A 98/99-37(1)

Legislative Council

Agenda
Wednesday 19 May 1999 at 2:30 pm

I. Papers

Subsidiary Legislation L.N. No.
1.Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 1999 121/99
2.Film Censorship (Amendment) Ordinance 1999 (9 of 1999) (Commencement) Notice 1999122/99


II. Questions

1. Hon SIN Chung-kai to ask: (Translation)

Regarding the competitive environment of the broadband conveyance services ("BCS") market in Hong Kong, will the Government inform this Council:

  1. of the current number of BCS providers; whether it has assessed if there is any anti-competitive behaviour such as predatory pricing in the market; and the measures it will take to ensure fair competition in the market;

  2. whether it will re-examine its policy of non-intervention towards Type II BCS interconnection, and consider introducing legislative measures to require Fixed Telecommunication Network Services licensees to permit, on a non-discriminatory basis, Internet Service Providers ("ISPs") to share their voice lines in providing BCS; and

  3. of the measures it will take to ensure equal access to the cable TV network of the Hong Kong Cable Television Limited by ISPs affiliated to the company and other ISPs in providing BCS?
Public Officer to reply : Secretary for Information Technology and Broadcasting

2. Hon LAW Chi-kwong to ask: (Translation)

Regarding applications by elderly persons for admission to residential care homes for the elderly ("RCHEs"), will the Government inform this Council of:

  1. the respective numbers of private RCHEs with licences or certificates of exemption which are currently participating in the Bought Place Scheme ("BPS") or the Enhanced Bought Place Scheme ("EBPS"), and the respective numbers of places that the Government has bought from the private RCHEs under the two schemes;

  2. the respective occupancy rates of the subvented RCHEs and the private RCHEs participating in the BPS or the EBPS at present, and the respective waiting times for admission to these institutions; and

  3. given that there are differences among the subvented RCHEs and the private RCHEs participating in the BPS or the EBPS in terms of their staffing levels and facilities, of the reasons for its plan to withdraw the elderly's right to select their preferred RCHEs, and whether it has assessed if this will contravene the principle of respecting the elderly as advocated by the Administration?
Public Officer to reply : Secretary for Health and Welfare

3. Hon CHEUNG Man-kwong to ask: (Translation)

In its Statement made upon the completion of the investigation into the professional conduct of the provisional liquidator of Peregrine Investments Holdings Limited ("Peregrine"), the Council of the Hong Kong Society of Accountants ("Council") reprimanded the provisional liquidator for failing to disclose its audit relationship with the purchaser in handling a transaction concerning the sale of the business of Peregrine. The Statement also pointed out that an affidavit submitted by the provisional liquidator to the Court in the application for sanction to sell the business could have been more clearly drafted. However, the Statement did not offer any explanation for the acts of the provisional liquidator, nor did it provide an assessment of the impact brought about by the case, or respond to the other queries raised by the Court in respect of the case. In this connection, will the Government inform this Council whether:

  1. it has examined if the way the Council handled the case was in accordance with the requirement of the law; if the Administration considers it to be so, the reasons for it; if it considers otherwise, of the follow-up actions to be taken;

  2. it has assessed if the acts of the provisional liquidator were in breach of the professional conduct, and their impact on the community; and

  3. it has assessed if the provisional liquidator was in breach of the law in the course of liquidation, when he failed to faithfully declare its interest to the Court, or submitted an incomplete or incorrect affidavit to the Court?
Public Officer to reply: Secretary for Financial Services

4. Dr Hon TANG Siu-tong to ask: (Translation)

At present, persons seeking treatment at the accident and emergency ("A & E") departments of public hospitals are classified into five categories according to the urgency of their cases, so as to determine their priorities for consultation. In this connection, will the Government inform this Council of:

  1. the respective numbers of persons in the different categories seeking treatment in different time slots of the day at the A & E department of each public hospital over the past three years, and the percentage of each category against the total number of persons at that department;

  2. the percentage of the operating cost (please state the items included) for the A & E department of each hospital against the overall operating cost for that hospital last year; and

  3. how the average operating cost for the A & E department of a public hospital compares to that for a clinic under the Department of Health in providing night-time out-patient services; whether it has plans to extend the night-time out-patient services currently provided by the Department of Health, so as to reduce the workload of the A & E departments of public hospitals?
Public Officer to reply : Secretary for Health and Welfare

5. Hon CHAN Kam-lam to ask: (Translation)

It is reported that recently some members of the public have been treated as unlicensed hawkers or unreasonably charged with littering by the staff of the Urban Services Department ("USD"), and some licensed hawkers have allegedly been treated rudely by the staff of the Housing Department ("HD"). In this connection, will the Government inform this Council:

  1. whether training in respect of performing their relevant duties will be strengthened for staff of the USD and the HD; and

  2. of the actions that it will take against the staff who have been proved to have abused their power or failed to carry out their duties properly, to protect the rights of the public?
Public Officer to reply : Secretary for the Civil Service

6. Hon MA Fung-kwok to ask: (Translation)

Regarding the exhibition services of the Hong Kong Trade Development Council ("HKTDC"), will the Government inform this Council whether:

  1. it has any information on the HKTDC's income from providing exhibition services (including venue rentals and income generated from the construction of exhibition stands etc) in each of the past three years, as well as the HKTDC's market share in Hong Kong's exhibition services industry last year, in terms of exhibition area used and income in respect of exhibition services respectively;

  2. it has assessed if the HKTDC's recent plan to construct the Exhibition Services and Logistics Centre in Tseung Kwan O and to expand the scope of exhibition services projects undertaken by its Exhibition Services Department ("ESD") has exceeded the purview of the HKTDC; whether it has assessed if there are a conflict in role and contravention of the principle of fair competition for the HKTDC, as a public trade promotion organisation, to provide such services; and

  3. it knows if the HKTDC's ESD will undertake relevant projects for exhibitions not organized by the HKTDC; if the HKTDC's ESD will undertake such projects, whether it has assessed the impact on other exhibition services companies, and if the HKTDC will become Hong Kong's largest exhibition services company as a result of this; whether it has assessed, with the continued development of such business, if HKTDC will become a business conglomerate competing with commercial enterprises?
Public Officer to reply : Secretary for Trade and Industry

*7. Hon CHENG Kai-nam to ask: (Translation)

Regarding the cases in which property owners who have obtained loans from the Hong Kong Housing Society ("HKHS") and the Hong Kong Housing Authority ("HKHA") through the Sandwich Class Housing Loan Scheme and the House Purchase Loan Scheme but have failed to effect repayment by instalments on due dates, will the Government inform this Council whether it knows:

  1. the number of cases of failure to pay back on due dates during each of the past two years for each scheme; and the percentage of those cases out of the total number of loan cases in the respective schemes;

  2. the reasons for the property owners' failure to pay back on schedule; and

  3. how HKHS and HKHA have dealt with those cases?
Public Officer to reply : Secretary for Housing

*8. Hon Bernard CHAN to ask:

Will the Government inform this Council:

  1. of the number of Comprehensive Social Security Assistance ("CSSA") recipients who are currently receiving a monthly statutory compensation under the Employees' Compensation Ordinance (Cap. 282), which amounts to 80% of their pre-injury monthly income;

  2. of the total amount of CSSA payments made in such cases in the past 12 months;

  3. of the number of CSSA recipients who, taking into account the employees' compensation they also receive, have a monthly income higher than their pre-injury monthly earnings and, among these cases, of the longest period of concurrent payments made;

  4. whether employees' compensation is classified as an asset rather than income in processing CSSA applications; if so, the reasons for that; and

  5. whether the Government will review its policy of granting CSSA to recipients who are also in receipt of employees' compensation?
Public Officer to reply: Secretary for Health and Welfare

*9. Hon Andrew CHENG to ask: (Translation)

It is noted that a property in Oil Street, North Point, which was previously used by the Government Supplies Department for storage purposes, has been leased on short term tenancies to cultural and arts groups. The terms of the tenancies include rents charged at $2.5 per square foot and a minimum area of 3 000 square feet to be rented by each tenant. In this connection, will the Government inform this Council:

  1. of the criteria used in setting the level of rent; and

  2. of the justifications for requiring the renting of a minimum area; and whether it will consider relaxing such requirement?
Public Officer to reply : Secretary for the Treasury

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

In recent years, the waters in Victoria Harbour have become choppy due to the effects of reclamation projects, directly affecting the navigation stability and safety of vessels sailing in the harbour. In this connection, will the Government inform this Council whether:

  1. the seawalls lining Victoria Harbour are designed with wave-breaking features;

  2. the piers on both shores of Victoria Harbour are equipped with facilities to cushion the impact of vessels bumping against the embankment; and

  3. it has studied the ways to make the waters in the harbour less choppy; if so, the findings of the study, and the proposals that it has and has not accepted, together with the reasons for rejecting the proposals concerned?
Public Officer to reply : Secretary for Economic Services

*11. Dr Hon HO Chung-tai to ask: (Translation)

It is reported that, according to a survey, over 40% of owners of properties identified for redevelopment by the Land Development Corporation ("LDC") said that they would not spend money on inspecting and maintaining their properties for structural safety purpose. In this connection, will the Government inform this Council:

  1. whether it knows the current number of buildings identified for redevelopment by LDC that have just completed or are carrying out structural safety inspection or maintenance works;

  2. whether it has assessed the attitudes of these property owners towards inspecting and maintaining their properties for structural safety purpose; if so, the results of the assessment;

  3. how it will assist and encourage these property owners to have their properties inspected and maintained for structural safety purpose; and

  4. whether it will discuss with LDC the measures to be adopted so that the owners concerned will assume the responsibilities for having their properties inspected to ensure their structural safety and to safeguard public safety?

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

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

Rule A of Appendix 10 of the Listing Rules published by the Stock Exchange of Hong Kong Limited (SEHK) provides that during the period of one month immediately preceding the announcement of a company's annual results, the company's directors should not purchase or sell any securities of the company unless the circumstances are exceptional. Besides, the Securities (Disclosure of Interests) Ordinance (Cap. 396) provides that where a principal shareholder purchases or sells any shares of his company, he shall notify the SEHK within the period of five days next following the day of the transaction. It was reported that the Chairman of the Pacific Century Group had sold shares of the Hutchison Whampoa Limited two years ago without notifying the SEHK within the specified time. In this connection, will the Government inform this Council:

  1. whether it knows if the SEHK and the Securities and Futures Commission ("SFC") are investigating the incident of the Pacific Century Group; if so, of the expected time for publishing the outcome of it;

  2. of the division of work in general between the SEHK and the SFC in enforcing the provisions of the listing Rules and the Ordinance listed above; and

  3. of the respective numbers of cases of alleged contravention of the above provisions for which the SEHK and the SFC had conducted investigations in each of the years since 1 May 1996; the average time spent on the investigation of each case; the respective numbers of cases in which the conclusion was reached that the persons in question had contravened the relevant provisions; and the respective penalties imposed on the offenders?
Public Officer to reply : Secretary for Financial Services

*13. Hon Mrs Sophie LEUNG to ask:

On 5 January this year, the Chief-Executive-in-Council directed that for Stage II of the Strategic Sewage Disposal Scheme, the Administration should adopt a configuration which comprised chemical treatment and subsequent disinfection of the sewage, followed by discharge via an outfall to the East of Lamma Island in Hong Kong waters. Regarding the decision on the disinfection method, will the Government inform this Council:

  1. of the process by which the Government will determine the method of disinfection;

  2. whether consultancy study will be conducted before the decision is made; if so, the estimated cost of it; and

  3. when such a decision will be made?
Public Officer to reply : Secretary for Planning, Environment and Lands

*14. Hon Fred LI to ask: (Translation)

In connection with the paper on "Retail Prices of Major Fuels" recently provided by the Administration for the Legislative Council Panel on Economic Services, will the Government inform this Council:

  1. whether it knows the respective gross margins (the ratio of gross profit to net sales) of various oil companies in last year in respect of such fuels as petrol, automotive diesel and cylinder liquefied petroleum gas ("LPG");

  2. whether it will request the oil companies to submit regularly to the Government their detailed operational and financial information, so as to facilitate the Government's work of assessing and monitoring the reasonableness of the retail prices of various fuels; whether it will submit regular reports on retail prices of fuels to this Council for reference by this Council and the public;

  3. whether it has plans to motivate other LPG suppliers to follow the example of Shell Hong Kong Limited in adopting a new pricing mechanism whereby LPG prices are adjusted at half-yearly intervals, so that the changes in the wholesale price of LPG can fully reflect the changes in the import price;

  4. apart from the efforts of the Consumer Council in continuing with its study on the functional aspects of competition in the Hong Kong petroleum products industry, of the other follow-up actions to be taken by the Administration in respect of fuel prices; and

  5. of the respective numbers of oil companies whose profit margins in respect of cylinder LPG (the ratio of the profits of selling cylinder LPG to the net cost) in last year were higher and lower than the average profit margins?
Public Officer to reply : Secretary for Economic Services

*15. Hon Eric LI to ask: (Translation)

Will the Government inform this Council of the assistance it offers to non-governmental organizations established to monitor the media, such as The Society for Truth and Light Limited; and whether it has provided any funding support to such organizations; if so, the details of it; if not, whether it will consider offering support to such organizations; and if the answer is in the negative, the reasons for that?

Public Officer to reply : Secretary for Home Affairs

*16. Hon YEUNG Yiu-chung to ask: (Translation)

It is planned that 120 schools will each be provided with one Information Technology Co-ordinator in the next school year. In this connection, will the Government inform this Council:

  1. of the criteria for selecting the 120 schools;

  2. whether priority will be accorded to schools in which the Information Technology Pilot Scheme is being implemented; if so, the reasons for that; and

  3. whether these staff will be provided according to the ratio between different types of schools (for example, the ratio between primary and secondary schools or that between ordinary and special schools); if so, the details of that?
Public Officer to reply : Secretary for Education and Manpower

*17. Hon Christine LOH to ask:

Will the Administration inform this Council whether the Buildings Department has engaged or is about to engage consultants to study building legislation and related matters; if so,

  1. of the purpose of the consultancy study;

  2. of the details of the briefs issued to the consultants; and

  3. whether issues such as resource and energy efficiency, environmental protection and public health will be covered in the study?
Public Officer to reply : Secretary for Planning, Environment and Lands

*18. Hon LAU Kong-wah to ask: (Translation)

It is reported that in disposing of documents containing personal data as waste paper, some waste paper recycling companies have recently failed to adopt appropriate measures to guard against leaking out the personal data on such documents. In this connection, will the Government inform this Council:

  1. whether currently there is any legislation regulating the disposal of waste paper containing personal data by waste paper recycling companies;

    1. if so, how it monitors such companies for compliance with such legislation; if it has not monitored them, the reasons for that;

    2. if not, whether it will consider introducing such legislation; and

  2. how various government departments ensure that waste paper recycling companies will, after collecting waste paper containing personal data from the departments concerned, adopt appropriate measures to prevent the leakage of the personal data?
Public Officer to reply : Secretary for Home Affairs

*19. Hon Emily LAU to ask:

I was told that the Chief Executive had appointed a person, who is a defendant in a defamation case, as a Member of the Judicial Officers Recommendation Commission ("JORC") for the period 1 February 1999 to 30 June 1999. The case commenced on 21 May 1998 and is now pending in the court. In this connection, will the Executive Authorities inform this Council:

  1. of the criteria adopted by the Chief Executive in making appointments to JORC;

  2. whether they have assessed if a person who is a party in a pending court case is an appropriate candidate for appointment to JORC; and

  3. of the mechanism JORC has put in place to require a Member to declare any conflict of interests when considering recommendations for appointment of judges?
Public Officer to reply : Chief Secretary for Administration

*20. Hon MA Fung-kwok to ask: (Translation)

A new administrative measure has been implemented since 1 August 1997 to allow an applicant for a Places of Public Entertainment (Cinema) Licence to apply for a provisional cinema licence at the same time, and the applicant may obtain a valid licence within 10 days at the earliest to operate a cinema. Furthermore, legislative amendments are also planned to provide a legal basis for the new measure. In this connection, will the Government inform this Council of:

  1. the respective numbers of applications for provisional cinema licences received and approved since the implementation of the new measure, as well as the number of such applications that are being processed;

  2. the number of prosecutions instituted against cinemas operating without licences since the implementation of the new measure, and the average amount of fines imposed on the convicted persons; and

  3. the planned timing for the introduction of the relevant bill?
Public Officer to reply : Secretary for Home Affairs

* For written reply.

III. Bills

First Reading

1. Adaptation of Laws (No.12) Bill 1999
2. Adaptation of Laws (No.13) Bill 1999
3. Tax Reserve Certificates (Amendment) Bill 1999
4. Adaptation of Laws (No.14) Bill 1999

Second Reading (Debates to be adjourned)

1. Adaptation of Laws (No.12) Bill 1999:Secretary for Trade and Industry

2. Adaptation of Laws (No.13) Bill 1999:Secretary for Trade and Industry

3. Tax Reserve Certificates (Amendment) Bill 1999 :Secretary for the Treasury

4. Adaptation of Laws (No.14) Bill 1999:Secretary for Home Affairs


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

1. Adaptation of Laws (No.6) Bill 1999:Secretary for Health and Welfare

2.Adaptation of Laws (No.17) Bill 1998:Secretary for Home Affairs


IV. Motions

Government Motion

Secretary for Security to move the following motion:

That this Council supports the Chief Executive's decision to request the State Council to approach the Standing Committee of the National People's Congress to interpret Article 22(4) and Article 24(2)(3) of the Basic Law.

V. Members' Motions

1. Developing Chinese medicine centre

Hon CHAN Yuen-han: (Translation)

That, as a considerable number of Hong Kong people consider that there is a need to adjust our economic structure and develop high value-added industries in the wake of the financial turmoil, this Council urges the Government to expeditiously develop Hong Kong into a centre for Chinese medicine as stated in the Policy Addresses in 1997 and 1998, and to explore and formulate specific recommendations for achieving the following objectives:

  1. developing international markets for the local Chinese medicine industry;

  2. developing Hong Kong into a centre for the co-ordination, research and development, quality control, information and promotion of Chinese medicine;

  3. developing Hong Kong into a production centre for high value-added proprietary Chinese medicine, as well as natural and health products; and

  4. creating more local employment opportunities through the development of economic activities relating to the trading, provision of medical treatment and retailing of Chinese medicine.
Public Officer to attend: Secretary for Trade and Industry

2. The 4 June incident

Hon SZETO Wah: (Translation)

That this Council commemorates the tenth anniversary of the 4 June incident, mourns for those compatriots who died in the incident, and considers that the pro-democracy movement in 1989 must be vindicated.

Clerk to the Legislative Council