A 00/01-13(1)

Legislative Council

Agenda
Wednesday 20 December 2000 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Waterworks (Amendment) Regulation 2000	358/2000
2.	Dangerous Drugs Ordinance (Amendment of Second Schedule) Order 2000	359/2000
3.	Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) Order 2000	360/2000
4.	Public Health and Municipal Services Ordinance (Public Swimming Pools) (Designation and Amendment of Fourteenth Schedule) Order 2000	361/2000
5.	Electricity Supply Lines (Protection) Regulation (Cap. 406 Sub. Leg.) (Commencement) (No. 2) Notice 2000	362/2000

Other Papers

1. No.42	-	The Accounts of the Lotteries Fund 1999-2000
(to be presented by Secretary for the Treasury)
2. No.43	-	The audited Statements of Accounts of the Provisional Regional Council for the period 1 April 1999 to 31 December 1999 and the Director of Audit's Report
(to be presented by Secretary for Home Affairs)
3. No.44	-	The audited Statements of Accounts of the Provisional Urban Council for the period 1 April 1999 to 31 December 1999 and the Director of Audit's Report
(to be presented by Secretary for Home Affairs)
4. No.45	-	Hong Kong Housing Authority Annual Report 1999/2000
(to be presented by Secretary for Housing)
5. No.46	-	Hong Kong Housing Authority Financial Statements for the year ended 31 March 2000
(to be presented by Secretary for Housing)
6. No.47	-	Report of the Chinese Temples Committee on the Administration of the Chinese Temples Fund for the year ended 31 March 2000
(to be presented by Secretary for Home Affairs)
7. No.48	-	Report of the Chinese Temples Committee on the Administration of the General Chinese Charities Fund for the year ended 31 March 2000
(to be presented by Secretary for Home Affairs)
8. No.49	-	Report of the Brewin Trust Fund Committee on the Administration of the Fund for the year ended 30 June 2000
(to be presented by Secretary for Home Affairs)
9. No.50	-	Grantham Scholarships FundAnnual Report for the year 1 September 1999 to 31 August 2000
(to be presented by Secretary for Home Affairs)
10. No.51	-	The Sir Murray MacLehose Trust Fund Trustee's Report for the period 1 April 1999 to 31 March 2000
(to be presented by Secretary for Home Affairs)
11. No.52	-	Legal Aid Services CouncilAnnual Report 1999-2000
(to be presented by Chief Secretary for Administration)
12. No.53	-	The Police Children's Education Trust, The Police Education and Welfare Trust Annual Report 1999/2000
(to be presented by Secretary for Security)
13. No.54	-	Report on the Administration of the Fire Services Welfare Fund together with the Director of Audit's Report and Audited Statement of Accounts for the year ended 31 March 2000
(to be presented by Secretary for Security)
14. No.55	-	Report by the Controller, Government Flying Service on the Administration of the Government Flying Service Welfare Fund for the year ended 31 March 2000
(to be presented by Secretary for Security)
15. Report of the Bills Committee on Adaptation of Laws Bill 2000
(to be presented by Hon Margaret NG, Chairman of the Bills Committee)
16. Report of the Bills Committee on Dutiable Commodities (Amendment) Bill 2000
(to be presented by Hon James TO, Chairman of the Bills Committee)

II. Questions

1. Hon Frederick FUNG to ask: (Translation)

Regarding the problem of women from the Mainland who enter Hong Kong on two-way exit permits to engage in prostitution, will the Government inform this Council:

(a)	of the number of women arrested in Western Kowloon by the police since January this year for suspected prostitution; and among them, the respective percentages of local and Mainland women; and
(b)	whether it will introduce legislative amendments to impose heavier penalties on Mainland women for prostituting in Hong Kong; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Security

2. Dr Hon YEUNG Sum to ask: (Translation)

In September this year, the Administration approved the Hongkong Electric Company Limited ("HEC")'s revision to the components of its tariff structure, which comprised an upward adjustment of the basic unit tariff and a corresponding increase in the fuel rebate, thereby maintaining the net unit tariff. In this connection, will the Government inform this Council:

(a)	of the justifications for approving the HEC's revision to the components of its tariff structure;
(b)	whether each of the adjustments to the fuel rebate or surcharge made by the HEC in the past three years roughly followed the changes in import price of fuels in the relevant period; if not, of the reasons for that; and
(c)	of the mechanism for adjusting the fuel rebate or surcharge; whether the Administration is empowered to reject such adjustments; and the measures in place to prevent the HEC from increasing its tariff under the guise of such adjustments?

Public Officer to reply : Secretary for Economic Services

3. Hon LEE Cheuk-yan to ask: (Translation)

A lot of employers have arranged for their employees to become self-employed before the implementation of the Mandatory Provident Fund ("MPF") Scheme. As a result, these employees are deprived of their right to the contributions made by their employers, and no longer enjoy the protection of labour legislation such as the Employment Ordinance and the Employees' Compensation Ordinance. In this connection, will the Government inform this Council:

(a)	of the respective current numbers of construction workers, container truck drivers and massage workers joining the MPF schemes as employees and self-employed persons;
(b)	whether it knows the measures the Mandatory Provident Fund Schemes Authority will take to compel those de facto employers to make MPF contributions; and
(c)	of the measures the Labour Department will take to ensure that those persons who have a self-employed status but are actually not self-employed will enjoy the labour protection and rights provided in the various labour ordinances?

Public Officers to reply	:	Secretary for Financial Services Secretary for Education and Manpower

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

Will the Government inform this Council whether it will request subscription television operators to provide a channel for the Administration to broadcast the culture, education and current affairs programmes produced by Radio Television Hong Kong, and the cultural presentations organized by the Leisure and Cultural Services Department; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Information Technology and Broadcasting

5. Hon WONG Yung-kan to ask: (Translation)

Regarding the monitoring of the performance of consultants conducting Environmental Impact Assessments ("EIAs") and the works of the project contractors concerned, will the Government inform this Council:

(a)	of the commencement and completion dates, the commissioned consultancy firm and the place of registration of the parent company of the consultancy firm, and the government department(s) responsible for monitoring the performance of the consultantcy firm in respect of each of the EIAs it has commissioned in the past three years;
(b)	whether there are provisions in the consultancy contracts which allow the Government to hold the consultancy company responsible for the situation in which the environmental impact caused by the works far exceeds the relevant estimations made in the EIA report; if there are such provisions, of the actions it has taken in the past three years to hold consultancy companies responsible; if there is no such provision, the reasons for that; and
(c)	of the government department(s) and consultancy firms which are responsible for monitoring the project contractors' compliance with the requirements stipulated in the relevant EIA reports, and whether it has taken disciplinary actions against government officials and consultancy firms for their failure to discharge their monitoring duties properly; if not, of the reasons for that?

Public Officer to reply : Secretary for Works

6. Hon IP Kwok-him to ask: (Translation)

As it has been reported that the service quality of private residential care homes for the elderly is unsatisfactory, will the Government inform this Council:

(a)	whether the Social Welfare Department informs persons in charge of the private residential care homes concerned prior to inspecting such homes, and whether it will consider conducting surprise inspections;
(b)	of the criteria adopted for assessing the service quality of private residential care homes, and whether such criteria include the availability of proper measures to protect the privacy of residents in these homes; whether different criteria are adopted for assessing residential care homes which participate in the Bought Place Scheme or the Enhanced Bought Place Scheme and those which do not; if so, whether it will consider adopting standardized criteria; and
(c)	of the mechanism in place to ensure that substandard private residential care homes will improve their service quality, and the established procedure for revoking the licences of residential care homes?

Public Officer to reply : Secretary for Health and Welfare

*7. Hon Henry WU to ask: (Translation)

The Competition Policy Advisory Group Report 1999-2000 stated that Hong Kong Exchanges and Clearing Limited would consult the exchange participants on whether to remove the minimum brokerage commission by April 2002. In this connection, will the Government inform this Council whether it knows the details and progress of the consultation; and how the Government will follow up the findings of the consultation?

Public Officer to reply : Secretary for Financial Services

*8. Hon LAU Ping-cheung to ask: (Translation)

Regarding the re-sale of flats under the Home Ownership Scheme ("HOS"), Tenants Purchase Scheme ("TPS") and Sandwich Class Housing Scheme ("SCHS"), will the Government inform this Council whether:

(a)	it knows the respective numbers of HOS, TPS and SCHS flats which were sold back to the Hong Kong Housing Authority and Hong Kong Housing Society by their owners and are currently in stock and available for sale;
(b)	it knows the respective numbers of HOS and SCHS flats put up for sale previously which are currently in stock and available for sale; and
(c)	a mechanism is in place for co-ordinating the re-sale of the above HOS, TPS and SCHS flats in relation to their timing, order of priority and pricing; if so, of the details; if not, whether it will establish such a mechanism?

Public Officer to reply : Secretary for Housing

*9. Hon Albert CHAN to ask: (Translation)

Will the Government inform this Council of:

(a)	the number of small and medium enterprises ("SMEs") which closed down last year and, among them, the number of SMEs which went into liquidation because of insolvency; and
(b)	the current Government measures to help SMEs solve their cash flow problems, and help them secure loans from financial institutions?

Public Officer to reply : Secretary for Commerce and Industry

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

The Housing Ordinance (Cap. 283) stipulates that whenever the Hong Kong Housing Authority has revised the rents of public rental housing ("PRH") units, the overall median rent-to-income ratio ("MRIR") after revision shall not exceed 10%. Also, it is an established policy that the MRIR of prospective tenants of newly completed estates should not exceed 18.5%. Regarding the determination of PRH rentals, will the Government inform this Council:

(a)	given that the MRIRs of the single-person households and two-person households have persistently exceeded 10%, even reaching as high as 19.5%, in the past few years, whether the Housing Authority had specifically taken into account the affordability of such households when it determined their rentals in the past; if it had, of the measures taken in this connection; if not, why not; and whether it will review or reformulate the existing policy, and introduce measures to alleviate the financial burden of such households; if so, of the details; if not, the reasons for that;
(b)	whether the Housing Authority has assessed if the MRIR of prospective tenants of Home Ownership Scheme estates allocated for rental use will exceed 18.5%; if it will, whether it will consider setting a lower level of rent; if it will not consider this, of the reasons for that; and
(c)	given that the overall rentals of private domestic premises have dropped by 30% in the past three years, whether the Housing Authority will consider lowering PRH rentals; if so, of the implementation date; if not, the reasons for that?

Public Officer to reply : Secretary for Housing

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

Regarding the implementation of the Enhanced Productivity Programme ("EPP") and the creation of directorate posts in the policy bureaux and departments, will the Government inform this Council:

(a)	of the progress and difficulties encountered in implementing the EPP by various bureaux and departments;
(b)	whether it has assessed if the creation of new directorate posts in the bureaux or departments renders it difficult for them to achieve the EPP target or requires them to reduce the existing non-directorate posts in order to achieve the target; if it has, of the details; and
(c)	whether it will stipulate that the number of directorate posts should be linked to that of non-directorate posts in the bureaux and departments?

Public Officer to reply : Secretary for the Treasury

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

Will the Government inform this Council:

(a)	of the number of reported cases of Creutzfeldt-Jakob disease ("CJD") in each of the past five years, with a breakdown by causes;
(b)	of the mechanism in place to co-ordinate the Department of Health, Hospital Authority and other relevant organizations in tracing the causes of CJD in their patients;
(c)	whether it will consider performing autopsies for those cases in which the type of CJD a patient died of has not been ascertained or the cause for the disease is unknown; and
(d)	given the possible link between the causes of some patients' contracting CJD and their consumption of beef infected with pathogens of the mad-cow disease, whether it plans to ban the import of beef or beef products from countries where the mad-cow disease has been found; if it has no such plan, how it can ensure that beef infected by the pathogens of the mad-cow disease will not reach the market?

Public Officer to reply : Secretary for Health and Welfare

*13. Hon Mrs Sophie LEUNG to ask: (Translation)

Will the Government inform this Council of the measures for helping parents to appreciate parental responsibilities and acquire the skills in communicating with their children, so that they can give their children proper guidance in their physical and psychological development as well as create harmonious homes?

Public Officer to reply : Secretary for Education and Manpower

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

Regarding the maintenance of man-made slopes on private land, will the Government inform this Council:

(a)	of the number of landslides involving such slopes in the past three years and, among them, the number of those attributable to the lack of proper maintenance;
(b)	of the current measures for tackling the problem of private slopes lacking proper maintenance and the effectiveness of such measures; and
(c)	whether it plans to enact legislation requiring the relevant owners of private land to inspect and properly maintain their slopes on a regular basis; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Works

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

Last month, Hong Kong Housing Authority ("HA") made available the Fu Tai Estate in Tuen Mun and Yat Tung Estate in Tung Chung for application of transfer by all eligible public rental housing estate ("PRH") tenants in the territory and overcrowded households were given priority in allocation. It has been reported that the number of applications made by overcrowded households constitutes less than one-fifth of the total number of applications. Regarding the provision of PRH units for application for transfer by overcrowded households, will the Government inform this Council:

(a)	of the number of applications received in respect of each of the above two estates and, among them, the respective numbers of those made by overcrowded households and other tenants;
(b)	of the number of applications submitted by overcrowded households in each housing estate;
(c)	whether it has evaluated the reasons for the small number of overcrowded households which applied for transfer to the two housing estates concerned; and
(d)	whether it knows if HA plans to make available other newly completed public housing estates for application for transfer by overcrowded households, and whether PRH estates in urban areas will be included; if so, of the timetable and details; if not, the reasons for that?

Public Officer to reply : Secretary for Housing

*16. Hon Emily LAU to ask: (Translation)

In response to a question I raised last month, the Secretary for Education and Manpower stated that the University of Hong Kong ("HKU") had not used any public funds for the payment of termination compensation to its former Vice-Chancellor, and that it was not appropriate to demand details of the termination compensation on grounds of the university's autonomy. In this connection, will the Executive Authorities inform this Council whether:

(a)	they know the total amount of private donations received by HKU in the past three years; of the criteria or guidelines followed by HKU in respect of the use of such donations; and how it accounts to the public and the donors concerned for details on the use of such donations; and
(b)	they have assessed if enquiries on the details of the use of private donations would interfere with the autonomy of the university; if the assessment concludes that is the case, of the justifications for that; if the assessment concludes otherwise, whether they will seek from HKU details of the termination compensation mentioned above?

Public Officer to reply : Secretary for Education and Manpower

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

Regarding fires caused by household electrical appliances ("HEAs"), will the Government inform this Council:

(a)	of the number of fires caused by faulty HEAs, the number of residential units involved and resultant casualties in each of the past three years;
(b)	of the main reasons for HEAs causing fires;
(c)	among the total number of fires caused by HEAs, of the ratio of fires caused by HEAs which were not imported through authorized agents or are counterfeit goods; and
(d)	whether it will step up publicity to remind the public of the issues to be noted when buying HEAs outside Hong Kong for local use; and the department to which the public can direct their enquiries concerning the safety of HEAs?

Public Officer to reply : Secretary for Economic Services

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

Will the Government inform this Council whether the Office of the Telecommunications Authority ("OFTA") plans to report regularly to this Council on the number of complaints about anti-competitive practices that it has received, the contents of such complaints and the follow-up actions it has taken?

Public Officer to reply : Secretary for Information Technology and Broadcasting

*19. Hon Albert CHAN to ask: (Translation)

Regarding applications made to the relevant authorities for assessment of regrant premium, will the Government inform this Council:

(a)	of the number of applications during the period between June 1998 and March 1999 made by real estate developers for assessment of regrant premium in respect of development projects, and the details of each application, including the area and location of the site, as well as the assessed premium; and
(b)	how the number and details of these applications compare to those of the applications made in the same period in each of the three preceding fiscal years?

Public Officer to reply : Secretary for Planning and Lands

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

The Civil Service Bureau ("CSB") conducted a survey in September last year among directorate officers to collect their views and perception of the ethical standards in the public and business sectors, and the survey report was completed in April this year. In this connection, will the Government inform this Council:

(a)	of the public expenditure involved in the survey;
(b)	whether the survey report will be made public or submitted to the relevant panels of this Council; if so, when this will be done; if not, the reasons for that; and
(c)	how it will follow up the concerns set out in the survey report?

Public Officer to reply : Secretary for the Civil Service

*For written reply.

III. Bills

First Reading

1. Hong Kong Science and Technology Parks Corporation Bill

2. Intellectual Property (Miscellaneous Amendments) (No.2) Bill 2000

Second Reading (Debates to be adjourned)

1. Hong Kong Science and Technology Parks Corporation Bill	：	Secretary for Commerce and Industry
2. Intellectual Property (Miscellaneous Amendments) (No.2) Bill 2000	：	Secretary for Commerce and Industry

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

1. Adaptation of Laws Bill 2000	：	Chief Secretary for Administration
2. Dutiable Commodities (Amendment) Bill 2000	：	Secretary for the Treasury

IV. Motions

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

Chief Secretary for Administration to move the following motion:

RESOLVED that the appointment of the Honourable Mr. Justice Arthur LEONG Shiu-chung as the Chief Judge of the High Court be endorsed.

2. Proposed resolution under the Dutiable Commodities Ordinance

Secretary for the Treasury to move the following motion:

RESOLVED that the Dutiable Commodities Ordinance be amended, in Part III of Schedule 1 -

(a)	in paragraph 1A(a), by repealing "31 December 2000" and substituting "30 June 2001";
(b)	in paragraph 1A(b), by repealing "1 January 2001" and substituting "1 July 2001".

3. Proposed resolution under the Pneumoconiosis (Compensation) Ordinance

Secretary for Education and Manpower to move the following motion:

RESOLVED that, with effect from 1 January 2001, the First Schedule to the Pneumoconiosis (Compensation) Ordinance be amended, in Part VI, by repealing "$16,000" and substituting "$35,000".

Amendment to Secretary for Education and Manpower's motion

Hon LEE Cheuk-yan:

RESOLVED that the motion to be moved by the Secretary for Education and Manpower under section 40 of the Pneumoconiosis (Compensation) Ordinance (Cap. 360) at the Legislative Council meeting of 20 December 2000 be amended by deleting "$35,000" and substituting "$50,000".

4. Government motion

Secretary for Security to move the following motion:

That this Council considers that the Public Order Ordinance's existing provisions relating to the regulation of public meetings and public processions reflect a proper balance between protecting the individual's right to freedom of expression and right of peaceful assembly, and the broader interests of the community at large, and that there is a need to preserve these provisions.

Amendments to Secretary for Security's motion (i) Hon James TO:

To add "this Council notes that, in its concluding observations issued after considering the report on Hong Kong's human rights situation submitted by the Hong Kong Special Administrative Region ("HKSAR") Government in 1999, the United Nations Human Rights Committee stated that the HKSAR Government should review the Public Order Ordinance and bring its provisions into compliance with the relevant international covenant on human rights;" after "That"; to add "also" after "this Council"; to delete "reflect a proper balance" and substitute with ", in balancing"; and to delete "and that there is a need to preserve these provisions" and substitute with "need to provide for a notification system, but the specific requirements and penalty provisions need to be amended, such as by increasing the maximum number of participants to be exempt from the notice requirement, shortening the required notice period and lowering the level of penalty for non-compliance with the notice requirement, so as to bring such provisions into line with the relevant covenant and the aspirations of a modern, democratic and liberal society".

(ii) Hon Emily LAU:

To delete "this Council considers that" and substitute with ", in view of the diversity of views in the community on"; to delete "existing"; and to delete "reflect a proper balance between protecting the individual's right to freedom of expression and right of peaceful assembly, and the broader interests of the community at large, and that there is a need to preserve these provisions" and substitute with ", this Council urges the authorities to refer this issue to the Law Reform Commission for consideration".

V. Members' Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon SIN Chung-kai to move the following motion:

RESOLVED that in relation to the -

(a)	Dutiable Commodities (Amendment) (No. 2) Regulation 2000, published as Legal Notice No. 330 of 2000;
(b)	Firearms and Ammunition (Amendment) (No. 2) Regulation 2000, published as Legal Notice No. 331 of 2000;
(c)	Firearms and Ammunition (Storage Fees) (Amendment) Order 2000, published as Legal Notice No. 332 of 2000;
(d)	Pawnbrokers (Amendment) Regulation 2000, published as Legal Notice No. 333 of 2000;
(e)	Bills of Sale (Fees) (Amendment) Regulation 2000, published as Legal Notice No. 334 of 2000;
(f)	Fees for Official Signatures and Miscellaneous Services (Amendment) Notice 2000, published as Legal Notice No. 335 of 2000;
(g)	Hong Kong Court of Final Appeal Fees (Amendment) Rules 2000, published as Legal Notice No. 336 of 2000;
(h)	High Court Fees (Amendment) Rules 2000, published as Legal Notice No. 337 of 2000;
(i)	District Court Civil Procedure (Fees) (Amendment)(No. 2) Rules 2000, published as Legal Notice No. 338 of 2000;
(j)	Coroners (Fees) (Amendment) Rules 2000, published as Legal Notice No. 339 of 2000;
(k)	Small Claims Tribunal (Fees) (Amendment) Rules 2000, published as Legal Notice No. 340 of 2000; and
(l)	Legal Practitioners (Fees) (Amendment) (No. 2) Rules 2000, published as Legal Notice No. 341 of 2000, and laid on the table of the Legislative Council on 29 November 2000, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 10 January 2001.

2. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon Mrs Selina CHOW to move the following motion:

RESOLVED that in relation to the -

(a)	Country Parks and Special Areas (Amendment) Regulation 2000, published as Legal Notice No. 349 of 2000;
(b)	Marine Parks and Marine Reserves (Amendment) Regulation 2000, published as Legal Notice No. 350 of 2000;
(c)	Electricity (Registration) (Amendment) Regulation 2000, published as Legal Notice No. 351 of 2000;
(d)	Electricity (Wiring) (Amendment) Regulation 2000, published as Legal Notice No. 352 of 2000; and
(e)	Electrical Products (Safety) (Amendment) (No. 2) Regulation 2000, published as Legal Notice No. 353 of 2000, and laid on the table of the Legislative Council on 13 December 2000, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 17 January 2001.

3. Proposed resolution under the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region

Hon Mrs Selina CHOW to move the following motion:

RESOLVED that -

(1)

the formation of an additional Panel, namely the Panel on Food Safety and Environmental Hygiene, in respect of the policy areas of the corresponding bureau and its terms of reference, as considered appropriate and as recommended respectively by the House Committee;

(2)

the amended list of corresponding bureaux/bodies and policy areas in respect of which the 17 existing Panels are formed by resolution made and passed by this Council on 8 July 1998 and amended on 26 January 2000 and their amended terms of reference, and the re-naming of the Panel on Trade and Industry as the Panel on Commerce and Industry, as recommended by the House Committee, set out in the Schedule, be approved.

Clerk to the Legislative Council