A 06/07-25

Legislative Council

Agenda

Wednesday 2 May 2007 at 11:00 am

I. Tabling of Papers
Subsidiary Legislation / InstrumentsL.N. No.
1.International Organizations (Privileges and Immunities) (United Nations and Associated Personnel) Order60/2007
2.Fugitive Offenders (Safety of United Nations and Associated Personnel) Order61/2007
3.Road Traffic (Traffic Control) (Addition of Traffic Signs) Regulation 200762/2007
4.Fire Safety (Buildings) Ordinance (Commencement) Notice63/2007

Other Papers

1.Report of the Bills Committee on Accreditation of Academic and Vocational Qualifications Bill
(to be presented by Hon TAM Yiu-chung, Chairman of the Bills Committee)

2.Report of the Bills Committee on Employment (Amendment) Bill 2006
(to be presented by Hon KWONG Chi-kin, Chairman of the Bills Committee)

II. Questions

1. Hon Andrew CHENG to ask: (Translation)

Regarding the fare adjustments of public transport, will the Government inform this Council:
    (a)of the principles it has adopted for vetting and approving fare increase applications made by public transport operators, and whether it had rejected any of such applications in the past 10 years; if it had, of the operator involved and the reasons for rejection for each case;

    (b)whether it had, in the past 10 years and in the capacity as the largest or the sole shareholder, directed or requested the MTR Corporation Limited and the Kowloon-Canton Railway Corporation ("the two railway corporations") to lower their fares in line with deflation; if it had, of the relevant details; if it had not, the reasons for that; and

    (c)whether it plans to remain, on a long-term basis, as the majority shareholder in the two railway corporations, in order to retain its influence on matters such as fare determination, which involve significant public interest; if not, of the relevant details?
Public Officer to reply : Secretary for the Environment, Transport and Works

2. Hon LEUNG Kwok-hung to ask:
(Translation)

The Bankruptcy (Amendment) Ordinance 1996 ("Amendment Ordinance"), which set up the automatic discharge system, has commenced operation since 1 April 1998. In this connection, will the Government inform this Council:
    (a)given that the Amendment Ordinance provides for a transitional arrangement for bankruptcy orders made not less than 42 months before the commencement of the Ordinance, of the number of persons who were not automatically discharged from bankruptcy because of this arrangement, and whether it has assessed if this arrangement contravenes the recommendation of the Law Reform Commission of Hong Kong in paragraph 17.66 of the Report on Bankruptcy that "Any person bankrupt under the present provisions should be able to apply for discharge at any time after the introduction of the new provisions if they fall within the criteria recommended for discharge in their particular circumstances";

    (b)of the respective numbers of persons who had been adjudged bankrupt for more than four years and eight years but not discharged from bankruptcy in each of the past three years, as well as the reasons for that; and whether the Government has assessed if the requirement that bankrupts who have been adjudged bankrupt for many years shall continue to repay their debts is a violation of the intent of setting up the automatic discharge system; and

    (c)given that the trustee is required to publish a notice in the newspaper not less than three months before the expiration of the four-year bankruptcy period to give creditors a chance to raise objection to the discharge of bankruptcy, of the total expenditure incurred in publishing the relevant notices under the name of the Official Receiver as the trustee in respect of bankrupts who had been adjudged bankrupt for more than eight years, as well as the amount of payments the Official Receiver's Office received from such bankrupts for debt repayment purposes?
Public Officer to reply : Secretary for Financial Services and the Treasury

3. Hon James TIEN to ask:
(Translation)

In the election platform for his re-election campaign, the Chief Executive indicated the need to gradually introduce requirements for the use of high-quality fuel by vessels. The Government will also make subsidiary legislation in the first half of this year to implement the requirements in the international conventions on regulating pollutant emissions from vessels. In this connection, will the Government inform this Council whether:
    (a)it will include merchant vessels and ferries engaged in inner harbour routes in the scope of the regulation regime on pollutant emissions; if so, whether the Government has assessed the impact of such regulation on ferry fares, and whether it will take measures to mitigate such impact; if it will not take mitigation measures, of the reasons for that;

    (b)it has studied the feasibility of following the practice of certain ports in Europe and America, which have introduced a "Green Port Policy" requiring berthed cargo vessels to switch off their engines and use the electricity on shore instead, so as to reduce emissions; if it has, of the details of the study; if not, whether it will conduct such a study; and

    (c)it has studied the impact of air pollutants emitted from vessels, which stay along the two sides of the Victoria Harbour and even around Shatin, on public health; if it has, of the details of the study; if not, whether it will conduct such a study?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

It has been reported that, among some 3 000 water samples taken from cooling tower systems of buildings and tested by the Hong Kong Productivity Council's laboratory since 2004, nearly 30% were found to have Legionella pneumophila. In this connection, will the Government inform this Council:
    (a)of the respective numbers of persons infected with Legionnaires' Disease ("LD") and died as a result in each of the past three years;

    (b)whether it had regularly taken and tested water samples from cooling tower systems of buildings in the past three years; if it had, of the annual number of water samples taken for testing, and the number of cooling towers the water samples from which were found to have Legionella pneumophila in excess of the prescribed standard; and

    (c)whether it has plans to take measures to enhance the prevention of LD (including taking and testing more water samples from cooling tower systems of buildings for testing, enacting legislation to require owners of such systems to cleanse and disinfect their facilities on a regular basis, etc), so as to safeguard public health?
Public Officer to reply : Secretary for the Environment, Transport and Works

5. Hon LI Kwok-ying to ask:
(Translation)

Given that the MTR Corporation Limited ("MTRCL") has been charging an extra $0.1 for each MTR Octopus journey since July 2000 to fund the platform screen door retrofit programme, will the Government inform this Council whether it knows the total amount of extra fares which has been paid by MTR passengers so far? Public Officer to reply : Secretary for the Environment, Transport and Works

6. Hon Mrs Selina CHOW to ask:
(Translation)

It has been reported that the Highways Department has installed some 40 street lights in Pak Tam Au Village on Pak Tam Road in Sai Kung earlier. However, the authorities have indicated that as some green groups and residents consider that the street lights may affect the ecological environment in the vicinity, so far only a few of those street lights have been put to use. In this connection, will the Government inform this Council:
    (a)whether it has assessed if the above incident involves mistakes in planning; if an assessment has been made, of the results;

    (b)whether, in the past three years, it had held off the use of street lights after installation upon the request of organizations in the community; if it had, of the number of street lights involved; and

    (c)of the expenditure in the past three years relating to those street lights which have not yet been put to use after installation?
Public Officer to reply : Secretary for the Environment, Transport and Works

*7. Dr Hon Fernando CHEUNG to ask:
(Translation)

Under the Visiting Medical Officer/Community Geriatric Assessment Team Collaborative Scheme launched by the Hospital Authority ("HA") in October 2003, medical staff are dispatched to residential care homes for the elderly ("RCHEs") to provide them with regular multi-disciplinary outreach medical consultation and after-care services ("outreach services"). It has been reported that the Health, Welfare and Food Bureau has imposed a cap on such services in order to control expenditure and the RCHEs being denied such services are all privately-run institutions. In this connection, will the Government inform this Council:
    (a)among the residents presently staying in private RCHEs and subsidized RCHEs, of the respective numbers and percentages of elderly persons whose levels of impairment have been assessed as "mild", "moderate" and "severe" under the Standardized Care Need Assessment Mechanism for Elderly Services;

    (b)of the respective numbers of visits to private RCHEs and subsidized RCHEs by the medical staff, the respective numbers of attendances by elderly persons for outreach services, as well as the annual expenditure and unit cost of such services, in each of the past five years; and

    (c)of the respective numbers of applications by private RCHEs and subsidized RCHEs for outreach services rejected in each of the past five years, the reasons for rejection and their percentages among all such applications?
Public Officer to reply : Secretary for Health, Welfare and Food

*8. Hon Bernard CHAN to ask:


It has been reported that a dog poisoner has struck again on Bowen Road and Black's Link recently, killing at least two dogs and injuring others. Similar incidents had happened in the past but no one has been arrested in relation to such incidents. In this connection, will the Government inform this Council of the number of dog poisoning cases, including fatal ones, reported in the past five years, broken down by year as well as by the district and road at which the cases took place; and the actions the Government had taken to tackle such cases?

Public Officer to reply : Secretary for Security

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

Regarding the granting of tenancy agreement for operating cross-boundary heliports in Hong Kong, will the Government inform this Council:
    (a)of the factors considered in granting the tenancy agreement for the cross-boundary heliport on the rooftop of the Macao Ferry Terminal in Sheung Wan this year, and whether such factors include the ability of the bidder to boost the helicopter passenger volume; if not, the reasons for that; if so, of the weighting of such factor; and whether it has considered if the successful bidder will charge different fares and offer different concessions to different groups of passengers, such as those visiting the casinos, tourists and business travellers;

    (b)given that currently there are approximately 100 000 helicopter passenger trips per year, of the Government's projected future increase in the passenger volume of helicopter services; whether it has assessed if the fares for the coming 10 years set by the operator successful in the present bid will be higher than the level of the current ones, as well as the impact of the fare increases on passenger volume;

    (c)whether the authorities have considered alternative operation modes for cross-boundary heliports other than granting tenancy agreements, so as to avoid the development of the industry concerned being hindered by excessively high tenancy costs; if not, the reasons for that; and

    (d)whether it will explore how more contractors could be encouraged to engage in the cross-boundary helicopter service industry in order to enhance competition and facilitate the development of the helicopter transport industry; if not, the reasons for that?
Public Officer to reply : Secretary for Economic Development and Labour

*10. Dr Hon KWOK Ka-ki to ask:
(Translation)

The Prince Philip Dental Hospital is a publicly-funded organization which provides dental services to two categories of patients, namely, teaching patients ("TPs") and private fee paying patients ("PFPPs"). If the dental problems of a patient are considered to be suitable for teaching purposes after screening, the patient will receive treatment as a TP, and are required to pay nominal fees only. As to PFPPs, they must be referred by registered medical or dental practitioners and are required to pay higher consultation fees than TPs. In this connection, will the Government inform this Council whether it knows the following details concerning the Hospital:

Financial Year 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006
Patient category TP PFPP TP PFPP TP PFPP TP PFPP TP PFPP
(1)Total number of patients










(2)Average, minimum and maximum fees for each consultation










(3)Total amount of consultation fees










(4)Maximum, minimum and average waiting time










(5)Number of dentists providing services to the specified category of patients










(6)Average amount of time spent by each dentist in a week on the consultation of the specified category of patients










(7)Details of the allocation of consultation fees received:

a)amount retained by the Hospital

b)amount allocated to the University of Hong Kong

c)amount allocated to hospital staff as income

d)others (please specify)





(8)Number of staff in each rank and their average salary






Public Officer to reply : Secretary for Health, Welfare and Food

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

Recently, I have received quite a number of complaints from members of the public pointing out that some banks have, without prior notice, deducted money ranging from tens of dollars to $300 from their savings accounts as service fees for accounts with a balance lower than $5,000, and they also consider the fees to be too high. In this connection, will the Government inform this Council:
    (a)of the number of complaints received in each of the past two years about fees charged on low-balance accounts, together with a breakdown by the banks involved;

    (b)of the number of aforesaid complaints in which the banks had levied a fee without prior notice to customers, and the number of such cases settled in favour of customers; and

    (c)whether it will introduce measures to ensure that such fees are set at a reasonable level, and customers are notified before the fees are levied; if it will, of the details the measures; if not, the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

*12. Hon LI Kwok-ying to ask:
(Translation)

On the promotion of breast-feeding of babies, will the Government inform this Council:
    (a)of the respective numbers and percentages of babies born in private and public hospitals each year from 2000 to 2006

    (i)who were breast-fed before their discharge from hospitals, and

    (ii)who continued to be breast-fed for four to six months afterwards;

    (b)of the measures in place to monitor the advertisement claims for breast milk substitutes (including milk powder formulae for new-born babies and those for older babies) to see if they contain misrepresentations or misleading statements; the number of relevant complaints received by the Government in the past three years, and the follow-up actions taken;

    (c)of the number of samples of breast milk substitutes taken in the past three years by the relevant government departments for laboratory tests on their nutrient components, and whether the nutrient components of any of these samples were found to be inconsistent with those stated in the advertisement claims or product labels; if so, of the follow-up actions taken; and

    (d)of the new measures to promote breast-feeding of babies, and the criteria adopted for assessing the effectiveness of these measures?
Public Officer to reply : Secretary for Health, Welfare and Food

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

On 14 March this year, the Privacy Commissioner for Personal Data published an investigation report on the alleged disclosure, by a local e-mail service provider, of the personal data (including the Internet Protocol ("IP") address) of one of its account subscribers to mainland law enforcement agencies. The investigation found that the service provider had not contravened the Personal Data (Privacy) Ordinance ("the Ordinance"). In this connection, will the Executive Authorities inform this Council:
    (a)given that it may be possible to ascertain the identity of an individual when an IP address is combined with the identifying particulars of the individual, whether the Government will consider including IP addresses and other identifying particulars of individuals in the scope of protection under the Ordinance; if not, of the reasons for that;

    (b)whether the Ordinance applies when none of the acts of collection, holding, processing and use of the personal data takes place in Hong Kong; and

    (c)whether they will consider amending the Ordinance to enhance privacy protection?
Public Officer to reply:Secretary for Education and Manpower
(in the absence of Secretary for Home Affairs)

*14. Hon Frederick FUNG to ask: (Translation)

The Consumer Council ("CC") recently tested nine refrigerator samples bearing energy labels under the voluntary energy efficiency labelling scheme operated by the Electrical and Mechanical Services Department, and the energy efficiency of three of the samples was found not up to the grades listed on the labels. At the same time, CC offered electricity-saving tips for using refrigerators. In this connection, will the Government inform this Council whether in the past five years:
    (a)it had tested the above and other products bearing energy labels; if so, of the test results (including the percentage of products the energy efficiency of which was consistent with the grades listed on the labels), and whether manufacturers or importers were found to have used the above scheme to mislead consumers into believing that their products had higher energy efficiency; and

    (b)apart from the above scheme, whether there were other measures to promote among the public energy conservation and energy-efficient use of electrical appliances; if so, of the details of such measures and the expenditure involved?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

Regarding the emotional health of disciplined services officers ("DSOs"), will the Government inform this Council:
    (a)of the respective numbers of DSOs in various disciplined services seeking assistance in the past three years because of emotional problems;

    (b)among the aforesaid cases, of the respective numbers of those requiring further follow-up actions and those in which the DSOs concerned were diagnosed with emotional or mental illness, and the number of DSOs who left the service due to emotional problems; and

    (c)of the assistance rendered by the authorities to DSOs who are troubled by emotional problems, as well as the ways to help relieve DSOs of the stress at work and in other areas?
Public Officer to reply : Secretary for Security

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

In presenting the Budget for the current financial year in February this year the Financial Secretary stated that rates for the first two quarters of the current financial year would be waived. It has been reported that the Hong Kong Housing Authority ("HA") will not refund the rates for the first quarter of the current financial year to public rental housing ("PRH") tenants until July this year. In this connection, will the Government inform this Council whether:
    (a)it has assessed if the delay in refunding the above rates is unfair to PRH tenants; if an assessment has been made, of the results; and

    (b)it will request HA to immediately refund the rates for the first quarter of the current financial year to PRH tenants; if not, the reasons for that?
Public Officer to reply : Secretary for Housing, Planning and Lands

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

Regarding the minimum allowable wage ("MAW") of foreign domestic helpers ("FDHs"), will the Executive Authorities inform this Council:
    (a)how often the MAW of FDHs is reviewed;

    (b)of the indicators, data and formulae currently adopted by the authorities for determining the MAW of FDHs; and

    (c)as the Hong Kong economy and the employment situation have improved over the last two years, whether the MAW of FDHs will be adjusted upwards and restored from the current level of $3,400 per month to the level in 1998 (i.e. $3,860 per month); if so, of the implementation date; if not, the reasons for that?
Public Officer to reply : Secretary for Economic Development and Labour

*18. Hon Frederick FUNG to ask:
(Translation)

Regarding the New Dawn Project implemented by the Social Welfare Department, will the Government inform this Council:
    (a)of the number of parents and child carers participating in the Project since its implementation and the districts where they live; the number of participants who have their Comprehensive Social Security Assistance ("CSSA") payments deducted for not fulfilling the obligations under the Project and the amount involved; the number of participants who have been exempted from the mandatory requirement to seek employment and the reasons for the exemption; the number of participants who have succeeded in securing full time and part-time employment, the types of their jobs and range of wages, as well as the number of such participants who have got out of the CSSA net, the number of participants whose CSSA payments have not been deducted because their earnings from employment have been disregarded by virtue of the provision of disregarded earnings arrangements under the CSSA Scheme and the total amount of earnings disregarded; and the number of participants whose CSSA payments have been deducted because their earnings have exceeded the "no-deduction" limit and the amount involved;

    (b)how it ensures that participants of the Project will be paid reasonably and will not be discriminated against; of the criteria adopted by the non-governmental organizations running the Project to determine whether the employment terms and conditions are reasonable, as well as the measures to assist the employed participants in staying in employment and getting promotion opportunities;

    (c)whether it will consider, by following the practice in the United Kingdom, improving the Project by offering one-year "on-the-job allowance" to single parents who have been on CSSA for a long time so as to encourage employment, and offering more allowance to recipients who live in districts with a higher cost of living; and

    (d)of the results of the assessment and study of the Project, which have been commissioned to the University of Hong Kong, and the date of their publication, and whether it will consider switching the Project to a voluntary one?
Public Officer to reply : Secretary for Health, Welfare and Food

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

On combating the sale of counterfeit goods, will the Government inform this Council of the following in the past two years:
    (a)the number of enforcement actions taken by the Administration to combat or clamp down on shops selling counterfeit goods, and whether such enforcement actions were mainly conducted in the form of "undercover" operations; and

    (b)the number of complaints received by the Administration relating to the sale of counterfeit goods, broken down by nature of business, as well as the quantity and value of counterfeit goods seized, broken down by the categories of the goods?
Public Officer to reply: Secretary for Financial Services and the Treasury
(in the absence of Secretary for Commerce, Industry and Technology)

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

It has been reported that the Food Research Laboratory of the Food and Environmental Hygiene Department has purchased a large quantity of sophisticated laboratory equipment since its establishment in 2002, but some items of the equipment have never been used. In this connection, will the Government inform this Council:
    (a)of the name, costs, reasons for procurement and frequency of utilization of the laboratory equipment purchased for the above Laboratory since 2002;

    (b)whether it has reviewed the utilization of such equipment; if it has, of the findings of its review; if not, the reasons for that; and

    (c)of the ways to raise the utilization rate of the laboratory equipment that has been used infrequently?
Public Officer to reply : Secretary for Health, Welfare and Food

*For written reply.

III. Bills

First Reading

1. Revenue Bill 2007

2. Revenue (No. 2) Bill 2007

Second Reading (Debates to be adjourned)

1.Revenue Bill 2007:Secretary for Financial Services and the Treasury

2.Revenue (No. 2) Bill 2007:Secretary for Financial Services and the Treasury

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

1.Accreditation of Academic and Vocational Qualifications Bill:Secretary for Education and Manpower

2.Employment (Amendment) Bill 2006:Secretary for Economic Development and Labour

IV. Motions

Proposed resolution under the Legal Aid Ordinance

Chief Secretary for Administration to move the following motion:


RESOLVED -
    (a)that the Legal Aid Ordinance (Cap. 91) be amended -

    (i)in section 5(1), by repealing "$158,300" and substituting "$162,300";

    (ii)in section 5A(b) -

    (A)by repealing "$158,300" and substituting "$162,300";

    (B)by repealing "$439,800" and substituting "$450,800"; and

    (b)that this Resolution shall come into operation on a day to be appointed by the Director of Administration by notice published in the Gazette.
V. Members' Motions

  1. Increasing the number of local university places

    Hon CHEUNG Man-kwong: (Translation)

    That this Council urges the Government to increase the annual quota of 14 500 publicly-funded university places so as to provide more opportunities for local young people in the appropriate age group to attend universities, and to open up more channels for outstanding graduates of sub-degree courses to pursue further studies, in order to cater for the needs of the local community and education development.

    Amendment to motion
    Hon Andrew LEUNG Kwan-yuen:
    (Translation)

    To delete "the annual quota of 14 500 publicly-funded" after "urges the Government to increase"; to add "across the board, including those of publicly-funded and private universities," after "university places"; to delete "to open" after "attend universities, and" and substitute with "in addition to opening"; and to delete "in order to cater for the needs of the local community and education development" after "further studies," and substitute with "provide opportunities to more non-local students to attend universities in Hong Kong, so as to facilitate Hong Kong's development into an education hub of the region and cater for the social, education and economic development needs of Hong Kong, and to enable Hong Kong's human resources development to better tie in with the National Eleventh Five-Year Plan and subsequent plans in the Mainland, thereby training more talents in various sectors such as finance, trade, logistics, tourism and culture for Hong Kong".

    Public Officer to attend : Secretary for Education and Manpower

  2. Conserving the Queen's Pier

    Hon Alan LEONG Kah-kit: (Translation)

    That, given the grave concerns expressed by various sectors of the community about the preservation of the Queen's Pier in Central, and for the effective conservation of the Queen's Pier, this Council urges the Government to immediately adopt the Principles for the Conservation of Heritage Sites in China approved by the Central People's Government in 2000 and to undertake to adopt "conservation in-situ, minimal interference, preservation of the original condition and protection of the heritage environment" as the principles for formulating and expeditiously implementing the most effective proposal for preserving the Queen's Pier in-situ, including proper adjustments to the current works projects and designs of future projects to avoid damaging the existing structure of the Queen's Pier, so as to minimize the impact of works projects on the present site of the Queen's Pier.

    Amendments to motion
    (i) Hon Mrs Selina CHOW: (Translation)

    To add "recently" after "grave concerns expressed"; to delete ", and for the effective conservation of" after "the Queen's Pier in Central" and substitute with "and their discussion on the four proposals put forth by the Government for dealing with"; to delete "adopt" after "immediately" and substitute with "make reference to"; to delete "and to undertake to adopt 'conservation in-situ, minimal interference, preservation of the original condition and protection of the heritage environment' as the principles for formulating" after "in 2000" and substitute with "to formulate"; to delete "implementing" after "expeditiously" and substitute with "implement"; to add "reasonable, practical and" after "the most"; to delete "in-situ, including proper adjustments to the current works projects and designs of future projects to avoid damaging the existing structure of the Queen's Pier" after "preserving the Queen's Pier"; and to delete "of works projects on the present site of the Queen's Pier" after "minimize the impact" and substitute with "on the Central Reclamation Phase III works which are underway, and to commence as soon as possible discussion involving public participation on the site and design concept for the relocation of the Queen's Pier".

    (ii)Hon CHEUNG Hok-ming: (Translation)

    To delete "immediately adopt the Principles for the Conservation of Heritage Sites in China approved by the Central People's Government in 2000 and to undertake to adopt 'conservation in-situ, minimal interference, preservation of the original condition and protection of the heritage environment' as the principles for formulating" after "urges the Government to" and substitute with ", under the principle of striking a proper balance between the conservation of valuable buildings and urban development, formulate"; to delete "implementing" after "expeditiously" and substitute with "implement"; and to delete ", including proper adjustments to the current works projects and designs of future projects to avoid damaging the existing structure of the Queen's Pier, so as to minimize the impact of works projects on the present site of the Queen's Pier" after "in-situ" and substitute with "or nearby, so as to facilitate the community's sustainable and balanced development".

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

Clerk to the Legislative Council