Revised version

OP 96/97-32(1)

(Issued at 11:00 am on 19.5.97)

The Legislative Council
Order Paper
Wednesday 21 May 1997 at 2:30 pm



I. Papers

Subsidiary Legislation

L.N. NO.

1. Shipping and Port Control (Amendment) Regulation 1997

228/97

2. Women and Young Persons (Industry) (Amendment) Regulation 1997

229/97

3. Control of Chemicals (Amendment) Regulation 1997

230/97

4. Waste Disposal (Charges for Disposal of Chemical Waste) (Amendment) Regulation 1997

231/97

5. Grant Schools Provident Fund (Amendment) Rules 1997

232/97

6. Subsidized Schools Provident Fund (Amendment) Rules 1997

233/97

7. Building (Planning) (Amendment) Regulation 1997

239/97

8. Building (Construction) (Amendment) Regulation 1997

240/97

9. Building (Administration) (Amendment) Regulation 1997

241/97

10. Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) (Amendment) Regulation 1997

242/97

11. Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No.3) Regulation 1997

243/97

12. Tsing Ma Control Area (General) Regulation

244/97

13. Import and Export (Fees) (Amendment) Regulation 1997

245/97

14. Import and Export (General) Regulations (Amendment of Schedules) Order 1997

246/97

15. Import and Export (Strategic Commodities) Regulations (Amendment of Schedules 1 and 2) Order 1997

247/97

16. Companies (Specification of Names) (Amendment) Order 1997

248/97

17. Official Languages (Alteration of Text) (Housing Ordinance) Order 1997

249/97

18. Official Languages (Alteration of Text) (Drug Addicts Treatment and Rehabilitation Ordinance) Order 1997

250/97

19. Official Languages (Alteration of Text) (Supreme Court Ordinance) Order 1997

251/97

20. Official Languages (Alteration of Text) (Commodities Trading Ordinance) Order 1997

252/97

21. Official Languages (Alteration of Text) (Securities Ordinance) Order 1997

253/97

22. Official Languages (Alteration of Text) (Dutiable Commodities Ordinance) Order 1997

254/97

23. Official Languages (Alteration of Text Under Section 4D) (No.18) Order 1997

255/97

24. Official Languages (Alteration of Text Under Section 4D) (No.19) Order 1997

256/97

25. Official Languages (Alteration of Text Under Section 4D) (No.20) Order 1997

257/97

26. Official Languages (Alteration of Text Under Section 4D) (No.21) Order 1997

258/97

27. Rectification of Errors Order 1997

259/97

28. Places for Autopsies Order

260/97

29. Coroners Rules

261/97

30. Coroners (Forms) Rules

262/97

31. Coroners (Fees) Rules

263/97

32. Non-Local Higher and Professional Education (Appeal Board) Rules

264/97

33. Non-Local Higher and Professional Education (Regulation) Rules

265/97

34. Supreme Court Civil Procedure (Use of Language) Rules

266/97

35. Tax Reserve Certificates (Rate of Interest) Notice 1997

267/97

36. Minor Employment Claims Adjudication Board Ordinance (Amendment of Schedule) Notice 1997

268/97

37. Tsing Ma Control Area Ordinance (2 of 1997) (Commencement) Notice 1997

269/97

38. Arbitration (Appointment of Arbitrators and Umpires) Rules

270/97

39. Enduring Powers of Attorney (Prescribed Form) Regulation

271/97

40. Official Languages (Authentic Chinese Text) (United Kingdom Designs (Protection) Ordinance) Order

(C) 137/97

41. Official Languages (Authentic Chinese Text) (Hop Yat Church of the Church of Christ in China Incorporation Ordinance) Order

(C) 138/97


42. Official Languages (Authentic Chinese Text) (Irish Province of the Order of Franciscans Minor Incorporation Ordinance) Order

(C) 139/97

43. Official Languages (Authentic Chinese Text) (Union Church Incorporation Ordinance) Order

(C) 140/97

44. Official Languages (Authentic Chinese Text) (Trade Marks (Emergency) Ordinance) Order

(C) 141/97

45. Official Languages (Authentic Chinese Text) (Exchanges (Special Levy) Ordinance) Order

(C) 142/97

46. Official Languages (Authentic Chinese Text) (Soeurs De Saint Paul de Chartres Incorporation Ordinance) Order

(C) 143/97

47. Official Languages (Authentic Chinese Text) (Young Men's Christian Association Ordinance) Order

(C) 144/97

48. Official Languages (Authentic Chinese Text) (Zetland Hall Trustees Incorporation Ordinance) Order

(C) 145/97

49. Official Languages (Authentic Chinese Text) (Institute of the Marist Brothers of the Schools Incorporation Ordinance) Order

(C) 146/97

50. Official Languages (Authentic Chinese Text) (Tsimshatsui Baptist Church Incorporation Ordinance) Order

(C) 147/97

51. Official Languages (Authentic Chinese Text) (Tsung Tsin Mission of Hong Kong Incorporation Ordinance) Order

(C) 148/97

52. Official Languages (Authentic Chinese Text) (The Methodist Church, Hong Kong, Incorporation Ordinance) Order

(C) 149/97

53. Official Languages (Authentic Chinese Text) (Essential Services Corps Ordinance) Order

(C) 150/97

54. Official Languages (Authentic Chinese Text) (Telephone Ordinance) Order

(C) 151/97

55. Official Languages (Authentic Chinese Text) (Hong Kong Airport (Regulations) Ordinance) Order

(C) 152/97

56. Official Languages (Authentic Chinese Text) (Crown Proceedings Ordinance) Order

(C) 153/97

57. Official Languages (Authentic Chinese Text) (Drug Addicts Treatment and Rehabilitation Ordinance) Order

(C) 154/97

58. Official Languages (Authentic Chinese Text) (Stock Exchanges Unification Ordinance) Order

(C) 155/97

59. Official Languages (Authentic Chinese Text) (The Spiritual Assembly of the Baha'is of Hong Kong Incorporation Ordinance) Order

(C) 156/97

60. Official Languages (Authentic Chinese Text) (Protection of Investors Ordinance) Order

(C) 157/97

61. Official Languages (Authentic Chinese Text) (Housing Ordinance) Order

(C) 158/97

62. Official Languages (Authentic Chinese Text) (Telecommunication Ordinance) Order

(C) 159/97

63. Official Languages (Authentic Chinese Text) (Medical Registration Ordinance) Order

(C) 160/97

64. Official Languages (Authentic Chinese Text) (Coroners Ordinance) Order

(C) 161/97

65. Official Languages (Authentic Chinese Text) (Securities and Futures Commission (Levy) (Securities) Order) Order

(C) 162/97

66. Official Languages (Authentic Chinese Text) (Dutiable Commodities Ordinance) Order

(C) 163/97

67. Official Languages (Authentic Chinese Text) (Registration of Patents Ordinance) Order

(C) 164/97

68. Official Languages (Authentic Chinese Text) (Town Planning Ordinance) Order

(C) 165/97

69. Official Languages (Authentic Chinese Text) (Merchant Shipping (Liability of Shipowners and Others) (Calculation of Tonnage) (Hong Kong) Order) Order

(C) 166/97

70. Official Languages (Authentic Chinese Text) (Air Transport (Licensing of Air Services) Regulations and Hong Kong Civil Aviation (Investigation of Accidents) Regulations) Order

(C) 167/97

71. Official Languages (Authentic Chinese Text) (Carriage of Goods by Sea (Parties to Convention) Order 1985) Order

(C) 168/97

72. Official Languages (Authentic Chinese Text) (Bishop of Victoria Incorporation Ordinance) Order

(C) 169/97

73. Official Languages (Authentic Chinese Text) (The Chinese University of Hong Kong (Declaration of Shaw College) Ordinance) Order

(C) 170/97

74. Official Languages (Authentic Chinese Text) (Chinese Anglican Church Body Incorporation Ordinance) Order

(C) 171/97

75. Official Languages (Authentic Chinese Text) (The Chinese University of Hong Kong Ordinance) Order

(C) 172/97

76. Official Languages (Authentic Chinese Text) (Securities (Disclosure of Interests) Ordinance) Order

(C) 173/97

77. Official Languages (Authentic Chinese Text) (Trade Marks Ordinance) Order

(C) 174/97

78. Official Languages (Authentic Chinese Text) (Securities Ordinance) Order

(C) 175/97

79. Official Languages (Authentic Chinese Text) (Commodities Trading Ordinance) Order

(C) 176/97

80. Official Languages (Authentic Chinese Text) (Supreme Court Ordinance) Order

(C) 177/97

Sessional Papers 1996-97

No. 99 - Report of the Independent Police Complaints Council 1996

(to be presented by Dr C H LEONG who will address the Council)

Miscellaneous

Technical Memorandum on Noise from Percussive Piling

(to be presented by the Secretary for Planning, Environment and Lands)

Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites

(to be presented by the Secretary for Planning, Environment and Lands)

Technical Memorandum on Environmental Impact Assessment Process

(to be presented by the Secretary for Planning, Environment and Lands)

II. Questions

1. Mr Howard YOUNG to ask :

Regarding the processing time for visa applications from Taiwanese visitors, will the Government inform this Council:

  1. of the current target time for processing such applications; and
  2. whether the target time in (a) above is being met; if not, of the total number of cases in which the target time was not met in the past two years and the reasons therefor?

Public Officer to reply : Secretary for Security

2. Mr Allen LEE to ask : (Translation)

Regarding a recent case in which a British soldier allegedly committed homicide in Hong Kong, will the Government inform this Council:

  1. whether the above incident occurred when the soldier concerned was off duty;
  2. whether the case is being investigated by the British Garrison or the Hong Kong Police Force, and whether the investigation has been completed; if so, what the outcome is; and
  3. whether the soldier concerned has been transferred out of Hong Kong after the incident; if so, who made the decision to make such a transfer and whether the decision requires the approval of the Governor; to uphold the rule of law in the territory, what action the Government will take to recall the soldier concerned and to prevent soldiers stationed in Hong Kong from being transferred out of Hong Kong before the completion of the investigation into the crimes involving them?

Public Officer to reply : Secretary for Security

3. Dr HUANG Chen-ya to ask : (Translation)

Regarding the redevelopment projects at the "five streets" in Western District and the "seven streets" in Tsuen Wan which are given priority under the new urban renewal policy, will the Government inform this Council whether:

  1. it knows if the Hong Kong Housing Society (HKHS) has reserved flats in its rental housing estates to rehouse the affected residents; if so, please provide a breakdown of these housing estates by name, age, existing number of vacant flats and expected number of vacant flats;
  2. the number of reserved flats mentioned in the answer to (a) above is sufficient to achieve the objective of rehousing the affected residents in the same district; if not, whether the Housing Authority and the Land Development Corporation will provide rental flats to assist the HKHS in rehousing the affected residents; and
  3. the property owners concerned have suffered losses arising from the eight-year delay in the two redevelopment projects, which has resulted in their flats being left vacant for a long period and lapsing into a state of disrepair; if so, whether the Government will compensate such owners for their losses?

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

4. Mr YUM Sin-ling to ask : (Translation)

Regarding traffic accidents caused by pedestrians, will the Government inform this Council:

  1. of the number of traffic accidents arising from pedestrians' negligence or non-compliance with traffic regulations, as well as the proportion of such accidents to the total number of traffic accidents, in the past three years;
  2. of the districts which have a relatively higher incidence of accidents caused by pedestrians, and whether the Government has stepped up road safety publicity and prosecution in these districts;
  3. of the number of pedestrians who were prosecuted for breaching traffic regulations in the past three years; and
  4. of the penalties currently prescribed for violation of traffic regulations by pedestrians and whether such penalties are an effective deterrent; and whether consideration will be given to incorporating into the penalties a stipulation that offenders are required to receive education and test on road safety on a compulsory basis?

Public Officer to reply : Secretary for Transport

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

Does the Government know:

  1. of the current criteria adopted by the accident and emergency departments of public hospitals for admitting patients (in particular pregnant women); and
  2. whether the Hospital Authority will review the above admission criteria; if so, what the details are?

Public Officer to reply : Secretary for Health and Welfare

6. Mr CHOY Kan-pui to ask : (Translation)

Does the Government know:

  1. whether there are any units in the housing estates under the management of the Housing Authority or the Hong Kong Housing Society that are currently being used for storage purposes;
  2. whether the authorities concerned have received complaints from the residents in housing estates about the above situation in the past three years; if so, of the number of complaints received each year and the housing estates which were the main targets of such complaints; and
  3. of the measures put in place by the authorities concerned to ensure that the safety of residents in housing estates will not be threatened by potential fire hazards arising from certain units being used for storage purposes?

Public Officer to reply : Secretary for Housing

* 7. Mr Bruce LIU to ask : (Translation)

It is learnt that according to the definition of "permanent resident of and the right of abode in the Hong Kong Special Administrative Region" announced recently by the Chinese authorities, those illegal immigrants who have been granted permission to stay in Hong Kong by the Director of Immigration are not regarded as ordinarily residing in Hong Kong, and they cannot therefore obtain the right of abode in the Hong Kong Special Administrative Region even if they have lived in the territory for seven years. In this connection, will the Government inform this Council:

  1. whether it agrees to the above definition; if not, whether this matter is among the items concerning the right of abode issue on which the Chinese and British sides in the Sino-British Joint Liaison Group have failed to reach a consensus;
  2. of the number of illegal immigrants who have been granted permission to stay in Hong Kong by the Director of Immigration since January 1990, and the number of such persons who are still staying in the territory; and
  3. of the nationalities of the persons mentioned in (b) above, and the number of those who are of Chinese nationality?

Public Officer to reply : Secretary for Security

* 8. Mr LAU Chin-shek to ask : (Translation)

In February this year, the Mass Transit Railway Corporation disclosed that it planned to build the East Kowloon Line (which will connect Diamond Hill with Hung Hom and extend to Wai Chai) and the North Island Line (which will run between North Point and Tamar) which were expected to come into operation in 2006. In this connection, will the Government inform this Council:

  1. whether the Government is aware of the above projects; if so, whether the Government is supportive of the projects;
  2. of the procedures involved and the length of time required for the departments concerned and the Executive Council to vet and approve the above projects; and
  3. given the current traffic congestion in the Kowloon City District, whether the Government will expedite the vetting and approval of the above projects, so as to enable the East Kowloon Line and the North Island Line to become operational before 2006?

Public Officer to reply : Secretary for Transport

* 9. Mr Michael HO to ask : (Translation)

In regard to the incident several weeks ago in which a child patient in the paediatric ward in Yan Chai Hospital was allegedly taken away from the ward by a press reporter for interview and photo-taking, does the Government know:

  1. whether the Hospital Authority will review the security measures in paediatric wards; if so, what the details are;
  2. how the Hospital Authority ensures that the strengthening of security measures in paediatric wards will not cause inconvenience to the family members of child patients and the staff working in the wards; and
  3. whether prosecution will be instituted against those persons who intentionally defy the security measures in the wards and take child patients away from the wards without permission?

Public Officer to reply : Secretary for Health and Welfare

*10. Mr CHENG Yiu-tong to ask : (Translation)

The unemployment rate currently released by the Government is worked out on the basis of the entire labour force in the territory (including all foreign workers). In this connection, can the Government provide the unemployment rate of local workers (excluding foreign workers) in each of the past three years; if not, why not, and whether it will consider collecting such information and publishing it on a regular basis?

Public Officer to reply : Secretary for Financial Services

*11. Mr Henry TANG to ask : (Translation)

In view of the general decline in the rental values of factory buildings in recent years, will the Government inform this Council of:

  1. the actual impact of the latest revaluation of rateable values on the rental values of factory buildings in general; and
  2. a breakdown of the average rental values and rates payable in respect of large, medium and small-sized units in factory buildings located in various industrial districts, including Tsuen Wan, Kwai Chung, Cheung Sha Wan, Kwun Tong and Island South, together with a comparison of these figures with the corresponding figures immediately before the revaluation in 1993?

Public Officer to reply : Secretary for the Treasury

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

Will the Government inform this Council whether it knows if the authorities concerned have any plan to construct a building complex in the Ma On Shan district, containing library and indoor stadium facilities as well as youth and children centres?

Public Officer to reply : Secretary for Broadcasting, Culture and Sport

*13. Miss Christine LOH to ask :

According to the Long Term Housing Strategy Review Consultative Document, it is estimated that 85,000 flats will be produced each year to meet the territory's housing demand during the period from 1995 to 2001. The Review also states that sufficient land has been identified for this purpose. In this connection, will the Government inform this Council of:

  1. the estimated and actual production of flats, together with a breakdown of the estimated and actual number of flats demolished, in 1995 and 1996 respectively; and
  2. the estimated production of flats in each of the years from 1997 to 2001, together with a breakdown of the estimated annual number of flats demolished during the same period?

Public Officer to reply : Secretary for Housing

*14. Miss Emily LAU to ask : (Translation)

At the special meeting of the Finance Committee held on 25 March this year to examine the draft Estimates of Expenditure for 1997-98, the Secretary for Works indicated that, in order to reduce the impact of slope stabilization works on the environment, the departments concerned would plant vegetation on the affected slopes once the slope stabilization works were completed. However, the Secretary also pointed out that not all of these slopes were suitable for planting vegetation. In this connection, will the Government inform this Council of:

  1. the categories of slopes which have undergone stabilization works but are not suitable for planting vegetation, and the reasons therefor; and
  2. the total number of slopes in the territory which have undergone stabilization works and are suitable for planting vegetation but have not yet been resurfaced; and the expected completion dates of all such resurfacing works?

Public Officer to reply : Secretary for Works

*15. Mr WONG Wai-yin to ask : (Translation)

It is learnt that the Country Park Section of the Route 3 project undertaken by a private sector consortium will be completed ahead of schedule, while the completion of the Ting Kau Bridge Section of the Route 3 project undertaken by the Government will fall behind schedule. In this connection, will the Government inform this Council:

  1. of the respective completion dates for these two projects according to the latest estimates, as well as the respective periods of early completion and slippage as compared to the original scheduled completion dates;
  2. of the respective reasons for the early completion and slippage of these two projects; and
  3. whether it has considered speeding up the construction of the Ting Kau Bridge Section so as to complete it within the original scheduled date; if so, what the details are?

Public Officer to reply : Secretary for Transport

*16. Dr HUANG Chen-ya to ask : (Translation)

Will the Government inform this Council:

  1. whether it knows of the number of patients suffering from breast cancer admitted into various public hospitals for treatment in each of the past five years, as well as their age profile and clinical stages;
  2. of the resources allocated by the Department of Health in the current financial year for the promotion of health education on breast cancer so as to assist the female in the prevention and early detection of the cancer; and whether it is aware of the allocation of resources by the Hospital Authority in the current financial year in this regard;
  3. whether, over the past five years, there has been any data indicating that the patients themselves have been able to detect the cancer at an early stage; if not, what measures does the Government have to strengthen the health education currently provided by the Department of Health so as to facilitate the early detection of the cancer by the patients themselves; and
  4. whether it is aware of the plans put in place by the Hospital Authority to reduce the waiting time of patients suffering from breast cancer for treatment?

Public Officer to reply : Secretary for Health and Welfare

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

Will the Government inform this Council:

  1. of the criteria adopted in 1973 for determining the noise emission standard for pump rooms in buildings;
  2. of the rationale for the Government applying the same standard in regulating noise emission from pump rooms in buildings completed before and after 1973; and
  3. whether the Government has considered amending the relevant regulations with a view to applying different standards in regulating noise emission from pump rooms in buildings completed before and after 1973; if so, what the details are?

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

*18. Mr Howard YOUNG to ask :

In view of the increasing number of complaints about local marine fish being infected with a foul taste, will the Government inform this Council whether the Agriculture and Fisheries Department carries out regular checks on the territory's mariculture establishments to ascertain if the local marine fish is being adversely affected by pollution?

Public Officer to reply : Secretary for Economic Services

*19. Mr Bruce LIU to ask : (Translation)

Will the Government inform this Council of:

  1. the number of societies which, upon establishment, have sent notifications in writing to the Societies Officer in accordance with the provisions of the Societies (Amendment) Ordinance since its implementation in 1992;
  2. the number of societies in respect of which the Secretary for Security has made orders under the above Ordinance to prohibit their operation or their continued operation since 1992, and the grounds on which the Secretary based his decision to make such orders; and
  3. the number of societies in (b) above which have lodged appeals to the Governor in Council against the orders made by the Secretary for Security, and the outcome of such appeals?

Public Officer to reply : Secretary for Security

*20. Mr Michael HO to ask : (Translation)

The Government is planning to build a helipad at Siu Sai Wan to facilitate the provision of A-type casualty evacuation services by the Pamela Youde Nethersole Eastern Hospital. It is learnt that the rooftop helipad of the Pamela Youde Nethersole Eastern Hospital has never been put to use. In this connection, will the Government inform this Council whether the rooftop helipad of the Hospital not being put to use is due to problems in the design of the rooftop helipad; if not, what the reasons are; if so, what the specific problems are and how the Government will ensure that new hospitals to be built in future will not have similar problems?

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

* For written reply.

III. Government Motions

Television Ordinance

Secretary for Broadcasting, Culture and Sport :

That the Television (Advertising) Regulation and the Television (Programmes) Regulation, made by the Governor in Council on 22 April 1997, be approved.

IV. Government Bills

Second Reading

Debates to resume

1. Justices of the Peace Bill

:

Chief Secretary

2. Estate Agents Bill

:

Secretary for Housing

3. Child Abduction and Custody Bill

:

Secretary for Health and Welfare

4. The Open Learning Institute of Hong Kong (Amendment) Bill 1997

:

Secretary for Education and Manpower

5. Transfer of Sentenced Persons Bill

:

Secretary for Security

Committee Stage and Third Reading

1. Justices of the Peace Bill

:

Chief Secretary

2. Estate Agents Bill

:

Secretary for Housing

3. Child Abduction and Custody Bill

:

Secretary for Health and Welfare

4. The Open Learning Institute of Hong Kong (Amendment) Bill 1997

:

Secretary for Education and Manpower

5. Transfer of Sentenced Persons Bill

:

Secretary for Security

V. Members' Motions

1. Promotion of building safety

Mr NGAN Kam-chuen : (Translation)

That this Council urges the Government to formulate proper measures as soon as possible to tie in with the phased implementation of the 'Building Safety Inspection Scheme' and render concrete support to those owners of private residential premises who are in need of assistance, and to complete the task of inspecting all cantilevered canopies in Hong Kong in the near future and step up its efforts in demolishing unauthorized structures, with a view to raising the standard of building safety in Hong Kong and safeguarding the lives and property of the public.

Public Officer to attend : Secretary for Planning,

Environment and Lands

2. 1989 pro-democracy movement 4 June incident

Mr SZETO Wah : (Translation)

That this Council is of the opinion that the pro-democracy movement 4 June incident in 1989 should be vindicated.


Ray CHAN


for Clerk to the Legislative Council


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