A 99/00-33(1)

Legislative Council

Agenda

Wednesday 21 June 2000 at 9:30 am


I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
Financial Resources Rules (Exemption)Notice 2000 215/2000

Other Papers

1. No.105-Report on the Administration of the Immigration Service Welfare Fund prepared by the Director of Immigration Incorporated in accordance with Regulation 12(b) of the Immigration Service (Welfare Fund) Regulation
(to be presented by Secretary for Security)

2. No.106-The Government Minute in response to the Report No. 33B of the Public Accounts Committee dated April 2000
(to be presented by Chief Secretary for Administration, who will address the Council)

3. No.107 -Report of the Public Accounts Committee on Report No. 34 of the Director of Audit on the Results of Value for Money Audits (June 2000 - P.A.C. Report No. 34)
(to be presented by Hon Eric LI, Chairman of the Public Accounts Committee, who will address the Council)

4. No.108 -1999 Annual Report by the Commissioner of the Independent Commission Against Corruption Hong Kong Special Administrative Region
(to be presented by Hon Fred LI, who will address the Council)

5. No.109 -Sir Robert Black Trust Fund Annual Report for the year 1 April 1999 to 31 March 2000
(to be presented by Secretary for Home Affairs)

6. No.110 -Sir David Trench Fund for Recreation Trustee's Report 1999-2000
(to be presented by Secretary for Home Affairs)

7. No.111 -The Twelfth Annual Report of the Ombudsman, Hong Kong (June 2000)
(to be presented by Chief Secretary for Administration)

8. No.112 -Independent Commission Against Corruption Complaints CommitteeAnnual Report 1999
(to be presented by Hon Howard YOUNG, who will address the Council)

9. No.113-Report of the Independent Police Complaints Council 1999
(to be presented by Dr Hon LEONG Che-hung, who will address the Council)

10. Committee on Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region Progress Report for the period May 1999 to June 2000
(to be presented by Hon Mrs Selina CHOW, Chairman of the Committee, who will address the Council)

11. Report of the Panel on Home Affairs 1999/2000
(to be presented by Hon CHOY So-yuk, Chairman of the Panel, who will address the Council)

12. Report of the Panel on Transport 1999/2000
(to be presented by Hon Mrs Miriam LAU, Chairman of the Panel, who will address the Council)

13. Report of the Panel on Housing 1999/2000
(to be presented by Hon LEE Wing-tat, Chairman of the Panel, who will address the Council)

14. Report of the Panel on Security 1999/2000
(to be presented by Hon James TO, Chairman of the Panel, who will address the Council)

15. Report of the Panel on Constitutional Affairs 1999/2000
(to be presented by Hon Andrew WONG, Chairman of the Panel, who will address the Council)

16. Report of the Panel on Financial Affairs 1999/2000
(to be presented by Hon Ambrose LAU, Chairman of the Panel, who will address the Council)

17. Report of the Panel on Planning, Lands and Works 1999/2000
(to be presented by Hon Edward HO, Chairman of the Panel, who will address the Council)

18. Report of the Panel on Welfare Services 1999/2000
(to be presented by Hon CHAN Yuen-han, Chairman of the Panel, who will address the Council)

19. Report of the Panel on Information Technology and Broadcasting 1999/2000
(to be presented by Hon MA Fung-kwok, Chairman of the Panel, who will address the Council)

20. Report of the Panel on Health Services 1999/2000
(to be presented by Hon Michael HO, Chairman of the Panel, who will address the Council)

21. Report of the Panel on Environmental Affairs 1999/2000
(to be presented by Hon Christine LOH, Chairman of the Panel, who will address the Council)

22. Report of the Bills Committee on Legal Practitioners (Amendment) Bill 1999
(to be presented by Hon Margaret NG, Chairman of the Bills Committee)

23. Report of the Bills Committee on Evidence (Amendment) Bill 1999
(to be presented by Hon Albert HO, Chairman of the Bills Committee)

24. Report of the Bills Committee on Companies (Amendment) Bill 2000
(to be presented by Hon Ronald ARCULLI, Chairman of the Bills Committee)

25. Report of the Bills Committee on Building Management (Amendment) Bill 2000
(to be presented by Hon CHAN Kam-lam, Chairman of the Bills Committee)

26. Report of the Bills Committee on Human Reproductive Technology Bill
(to be presented by Hon Cyd HO, Chairman of the Bills Committee)

27. Report of the Bills Committee on Broadcasting Bill
(to be presented by Hon Mrs Selina CHOW, Chairman of the Bills Committee)

II. Addresses

1.Hon LEE Cheuk-yan and Chief Secretary for Administration to address the Council separately on the Legal Aid (Assessment of Resources and Contributions) (Amendment) Regulation 2000, which is subsidiary legislation laid on the Table of the Council on 24 May 2000.

2.Hon Mrs Miriam LAU to address the Council on the Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No.2) Regulation 2000, which is subsidiary legislation laid on the Table of the Council on 24 May 2000.

II. Questions

1. Hon TSANG Yok-sing to ask:
(Translation)

Regarding the allocation of premises in public housing estates by the Housing Department ("HD") to sponsoring bodies for operating kindergartens, will the Government inform this Council:

  1. of the length of the tenancies in general;

  2. whether HD has a right to and will repossess, in part or in whole, the premises leased to a kindergarten before the expiration of the tenancy when the intake of the kindergarten is much lower than the target; and

  3. whether it adjusts the respective numbers of kindergartens in public housing estates in the light of the changes in the population profile in these estates; if so, of the way in which the adjustment mechanism operates?
Public Officer to reply : Secretary for Housing

2. Hon LAU Wong-fat to ask: (Translation)

With regard to the reciprocal Postal Remittance Service between Hong Kong and the Mainland introduced by the Post Office on 30 March, will the Government inform this Council of:

  1. the total amount of remittance, in terms of Hong Kong currency, remitted to the Mainland through the service, as at the end of last month; and

  2. the reasons for the Post Office converting a remittance from Hong Kong dollars into US dollars before remitting it to the Mainland?
Public Officer to reply : Secretary for Economic Services

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

Late last month, the Hong Kong Housing Society ("HS") put up for sale the remaining flats of three Sandwich Class Housing Scheme ("SCHS") estates at prices 10% to 30% lower than those set for these estates when they were first put up for sale. Some owners of the flats in those estates were dissatisfied with the HS's move to sell the remaining flats at reduced prices. In connection with the determination of the prices of public housing, will the Government inform this Council whether:

  1. it is aware of the HS's considerations and rationale in deciding to sell these flats at reduced prices;

  2. it knows if the price level of private residential property, or the affordability of the potential buyers, is the HS's main consideration when it determines the prices of the SCHS flats; and

  3. the prices set for public housing have been used for stabilizing the price level of the overall residential property market; if so, whether the HS has set the prices of the SCHS flats according to such an objective?
Public Officer to reply : Secretary for Housing

4. Hon SZETO Wah to ask: (Translation)

The Administration commissioned a survey in January last year to obtain public views on age discrimination in recruitment. According to the findings of the survey, 82% of the respondents considered that employers did practise age discrimination in recruitment, and 57% concurred that legislation was an effective measure to eliminate such discrimination. In this connection, will the Government inform this Council:

  1. of the follow-up actions it has taken in this regard;

  2. given that it undertook last June to review in six to 12 months' time the problem relating to age discrimination practices, of the details and the conclusions of the review; and

  3. whether it has drawn up a timetable for legislating against age discrimination; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

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

Regarding the installation of automated refuse collection systems, will the Government inform this Council:

  1. of the progress of the plan to have such systems installed in newly completed public rental housing estates and Home Ownership Scheme housing courts;

  2. how such systems should be designed and operated to achieve the objective of separate collection of waste that can be recycled; and

  3. whether it will consider introducing legislation to require the installation of such systems in all newly completed residential buildings?
Public Officers to reply: Secretary for the Environment and Food
Secretary for Planning and Lands
Secretary for Housing

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

According to the Summary Offences Ordinance (Cap. 228), any person who organizes or participates in a lion dance, dragon dance or unicorn dance, or any attendant martial arts display in a public place shall have to apply for and obtain a permit from the Commissioner of Police ("CP") in advance. In this connection, will the Government inform this Council:

  1. of the purposes of and the justifications for requiring that such permits be obtained;

  2. of the reasons for requiring the applicants and the participants of such activities to authorize CP to check if they have any records of criminal convictions; how such records affect the decisions of CP in approving permit applications; and

  3. whether the organizers or participants of sports activities and performances held in a public place are also required to obtain permits issued by CP, or heads of other Government departments, in advance; if so, whether the application procedures relating to such activities also require the applicants and the participants to authorize the authorities concerned to check if they have any records of criminal convictions?
Public Officer to reply : Secretary for Security

*7. Hon FUNG Chi-kin to ask: (Translation)

Will the Government inform this Council whether it knows:

  1. the number of complaints lodged with the Consumer Council by Mainland tourists in each of the past three years, together with a breakdown of the complaints by subject matter; and

  2. if the Consumer Council has considered taking further measures to give more assistance to these tourists in claiming compensation?
Public Officer to reply : Secretary for Trade and Industry

*8. Hon Mrs Miriam LAU to ask: (Translation)

Will the Government inform this Council of:

  1. the number of stolen container trailers reported in each of the past three years, and its percentage in the total number of registered container trailers at the end of each year;

  2. the number of stolen trailers recovered in each of the past three years; and

  3. the measures in place to combat such theft?
Public Officer to reply : Secretary for Security

*9. Hon David CHU to ask: (Translation)

Regarding the scheme under consideration to replace diesel light buses with liquefied petroleum gas ("LPG") light buses, will the Government inform this Council whether:

  1. it has compared the prices of LPG public light buses and diesel public light buses, and assessed if the prices of LPG public light buses will be an obstacle to the implementation of the scheme; if they will, of the corresponding measures it will adopt; and

  2. it has compared the operating costs of LPG public light buses and diesel public light buses, and whether concessionary measures or subsidies will be offered to public light bus owners and drivers to encourage them to switch to LPG vehicles?
Public Officer to reply : Secretary for the Environment and Food

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

Residents in a number of Harmony-type Public Rental Housing ("PRH") estates and Home Ownership Scheme ("HOS") housing courts, including Ping Tin Estate, Tsz Lok Estate, Tsz Ching Estate, Hiu Lai Court and Hong Pak Court, complain that although they have moved in for just a short period of about two to three years, problems such as debonding of mosaic tiles on the corridor walls and external walls, smoke doors not closing tight and exposure of reinforcing bars on the walls of fire escapes, have emerged in their estates or courts. In this connection, will the Government inform this Council:

  1. of the names of estates and housing courts within five years of occupation in which the problems mentioned above are common, and the respective numbers of housing blocks concerned in each of these estates and courts;

  2. of the causes of such problems in these housing blocks; and the specific measures to prevent occurrence of such problems in housing blocks to be completed in future;

  3. whether it will conduct thorough investigations in all the housing blocks in those estates and courts to identify all the places plagued with such problems and carry out proper maintenance works; if not, of the reasons for that; and

  4. whether the authorities concerned will shoulder the responsibility for the repairs and maintenance of HOS housing courts when these problems occur within five years of occupation; if not, of the reasons for that?
Public Officer to reply : Secretary for Housing

*11. Hon Ambrose LAU to ask: (Translation)

In reply to a question raised in this Council on 23 February this year, the Government advised that it would complete the Port Back-up Facilities and Land Requirement Study in the first quarter of the year. In this connection, will the Government inform this Council of the conclusions and recommendations of the Study, as well as the measures it has taken or will take to implement the recommendations?

Public Officer to reply : Secretary for Economic Services

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

Regarding the elderly persons sharing public rental housing units with unrelated persons, will the Government inform this Council:

  1. of the number of applications received from such elderly tenants for transfer to one-person units and, among them, the number of approved applications, in each of the past three years; and

  2. whether it has plans to allocate additional resources so that each of them is provided with a one-person unit, for the purpose of improving their living conditions; if so, of the relevant details; if not, the reasons for that?
Public Officer to reply : Secretary for Housing

*13. Hon Christine LOH to ask:

The Government has accepted in principle the extension of Hong Kong Electric Company Limited ("HEC")'s Lamma Power Station to cater for additional generation facilities which will be fuelled by liquefied natural gas ("LNG") supplied by a LNG Terminal to be built in Shenzhen. In this connection, will the Government inform this Council:

  1. whether the increased level of works now being undertaken at the Lamma Power Station is part of the reclamation and site formation works for the new generation facilities;

  2. of the assurances the Government has obtained in respect of the completion date of the LNG Terminal in Shenzhen in order to tie in with the scheduled opening date of the new generation facilities;

  3. how an adequate supply of electricity in HEC's service area in 2004 can be ensured in the event of a failure in the supply of LNG and HEC cannot fall back on the use of light gas oil as an alternative fuel due to environmental protection considerations;

  4. whether it has learnt from the Mainland authorities that the HKSAR Government's approval of HEC's proposal would facilitate the financing of the LNG Terminal in Shenzhen; and

  5. whether the capital costs of reclamation and site formation will be included in the calculation of profits under the Scheme of Control Agreement entered with HEC; if so, of the mechanism in place to prevent an excessive generation capacity resulting in an overcharge of basic tariff on customers?
Public Officer to reply : Secretary for Economic Services

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

Regarding the treatment of tuberculosis ("TB"), will the Government inform this Council:

  1. of the percentage of TB cases confirmed to have been caused by drug-resistant TB strains in the total number of TB cases reported in the past three years; how the treatment processes, costs and recovery rates of such TB cases compare to those of general TB cases;

  2. of the percentage of TB patients who refused to continue treatment during the process over the past three years and the reasons for that, as well as the impact of TB patients discontinuing treatment on the spreading of the disease; and

  3. whether the Administration will step up publicity to enhance public awareness of the causes and treatment of TB?
Public Officer to reply : Secretary for Health and Welfare

*15. Hon TSANG Yok-sing to ask: (Translation)

Regarding the participation of kindergartens in the Kindergarten Subsidy Scheme, will the Government inform this Council of:

  1. the number and percentage of kindergartens which have joined the Scheme at present;

  2. the respective numbers of kindergartens which joined or withdrew from the Scheme in each of the past two school years; and

  3. the measures in place to encourage non-profit-making kindergartens to join the Scheme?
Public Officer to reply : Secretary for Education and Manpower

*16. Hon FUNG Chi-kin to ask: (Translation)

It has been reported that in the International Institute for Management Development's report on world competitiveness released in April this year, Hong Kong was ranked 14, with a slip of seven positions from the ranking last year. An academic has pointed out that one of the reasons for the decline in ranking is that the Hong Kong Government lacks a clear target. Besides, the Economist published last month also downgraded Hong Kong to the sixth position, from its top position in the business environment ranking in the world last year. In this connection, will the Government inform this Council:

  1. whether it has studied if the competitiveness of Hong Kong is declining; if it has, of the details;

  2. whether the authorities will step up publicity and promotional efforts to enable investors to appreciate clearly the future trend of the territory's business development; and

  3. of the counter-measures in place in response to Hong Kong's being downgraded by foreign organizations and publications in terms of its competitiveness and business environment?
Public Officer to reply : Secretary for Trade and Industry

*17. Hon Ambrose LAU to ask: (Translation)

In his 1998 Policy Address, the Chief Executive introduced the policy objective of developing Hong Kong into a "world class design and fashion centre". In this connection, will the Government inform this Council of the specific measures and plans it has implemented to achieve the above-mentioned policy objective, as well as the progress and achievements of such measures and plans?

Public Officer to reply : Secretary for Trade and Industry

*18. Hon Christine LOH to ask:

Having regard to the need to take into account the objectives of sustainable development in formulating a new regulatory framework for the power supply market, will the Government inform this Council:

  1. of its present vision of the regulatory framework upon the expiry in 2008 of the Scheme of Control Agreements entered between the Government and the two power companies respectively; the steps it has taken or will take to design a new regulatory framework; the department responsible for designing and implementing such a new regulatory framework, and the technical support such a department will receive;

  2. whether it will adopt an energy policy to include greenhouse gas limits and financial incentives for renewable energy; if so, of the timing for doing so; and

  3. whether and when the costs of pollution, such as health remedy costs, damage of acid rains to crops and forests, climate change costs, will be taken into account in considering the feasibility and financial viability of various options for meeting Hong Kong's power demand?
Public Officer to reply : Secretary for Economic Services

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

In response to my question raised at the Legislative Council meeting held on 24 March 1999, the Secretary for Health and Welfare replied that the Administration could only provide the number of various types of cancer cases in Hong Kong up to 1994. Regarding the statistical surveys on various types of cancer and serious diseases, will the Government inform this Council:

  1. given that the Administration has not completed compilation of statistics on the number of various types of cancer cases for recent years, how it can ascertain the latest trend of cancer cases in Hong Kong and examine the correlation between the living habit of Hong Kong people and the incidence rates of cancer cases, and whether this has led to difficulties in promoting public awareness of cancer prevention;

  2. of the respective numbers of new cases of various types of cancer in each of the most recent three years for which data compilation has been completed; and whether these figures have shown that the age profiles of cases of colon and breast cancers are becoming younger;

  3. according to the preliminary statistical information about cancer cases obtained by the Administration, how the incidence rates of lung, liver and nasopharyngeal cancers in Hong Kong compare to the corresponding figures in New South Wales in Australia, Canada and Los Angeles in the United States over the past three years; and

  4. whether there are differences in the methodology for conducting statistical surveys and the time required for compilation of statistics on new cases of cancer and on other serious diseases; if so, of the details?
Public Officer to reply : Secretary for Health and Welfare

*20. Hon Cyd HO to ask: (Translation)

Regarding the financial management of the public-funded Hong Kong Philharmonic Orchestra ("HKPO"), will the Government inform this Council whether it knows:

  1. the total income and expenditure of the HKPO in each of the past three years, together with a detailed breakdown of such income (including government subsidies and other revenues) and expenditure;

  2. the revenue the HKPO received from the sale of the copyright of its performances and sound recordings since it entered into a contract for such with the Global Music Network ("GMN") last year; and

  3. the number of musicians from outside Hong Kong invited by the HKPO, since the above contract took effect, to perform with it in Hong Kong who were also engaged in recording musical works for the GMN during their stay in Hong Kong, and how the expenses (including those for air passage, hotel accommodation and remuneration) were apportioned between the HKPO and the GMN?
Public Officer to reply : Secretary for Home Affairs

*For written reply.

III. Bills

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

1. Legal Practitioners (Amendment) Bill 1999 : Secretary for Justice

2. Evidence (Amendment) Bill 1999 : Secretary for Justice

3. Adaptation of Laws (No.3) Bill 1999 : Secretary for Housing

4. Supplementary Appropriation (1999-2000) Bill 2000 : Secretary for the Treasury

5. Companies (Amendment) Bill 2000 : Secretary for Financial Services

6. Building Management (Amendment) Bill 2000 : Secretary for Home Affairs

7. Human Reproductive Technology Bill : Secretary for Health and Welfare

8. Broadcasting Bill : Secretary for Information Technology and Broadcasting

IV. Motions

1. Proposed resolution under the Hong Kong Court of Final Appeal Ordinance

Chief Secretary for Administration to move the following motion:

RESOLVED that -

  1. the appointment of -

    1. the Honourable Mr Justice Patrick Chan Siu Oi; and

    2. the Honourable Mr Justice Roberto Alexandre Vieira Ribeiro,

      as permanent judges of the Hong Kong Court of Final Appeal pursuant to section 7 of the Hong Kong Court of Final Appeal Ordinance be endorsed;

  2. the appointment of -

    1. the Honourable Mr Justice Henry Denis Litton; and

    2. the Honourable Mr Justice Charles Ching,

      as non-permanent Hong Kong judges of the Hong Kong Court of Final Appeal pursuant to section 8 of the Hong Kong Court of Final Appeal Ordinance be endorsed;

  3. the appointment of -

    1. the Honourable Sir Gerard Brennan;

    2. the Right Honourable Sir Thomas Eichelbaum; and

    3. the Right Honourable the Lord Millett,

      as judges of the Hong Kong Court of Final Appeal from other common law jurisdictions pursuant to section 9 of the Hong Kong Court of Final Appeal Ordinance be endorsed.

2. Proposed resolution under the Interpretation and General Clauses Ordinance

Chief Secretary for Administration to move the following motion:

RESOLVED that the Rules of the District Court, published as Legal Notice No. 186 of 2000 and laid on the table of the Legislative Council on 24 May 2000, be amended -

    (a)in Order 11, rule 6(6), by repealing and substituting

    (b)in Order 13, rule 7A(1), by repealing "State" and substituting "state";

    (c)in Order 18 -

    (i)in rule 2(1), by repealing "the plaintiff" and substituting "every other party to the action who may be affected thereby";
    (ii)in rule 22, by repealing "On making an order under rule 21 or at" and substituting "At";
    (d)in Order 24, rule 7A, by adding -

    "(7) In this rule, "a claim for personal injuries"means a claim for personal injuries or arising out of the death of a person.";
    (e) in Order 33, rule 4(2), by repealing
    (f) in Order 37, rule 10(5), by repealing and substituting
    (g) in Order 52, rule 3(4), by repealing "it thinks he" and substituting "he thinks it";
    (h)in Order 62, rule 9, by adding -

    "(4) The Court in awarding costs to any person may direct that, instead of taxed costs, that person shall be entitled -

    (a)to a proportion specified in the direction of the taxed costs or to the taxed costs from or up to a stage of the proceedings so specified; or

    (b) to a gross sum so specified in lieu of taxed costs, but where the person entitled to such a gross sum is a litigant in person, rule 28A shall apply with the necessary modifications to the assessment of the gross sum as it applies to the taxation of the costs of a litigant in person.".

3. Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for Trade and Industry to move the following motion:

RESOLVED that with effect from 1 July 2000 -

  1. the functions exercisable by the Secretary for Trade and Industry (title to be changed to Secretary for Commerce and Industry on the date this Resolution takes effect) by virtue of -
    1. section 50(1) of the Travel Agents Ordinance (Cap. 218);

    2. sections 4, 6, 14(3), 15(1) and (3), 16(1) and 35(1) of the Toys and Children's Products Safety Ordinance (Cap. 424); and

    3. sections 5, 13(2), 14(1) and (3), 15(1) and 30(1) of the Consumer Goods Safety Ordinance (Cap. 456),

      be transferred to the Secretary for Economic Services;

  2. section 50(1) of the Travel Agents Ordinance (Cap. 218) be amended by repealing "Secretary for Trade and Industry" and substituting "Secretary for Economic Services";

  3. sections 4, 6, 14(3), 15(1) and (3), 16(1) and 35(1) of the Toys and Children's Products Safety Ordinance (Cap. 424) be amended by repealing "Secretary for Trade and Industry" and substituting "Secretary for Economic Services";

  4. section 2 (in the definition of "Secretary") of the Consumer Goods Safety Ordinance (Cap. 456) be amended by repealing "Secretary for Trade and Industry" and substituting "Secretary for Economic Services";

  5. the functions exercisable by the Director-General of Industry by virtue of -
    1. section 8(3) of the Weights and Measures Ordinance (Cap. 68);

    2. section 9(1) of the Toys and Children's Products Safety Ordinance (Cap. 424); and

    3. section 11 of the Consumer Goods Safety Ordinance (Cap. 456),

      be transferred to the Commissioner for Innovation and Technology;

  6. section 8(3) of the Weights and Measures Ordinance (Cap. 68) be amended by repealing "Director-General of Industry" and substituting "Commissioner for Innovation and Technology";

  7. section 9(1) of the Toys and Children's Products Safety Ordinance (Cap. 424) be amended by repealing "Director-General of Industry" and substituting "Commissioner for Innovation and Technology";

  8. sections 2 (in the definition of "approved laboratory") and 11 of the Consumer Goods Safety Ordinance (Cap. 456) be amended by repealing "Director-General of Industry" and substituting "Commissioner for Innovation and Technology".

4. Proposed resolution under the Fixed Penalty (Criminal Proceedings) Ordinance

Secretary for Transport to move the following motion:

RESOLVED that, with effect from 1 January 2001, the Schedule to the Fixed Penalty (Criminal Proceedings) Ordinance be amended -

  1. in the Chinese text, by repealing items 37, 38 and 39 and substituting -
  2. by repealing items 50 to 55 inclusive and substituting -
"50. Regulation 7A(1)(a) Driving taxi without being securely fastened with seat belt $320
51. Regulation 7A(1)(a) Driving light bus without being securely fastened with seat belt $320
52. Regulation 7A(1)(a) Driving goods vehicle without being securely fastened with seat belt $320
53. Regulation 7A(3) Driving light bus when front seat passenger under 15 years of age not securely fastened with seat belt $230
54. Regulation 7A(3) Driving goods vehicle when front seat passenger under 15 years of age not securely fastened with seat belt $230
55. Regulation 7B(2) Driving private car when rear seat passenger not securely fastened with seat belt $230
55A. Regulation 7B(3) Driving private car when rear seat passenger under 15 years of age not securely fastened with seat belt $230
55B. Regulation 7B(6) Driving private car when rear seat passenger occupies rear seat without seat belt when there is vacant rear seat with seat belt $230".

5. Proposed resolution under the Factories and Industrial Undertakings Ordinance

Secretary for Education and Manpower to move the following motion:

RESOLVED that the Factories and Industrial Undertakings (Asbestos) (Amendment) Regulation 2000, made by the Commissioner for Labour on 13 May 2000, be approved.

(Factories and Industrial Undertakings (Asbestos) (Amendment) Regulation 2000 has been issued on 24 May 2000 under LC Paper No. CB(3) 928/99-00)

6. Proposed resolution under the Mandatory Provident Fund Schemes Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Financial Services to move the motion the contents of which were contained in the paper issued on 7 June 2000 under LC Paper No. CB(3) 993/99-00

(Mandatory Provident Fund Schemes (General) (Amendment) Regulation 2000 has been issued on 27 March 2000 under LC Paper No. CB(3) 739/99-00)

7. Proposed resolution under the Mandatory Provident Fund Schemes Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Financial Services to move the following motion:

RESOLVED that the Mandatory Provident Fund Schemes Ordinance (Amendment of Schedule 1) Notice 2000, made by the Chief Executive in Council on 21 March 2000, be approved, subject to the following amendment - in section 1(a), in the proposed item 7(1), by deleting "is terminated" and substituting "ceases".

(Mandatory Provident Fund Schemes Ordinance (Amendment of Schedule 1) Notice 2000 has been issued on 27 March 2000 under LC Paper No. CB(3) 740/99-00)

8. Proposed resolution under the Mandatory Provident Fund Schemes Ordinance

Secretary for Financial Services to move the following motion:

RESOLVED that the Mandatory Provident Fund Schemes Rules, made by the Mandatory Provident Fund Schemes Authority on 8 May 2000, be approved.

(Mandatory Provident Fund Schemes Rules has been issued on 10 May 2000 under LC Paper No. CB(3) 870/99-00)

VI. Members' Motions

1. Proposed resolution under Article 75 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

Hon Mrs Selina CHOW to move the following motion:

RESOLVED that the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region be amended -

  1. in Rule 23(3), by repealing "with no" and substituting "not intended to have";

  2. in Rule 25 -

    1. by repealing subrule (1)(e);

    2. by adding -

      "(3) If the President is of the opinion that the subject matter of a question or any part thereof notice of which is given under Rule 24(2) (Notice of Questions) is substantially the same as that of any matter -

      1. raised in another question notice of which has been given earlier for the same Council meeting; or

      2. raised in a motion, or a bill, notice of which has been given earlier for a specific Council meeting; or

      3. being considered by a standing committee or a select committee, or a committee authorized by the Council to conduct an inquiry into that matter,

        the President may direct that the Member be informed that the question or the part thereof is out of order.";

  3. in Rule 30, by adding -

    "(4) If more than one notice is received by the Clerk for the same amendment, the Member who gave the earliest notice which has not been withdrawn shall be the mover of the amendment.";

  4. in Rule 31 -

    1. by renumbering it as Rule 31(1);

    2. by adding -

      "(2) If the subject matter of a motion (not being a motion proposed to be moved by a designated public officer) not intended to have legislative effect and notice of which is given is substantially the same as that of -

    1. a motion intended to have legislative effect, or a bill, notice of which has been given earlier for a specific Council meeting; or

    2. any matter being considered by a standing committee or a select committee, or a committee authorized by the Council to conduct an inquiry into that matter,

      the President shall direct that the notice be returned to the Member who signed it, as being in his opinion out of order.";

  5. in Rule 35(1), by repealing "mover" and substituting "Member";

  6. in Rule 51 -

    1. in subrule (7)(a), by adding "subrule (7A) and" before "Rule 66";

    2. by adding -

      "(7A) Where the motion for the second or third reading of an Appropriation Bill is negatived, another Appropriation Bill containing the same or substantially the same provisions may be presented within the same session.";

  7. by repealing Rule 61(5);

  8. in Rule 66(6), by adding "(and if considered necessary, in conjunction with any referred bill as may have been presented for the purpose of amending the returned bill)" after "arrange".

2. Reducing plastic waste

Hon TAM Yiu-chung: (Translation)

That, as plastic waste keeps increasing in Hong Kong and the incineration of such waste generates a considerable amount of dioxin, causing serious damage to the environment and posing a threat to the health of the public, this Council urges the Government to adopt the following measures:

  1. promoting researches on and the use of environmentally-friendly cutlery and utensils and packaging materials;

  2. exploring the feasibility of legislating against the use of styrofoam lunch boxes;

  3. encouraging industrial and commercial enterprises to reduce the use of non-biodegradable plastic bags, as well as implementing an accountability system whereby producers (manufacturers and importers) are required to set and achieve targets for reducing plastic waste;

  4. requiring manufacturers to introduce a coding system for plastic packaging and products to facilitate the segregation, recovery and recycling of plastic waste;

  5. enlarging and providing additional government refuse collection points, and enhancing their waste-segregation function to facilitate the recovery of plastic waste;

  6. exploring and developing other methods for the disposal of plastic waste as alternatives to incineration and landfilling; and

  7. stepping up publicity and promotional efforts to enhance public awareness of the need to reduce plastic waste,

    so as to reduce the production of waste, increase the recycling and re-use of non-renewable resources, promote sustainable development in Hong Kong and safeguard the health of the public.

Amendment to Hon TAM Yiu-chung's motion

Hon LEE Cheuk-yan: (Translation)

To delete “exploring the feasibility of” after “(b)”; to delete “encouraging industrial and commercial enterprises to reduce” after “(c)” and substitute with “restricting by legislation”; to delete “non-biodegradable” after “the use of”; to add “by industrial and commercial enterprises” after “plastic bags”; to add “by legislation” after “(d) requiring”; to delete “enlarging” after “(e)” and substitute with “extending”; to delete “collection points” from “providing additional government refuse collection points” and substitute with “recovery systems”; to delete “exploring and” after “(f)”; and to delete “public awareness” after “(g) stepping up publicity and promotional efforts to enhance” and substitute with “the awareness of government departments and the public”.

Public Officer to attend : Secretary for the Environment and Food

3. Assisting the financial services sector in seeking business opportunities in the Mainland market

Hon FUNG Chi-kin: (Translation)

That, as Hong Kong's financial services sector will face intense competition and challenges with a large number of foreign multi-national securities companies entering the Mainland market on a large scale following China's accession to the World Trade Organization and the further integration of the Mainland market leading to the emergence of a huge stock market, this Council urges the Government to implement the following measures to actively strengthen and promote Hong Kong's status as an international financial centre and its role as the bridge between the Mainland and overseas markets, so as to increase the business opportunities of the local securities sector:

  1. to strengthen the link between the financial infrastructure of Hong Kong and of the Mainland by :

    1. attracting more quality enterprises to list on Hong Kong's Main Board or the Growth Enterprise Market, with a view to developing Hong Kong as the main channel for facilitating the flow of venture capital to the Mainland;

    2. facilitating co-operation in the form of inter-market listing; and

    3. encouraging the stock exchanges of the two places to conduct feasibility studies on the joint development of on-line securities trading;

  2. apart from the continuous efforts to enhance the communication and co-operation between the stock exchanges and regulatory bodies of Hong Kong and of the Mainland, to broaden exchanges between the market participants of the two places, so that local small and medium-sized market participants and Mainland official and trade organizations can establish comprehensive and permanent co-operative mechanisms in areas such as market information, human resources and technology; and

  3. to strengthen the promotion of the professionalism and resourcefulness of Hong Kong's financial services sector to Mainland and international investors.

    Public Officer to attend : Secretary for Financial Services


Clerk to the Legislative Council