Translation)


On 17 May this year, the Government announced that it had invited the Hong Kong Housing Society ("HKHS") to undertake technical and ecological studies, including the potential for developing public housing and elderly homes, in respect of two sites located on the periphery of Tai Lam Country Park and Ma On Shan Country Park respectively. In reply to my written question on 28 June, the authorities indicated that the Government had not taken part in the specific work to take forward the studies, and hence had no information on the exact locations and areas of the sites selected for the studies nor the considerations in site selection. In this connection, will the Government inform this Council:
  • (1)whether the two decisions, namely to conduct the aforesaid studies and to select the two aforesaid sites as the pilot sites for the studies, were made by the Government or HKHS; whether the Government can make public the entire process of the studies from idea development to implementation, as well as the relevant correspondence between the Government and HKHS and other documents; if such information cannot be made public, of the reasons for that; and

    (2)as the Chief Executive indicated in her election manifesto that she would establish a dedicated task force to conduct a comprehensive and macro review of Hong Kong's land supply options, of the latest progress of and the work schedule for the establishment of the task force by the Government; whether the Government will, in the light of the imminent commencement of work of the task force, request HKHS to withhold or even call off the conduct of the aforesaid studies; if not, of the reasons for that?
Public Officer to reply : Secretary for Development

4. Hon Paul TSE to ask: (Translation)


At the end of last month, the European Union ("EU") ruled that Google Inc. had manipulated Internet search results by giving the highest priority placement to its price comparison shopping service, abusing its market dominance in the Internet search-engine market and breaching EU's antitrust rules. Google Inc. was required to end such conduct within 90 days and to pay a fine of 2.42 billion euros. On the other hand, the findings of a survey have indicated that last year, Google Inc. had a market share of nearly 80% in Internet search-engine service in Hong Kong, occupying a dominant position. In this connection, will the Government inform this Council:
  • (1)whether it knows if the Competition Commission ("the Commission") has made reference to the aforesaid case and investigated whether Google Inc. has engaged in anti-competition practices of the same kind in Hong Kong and whether the company has breached the Competition Ordinance; if the Commission has investigated, of the details and outcome; if not, the reasons for that;

    (2)whether, in the light of the aforesaid ruling by EU, the authorities have studied the implementation of measures to ensure that Hong Kong's Internet users will not be misled by manipulated search results when using Internet search-engine service; and

    (3)given that commercial organizations may make their advertisements appear nearer the top of the Internet search results by paying huge amounts of advertising fees, that such advertisements are often displayed in a format similar to that of search results making it difficult for Internet users to distinguish between the two, and that there is currently no legislation requiring Internet search-engine service providers to provide clear indications on advertisements, quite a number of Internet users have therefore mistakenly thought that the listing of products or services nearer the top shows that such products or services are "better" or "more popular", whether the Government will request the Commission to study if any measure should be taken to ensure that search results will not mislead local customers, so as to protect the rights and interests of consumers?
Public Officer to reply : Secretary for Commerce and Economic Development

5. Hon Mrs Regina IP to ask: (Translation)


The Chief Executive of the last term announced in the 2014 Policy Address that a site in Tseung Kwan O had been reserved for the development of a Chinese medicine hospital, which will be operated on a self-financing basis under the integrated Chinese-Western medicine service model. He further stated in this year's Policy Address that the Government had decided to finance the construction of the hospital and invite the Hospital Authority ("HA") to assist in identifying a suitable non-profit-making organization by tender to take forward the project and operate the hospital. In this connection, will the Government inform this Council:
  • (1)whether it has formulated the details of the integrated Chinese-Western medicine service model to be adopted by the Chinese medicine hospital; if so, of the details (including the specific division of labour between the Chinese and Western medicine practitioners as well as their respective responsibilities and authority); if not, when the Government plans to announce such details;

    (2)whether it knows the criteria to be adopted by HA for selecting a non-profit-making organization to operate the Chinese medicine hospital; whether the Government and HA will, in future, provide assistance to the non-profit-making organization which has successfully bid for the project in taking forward the project and operating the Chinese medicine hospital; if so, of the details; and

    (3)in order to tie in with the long-term development of the Chinese medicine hospital, whether the Government will create a supernumerary directorate post dedicated to planning, coordinating, promoting and overseeing the development of the Chinese medicine hospital?
Public Officer to reply : Secretary for Food and Health

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


Article 1 of the Basic Law ("BL") stipulates that the Hong Kong Special Administrative Region ("HKSAR") is an inalienable part of the People's Republic of China ("PRC"). Last month, three Members of this Council attended in Taiwan the founding ceremony of a local political organization "Taiwan Congressional Hong Kong Caucus" ("the Caucus"), and signed a cooperation document with the Caucus. It has been reported that the Caucus, established by some advocates of "Taiwan Independence" and funded by the Taiwanese Government, has been engaging in activities to split up China. It has also been reported that the purpose of establishing the Caucus is to share experience in democratic movements with Hong Kong, make statements on major political events in Hong Kong, and strive to promote the amendment of the Act Governing Relations with Hong Kong and Macau by Taiwan's Legislative Yuan so that people from Hong Kong and Macau will have a formal channel to seek political asylum in Taiwan. There are comments that the acts of the aforesaid three Members allegedly bore an element of collusion with secession forces and were therefore in violation of BL. In this connection, will the Government inform this Council:
  • (1)to prevent anyone from engaging in acts of secession and endangering national security deliberately or due to a lack of understanding of the relevant provisions of BL, whether the Government will promulgate policies and guidelines to enhance the understanding of the national system, the Constitution of PRC and BL of HKSAR among various government departments and members of the public, so as to prevent anyone from engaging in acts of secession and endangering national security in HKSAR; and

    (2)as some members of the public have pointed out that some Hong Kong people currently have a weak awareness of their obligation to safeguard national security, whether the Government will consider taking measures to specifically address this situation by enhancing communications, education and promotion targeting various sectors of society, to enable Hong Kong people to understand their obligation to safeguard national security, with a view to creating a favourable environment to facilitate enacting legislation on protecting national security in HKSAR; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

*7. Hon Jeremy TAM to ask: (Translation)


According to the original Public Health (Animals and Birds) (Animal Traders) Regulations (Cap. 139 sub. leg. B), any person who carries on business as an animal trader must obtain an Animal Trader Licence ("ATL"). In order to strengthen the regulation of animal trading and dog breeding activities, the Government has introduced a new regulatory system by amending the said Regulations. The amended Regulations, known as the Public Health (Animals and Birds) (Trading and Breeding) Regulations ("the new Regulations"), have come into operation since 20 March this year. Apart from retaining the aforesaid licensing requirement, the new Regulations require that any person who sells, or offers to sell, dogs must obtain an ATL or a one-off permit. Moreover, any person who keeps for breeding and sells, or offers to sell, a dog, must obtain a dog breeder licence, viz. a dog breeder licence (category A) ("DBLA") or a dog breeder licence (category B) ("DBLB"). Regarding the implementation of the new Regulations, will the Government inform this Council:
  • (1)of the respective numbers of applications for (i) ATL, (ii) DBLA, (iii) DBLB and (iv) one-off permit which have been received, approved and rejected by the authorities since the new Regulations came into operation;

    (2)in respect of the ATL applications mentioned in (1), of the respective numbers of applications involving the selling of birds/animals listed in the table below and, among them, the respective numbers of cases approved and not approved (set out in the table below);

    Type of birds/animals Number of applications Number of applications approved Number of applications not approved
    Pet birds   
    Pheasants (food)   
    Domestic chukars (food)   
    Domestic guinea fowls (food)   
    Lizards (pet)   
    Snakes (pet)   
    Turtles (pet)   
    Lizards (food)   
    Snakes (food)   
    Turtles (food)   
    Cats   
    Dogs   
    Domestic rabbits   
    Hamsters   
    Guinea pigs   
    Chinchillas   
    Gerbils   
    Domestic rats   
    Mice   

    (3)of the number of female dogs enrolled as dogs kept for breeding purpose which are involved in the DBLAs currently issued; the number of female dogs kept for breeding purpose which are involved in the DBLA applications awaiting vetting and approval;

    (4)of the number of female dogs enrolled as dogs kept for breeding purpose which are involved in the DBLBs currently issued; the number of female dogs kept for breeding purpose which are involved in the DBLB applications awaiting vetting and approval; and

    (5)of the respective numbers of inspections, conducted by the Agriculture, Fisheries and Conservation Department each month since the new Regulations came into operation, on premises for dog breeding purpose in respect of which the relevant licences have (i) been obtained and (ii) not yet been obtained?
Public Officer to reply : Secretary for Food and Health

*8. Hon YUNG Hoi-yan to ask: (Translation)


The Government indicated in the 2017 Policy Address that it would continue to create a bicycle-friendly environment in new towns and new development areas to foster a green community. However, some residents in New Territories East have relayed that there is currently a shortfall of public bicycle parking spaces in the district and some parking spaces have been occupied by abandoned bicycles for a long period of time, causing a serious problem of illegal parking of bicycles. In addition, quite a number of members of the public have pointed out that the support facilities for bicycles in various districts are inadequate at present, making it difficult for them to use bicycles as a mode of transport for first mile or last mile connection for their journeys. In this connection, will the Government inform this Council:
  • (1)of the current number of public bicycle parking spaces across the territory (with a breakdown by District Council ("DC") district); whether it has plans to provide additional bicycle parking spaces in the coming three years; if so, of the details and the timetable; if not, the reasons for that;

    (2)of the number of operations mounted by the Government in each of the past three years to clear illegally parked bicycles, as well as the number of bicycles seized in the operations (with a breakdown by DC district);

    (3)as the authorities may invoke section 6 (unlawful occupation of unleased land) of the Land (Miscellaneous Provisions) Ordinance (Cap. 28) to post a notice on bicycles parked on unleased government land requiring the bicycle owners to cease the occupation of the land, and to confiscate, on expiry of a deadline, the illegally parked bicycles which have not been removed, whether they have reviewed the effectiveness of such way of handling the problem of illegal parking of bicycles (including whether it has a deterrent effect); if so, of the outcome and how the authorities deal with the bicycles confiscated in the operations; if not, whether they will conduct such a review;

    (4)as the Civil Engineering and Development Department ("CEDD") is conducting an investigation for the pilot scheme of provision of underground bicycle parking system, of the progress and the completion date of the investigation; whether other measures are in place to apply innovative technologies to provide additional public bicycle parking facilities; and

    (5)whether it will review the planning standards for the provision of bicycle parking facilities in the Hong Kong Planning Standards and Guidelines ("HKPSG") based on the populations, the provision of cycle tracks and the prevalence of bicycles in various districts; if so, of the relevant details and implementation timetable; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


It is learnt that since 1997, almost 1 500 000 Mainland residents have come to settle in Hong Kong, and quite a number of Mainland residents have come to study and work in Hong Kong. Regarding the policies on and statistics of these people, will the Government inform this Council:
  • (1)of the number of Mainland residents who came to settle in Hong Kong on strength of Permits for Proceeding to Hong Kong and Macao (commonly known as "One-way Permits")("OWPs") in each year since 1997 and, among such residents, the number of those who were subsequently repatriated after being ruled by the court that they had obtained their OWPs by illegal means;

    (2)of the respective numbers of people who (i) applied for and (ii) were granted permission to come to/stay in Hong Kong under the Quality Migrant Admission Scheme, the Capital Investment Entrant Scheme, the Admission Scheme for Mainland Talents and Professionals and the Immigration Arrangement for Non-local Graduates last year; the respective numbers of people, who had been granted permission in earlier years to come to/stay in Hong Kong under such Schemes/ Arrangement, became Hong Kong permanent residents ("HKPRs") last year by virtue of having ordinarily resided in Hong Kong for a continuous period of not less than seven years and, among such people, the number and percentage of those who were Mainland residents;

    (3)whether it knows the respective numbers of Mainland students coming to Hong Kong to pursue post-secondary programmes funded by the University Grants Committee and self-financing post-secondary programmes in each year since 2003 (and the respective percentages of such numbers in the numbers of students and non-local students in those years), together with a breakdown by (i) name of institution, (ii) level of study (e.g. sub-degree, bachelor's degree, master's degree and doctor's degree) and (iii) duration of study, as well as the public expenditure incurred each year as a result of Mainland students pursuing these programmes;

    (4)whether it knows the number of Mainland students coming to Hong Kong to pursue other post-secondary programmes in each year since 2003 (and the respective percentages of such numbers in the numbers of students and non-local students in the years concerned), together with a breakdown by (i) name of post-secondary institution, (ii) level of study and (iii) duration of study;

    (5)of the number of foreign workers imported and, among them, the number and percentage of those who were Mainland residents, in each year since 1997;

    (6)whether it knows the number of the Mainland residents who had come to settle in Hong Kong after 1997 emigrating overseas, and the percentage of such number in the total number of HKPRs who emigrated overseas, in each year since 1997;

    (7)of the number of Mainland residents, who had come to settle in Hong Kong after 1997, applying for renunciation of HKPR status, and the percentage of such number in the total number of such applicants, in each year since 1997;

    (8)whether it knows the respective numbers of live births born to singly non-permanent resident ("SNR") pregnant women (i.e. Mainland pregnant women whose spouses are HKPRs) and doubly non-permanent resident ("DNR") pregnant women (i.e. Mainland pregnant women whose spouses are not HKPRs) in public and private hospitals in Hong Kong in each year since 1997;

    (9)of the respective numbers of SNR and DNR children coming to Hong Kong to study in (i) kindergartens, (ii) primary schools, (iii) secondary schools, (iv) post-secondary institutions and (v) universities in Hong Kong, and the respective percentages of such numbers in the total numbers of students at those levels, in each year since 2003; and

    (10)whether the authorities will discuss with the relevant Mainland authorities the assumption of full responsibility for the vetting and approval of OWP applications by Hong Kong; if so, of the details and timetable; if not, the reasons for that?
Public Officer to reply : Secretary for Security

*10. Hon SHIU Ka-fai to ask: (Translation)


Regarding the way forward for the live poultry trade, will the Government inform this Council:
  • (1)given that the supply of live chickens from the Mainland to Hong Kong was suspended or reduced intermittently on a number of occasions after January 2014, and has even halted altogether since February 2016, of the actions taken by the authorities since 2014 to provide assistance to the live poultry traders affected; whether the Secretary for Food and Health will consider paying a visit to the Mainland to discuss with the relevant Mainland authorities (including the State General Administration of Quality Supervision, Inspection and Quarantine ("AQSIQ")) on expeditious resumption of supply of live chickens to Hong Kong; if so, of the details; if not, the reasons for that;

    (2)as the Government stated last month that the Food and Health Bureau, the Agriculture, Fisheries and Conservation Department and the Centre for Food Safety of the Food and Environmental Hygiene Department had been maintaining liaison with AQSIQ, the Ministry of Commerce as well as the relevant entry-exit inspection and quarantine bureaux of the Mainland on the issue of supply of Mainland live chickens to Hong Kong, of the date, mode, participating departments and outcome of each session of such liaison made since 2014;

    (3)as it has been learnt that there has been no longer any minor poultry (including pigeons, silky chickens, pheasants and chukars) imported from the Mainland to Hong Kong since a few months ago, whether the Government has gained an understanding from the Mainland authorities on when the supply of minor poultry to Hong Kong will be resumed;

    (4)as the Government sees merits in the measure recommended by a consultant of vaccinations of poultry against H7N9 Avian Influenza ("AI") virus to improve bio-security, and it has been reported that farms on the Mainland are administering such vaccinations to chickens to fight against AI, whether the Government will expedite the discussion with the Mainland authorities on the resumption of supply of live chickens to Hong Kong;

    (5)whether it will consider relaxing the regulation on the transfer of licences for live poultry wholesalers and retailers, so as to make it easier for such licences to be passed on; if not, of the reasons for that; and

    (6)as the Government has indicated that it will invite the trade to participate in the study of different feasible options for enhancing the segregation between consumers and live poultry at retail outlets and for the relocation of Cheung Sha Wan Temporary Wholesale Poultry Market, of the details of the relevant plans?
Public Officer to reply : Secretary for Food and Health

*11. Hon HO Kai-ming to ask: (Translation)


Some lifeguards under the employment of the Leisure and Cultural Services Department ("LCSD") have relayed to me that the long-term shortage of lifeguard manpower in LCSD has not only increased the workload of the serving lifeguards and accelerated their wastage, but also posed a safety hazard to swimmers. In respect of the manpower situation of lifeguards, will the Government inform this Council:
  • (1)of the respective numbers of occasions in each month of the past three years in which LCSD (i) temporarily closed the swimming facilities in public swimming pool complexes and (ii) suspended lifesaving services at public beaches, together with a breakdown by cause;

    (2)of (i) the establishment and strength of civil service lifeguards, with a tabulated breakdown by the education level they attained (i.e. primary, secondary, tertiary or above, and others) and the age group to which they belonged (i.e. 18 to 22, 23 to 30, 31 to 40, 41 to 50, 51 to 60 and 61 or above), and (ii) the number of civil service lifeguards transferred to positions in other grades or other government departments (with a breakdown by grade and government department), in each of the past two years;

    (3)whether it knows (i) the annual numbers of swimming pools in private housing estates and (ii) the monthly numbers of lifeguards on duty at such swimming pools, in the past three years (with a tabulated breakdown by District Council district); and

    (4)whether it knows, in each of the past three years, the number of participants in the Honorary Lifeguard Incentive Scheme operated by the Hong Kong Life Saving Society, with a tabulated breakdown by the age group to which they belonged (i.e. 18 to 22, 23 to 30, 31 to 40, 41 to 50, 51 to 60 and 61 or above)?
Public Officer to reply : Secretary for Home Affairs

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


Some members of the public have recently relayed to me that they have often witnessed incidents in which some franchised buses broke down or even caught fire while in service. Regarding breakdown of franchised buses, will the Government inform this Council:
  • (1)whether it knows, in each of the past five years, the respective numbers of buses under the fleets of various franchised bus companies (i.e. (i) The Kowloon Motor Bus Company (1933) Limited, (ii) Citybus Limited, (iii) New World First Bus Services Limited, (iv) Long Win Bus Company Limited and (v) New Lantao Bus Company (1973) Limited) ("bus companies"), as well as the respective numbers of incidents in which such buses broke down or even caught fire while in service, with a breakdown by years of service of buses (set out in tables of the same format as the table below);

    Year:                      

    Bus company Number of buses Number of incidents by
    years of service of buses
    Number of incidents
    5 years or below 6-10 years 11-15 years 16 years or above
    (i)      
    (ii)      
    (iii)      
    (iv)      
    (v)      

    (2)whether it knows the details of the regular bus maintenance and repair work carried out by the various bus companies, including the frequencies of and procedures for inspection of various components; whether the Transport Department ("TD") has (i) formulated codes or guidelines on the roadworthiness of buses, and (ii) put in place any mechanism to monitor the compliance with such codes or guidelines by the various bus companies; if TD has put in place such mechanism, whether cases of breaches of the codes or guidelines were found in the past five years;

    (3)whether bus companies are currently required to report bus breakdown incidents to TD; if so, whether TD has stepped up its monitoring of the bus maintenance and repair work carried out by those bus companies with higher incident rates; and

    (4)whether it knows if the various bus companies have put in place any retirement mechanism for their buses; if the bus companies have, of the details; if not, the reasons for that; the latest progress of the bus replacement programmes of the various bus companies, and the number of buses intended to be replaced in the coming five years; the differences between buses of the latest model and buses of older models in terms of safety standards?
Public Officer to reply : Secretary for Transport and Housing

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


In May 2016, the Government revised the guidelines on the use of marking schemes for tender evaluation in respect of government contracts that relied heavily on deployment of non-skilled workers. Under the guidelines, if departments opt to use a marking scheme for tender evaluation, the part on technical evaluation should by default include, for consideration, the tenderers' proposed wage rates and working hours for non-skilled workers. However, there are views that as the technical aspect only carries a weighting of 30% to 40% in the overall score, "wage rates" and "working hours" have minimal effects on the tendering result. At present, the four major procuring departments of service contracts in the Government are Food and Environmental Hygiene Department, Government Property Agency, Leisure and Cultural Services Department and Housing Department. In this connection, will the Government inform this Council:
  • (1)of the respective weightings for the technical aspect and the price aspect in the overall score in the marking scheme currently adopted by each of the aforesaid departments, and the respective weightings for "wage rates", "working hours" and other criteria (please specify) in the technical aspect in the overall score (set out the information in the table below); and

    Government department Technical aspect (%) Price aspect (%)
    Wage rates Working hours Other criteria Total
    Food and Environmental Hygiene Department     
    Government Property Agency     
    Leisure and Cultural Services Department     
    Housing Department     

    (2)in respect of the two criteria of "wage rates" and "working hours" respectively, of (i) the score conversion table adopted, and (ii) the minimum score that must be obtained by the successful tenderer as set, by each of the aforesaid departments?
Public Officer to reply : Secretary for Financial Services and the Treasury

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


After making reference to the relevant practices in countries such as the United Kingdom, the United States and Singapore, the Hong Kong Federation of Insurers ("HKFI") has decided to establish an insurance claims database to collect and analyse claims data with a view to identifying fraudulent insurance claims at an early stage. HKFI will, at the initial stage, focus on collecting claims data on three categories of insurance, namely vehicle, medical and accident insurance, and will commence data collection in the second half of this year. Moreover, HKFI intends to employ the latest information technology to establish a database with a high degree of efficiency and a high level of security. 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, on suspected fraudulent insurance claims, and the number of prosecutions instituted against the persons concerned, together with a breakdown by category of insurance involved;

    (2)whether the authorities will render assistance to the insurance industry in employing the latest information technology (such as the blockchain technology) to establish the aforesaid database; if so, of the details; if not, the reasons for that; and

    (3)as the statutory functions of the Insurance Authority ("IA") include the promotion of the sustainable development of the insurance market and the enhancement of the competitiveness of Hong Kong's insurance industry in the global insurance market, whether the authorities know how IA will assist Hong Kong's insurance industry in combating fraudulent insurance claims?
Public Officer to reply : Secretary for Financial Services and the Treasury

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


Since 2008-2009, the Government has implemented 12 years' free education in public sector primary and secondary schools. According to the Guidelines on Collection of Tong Fai issued by the Education Bureau ("EDB"), the Bureau has no objection for aided secondary, special and caput schools to collect Tong Fai from their senior secondary students to support educational expenses. Where the Tong Fai to be collected from students does not exceed $320 per person per annum, the schools concerned are only needed to notify EDB in writing; otherwise, they are required to obtain permission from EDB. Besides, the Code of Aid for Aided Schools stipulates that aided schools must obtain the permission of the Permanent Secretary for Education to collect Tong Fai from students of primary classes and secondary one to three classes. Some parents have pointed out that some schools collect from their students Tong Fai at a rate as high as several thousand dollars per person per annum, making the 12 years' free education unworthy of its name. In this connection, will the Government inform this Council, in the past five school years:
  • (1)of the total number of applications received by EDB for collection of Tong Fai, with a breakdown by finance type of school and amount of Tong Fai; the respective numbers of such applications that were approved and rejected, and a breakdown of the number of approved cases by amount of Tong Fai;

    (2)whether EDB required schools which applied for permission to collect Tong Fai from students at a rate exceeding $320 per person per annum to provide specific justifications for their applications, as well as the proposed uses of and utilization plans for Tong Fai; whether EDB required schools which had been permitted to collect such Tong Fai to submit statements of income and expenditure related to Tong Fai after the end of the school year concerned; if so, of the details; if not, the reasons for that; and

    (3)whether EDB took the initiative to understand the reasons (e.g. repair works for school premises, provision of additional facilities, income falling short of expenditure, etc.) why various schools collected Tong Fai, and assisted those schools in obtaining the funds needed through other means, so as to alleviate the economic pressure on students and parents?
Public Officer to reply : Secretary for Education

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


Will the Government inform this Council of the following annual statistics on employees' salaries from 2012 to 2016 (using the first quarter of 2004 as the base period):
  • (1)regarding each and all of the selected industry sections listed in Table 1, the following information on middle-level managerial and professional employees:

    (i)the Nominal Salary Index (A),

    (ii)the Real Salary Index (A),

    (iii)the Nominal Salary Index (B),

    (iv)the Real Salary Index (B), and

    (v)the number of employed persons; and

    Table 1

    Selected industry section 2012 2013 2014 2015 2016
    Manufacturing, electricity and gas supply (i)     
    (ii)     
    (iii)     
    (iv)     
    (v)     
    Building and construction and related trades (i)     
    (ii)     
    (iii)     
    (iv)     
    (v)     
    Import/export, wholesale and retail trades (i)     
    (ii)     
    (iii)     
    (iv)     
    (v)     
    Transportation, storage, communications and travel agencies (i)     
    (ii)     
    (iii)     
    (iv)     
    (v)     
    Financing and insurance (i)     
    (ii)     
    (iii)     
    (iv)     
    (v)     
    All selected industry sections (i)     
    (ii)     
    (iii)     
    (iv)     
    (v)     

    (2)the following information regarding each and all of the selected industry sections listed in Table 2:

    (i)the Nominal Index of Payroll per Person Engaged,

    (ii)the Real Index of Payroll per Person Engaged, and

    (iii)the number of employed persons?

    Table 2

    Selected industry section 2012 2013 2014 2015 2016
    Manufacturing (i)     
    (ii)     
    (iii)     
    Sewerage, waste management and remediation activities (i)     
    (ii)     
    (iii)     
    Import/export and wholesale trades (i)     
    (ii)     
    (iii)     
    Retail trade (i)     
    (ii)     
    (iii)     
    Transportation, storage, postal and courier services (i)     
    (ii)     
    (iii)     
    Accommodation and food service activities (i)     
    (ii)     
    (iii)     
    Information and communications (i)     
    (ii)     
    (iii)     
    Financial and insurance activities (i)     
    (ii)     
    (iii)     
    Real estate activities (i)     
    (ii)     
    (iii)     
    Professional and business services (i)     
    (ii)     
    (iii)     
    Social and personal services (i)     
    (ii)     
    (iii)     
    All selected industry sections (i)     
    (ii)     
    (iii)     
Public Officer to reply : Secretary for Financial Services and the Treasury

*17. Hon Alice MAK to ask: (Translation)


The Report of Strategic Review on Healthcare Manpower Planning and Professional Development released earlier by the Government has pointed out that the problem of manpower shortage of the healthcare professions in Hong Kong is aggravating. For example, it is projected that by 2030, there will be shortfalls of over 1 000 doctors and 1 600 nurses. There have been public comments that with the problem of population ageing in Hong Kong worsening, it is imperative for the authorities to expeditiously adopt effective measures to increase the manpower of the healthcare professions, so as to avoid a collapse of the healthcare system. In this connection, will the Government inform this Council:
  • (1)whether it knows the respective numbers of vacancies of doctors, nurses and various allied health professionals in various hospital clusters under the Hospital Authority ("HA") in each of the past five years;

    (2)whether it knows (i) the measures adopted by HA to address the manpower shortages of various healthcare professions, (ii) the difficulties encountered by HA in implementing such measures, and (iii) if HA assessed the effectiveness of such measures, in the past five years; if HA made such an assessment, of the outcome;

    (3)whether it knows the number of local medical graduates and, among them, the number employed by HA, in each of the past five years;

    (4)whether it will consider substantially increasing the resources allocated to the local medical schools for boosting the number of undergraduate places in the medical discipline, so as to ensure that there will be an adequate number of doctors to cope with service demand; if so, of the details; if not, the reasons for that; and

    (5)whether it will consider mapping out a long-term development strategy for primary healthcare services and alleviate the pressure on the healthcare system by reducing the number of patients at source through measures such as improving the triage system for patients in the public healthcare system and strengthening community care services; if so, of the details and timetable; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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


The Municipal Solid Waste Charging Scheme ("the Charging Scheme") will be implemented in the second half of 2019 at the earliest. A charging arrangement based on the weight of waste under the Charging Scheme will apply mainly to the situation in which private waste collectors ("PWCs") transport the waste they collect from their clients (i.e. waste producers) directly to refuse transfer stations ("RTSs") or landfills. When disposing of waste, PWCs will be required to pay, using payment accounts, a gate fee which will be based on the weight of waste ranging from $365 to $395 per tonne. In addition, both PWCs and their clients may register as payment account holders and they will need to reach on their own agreements on the apportionment of the gate fee. However, some PWCs have indicated that although the current gate fees range from $30 to $110 per tonne only, there are still from time to time clients defaulting on reimbursing them the advance payments for the gate fees. Quite a number of PWCs have indicated that they cannot afford the huge amount of gate fees. They are of the view that such charging arrangement is unfair and goes against the "polluter pays" principle. In this connection, will the Government inform this Council:
  • (1)of the current number of PWCs, the respective total numbers of refuse collection vehicles under such PWCs and the workers employed by them, as well as the respective current daily weights of domestic waste and industrial and commercial ("I&C") waste handled by PWCs;

    (2)of the average daily weight of waste transported by PWCs to various RTSs and landfills in the past three years and its percentage in the total weight of solid waste;

    (3)whether the authorities will assist PWCs in discussing with their clients to work out feasible arrangements for apportioning gate fees; whether the authorities will consider stipulating that only waste producers may register as payment account holders, so as to reduce the operating risks of PWCs; if so, of the details; if not, the reasons for that; and

    (4)whether the authorities will consider revising the charging arrangements under the Charging Scheme to require that producers of I&C waste or domestic waste, regardless of the means through which the waste is disposed of, must all put the waste in pre-paid designated garbage bags or designated containers, so as to obviate the need for PWCs to pay the gate fees; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

*19. Hon Andrew WAN to ask: (Translation)


In the middle of last month, a fire broke out in Grenfell Tower, a residential building in London, the United Kingdom, killing at least 80 people. It has been reported that the use of aluminium panels of an American brand Reynobond with a combustible polyethylene core ("RPE aluminium panels") as the cladding material of that building was probably one of the causes for the rapid spread of the fire. However, the use of aluminium panels of that make as cladding material for buildings had been banned in the United States and Germany several years ago. On the other hand, it has been reported that aluminium panels of the same brand have been used as the cladding material for Wing On Centre in Sheung Wan. In this connection, will the Government inform this Council:
  • (1)as Regulation 39 (Cladding) of the Building (Construction) Regulations (Cap. 123 sub. leg. B) provides that cladding of buildings is to be constructed entirely of non-combustible materials, whether the Government has examined if the use of RPE aluminium panels as cladding material for buildings in Hong Kong complies with that provision; of the number of building works approved by the Buildings Department in each of the past five years involving the use of aluminium panels of that make as cladding material;

    (2)whether, since the occurrence of the aforesaid fire, the authorities have (i) inspected if the cladding material used on Wing On Centre is entirely non-combustible, and (ii) assessed the fire safety risk of Wing On Centre; if so, of the outcome; if not, the reasons for that; and

    (3)whether it knows the current number of buildings in Hong Kong with RPE aluminium panels having been used as cladding material; whether the authorities will assess the fire safety risks of such buildings?
Public Officer to reply : Secretary for Development

*20. Dr Hon Pierre CHAN to ask: (Translation)


Some staff members of and visitors to public hospitals have relayed to me that the parking spaces in public hospitals (including the North Lantau Hospital and Tin Shui Wai Hospital which were completed in recent years) are always in short supply, thus causing inconvenience to them. In this connection, will the Government inform this Council:
  • (1)whether it knows the current numbers of hospital beds and parking spaces in various public hospitals (and, among them, the numbers of parking spaces for visitors), and set out such information in a table by name of hospital;

    (2)given that the public hospital development plan in the coming decade put forward by the Government in last year's Policy Address includes the redevelopment/expansion of 11 public hospitals, whether there will be changes in the numbers of parking spaces in each of such hospitals before and after the redevelopment/expansion projects; if so, of the details (set out such information in a table);

    (3)whether it knows if the Hospital Authority ("HA") received in each of the past five years any complaint from staff members of or visitors to public hospitals about the shortage of parking spaces in the hospitals; if HA did, how HA followed up such complaints;

    (4)as it is stipulated in the Hong Kong Planning Standards and Guidelines that parking spaces in hospitals should be provided according to the ratio of one parking space per 3 to 12 hospital beds, of the date on which such standard was last revised; and

    (5)of the regulations, government policies or guidelines, apart from the standard mentioned in (4), that govern the number of parking spaces in public hospitals?
Public Officer to reply : Secretary for Food and Health

*21. Hon Jimmy NG to ask: (Translation)


Some owners of small and medium enterprises ("SMEs") engaging in high-end manufacturing industries have earlier relayed to me that as industrial lands in Hong Kong have been in short supply in recent years, which has resulted in a persistent surge in the level of rents, and coupled with the lack of support from the Government, those enterprises have difficulties in carrying on their business in Hong Kong and "re-industrialization" of Hong Kong has been hindered. In this connection, will the Government inform this Council:
  • (1)given that in an effort to complement the Government's policy to promote "re-industrialization", the Hong Kong Science and Technology Parks Corporation will select suitable premises from the surrendered factories in the three existing Industrial Estates and refurbish them for leasing to the technology industry, of the following information in relation to such measure:

    (i)the definition of "technology industry" adopted by the authorities,

    (ii)the types of technology industry which may apply to rent the refurbished premises,

    (iii)the number of factories repossessed so far, and the total land area of such factories,

    (iv)the anticipated number of enterprises which will move in in September this year (with a breakdown by the industry to which they belong), and

    (v)the anticipated number of SMEs engaging in high-end manufacturing industries which may move in; and

    (2)as it has been reported that the first building to be developed by the Government under the "Hong Kong-Shenzhen Innovation and Technology Park" project in the Lok Ma Chau Loop will be completed seven years later at the earliest, whether the authorities have any short and medium term measures in place to support SMEs engaging in high-end manufacturing industries to carry on business in Hong Kong, so as to enhance the competitiveness of those enterprises; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Innovation and Technology

*22. Dr Hon Elizabeth QUAT to ask: (Translation)


Regarding the torture claims or non-refoulement claims lodged under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("claims"), will the Government inform this Council:
  • (1)of the number of new claims in the first half of this year (with a breakdown by source country of claimants) and the top four countries from which the claimants originated;

    (2)of the current number of claims pending and, among such claims, the number of cases in which the claimants have lodged an appeal against the rejection of their claims; the manpower deployed and the expenses incurred by the Immigration Department ("ImmD") for handling appeal cases in each of the past three years; the number of cases the handling of which that ImmD expects to complete in the second half of this year;

    (3)of the new measures in place to further expedite the screening of claims, and the relevant details;

    (4)as the Government stated earlier that it would conduct a review on the Immigration Ordinance (Cap. 115), including a study on tightening the various timeframes in the screening procedures, of the details and progress of the review; whether it will shorten the deadlines for submission of applications and documentary proofs by claimants; if so, of the details; if not, the reasons for that;

    (5)given that some claimants, upon the authorities' rejection of their claims and dismissal of their appeals, have (i) applied to the United Nations High Commissioner for Refugees Sub-office in Hong Kong for screening of refugee status, or (ii) lodged judicial reviews, so as to continue staying in Hong Kong, of the respective current numbers of these two types of cases; of the average and the longest length of stay of such claimants in Hong Kong, and the public expenditure incurred in respect of such claimants, in the past three years;

    (6)as quite a number of claimants entered Hong Kong illegally, of the (i) number, (ii) details and (iii) effectiveness, of the joint operations mounted by the Government and the Mainland authorities since January last year to combat the smuggling of illegal immigrants;

    (7)as it has been reported that some claimants borrowed or purchased Hong Kong identity cards from their fellow countrymen and used them for applying for loans or taking up illegal employment, of the measures that the Government has put in place to combat such activities; given that the recognizance forms (commonly known as "going-out passes") that ImmD currently issues to claimants may become worn-out easily, making it difficult to verify the identities of the holders, whether the Government will consider issuing to claimants identity documents which are more durable and secured; if so, of the details; if not, the reasons for that;

    (8)as ImmD has, since January this year, implemented an online pre-arrival registration for Indian nationals as a measure to prevent the screening mechanism for claims from being abused, of the effectiveness of the measure; whether the Government will consider extending this measure to cover other major source countries of claimants; if so, of the details; if not, the reasons for that;

    (9)as it has been reported that some claimants' real intention for coming to Hong Kong is to seek medical treatment, of the attendance of claimants for public healthcare services, as well as the number of those claimants in need of regular follow-up consultations and the relevant details (including the types of illnesses they suffered), in each of the past three years; if such information is unavailable, whether it will collect such information;

    (10)of (i) the respective numbers of claimants who were repatriated voluntarily and involuntarily, (ii) their average length of stay in Hong Kong before repatriation, and (iii) the manpower and public expenditure involved in repatriating such claimants, in each of the past three years; whether such expenditure has been on the rise in recent years; how the Government handles cases in which the claimants are uncooperative in the course of repatriation; and

    (11)whether the Government will consider afresh setting up reception centres for claimants; if so, of the details; if not, the reasons for that and whether it has other measures in place to completely prevent the screening mechanism for claims from being abused?
Public Officer to reply : Secretary for Security

* For written reply

III. Government Bills



First Reading

Road Tunnels (Government) (Amendment) Bill 2017

Second Reading (Debate to be adjourned)

Road Tunnels (Government) (Amendment) Bill 2017:Secretary for Transport and Housing

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

1.Apology Bill:Secretary for Justice

Secretary for Justice to move Committee stage amendments

(The amendments were issued on 4 July 2017
under LC Paper No. CB(3) 797/16-17)

(Debate and voting arrangements for Committee stage of the Apology Bill (issued on 11 July 2017 under LC Paper No. CB(3) 833/16-17(01)) (same as the Appendix to the Script of Council meeting of 12 July 2017))

2.Stamp Duty (Amendment) Bill 2017:Secretary for Transport and Housing

(i)Secretary for Transport and Housing to move Committee stage amendments

(The amendments were issued on 27 June 2017
under LC Paper No. CB(3) 757/16-17)

(Debate and voting arrangements for Committee stage of the Stamp Duty (Amendment) Bill 2017 (issued on 11 July 2017 under LC Paper No. CB(3) 834/16-17(01)) (same as the Appendix to the Script of Council meeting of 12 July 2017))

(ii)Hon James TO and Hon Holden CHOW to move Committee stage amendments

(The amendments were issued on 10 July 2017
under LC Paper No. CB(3) 825/16-17)

IV. Government Motions



1.Proposed resolution under the Energy Efficiency (Labelling of Products) Ordinance

Secretary for the Environment to move the following motion:

Resolved
that the Energy Efficiency (Labelling of Products) Ordinance (Amendment of Schedule 1) Order 2017, made by the Secretary for the Environment on 2 May 2017, be approved.

(The Order is in Appendix I and was also issued
on 27 June 2017 under LC Paper No. CB(3) 758/16-17)

2.Proposed resolution under the Criminal Procedure Ordinance

Secretary for Home Affairs to move the following motion:

Resolved
that the Legal Aid in Criminal Cases (Amendment) Rules 2017, made by the Criminal Procedure Rules Committee on 2 May 2017, be approved.

(The Rules are in Appendix II and were also issued
on 20 June 2017 under LC Paper No. CB(3) 713/16-17)

3.Proposed resolution under section 34(2) of the Interpretation and General Clauses Ordinance

Secretary for Development to move the motion in Appendix III.


(The motion was also issued on 6 July 2017
under LC Paper No. CB(3) 813/16-17)

(Debate and voting arrangements for the proposed resolution to amend the Waterworks (Amendment) Regulation 2017 (issued on 11 July 2017 under LC Paper No. CB(3) 835/16-17(01)) (same as the Appendix to the Script of Council meeting of 12 July 2017))

V. Members' Motions



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

Hon MA Fung-kwok to move the following motion:

Resolved
that in relation to the -

(a)Electoral Affairs Commission (Electoral Procedure) (Legislative Council) (Amendment) Regulation 2017, published in the Gazette as Legal Notice No. 129 of 2017;

(b)Electoral Affairs Commission (Electoral Procedure) (District Councils) (Amendment) Regulation 2017, published in the Gazette as Legal Notice No. 130 of 2017;

(c)Electoral Affairs Commission (Electoral Procedure) (Election Committee) (Amendment) Regulation 2017, published in the Gazette as Legal Notice No. 131 of 2017;

(d)Electoral Procedure (Chief Executive Election) (Amendment) Regulation 2017, published in the Gazette as Legal Notice No. 132 of 2017; and

(e)Electoral Procedure (Rural Representative Election) (Amendment) Regulation 2017, published in the Gazette as Legal Notice No. 133 of 2017,

and laid on the table of the Legislative Council on 28 June 2017, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) and deemed to be extended under section 34(3) of that Ordinance, be extended under section 34(4) of that Ordinance to the first sitting (within the meaning of section 34(6) of that Ordinance) of the next session of the Legislative Council held not earlier than the twenty-first day after the day of the second sitting in that next session.

2.Establishing a comprehensive 're-industrialization' policy regime

Hon Jimmy NG to move the following motion:
(Translation)

That given the new opportunities brought about by global reforms in industrial technologies, many countries or places are proactively developing high value-added advanced manufacturing industries, and Hong Kong is no exception; the Government has already made it clear that re-industrialization is a potential new area of economic growth for Hong Kong, and announced the establishment of a committee on innovation, technology and re-industrialization; in this connection, this Council urges the Government to conduct a timely review and elevate the positioning of the 're-industrialization' policy, with a view to upgrading the existing industrial policy regime led by innovation and technology to a comprehensive industrial policy regime which is more independent, forward-looking and systematic; the Government should also examine the role of industries in the local economic structure and societal development, and study the 'external development' feature of Hong Kong's industries, with the aim of providing tax support for those offshore Hong Kong manufacturers engaging in manufacturing and production industries, thereby consolidating the economic foundation of Hong Kong and promoting the diversification of industries.

Amendments to the motion
(i)Hon HO Kai-ming to move the following amendment: (Translation)

To add "the global economic restructuring, coupled with" after "That given"; to delete "global" after "brought about by"; to add "promoting 'Industry 4.0' for" after "proactively"; to delete "timely" after "to conduct a"; to add "and employment-oriented" after "comprehensive"; to add ", and increasing funding to boost relevant research and development efforts in promoting 're-industrialization' " after "systematic"; to delete "the" after "industries in"; to add "employment," after "local"; to add ", adopt appropriate measures to revive the brand name of 'made in Hong Kong', provide support for manufacturing industries still having a competitive edge, such as textile and clothing, jewellery, clocks and watches, and pharmaceutical products" after "societal development"; to delete "and" after "foundation of Hong Kong" and substitute with ","; and to add ", and creating employment opportunities for the benefit of different sectors of society" immediately before the full stop.

(ii)Hon Kenneth LEUNG to move the following amendment: (Translation)

To delete "given" after "That" and substitute with "the existing economic structure of Hong Kong is excessively uniform, making it impossible to seize"; to delete "," after "technologies" and substitute with "; given that"; to delete "and Hong Kong is no exception" after "manufacturing industries," and substitute with "Hong Kong should also develop the relevant industries, so as to promote the diversified development of the economy"; to delete "upgrading the existing industrial policy regime led by innovation and technology to a comprehensive industrial policy regime which is more independent, forward-looking and systematic" after "with a view to" and substitute with "developing high value-added industries that are low in pollution and land requirement, and formulating long-term development strategies and support policies for the relevant industries"; to add ", employment" after "structure"; and to delete "study the 'external development' feature of Hong Kong's industries, with the aim of providing tax support for those offshore Hong Kong manufacturers engaging in manufacturing and production industries, thereby consolidating the economic foundation of Hong Kong and promoting the" after "societal development, and" and substitute with "conduct assessment on the medium and long-term demand for manpower resources, thereby promoting the sustainable development of the economy and".

(iii)Dr Hon CHIANG Lai-wan to move the following amendment: (Translation)

To delete "given the" after "That" and substitute with "although there had been views that Hong Kong industries were excessively uniform,"; to add "are being" after "new opportunities"; to add "and" after "technologies,"; to delete "timely" after "to conduct a"; to add "in the light of demand changes in the global market, competitiveness in technology and cost, quantity and quality of talent, and capitalizing on the development trend of 'One Belt One Road' and the resources advantages of the Guangdong-Hong Kong-Macao Bay Area, the Government must also formulate strategies and major focuses for promoting 're-industrialization';" after "systematic;"; to delete "and" after "societal development,"; to add ", and study the provision of tax support for local high-technology manufacturers to increase their investment incentive" after "production industries"; to add "for the 're-industrialization'" after "foundation"; and to delete "promoting" after "Hong Kong and" and substitute with "driving".

(iv)Hon WU Chi-wai to move the following amendment: (Translation)

To delete "given the new opportunities brought about by global" after "That" and substitute with "as innovation technology has been rapidly developing around the globe and"; to add "have also brought about new opportunities in recent years" after "technologies"; to delete "and elevate" after "timely review" and substitute with "to upgrade"; to delete ", with a view to upgrading the existing industrial policy regime led by innovation and technology" after " 're-industrialization' policy"; to add "of innovation technology" after "comprehensive industrial policy regime"; and to add "; at the same time, the Government should : (1) provide technology and policy support to encourage Hong Kong's industries to adopt new technologies (such as automated equipment and intelligent production planning), so that traditional industries can undergo upgrading and restructuring; (2) remove various restrictions and regulations in legislative provisions that obstruct the development and application of creativity and technology; put forward specific ways and indicators for opening government data and encouraging enterprises in the public and private sectors and various types of organizations to open their data, and promote the application of big data, with a view to facilitating development of new types of industries; (3) in addition to encouraging local innovative companies to conduct product design and research and development in Hong Kong, also motivating them to manufacture products in Hong Kong, with a view to forming an industry chain to further promote 're-industrialization'; (4) attract international innovative companies to operate their business in Hong Kong to drive the development of technological research and industrial technologies, and build a pool of talents familiar with technological research and industrial production to upgrade the standards of technological research and industries in Hong Kong; and (5) request the Committee on Innovation, Technology and Re-industrialization to expeditiously draw up its work targets, conduct a study on corresponding tax support and implement specific measures for promoting 're-industrialization'" immediately before the full stop.

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

To delete "given" after "That"; to add "emergence of the 'Industry 4.0' concept and intelligent manufacturing, coupled with the popularity of cloud platforms, Internet of Things and big data, has brought" before "new opportunities"; to delete "brought about by" before "global reforms" and substitute with "for"; to add ", skill, talent and market" after "tax"; to add "and onshore" after "offshore"; and to add "; at the same time, the Government should: (1) dovetail with the planning of the Guangdong-Hong Kong-Macao Bay Area, and explore and formulate a direction for technology and innovation, so as to expand the room for developing Hong Kong's industries; (2) formulate a dedicated, long-term and clear macro industrial policy with regular reviews, so as to provide a set of satisfactory integrated ancillary measures for manufacturing and related industries; (3) actively increase the supply of industrial and commercial sites, and relax the plot ratio of sites and adjust the compliance requirements, so as to promote 're-industrialization' and revitalize old industrial districts; (4) provide tax concessions, including providing tax deductions for research and development and design activities, so as to encourage industrial enterprises to apply and develop innovation and technology; (5) encourage Hong Kong business operators to develop different modes of intelligent manufacturing and management, and strengthen and improve existing financial and technical support schemes, so as to further assist industrial enterprises in enhancing their operation efficiency; and (6) improve vocational and professional education and allocate resources for fostering industrial talents" immediately before the full stop.

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

To add "based on the use of information technologies (e.g. sensors, Internet of Things, artificial intelligence, cloud computing, robotics and data consolidation) to achieve intelligent processes and automation" after "technologies"; and to add "enhance training of technology talents required by 're-industrialization', provide support for enterprises to upgrade their capabilities of data consolidation and analysis," after "societal development,".

(vii)Hon Jeremy TAM to move the following amendment: (Translation)

To add "the Government should provide policy support to back up the 're-industrialization' of arts, cultural and creative industries, so that these industries can make and disseminate their arts, cultural and creative products at appropriate industrial sites (e.g. the first three floors of industrial buildings);" after "systematic;".

Public Officer to attend : Secretary for Innovation and Technology

3.Conducting a comprehensive review of labour legislation to improve labour rights and interests

Hon HO Kai-ming to move the following motion:
(Translation)

That this Council urges the Government to make safeguarding labour rights and interests its priority task and expeditiously conduct a comprehensive review of and make amendments to the various legislation relating to labour matters, so as to ensure that such legislation keeps pace with the times.

Amendments to the motion
(i)Hon LUK Chung-hung to move the following amendment: (Translation)

To add ", for a long time, Hong Kong society has remained in a situation of 'strong capitalists and weak workers' where employees generally lack bargaining power and the Government's policy implementation often tilts in favour of the business sector, ignoring the effects of the times and changes in environment on the labour market; in this connection," after "That"; and to add ", and hence strengthen the protection for employees; the relevant proposals include: (1) enacting legislation on standard working hours and rates of overtime pay and stipulating the number of standard working hours at 44 per week, so as to ensure that employees can strike a balance between work and rest; (2) aligning the numbers of statutory holidays and general holidays at 17, so that all employees in Hong Kong are entitled to the same number of holidays; (3) expeditiously implementing the abolition of the Mandatory Provident Fund offsetting mechanism to strengthen retirement protection for employees; (4) stipulating the review cycle of the statutory minimum wage level to be once a year to solve the problem of persistent lag in the minimum wage level; (5) reviewing the definition of continuous contracts of employment under the Employment Ordinance, so that part-time employees are entitled to paid annual leave, sickness allowance, rest days, severance payments, long service payments, payments in lieu of notice for the termination of employment contracts, etc.; (6) reviewing the service outsourcing system to stipulate that, regardless of industries, the principal contractors are liable for their subcontractors' defaults on payment of wages to employees, so as to strengthen the protection for employees of outsourced service contractors; (7) establishing a system for the right to collective bargaining on the central, trade and enterprise levels, so as to elevate the status of trade unions and enhance communication between employees and employers; (8) increasing the statutory paternity leave to seven days and increasing the paternity leave pay payable to employees to be full-pay; (9) increasing the statutory maternity leave to 14 weeks and increasing the maternity leave pay payable to employees to be full-pay, and introducing a six-month period of postnatal employment protection, so as to provide greater protection for working women; (10) introducing breastfeeding-friendly measures in workplace and stipulating the requirement of providing babycare rooms in newly constructed commercial buildings; (11) stipulating the requirement for employers to provide employees with no less than three days of paid training leave annually, so as to encourage employees to pursue continuing education; (12) enacting legislation on age discrimination to promote and protect the employment of senior citizens; (13) reviewing employers' responsibilities for employees suffering from occupational diseases and meeting industrial accidents, and increasing the relevant penalties to enhance the deterrent effect; (14) amending the Employees' Compensation Ordinance to expand the scope of protection for work injuries and occupational diseases, and improving the mechanisms for preventing work injuries and occupational diseases as well as rehabilitation, thereby assisting employees to return to work as soon as possible; (15) setting up a 'central occupational insurance compensation fund' to provide comprehensive compensation to employees sustaining work injuries or suffering from occupational diseases, irrespective of whether they are employed or self-employed; (16) reviewing the work procedures for work-at-height activities and the safety measures required as well as the criminal liabilities of employers, etc., so as to prevent accidents involving workers in the construction industry falling from heights; and (17) reviewing the work arrangements and contingency measures in times of typhoon and rainstorm to enhance the protection of occupational safety for workers" immediately before the full stop.

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

To add "a survey indicates that Hong Kong is the place with the longest working hours in the world, but the Government has all along neglected labour rights and interests and over-emphasized the interests of the business sector in formulating labour policies; in this connection," after "That"; and to add "; the relevant proposals include: (1) increasing the statutory paternity leave to seven days and increasing the paternity leave pay to be full-pay; (2) enacting legislation on standard working hours to stipulate the number of standard working hours at 44 per week, thereby preventing exploitation of employees by employers through uncompensated overtime work and enabling employees to spend more time with family members; (3) changing the review cycle of the statutory minimum wage level from the present 'once in two years' to 'once every year' to ensure that employees' wage levels can catch up with the rate of increase in the prices of goods; (4) enacting legislation to affirm workers' right to collective bargaining and amending the Trade Unions Ordinance to protect workers' right to join trade unions, so that employees and employers enjoy equal powers in negotiations; (5) reviewing the definition of continuous contracts of employment under the Employment Ordinance to allow employees not employed under a continuous contract to enjoy employment rights and benefits to which full-time employees are entitled; (6) providing a clear legal definition of occupational diseases and extending the definition to cover strains and diseases resulting from work; and (7) stipulating the responsibilities of principal contractors in cases involving industrial injuries and fatalities" immediately before the full stop.

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

To add ", given that the Government at present has not yet formulated comprehensive family-friendly policies, it is difficult for employees to strike a balance between working and taking care of family members; in this connection," after "That"; and to add "; the relevant proposals include: (1) increasing the statutory maternity leave from 10 weeks to 14 weeks while according employees entitlement to full-pay maternity leave; and (2) increasing the statutory paternity leave from three days to seven days while according employees entitlement to full-pay paternity leave" immediately before the full stop.

(iv)Hon Andrew WAN to move the following amendment: (Translation)

To add "the last-term Government made insufficient efforts to solve labour problems and put forward noncommittal proposals for the prescription of standard working hours and abolition of the Mandatory Provident Fund offsetting mechanism, which proved that the last Chief Executive reneged on his election pledge; in this connection," after "That"; and to add "; the relevant proposals include: (1) withdrawing the proposal for 'contractual working hours' and immediately enacting legislation on standard working hours and overtime compensation to stipulate the number of standard working hours at 44 per week; (2) expeditiously implementing the abolition of the Mandatory Provident Fund offsetting mechanism and considering the adoption of the 'fund pool' proposal to handle the related issues; (3) increasing the penalties under the Industrial Undertakings Ordinance and the Occupational Safety and Health Ordinance to enhance employers' awareness of occupational safety, and stepping up efforts in promoting occupational safety and health; (4) enacting legislation to affirm the right to collective bargaining; (5) implementing review of the statutory minimum wage level 'once every year'; and (6) aligning the numbers of statutory holidays and general holidays at 17" immediately before the full stop.

(v)Dr Hon LAU Siu-lai to move the following amendment: (Translation)

To add "including raising the statutory minimum wage level and implementing review of the minimum wage level 'once every year', stipulating standard working hours in lieu of 'contractual working hours' proposed by the last-term Government, and increasing the statutory paternity leave to seven days," after "labour matters,"; and to delete "such legislation keeps pace with the times" immediately before the full stop and substitute with "all wage earners in Hong Kong can enjoy protection of a basic living and work-life balance".

Public Officer to attend : Secretary for Labour and Welfare

Clerk to the Legislative Council