Revised version

OP 95/96-21(1) (Issued at 11.00 a.m. on 11.3.96)

THE LEGISLATIVE COUNCIL
ORDER PAPER

Wednesday, 13 March 1996 at 2.30 p.m.



I. PAPERS

Subsidiary Legislation

L.N. No.

1. Public Revenue Protection (Air Passenger Departure Tax) Order 1996

22/96

2. Public Revenue Protection (Business Registration Fees) Order 1996

23/96

3. Public Revenue Protection (Estate Duty) Order 1996

24/96

4. Public Revenue Protection (Stamp Duty) Order 1996

125/96

5. Public Revenue Protection (Dutiable Commodities) Order 1996

126/96

6. Air Pollution Control (Asbestos) (Administration) Regulation

128/96

7. Shipping and Port Control Regulations (Amendment of Seventh Schedule) Notice 1996

129/96

8. Criminal Jurisdiction Ordinance (Cap.461) (Commencement) Notice 1996

130/96

Sessional Papers 1995/96

1. No. 65 - Revisions to the Estimate of Expenditure on Capital Projects approved by the Urban Council as at end of December 1995

(to be presented by the Secretary for Recreation and Culture)

2. No. 66 - Report of the Public Accounts Committee on the Report of the Director of Audit on the Review of the Housing Benefits provided by the Hospital Authority to its Employees (February 1996 - P.A.C. Report No. 25A)

(to be presented by Mr. Eric LI who will address the Council)

3. No. 67 - Audited Statement of Accounts of the Language Fund for the year ending 31 August 1995

(to be presented by the Secretary for Education and Manpower)


II. QUESTIONS

1. Mr. LEE Cheuk-yan to ask : (Translation)

The Government undertook last year that it would adopt two measures concerning women's rights, viz. the setting up of an Equal Opportunities Commission (EOC) and the extension of the United Nations' Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to the territory. However, these two measures have still not been implemented by the Government. In this connection, will the Government inform this Council:

  1. what is the timetable for the setting up of the EOC and when its membership will be announced;
  2. whether the Government will consider setting up the EOC first to start work before its chairman is appointed;
  3. whether, having regard to the fact that the Government has planned to draw up certain reservations for inclusion in CEDAW upon its extension to the territory and that the matter will be discussed by the Sino-British Joint Liaison Group, women's groups will be consulted on these reservations; if not, why not; and
  4. what is the timetable for discussion of the reservations referred to in (c) above by the Joint Liaison Group?

Public Officer to reply : Secretary for Home Affairs

2. Mr. TSANG Kin-shing to ask : (Translation)

As the Governor and the Chief Secretary have described on a number of occasions the existing system of government as an "executive-led" system, will the Government inform this Council:

  1. what is an "executive-led" system and what are the specific contents specified in such a system;
  2. whether the introduction of Members' bills under the Standing Orders of this Council is contrary to the "executive-led" system;
  3. whether the Governor's intention to refuse assent to a Member's bill under certain circumstances as stated in his Policy Address last year is to uphold the "executive-led" system; and
  4. how the Government will ensure that the "executive-led" system will not hamper the development of democracy in the territory?

Public Officer to reply : Chief Secretary

3. Mrs. Selina CHOW to ask : (Translation)

The Expatriate Inspectors' Association has criticised the Police Force management for the way in which senior police officers suspected of corruption are treated by the management. In view of this, will the Government inform this Council:

  1. whether both senior and junior officers have to abide by the same set of disciplinary regulations under the present internal disciplinary system of the Police Force; if not, why not;
  2. of the number and rank of senior police officers who are currently not bound by the Force's general internal code of discipline; and
  3. of the number of police officers in various ranks who were investigated for corruption or other crimes, as well as the number and rank of those who were eventually disciplined, over the past three years?

Public Officer to reply : Secretary for Security

4. Mr. CHEUNG Hon-chung to ask : (Translation)

It was mentioned in the Policy Commitments published by the Government in 1995 that consideration was being given to converting a former military camp at Lo Wu into a penal institution. In this connection, will the Government inform this Council:

  1. of the progress of the study mentioned above;
  2. whether the Government will still go ahead with the plan without the support of the North District Board which has passed a motion opposing the plan; and
  3. whether, as the proposed conversion of the military camp at Lo Wu will only provide 300 prison places and there is an overall shortage of some 3,000 prison places in the territory, there is a comprehensive plan to resolve the problem of shortage of prison places?

Public Officer to reply : Secretary for Security

5. Mr. CHAN Wing-chan to ask : (Translation)

Recently a number of food establishment operators have applied to the Urban Council for food premises licences or permits, but the issue of such licences and permises has been held up due to the long period of time taken by the Buildings Department in processing such applications. This has led to a delay in the operators starting their business. In this connection, will the Government inform this Council:

  1. of the average time taken by the Buildings Department to process an application for a food premises licence or permit;
  2. of the existing staff establishment of the Department responsible for the processing of such applications, and whether there is sufficient manpower to cope with the workload; and
  3. whether consideration has been given to recruiting more building surveyors so as to speed up the processing of such applications?

Public Officer to reply : Secretary for Planning, Environment and Lands

* 6. Mr. Howard YOUNG to ask :

Will the Government inform this Council:

  1. of the respective amounts of air time set aside by commercial television and radio broadcasters for government programmes as well as the respective utilisation rates; and
  2. whether the Government will consider allocating part of the time set aside for such use to the Preparatory Committee Secretariat to facilitate them to broadcast public affairs programmes relating to the setting up of the SAR government during the transition period?

Public Officer to reply : Secretary for Recreation and Culture

* 7. Mr. LO Suk-ching to ask : (Translation)

It is learnt that in January this year the Department of Health refused to process an application for registration of a proprietary Chinese medicine used for drug rehabilitation. In this connection, will the Government inform this Council:

  1. whether there is any mechanism to handle applications for the registration of proprietary Chinese medicines; if so, what are the details; if not, why not;
  2. whether the Government adopts different approaches in the registration and regulation of Chinese and Western medicines; and
  3. whether the Government has conducted any tests or imposed any regulation on proprietary Chinese medicines available in the market; if so, what criteria the Government has adopted in determining which medicines should be selected for tests and regulation?

Public Officer to reply : Secretary for Health and Welfare

* 8. Mr. CHEUNG Man-kwong to ask : (Translation)

Recently, a number of cases have been brought to light in which members of the disciplined services have been found to have committed criminal offences or breaches of internal discipline. In view of this, will the Government inform this Council:

  1. of the number of staff in the disciplined services who have been accused of committing criminal offences in the past three years, together with a breakdown, by type of offence, of the number of such cases proceeding to prosecution as well as the number of prosecutions resulting in conviction;
  2. of the breakdown, by type of offence, of the number of staff in the disciplined services who have been accused of committing breaches of internal discipline, as well as the number of staff who have been disciplined for such breaches, in the past three years; and
  3. what strategy does the Government have to maintain discipline so as to prevent members of the disciplined services from collaborating with criminals to commit crimes as a result of their coming into frequent contact with criminal activities; and how it will prevent staff in the disciplined services from abusing their power to engage in illegal activities in the course of carrying out their law-enforcement duties?

Public Officer to reply : Secretary for Security

* 9. Mr. CHIM Pui-chung to ask : (Translation)

Will the Government inform this Council:

  1. of the span of the airspace which comes under the jurisdiction of Hong Kong;
  2. of the number of criminal cases (excluding hijackings) which have taken place on flights within the territory's airspace in the past three years; and
  3. how will criminal cases occurring on flights outside the territory's airspace be handled?

Public Officer to reply : Secretary for Security

*10. Dr. CHEUNG Bing-leung to ask : (Translation)

Recently, the Government has proposed that fees for degree courses be pegged to the average student unit cost of tertiary institutions so as to achieve the target of recovering 18% of the recurrent cost by 1997/98, and that fees for sub-degree courses should be set at a level of 75% of the fees for degree courses. In this connection, will the Government inform this Council:

  1. of the differences in the unit costs for the same type of courses offered by various tertiary institutions presently funded by the University Grants Committee; and whether it will consider adopting specific measures to narrow the gap if there are significant differences in such costs;
  2. of the differences in the unit costs for different subjects (such as arts, science, engineering, medicine, social sciences, law etc); and whether it will consider adopting specific measures so as to ensure that the fees charged will reflect the different unit costs for different courses;
  3. whether the average unit cost for sub-degree courses offered by various tertiary institutions is equivalent to 75% of the average unit cost for degree courses; if not, whether it will review its policy for subsidizing sub-degree courses; and
  4. whether it has any information showing how the average unit cost of an undergraduate place and the rate of cost recovery through tuition fees in the territory compare with the corresponding figures in the countries in Europe, America and Asia?

Public Officer to reply : Secretary for Education and Manpower

*11. Mr. Albert CHAN to ask : (Translation)

Representatives of the Transport Department advised me in June 1994 that the system for the issue of prohibited zone permits to private light buses on Lantau Island would be reviewed. However, the outcome of the review is still not known up to the present moment. In this connection, will the Government inform this Council of:

  1. the reasons for the Department's delay in completing the review; and
  2. the exact date for the completion of the review?

Public Officer to reply : Secretary for Transport

*12. Mr. CHAN Kam-lam to ask : (Translation)

Will the Government inform this Council of the following:

  1. what is the progress of the overall review of health care financing, when the review will be completed and when the findings of the review will be promulgated;
  2. what is the proportion of the revenue received by the hospitals of the Hospital Authority on the ten categories of "privately purchased medical items" to the overall expenditure on medical services; and
  3. whether consideration will be given to providing more resources with a view to discontinuing the charging policy mentioned in (b) above?

Public Officer to reply : Secretary for Health and Welfare

*13 Mr. LEUNG Yiu-chung to ask : (Translation)

Recently, I have received complaints about the Hospital Authority (the HA) employing a large number of temporary staff. In this connection, will the Government inform this Council of:

  1. the total number of temporary staff currently employed in hospitals under the management of the HA, together with a breakdown of these staff in each hospital by number, post, average salary and average period of employment;
  2. the basis used by the HA for determining which posts should be filled by temporary staff instead of permanent staff; and
  3. the criteria adopted by the HA for determining the renewal of contract of temporary staff and the range of adjustment of their salary?

Public Officer to reply : Secretary for Health and Welfare

*14. Mr. Eric LI to ask : (Translation)

The University Grants Committee Secretariat has earlier recognised that the Hong Kong Polytechnic University has a shortfall of space totalling some 9,700 m2. In this connection, will the Government inform this Council:

  1. what measures have been adopted to solve the problem of space shortage in the Polytechnic University; and
  2. whether consideration will be given to allocating the land adjacent to the Polytechnic University, which is now occupied by the Gun Club Hill Barracks, to the Polytechnic University after the withdrawal of the British garrison; if not, why not?

Public Officer to reply : Secretary for Education and Manpower

*15. Mrs. Elizabeth WONG to ask :

Will the Government inform this Council what is the procedure for obtaining the services of a Justice of the Peace to witness the signature of a member of the public who wishes to have certain documents signed and witnessed?

Public Officer to reply : Chief Secretary

*16. Mr. Fred LI to ask : (Translation)

It is mentioned in the Consultancy Study on Emergency Ambulance Services that the ambulance services in East Kowloon fall short of the targets set in the Performance Pledge by a wider margin when compared with other districts. In this connection, will the Government inform this Council:

  1. of the reasons why the ambulance services in East Kowloon fail to meet the targets set in the Performance Pledge; and
  2. what immediate measures have been put in place to improve and reinforce ambulance services in East Kowloon in order that the targets set in the Performance Pledge can be met?

Public Officer to reply : Secretary for Security

*17. Mr. IP Kwok-him to ask : (Translation)

Recently, there has been an upward trend in the number of sex abuse cases on children and the extent of sex abuse is also becoming more and more serious. In view of this, will the Government inform this Council:

  1. of the reasons for the upward trend in such cases;
  2. whether it is a common phenomenon that such cases go unreported because the abusers and the abused are direct relatives; and
  3. whether, apart from the establishment of the special investigation team by the Police and the Social Welfare Department in December, any specific measures have been put in place to help the abused children?

Public Officer to reply : Secretary for Health and Welfare

*18. Dr. LAW Cheung-kwok to ask : (Translation)

Will the Government inform this Council:

  1. of its policy on energy conservation;
  2. whether it knows of the specific energy conservation measures taken by the China Light and Power Company Limited and the Hongkong Electric Company Limited; if so, what are the details of those measures; and
  3. whether consideration has been given to establishing an energy management council to handle all matters relating to the supply and demand of energy in the territory?

Public Officer to reply : Secretary for Economic Services

*19. Dr. Samuel WONG to ask :

Will the Government inform this Council of the present progress of the Bus-only-lane Study and the Freight Transport Study now being carried out by the Transport Department, as well as the expected completion dates of these studies?

Public Officer to reply : Secretary for Transport

*20. Dr. John TSE to ask : (Translation)

Regarding the supply and demand of paramedical personnel such as clinical psychologists, educational psychologists, physiotherapists, occupational therapists and speech therapists, will the Government inform this Council:

  1. of the current supply and demand, as well as the projected supply and demand over the next three years, of the above-mentioned paramedical personnel in the territory; and whether the supply of such paramedical staff will be sufficient; if not, what is the shortfall;
  2. of the criteria adopted by the Government in assessing the demand for such paramedical personnel; and
  3. whether the Government has any comprehensive plan or measures to meet the demand for such paramedical personnel?

Public Officer to reply : Secretary for Health and Welfare

* For written reply.


III. MOTION

PUBLIC FINANCE ORDINANCE

Secretary for the Treasury:

(See Resolution at Annex I)


IV. BILLS

FIRST READING

  1. Evidence (Amendment) Bill 1996
  2. Kadoorie Agricultural Aid Loan Fund (Amendment) Bill 1996
  3. Leveraged Foreign Exchange Trading (Amendment) Bill 1996
  4. Securities and Futures Commission (Amendment) Bill 1996
  5. Bankruptcy (Amendment) Bill 1996

SECOND READING

Debates to be adjourned

1. Evidence (Amendment) Bill 1996

:

Attorney General

2. Kadoorie Agricultural Aid

Loan Fund (Amendment) Bill 1996

:

Secretary for Economic Services

3. Leveraged Foreign Exchange Trading (Amendment) Bill 1996

:

Secretary for Financial Services

4. Securities and Futures Commission (Amendment) Bill 1996

:

Secretary for Financial Services

5. Bankruptcy (Amendment) Bill 1996

:

Secretary for Financial Services

Debates to be resumed

6. Gas Safety (Amendment) (No.2) Bill 1995

:

Secretary for Economic Services

7. Pneumoconiosis (Compensation) (Amendment) Bill 1995

:

Secretary for Education and Manpower

COMMITTEE STAGE AND THIRD READING

1. Gas Safety (Amendment) (No.2) Bill 1995

:

Secretary for Economic Services

2. Pneumoconiosis (Compensation) (Amendment) Bill 1995

:

Secretary for Education and Manpower


V. MEMBER'S MOTIONS

1. HONG KONG ROYAL INSTRUCTIONS 1917 TO 1993 (NOS. 1 AND 2)

Dr. C.H. LEONG :

(See Resolution at Annex II)

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE

Mr. James TO :

(WITHDRAWN)

2. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. Ronald ARCULLI :

That in relation to the Hong Kong Airport (Traffic) (Amendment) Regulation 1996, published as Legal Notice No. 72 of 1996 and laid on the table of the Legislative Council on 14 February 1996, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance for amending subsidiary legislation be extended under section 34(4) of that Ordinance until the sitting on 27 March 1996.

3. PREPARATORY COMMITTEE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Mr. LEUNG Yiu-chung : (Translation)

That, considering that members of the Preparatory Committee (PC) of the Hong Kong Special Administrative Region (HKSAR) appointed by the Chinese authorities do not represent the people of Hong Kong, and that the PC, operating behind closed doors under the principle of 'we take the initiative' of the Chinese Government, is thus degenerating into an instrument under manipulation; this Council expresses its strong condemnation; furthermore, since the establishment of a provisional legislature being considered by the PC will throttle the democratic election of the Legislative Council, thereby enabling the Chinese Government to gain full control of the legislature, this Council firmly objects to the formation of the provisional legislature.

Amendment to Mr. LEUNG Yiu-chung's motion

Mr. Bruce LIU : (Translation)

To delete all the words after "That, considering that" and substitute with "the Preparatory Committee (PC) of the Hong Kong Special Administrative Region (HKSAR) has been formed and has commenced work, this Council urges the PC to widely consult and listen to the people of Hong Kong, enhance the transparency of its operation and decision-making process and, in accordance with the provisions of the Basic Law, to set up a broadly representative Selection Committee for the selection of the first Chief Executive in a democratic way, as well as to form the first Government and the first Legislative Council of the HKSAR so that there is no need for the establishment of a provisional legislature; furthermore, this Council urges the Hong Kong Government to fully co-operate with the PC and provide it with the necessary assistance".

Public Officer to attend : Secretary for Constitutional Affairs

4. HARBOUR RECLAMATION

Miss Christine LOH :

That this Council recognises, and urges the Government to recognise, that Victoria Harbour is a unique and irreplaceable public asset, that excessive depletion of the harbour is irreversibly damaging both to the natural and human environment of Hong Kong, and that all Hong Kong people have a rightful interest in the harbour; and this Council further urges the Government to withdraw its grossly excessive plans for reclamation in the harbour and to take urgent measures instead to protect and preserve the harbour and to ensure that further development in the harbour, if any, will be strictly limited, openly planned and accountably carried out.

Public Officer to attend : Secretary for Planning, Environment and Lands


VI. MEMBER'S BILLS

FIRST READING

  1. Probate and Administration (Amendment) Bill 1996
  2. The Hong Kong Institute of Landscape Architects Incorporation Bill

SECOND READING

Debates to be adjourned

1. Probate and Administration (Amendment) Bill 1996

:

Mr. Bruce LIU

2. The Hong Kong Institute of Landscape Architects Incorporation Bill

:

Mr. Edward HO


Last Updated on 29 July 1999