A 11/12-34

Legislative Council

Agenda

Wednesday 20 June 2012 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Declaration of Increase in Pensions Notice 2012105/2012
2.Widows and Orphans Pension (Increase) Notice 2012106/2012

Other Paper

Report No. 23/11-12 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Miriam LAU, Chairman of the House Committee)

II. Questions

1. Hon IP Wai-ming to ask:
(Translation)

Some residents of the North District in the New Territories have repeatedly relayed to me that due to a serious lack of direct bus routes connecting the district with Kowloon and Hong Kong Island, they need to change to different means of transport several times in order to go to and return from the urban area, taking as long as 80 to 100 minutes on average to complete the journey. They have also pointed out that there is no direct overnight bus route running from Kowloon or Hong Kong Island to the North District at present, and there is only one "A" route to the airport area available in the district, causing serious inconvenience to the residents of the North District. In this connection, will the Executive Authorities inform this Council:
    (a)of the details of the bus routes connecting the North District with Kowloon and Hong Kong Island, including the route numbers, origins, destinations, daily service hours, daily schedules and journey durations of the bus routes and set out such information in a table; whether the authorities will increase the number of bus routes connecting the North District with Kowloon and Hong Kong Island; if they will, of the details; if not, the measures put in place by the authorities to address the issue of the North District residents over-relying on rail transport to go to and return from Kowloon and Hong Kong Island due to the lack of bus routes to other districts;

    (b)whether the authorities will consider introducing or running on a trial basis an overnight bus route from Kowloon or Hong Kong Island to the North District, so as to obviate the need for the North District residents to change to other means of transport at Sha Tin; if they will, of the details; if not, whether the authorities will review the policy on overnight transport for the North District in response to the geographical location of the district; and

    (c)given that some residents of the North District have indicated that the franchised buses serving route A43 are their major means of transport to and from the airport, but the bus frequency of this route is low, fares are high, seats are not sufficient, and a journey lasts more than one and a half hours, whether the authorities will introduce a new "E" route charging lower fares to run between the North District and the airport area; if they will, of the details; if not, the measures put in place by the authorities to address the issue of low frequency and high fares of the franchised bus route running between the North District and the airport?
Public Officer to reply : Secretary for Transport and Housing

2. Hon Alan LEONG to ask:
(Translation)

It has been reported that the shipyards on the Government lands at Ap Lei Chau Praya Road have since 2007 moved out one after another upon receipt of compensation from Sun Hung Kai Properties Limited ("SHKP"), but the Government lands have not been returned to the Government, and they have instead been taken over by Cheerjoy Development Limited ("Cheerjoy"), a subsidiary of SHKP, in accordance with an agreement. It has also been reported that the company pays for the removal costs of the shipyards on the pretext of "assisting the tenants to plan for restructuring or cessation of business", and it is mentioned in the agreement that "Party A (i.e. Cheerjoy) is the legally authorized person of Party B (i.e. the shipyard)", "Party B confirms that Party A may apply to the Government for granting to Party A or its designated persons the use of any shipyard, or any part thereof, of any tenant who has moved out", and "Party B hereby expressly agrees not to raise objection in respect of such application or approval". Cheerjoy may also "deliver vacant possession to the Government at any time and in any manner determined at its sole and absolute discretion". In addition, the shipyard sites are already enclosed by wire fences, fitted with "Private Land, No Trespassing" warning signs, as well as manned and patrolled by security guards who claimed to be hired by SHKP. Some shipyard tenants had asked the Lands Department ("LandsD") whether they could rent the slipways next to the shipyards, but LandsD advised them to ask SHKP. In this connection, will the Government inform this Council:
    (a)whether SHKP or Cheerjoy has communicated with the Government in respect of the aforesaid shipyard sites; whether the Government knows the details of the aforesaid agreement or other removal agreements signed between SHKP or Cheerjoy and the tenants who have moved out; if there is no agreement, why the sites are enclosed by wire fences, fitted with "Private Land" warning signs, as well as manned and patrolled by security guards hired by SHKP after the removal of the shipyards, and why LandsD staff told the aforesaid tenants that they should contact SHKP to inquire about the rental of the slipways;

    (b)given that in response to media enquiries, LandsD indicated that individual shipyard tenants had proposed to terminate the leases, and LandsD was following established procedures to resume the sites, how many sites vacated by the aforesaid shipyards have been resumed by LandsD so far, of the details of the land resumption, how many sites vacated by the shipyards have not yet been returned to LandsD but are enclosed by wire fences and fitted with "Private Land" warning signs; and whether there are sites vacated by the shipyards which have not been returned to LandsD and in respect of which no Government rent has been paid; if so, of the details; if not, the reasons for that; and

    (c)how LandsD will deal with the resumed shipyard sites; whether open tenders will be called to enable persons interested in operating maintenance shipyards to use the sites, or whether their land use will be changed to open space?
Public Officer to reply : Secretary for Development

3. Hon WONG Kwok-hing to ask:
(Translation)

It has been reported that a large number of telecommunications transmitters ("transmitters") have been installed at the rooftops of some residential buildings by various telecommunications operators, and some flats in these buildings have even been converted into machine rooms which operate non-stop round the clock. The residents concerned are worried that the electromagnetic radiation generated by these transmitters may pose health risks, and such installations and machines may affect the structure and electricity load of their buildings. In this connection, will the Government inform this Council:
    (a)whether the authorities compiles statistics on the number of transmitters installed at the top floors and the rooftops of residential buildings at present; of the number of residential buildings with more than one transmitter installed; of the procedure for the authorities to vet and approve applications for the installation of radio base stations in residential buildings at present; whether the authorities will consult the relevant government departments (including the Electrical and Mechanical Services Department, Home Affairs Department, Buildings Department and Architectural Services Department, etc.) and conduct on-site inspections, consult the affected residents and assess the impact of electromagnetic radiation on the residents, etc. before approving these applications; if they will not, of the reasons for that;

    (b)whether the authorities at present impose any limit on the level of radiation generated by transmitters in residential buildings; if they do, of the limit on the level; if not, the reasons for that; of the number of complaints received by the authorities in the past three years about the electromagnetic radiation emitted from rooftop transmitters and installations in residential buildings; the follow-up actions taken by the authorities upon receipt of such complaints, whether they will take on-site measurement of the radiation level and request removal of the transmitters in question; if they will, of the total number of transmitters and installations so removed upon request in the past three years; and

    (c)regarding the aforesaid case, why the authorities approved more than one telecommunications operator to install several transmitters at the same location and expose the residents to radiation over a prolonged period; whether the authorities took into account the impact of the installation of several transmitters on the residents and their buildings when they vetted and approved these applications; whether the authorities will review the current mechanism for vetting and approving these applications (e.g. various relevant government departments collaborating in handling these applications, assessing the health risk posed by electromagnetic radiation to the residents from a medical perspective, enhancing transparency in the vetting and approval of applications, as well as consulting residents); if they will not, of the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

4. Hon Fred LI to ask:
(Translation)

It has been reported that the Government has reached an agreement with a developer on the lease renewal for the Ocean Terminal lot by way of in-situ land exchange for a lease term of 21 years at a land premium of $7.9 billion and an annual rent of 3% of the rateable value, and approval has been given for the permitted gross floor area of the lot to increase 40% to 920 000 square feet. In this connection, will the Government inform this Council:
    (a)of all the information concerning this land exchange and lease renewal, including the terms of the original lease of the Ocean Terminal lot (Kowloon Permanent Pier No. 83); among the terms of the old and new leases of the Ocean Terminal lot (Kowloon Inland Lot No. 11 178), the area and size of the lot (illustrated in plans), the lease commencement and expiry dates, user restrictions of the lot, permitted gross floor area of the lot, land premium and rent for the leases, arrangements upon the expiry of the leases, as well as the total floor area for commercial use and that for government use in the new lease of the Ocean Terminal lot (including a new four-storey building permitted to be built), as well as the annual revenue from Government rent expected to be brought to the Government by the new lease;

    (b)since it has been learnt that the former Director of Lands had proposed that the Government should lease out the aforesaid lot by way of open bidding upon expiry of the lease, whether the authorities had conducted discussion on that; if they had, of the results; if not, the reasons for that; and

    (c)why the authorities have included the operation of the cruise terminal and that of the Ocean Terminal in the new lease of the Ocean Terminal lot instead of separating them into a government lot and a commercial lot, calling for tenders to run the cruise terminal by way of open bidding, and continuing to lease out land for commercial use; how these two approaches compare with each other in respect of their impact on the Government's land revenue; which approach will be adopted for the operation of the Kai Tak Cruise Terminal in the future?
Public Officer to reply : Secretary for Development

5. Hon Frederick FUNG to ask:
(Translation)

The study on the selling price of pork published by the Consumer Council ("CC") in the middle of last month pointed out the inconsistency in the pace of adjustment in the average wholesale price and retail price of fresh pork in that the retail price was quick in going up and slow in coming down, and there was even the situation where the wholesale price had fallen, but the retail price had risen. For example, in October last year, the average wholesale price of live pigs dropped by 7.2% month on month, but the average retail price of lean pork, on the contrary, increased by 0.9%. Similarly, in February and March this year, the average wholesale price of live pigs dropped by 4.8% and 0.7% respectively, but the retail price still increased by 1.2% and 0.2% respectively, resulting in a widening difference between the retail price and the wholesale price. Some members of the pork retail trade had later refuted, stating that CC's data had focused too much on the average wholesale pork price and neglected factors such as the difference in price between high and low quality pork and increase in traders' costs, etc., and they even suspected that supermarkets had sold low-priced pork as high-priced pork. In this connection, will the Government inform this Council:
    (a)of the average monthly wholesale, import and retail prices of fresh and chilled pork imported from the Mainland since October last year, and the respective monthly changes in such prices; the difference in the retail price of fresh and chilled pork and its changes; whether there is a trend of widening difference between the retail price and wholesale price or import price of fresh and chilled pork; whether it has looked into the reasons for that; if it has, of the results;

    (b)whether the authorities have looked into and followed up the aforesaid CC's study and the response of the pork retail trade, including whether they have assessed if the conclusion of CC's study is reasonable, if the pork retail trade's comment is true and if there is no room for reduction in the retail pork price after considering factors such as the quality of pork and increase in costs, etc., and why supermarkets can offer discounts; if they have taken follow-up action and conducted such an assessment, of the results; and

    (c)whether the authorities have conducted analysis and study on the wholesale and retail pork markets; if they have, whether anti-competitive conduct such as monopolization and collusive pricing exists, and whether there is the practice of price-gouging for profiteering; what measures the authorities have to curb such anti-competitive conduct and urge pork retailers to expeditiously lower the retail price in response to the drop in the wholesale price, so as to enable consumers to buy pork at reasonable prices?
Public Officer to reply : Secretary for Food and Health

6. Hon Paul TSE to ask:
(Translation)

Recently, the media one after another have uncovered that the number of visits outside Hong Kong ("visits") made by the Chief Executive ("CE") and officials of various ranks (including the Political Assistants who are responsible for political liaison within Hong Kong) was, given the duties of their posts, disproportionately high, and it is suspected that officials of the overseas Hong Kong Economic and Trade Offices ("ETOs") had inappropriately travelled on business class, which was several times more expensive than economy class, to make reconnaissance visits for CE's visits, causing a great outcry among members of the public. Moreover, some members of the public have pointed out that over the years, the SAR Government has been excessively "generous" in providing hospitality to foreign envoys and mainland officials visiting Hong Kong ("visiting officials"), and hence members of the public have reasons to believe that such hospitality is to be reciprocated, resulting in free and extravagant hospitality being offered for those Hong Kong officials paying return visits afterwards. In this connection, will the Government inform this Council:
    (a)given that CE openly admitted his "mishandling of the various events" on 1 June this year when responding to the Audit Commission's report on "Hotel accommodation arrangements for the Chief Executive's duty visits outside Hong Kong" and to the report of the Independent Review Committee for the Prevention and Handling of Potential Conflicts of Interests, whether the Government will request CE to truly implement the political accountability system in the remaining time of his term and respond in detail to the reports that the number of visits made by Political Assistants was, given the duties of their posts, disproportionately high and that staff at the overseas ETOs had inappropriately upgraded their passages, etc., so as to salvage as far as possible people's confidence in the governance of the SAR Government; if it will, of the arrangements; if not, the reasons for that; and how CE implements the political accountability system when encountering inappropriate accommodation arrangements for visits;

    (b)of the amount of public money spent by the SAR Government on providing hospitality to visiting officials in each of the past three years; the different grades of hospitality provided to visiting officials, the established standards and the upper limits on such expenditure; the mechanism for determining the grades of hospitality provided to visiting officials; and whether any reporting and monitoring mechanism is in place; and

    (c)whether any assessment has been conducted to ascertain if the Government had in the past received visiting officials with grades of hospitality higher or more extravagant than those actually needed, and if such hospitality will indirectly encourage the visiting officials to provide extravagant hospitality of similar grades to CE or Hong Kong officials who make return visits?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

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

At present, professional qualifications in the aviation industry are required for appointment to some professional grades in the Civil Aviation Department ("CAD"), e.g. some CAD staff are required to obtain a professional pilot's licence ("licence") or licences of higher levels. To obtain licences of higher levels, candidates are required to accumulate certain hours of flying. As CAD currently lacks the relevant aeronautical facilities, CAD staff are seconded to local airlines for training and accumulating working experience. In this connection, will the Government inform this Council:
    (a)of the posts under the establishment of CAD at present which require secondment of the post holders to local airlines for training to enable them to obtain the professional qualifications required; and the levels of professional qualifications they may obtain upon completion of such training;

    (b)of the total number of CAD staff seconded to local airlines for training in the past 10 years, together with details including the name of the airline to which each staff member had been seconded, the duration of each secondment, the post taken up by each staff member during the secondment in the airline concerned, the post taken up upon reversion to CAD and the career advancement afterwards;

    (c)of the respective number of training places provided by each local airline to CAD in the past 10 years, as well as the criteria adopted by the authorities in selecting such airlines;

    (d)whether the seconded staff are employees of CAD or the airlines concerned during the training period, and if they are entitled to the salary and benefits provided by the airlines; and

    (e)whether the seconded staff will handle matters relating to the airlines which provided training for them after they revert to work at CAD; if they will, of the mechanism put in place by the authorities to avoid conflict of interest or roles and ensure that the staff concerned will handle the matters impartially?
Public Officer to reply : Secretary for Transport and Housing

*8. Hon WONG Yuk-man to ask:
(Translation)

The elderly residents in Sham Shui Po have complained about the unduly long waiting time for registering as members of and making physical check-up appointments at the Nam Shan Elderly Health Centre in Sham Shui Po, and similar situations are also very common among the elderly health centres ("EHCs") in other districts. The Department of Health has responded that as the services of EHCs are heavily subsidized, there is a huge demand for such services, and the Department understands how the elderly feel when they have to wait a long time. In this connection, will the Government inform this Council whether:
    (a)the Department of Health is identifying suitable locations in the various districts in Hong Kong for setting up EHCs to cater for the medical needs of an ageing population; if not, of the reasons for that; and

    (b)the Food and Health Bureau will formulate long-term plans to allocate additional resources to the Department of Health for recruiting more manpower for EHCs and setting up more EHCs; if not, of the reasons for that?
Public Officer to reply : Secretary for Food and Health

*9. Dr Hon Joseph LEE to ask:
(Translation)

It has been learnt that the Hospital Authority ("HA") anticipates that healthcare staff born in the post war baby boom are close to their retirement age and a wave of retirement will emerge in HA. In this connection, will the Government inform this Council if it knows:
    (a)the number of allied health professionals reaching retirement age in the coming 10 years as anticipated by HA, and list in the table below the respective numbers of staff in allied health grade of various hospital clusters retiring each year;

    No. of retirement in ________(allied health grade):
    Hospital cluster2012-20132013-20142014-20152015-20162016-20172017-20182018-20192019-20202020-20212021-2022
    Hong Kong ("HK") East









    HK West









    Kowloon ("Kln") East









    Kln West









    Kln Central









    New Territories ("NT") East









    NT West










    (b)whether HA anticipates that there will be a sufficient number of experienced allied health professionals by that time to fill those vacancies arising from the retirement of allied health professionals; if so, the details; if not, how the authorities will resolve the relevant problem; and

    (c)whether HA will focus on the retirement of experienced allied health professionals one after another and introduce new measures to retain experienced allied health professionals to work for HA; if it will, the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

*10. Hon Mrs Regina IP to ask:
(Translation)

It has been recently reported in the press that it is suspected that the demolition works of the former civil servant quarters ("quarters") on Borrett Road in Mid-levels west did not comply with the regulations, causing carcinogenic asbestos materials to spread to the residential buildings, schools and kindergartens within 100 metres of the quarters, and jeopardizing public health. It has also been reported that it is suspected that the incident is attributable to a registered asbestos consultant ("asbestos consultant") having mistakenly reported the quarters as asbestos-free. According to some medical reports, asbestos is a kind of fibre not detectable by naked eyes and can stay in air for a long time and, if inhaled, it will reside in human bodies for years and increase the risk of lung cancer and mesothelioma. Other research studies have also indicated that exposure to asbestos will increase the risk of quite a number of cancer diseases (including gastrointestinal cancer, colorectal cancer and cancers of the throat, kidney, esophagus and gallbladder), and the symptoms of asbestos-related diseases may not appear until about 10 to 40 years after the first exposure to asbestos. In this connection, will the Government inform this Council:
    (a)given that in connection with asbestos abatement works, a Member of this Council has asked the authorities whether they will publish a list of the target buildings ("the buildings") confirmed to contain asbestos materials, and the authorities have replied that they "have to observe the feelings of the owners and occupants of the buildings concerned, and do not wish to create a wrong impression to the public that all these buildings are dangerous" and refused to publish the list concerned, and focusing on the aforesaid incident of misreporting by the asbestos consultant, whether the authorities will reconsider publishing the list concerned to enable workers and members of the public to understand the situation and take precautions accordingly before carrying out maintenance works to the buildings;

    (b)of the existing licensing and examination system for asbestos consultants; the mechanism put in place by the authorities, apart from relying on supervision by asbestos consultants, to ensure that the buildings are demolished in a safe manner; and how waste materials containing asbestos are disposed of properly;

    (c)given that the Hong Kong Construction Industry Employees General Union has pointed out that among the nearly 1 000 construction workers who underwent subsidized physical check-ups last year, 13% have suspected lung problems, of the total numbers of confirmed cases of asbestosis and mesothelioma in Hong Kong in the past five years, together with the respective numbers of such cases involving construction workers; of the specific details of the support offered by the Development Bureau, Labour Department and Environmental Protection Department ("EPD") to the workers concerned; given that the symptoms of asbestos-related diseases may not appear until about 10 to 40 years after the first exposure to asbestos, of the policies, in addition to the Pneumoconiosis Compensation Fund, the authorities have in place to help the workers who have no way to claim compensation;

    (d)given that it was reported in March this year that of the 1 100 "asbestos old buildings" in Hong Kong, over 200 are located in To Kwa Wan district with a total of around 50 canopies with asbestos, how the authorities follow up cases of owners not agreeing to demolish such asbestos canopies; how they can effectively safeguard the health of the residents in the district; given that it has also been reported that some owners have yet to demolish the asbestos canopies after a long time because they cannot afford the huge costs involved, whether the authorities will set up a department dedicated to handling such matters, and subsidize the demolition works to be commissioned by owners; and

    (e)given that at present any person who fails to appoint a registered asbestos contractor to carry out asbestos abatement works is liable to a fine of $200,000 and to imprisonment for six months if convicted, yet it was reported in 2009 that each year, there were about 100 cases in which the persons prosecuted by EPD were convicted and only fines of $2,000 to $6,000 were imposed on them, and the lack of deterrent effect of the relevant penalties may become an incentive for owners to commission low-cost asbestos abatement works which do not comply with the regulations, of the number of prosecutions instituted by the authorities for illegal demolition of buildings containing asbestos materials in the past five years; what other measures are implemented by the authorities at present which are targeted at such illegal activities; whether the authorities have any plan to increase the penalties and step up inspection efforts?
Public Officer to reply : Secretary for the Environment

*11. Hon CHAN Hak-kan to ask:
(Translation)

Quite a number of residents in the old market towns (including Shek Wu Hui in Sheung Shui, Luen Wo Hui in Fanling and Tai Po Market) in the New Territories have relayed to me that the planning for old market towns fails to catch up with the overall development in the districts, and the transport and ancillary facilities are very outdated, resulting in some vacant government lots being used as temporary car parks on a long-term basis. They have further pointed out that there are distinctive communal features in old market towns and suggested the implementation of revitalization and conservation programmes through which both environmental improvement and promotion of local economy will be achieved. In this connection, will the Government inform this Council:
    (a)of the respective population structure of the aforesaid three market towns in the past five years; and the anticipated changes in population in the next five years;

    (b)of the respective numbers of vehicle parking spaces in the aforesaid three market towns at present; whether it has considered increasing the number of parking spaces or building car parks to meet the demand; if it has, of the details; if not, the reasons for that;

    (c)given that the Luen Wo Market in Luen Wo Hui of Fanling has been lying idled since it ceased operation in 2002, of the reasons for the absence of any specific development plan to date, even though the Market has been classified as a Grade III historic building; whether it will consider revitalizing and conserving the Market; if it will, of the details; if not, the reasons for that;

    (d)given that some traditional buildings with historical value in the aforesaid three market towns (e.g. Old District Office North and the Former Sheung Shui Public Library Building at Fu Hing Street) are currently being occupied by government departments and non-governmental organizations, whether the Government will review the arrangement concerned, so as to vacate such buildings for other revitalization and conservation purposes; and

    (e)whether large-scale projects will be introduced for greening and enhancing environmental hygiene at the aforesaid three market towns?
Public Officer to reply : Secretary for Development

*12. Hon WONG Sing-chi to ask:
(Translation)

The MTR Corporation Limited ("MTRCL") increased MTR fares in 2010, 2011 and 2012 respectively. After each fare adjustment, there were situations in which the Single Journey fares for quite a number of fare combinations were lower than their corresponding Octopus fares ("fare situations"). According to the reply given by the Secretary for Housing and Transport to a question asked by a Member of this Council on 9 June 2010, in fare adjustments, MTRCL applied the principles that "adjustments to Octopus fares are rounded to the nearest 10-cents" and "adjustments to Single Journey fares are rounded to the nearest 50-cents" for the calculation of individual fares, and "some Single Journey fares, most of which are concession fares for children and the elderly, would have a substantial increase if they are to be adjusted by 50 cents. Therefore, MTRCL has decided not to adjust these Single Journey fares now and address the issue in the next fare adjustment". Since the approach and principles of the fare adjustments in 2011 and 2012 are identical to those in 2010, 100, 30 and 596 "fare situations" emerged respectively after the fare adjustments in these three years. In this connection, will the Government inform this Council:
    (a)whether it knows the progress and details (e.g. the number of "fare situations" handled and the time required, etc.) of MTRCL's handling of the "fare situations" each year since 2010; the details and numbers of "fare situations" not yet handled since the fare adjustments in 2010 and 2011, and set out the information by year and railway line;

    (b)given that MTRCL indicated in 2010 that the issue of "fare situations" would be addressed in the next fare adjustment, whether the authorities have discussed, reviewed and followed up the "fare situations" with MTRCL with a view to eliminating the differences between the two types of fares; if they have, of the details and effectiveness of their efforts, and set out the information by year (since 2010) and type of efforts; if not, the reasons for that;

    (c)given that after the fare adjustments in 2011 and 2012, "fare situations" have deteriorated when compared with those in 2010, with the number of "fare situations" in 2012 far exceeding the numbers in 2010 and 2011 (being about five times and 20 times of the respective years), whether the authorities, as the major shareholder of MTRCL, have assessed if MTRCL has failed to honour its undertaking at that time as mentioned in (b);

    (d)focusing on "fare situations", what solutions (e.g. abolition of the fare adjustments of the journeys concerned) the authorities and MTRCL have to solve the problem completely, and of the details of and concrete implementation timetable for each solution; and

    (e)whether it has assessed if the "fare situations" have defeated the original purpose of establishing the Octopus fare system; if it has, of the findings?
Public Officer to reply : Secretary for Transport and Housing

*13. Hon James TO to ask:
(Translation)

It has been learnt that the let-out rates of some facilities of the Government, such as public markets and cooked food centres ("CFCs"), etc., have remained low for a long time. Starting from March 2009, the Food and Environmental Hygiene Department has put up long standing vacant stalls in public markets for open auction at reduced upset prices ("auction of long standing vacant stalls at concessionary prices") with a view to attracting commercial tenants to rent such stalls. In this connection, will the Government inform this Council:
    (a)of the respective numbers of public markets, built-in CFCs of public markets, cooked food markets ("CFMs"), temporary markets and other markets (e.g. jade markets, flower markets and kiosks, etc.) of the Government in each of the 18 District Council districts ("18 districts") at present, and list the breakdown according to the table below;


    DistrictsPublic marketsBuilt-in cooked food centres of public marketsCooked food marketsTemporary marketsOther markets
    Hong Kong Island Central and Western




    Wan Chai




    Eastern




    Southern




    Kowloon Yau Tsim Mong




    Sham Shui Po




    Kowloon City




    Wong Tai Sin




    Kwun Tong




    New Territories Sha Tin




    Tai Po




    North




    Sai Kung




    Yuen Long




    Kwai Tsing




    Tuen Mun




    Tsuen Wan




    Islands





    (b)of the respective numbers of vacant stalls in each of the 18 districts at present, and the percentages of such numbers in the total numbers of stalls in such districts, and list the breakdown by public markets, built-in CFCs of public markets, CFMs, temporary markets and other markets in the table below;

    Number and percentage of vacant stalls

    DistrictsPublic marketsBuilt-in cooked food centres of public marketsCooked food marketsTemporary marketsOther markets
    Hong Kong Island Central and Western




    Wan Chai




    Eastern




    Southern




    Kowloon Yau Tsim Mong




    Sham Shui Po




    Kowloon City




    Wong Tai Sin




    Kwun Tong




    New Territories Sha Tin




    Tai Po




    North




    Sai Kung




    Yuen Long




    Kwai Tsing




    Tuen Mun




    Tsuen Wan




    Islands





    (c)of the respective numbers of public markets, built-in CFCs of public markets, CFMs, temporary markets and other markets in each of the 18 districts which have been closed down totally, or some floors of which have been closed down, due to the large number of vacant stalls; for how long such markets or floors of the markets have been closed down; whether the uses of them have been changed; if so, of their uses at present and set out such information according to the table below;

    DistrictsNames of public markets, built-in cooked food centres of public markets, cooked food markets, temporary markets and other marketsWith some floors closed down (specify the floors and the number of stalls involved)/ closed down totally (specify the number of stalls involved)Close-downperiod Whether their uses have been changed (if so, specify the uses and when the facilities were reopened after change of uses)Latest situation







    (d)regarding the public markets, built-in CFCs of public markets, CFMs, temporary markets and other markets mentioned in (c) which are still closed down totally or some floors of which are still closed down at present, whether the authorities have considered changing their uses, or altering or redeveloping them (e.g. converting the public markets which trade wet and dry goods only into markets with built-in CFCs, or converting them into community facilities such as recreation and leisure facilities), so as to avoid leaving government properties idle for a long time; and

    (e)of the effectiveness of the auction of long standing vacant stalls at concessionary prices conducted by the authorities since March 2009; the number of stalls put up for auction through such scheme (excluding the stalls re-possessed and put up for auction again), as well as the respective numbers and percentages of the stalls successfully let out, broken down by the items set out in the table below?


    DistrictsPublic marketsBuilt-in cooked food centres of public marketsCooked food marketsTemporary marketsOther markets
    No. of stalls for auctionNo. and % of stalls let outNo. of stalls for auctionNo. and % of stalls let outNo. of stalls for auctionNo. and % of stalls let outNo. of stalls for auctionNo. and % of stalls let outNo. of stalls for auctionNo. and % of stalls let out
    Hong Kong Island Central and Western









    Wan Chai









    Eastern









    Southern









    Kowloon Yau Tsim Mong









    Sham Shui Po









    Kowloon City









    Wong Tai Sin









    Kwun Tong









    New Territories Sha Tin









    Tai Po









    North









    Sai Kung









    Yuen Long









    Kwai Tsing









    Tuen Mun









    Tsuen Wan









    Islands










Public Officer to reply : Secretary for Food and Health

*14. Hon CHEUNG Kwok-che to ask:
(Translation)

Shelter workshops for persons with disabilities ("PWDs") provide vocational training for PWDs, including those with intellectual disability, in an environment specially designed to accommodate the limitations arising from their disabilities, which aims at engaging PWDs in work rewarded by a training allowance so that they can learn how to adapt to the general work requirements, develop their social skills and interpersonal relationship, and get prepared for potential advancement to supported or open employment in future wherever possible. Shelter workshops engage those PWDs who have certain motivation and abilities to work to take up income-generating production process in a planned environment. Some shelter workshops offer simple and routine jobs, and workers can get a daily pay of $34 only and a monthly income of below $2,000 in general. Regarding the difficulties faced by workers and operators of shelter workshops, will the Government inform this Council:
    (a)given that inflation in Hong Kong is high at present and workers of shelter workshops are not even eligible for applying for the Work Incentive Transport Subsidy Scheme, whether the authorities will offer a new travel subsidy to such workers in order to encourage PWDs to take up employment and alleviate the burden on their families; if they will, how the amount of such subsidy will be determined; if not, of the reasons for that;

    (b)of the details and effectiveness of the support provided by the Marketing Consultancy Office (Rehabilitation) set up by the authorities for seeking job orders for shelter workshops, which are awarded through open tender; whether they have assessed if the Office can provide assistance to individual workshops in resolving their problem of insufficient orders completely; whether the authorities have any other support measure to enable shelter workshops to increase their orders; if they do, of the details; if not, whether the authorities will immediately consider introducing measures to support the business operation of shelter workshops;

    (c)as I have learnt that in some shelter workshops, about one fifth of the workers are people recovering from mental illness, among the workers of shelter workshops in Hong Kong at present, of the number of those who are people recovering from mental illness; given that some fellow social workers have relayed that those workers need professional assistance from other allied health staff, whether the authorities will enhance the manpower of allied health staff in shelter workshops, such as nurses, occupational therapists and health workers, etc.; if they will, of the details; if not, the reasons for that;

    (d)as some fellow social workers have indicated that shelter workshops are putting the cart before the horse in that they only emphasize production at present but have forgotten the aforesaid major function of providing vocational training for PWDs, of the differences between the original and existing services provided by shelter workshops in terms of direction and principle; and as some fellow social workers have also indicated that the authorities have set up shelter workshops for years but have so far not conducted any review of their services which are very outdated, whether the authorities will review the services offered by shelter workshops; if they will, of the details; if not, the reasons for that; and

    (e)as some fellow social workers have pointed out the serious ageing problem of shelter workshops, and they hope that rehabilitation services in terms of their diversity, establishment and ancillary facilities can be re-engineered, and the manpower of allied health staff, such as occupational therapists and nurses, etc. can be enhanced, whether the authorities will re-engineer these services; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

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

Article 6 of the Convention on the Rights of Persons with Disabilities protects the rights of women with disabilities ("WWD"). In this connection, will the Executive Authorities inform this Council:
    (a)whether there are WWD members on the Women's Commission ("WoC") to reflect their needs directly; if not, of the channels through which WoC gains knowledge of the needs of WWD; whether WoC organized any activity last year focusing on the needs of WWD;

    (b)how they ensure that the rights of WWD are protected when implementing gender mainstreaming; and

    (c)of the specific measures in place to provide sex education for women with intellectual disabilities and those with severe mental illness so as to protect them from sexual abuse and to safeguard their reproductive rights?
Public Officer to reply : Secretary for Labour and Welfare

*16. Hon Paul TSE to ask:
(Translation)

It has been learnt that some representatives of the commercial tenants in Lei Yue Mun ("LYM") are gravely dissatisfied with the extremely slow progress made by the Government in the enhancement and construction of ancillary tourism facilities in LYM ("LYM Waterfront Enhancement Project") ("the Project"), thus hindering the development of tourism in LYM. Some members of the Kwun Tong District Council ("KTDC") have relayed to me that KTDC has unanimously supported the works under the Project (e.g. the pier works project approved in 2005 and the waterfront development project approved in 2009), but a member of another District Council, who is a member of the Civic Party, has continuously raised questions at different stages in respect of issues such as sewage, water quality improvement, road base and fire prevention, etc., and the works projects are yet to be implemented. In this connection, will the Government inform this Council:
    (a)whether it has assessed the additional expenditure on works projects caused by the delay in the Project; if it has, of the assessment findings; if not, whether it can assess immediately;

    (b)whether it has assessed if the aforesaid political party or other political parties would, by means of seeking judicial review of environmental impact assessment reports, hinder the implementation of the Project; if it has, of the assessment findings; if not, whether it can assess immediately and give an account of its policy to tackle this issue;

    (c)whether it has assessed if the delay in the development of the ancillary tourism facilities in LYM waterfront (including the breakwater, waterfront promenade, streetscaping and public landing facility, etc.) will undermine the ancillary facilities in the district for the Kai Tak Cruise Terminal which will commence operation next year and the synergy effects to be brought about by the terminal; if it has, of the assessment findings;

    (d)given that the SAR Government of the new term, which will commence on 1 July this year, intends to expand the organization of the Government Secretariat to include five Secretaries of Departments and 14 bureaux, whether the Government of the new term will set aside manpower resources to iron out the controversies in the councils of various levels so that the various projects for upgrading the tourism facilities in LYM will be implemented as soon as possible; if it will, of the contents of its plan; if not, whether it will immediately formulate a plan for setting aside manpower resources; and

    (e)in the face of the aforesaid new questions which keep emerging, of the Government's way of compromise to avoid further delay in the various enhancement works projects?
Public Officer to reply : Secretary for Commerce and Economic Development

*17. Hon KAM Nai-wai to ask:
(Translation)

It was reported last month that the Hong Kong Jockey Club ("HKJC") discarded as garbage archaeological discoveries excavated at the Central Police Station Compound, including the foundation of a half double cross building, which is of significant historical value, and the incident has aroused strong dissatisfaction from members of the Antiquities Advisory Board ("AAB") and heritage conservationists. In this connection, will the Government inform this Council:
    (a)of the commencement date of the archaeological excavation at the Central Police Station Compound, the number of items excavated since then and the archaeological discoveries; whether antiquities of foundations belonging to Hong Kong's first generation of prisons have been excavated;

    (b)whether it knows how HKJC deals with the archaeological discoveries excavated; whether HKJC has taken photographs of each item of antiquities excavated and how HKJC decides which antiquities are to be kept and which ones are to be discarded;

    (c)whether the authorities have made a record of each item of antiquities excavated;

    (d)whether it knows the qualifications of the experts who assist HKJC in conducting this archaeological excavation and preparing the report; whether they are qualified to carry out archaeological excavation in Hong Kong; and

    (e)whether the authorities have reported regularly to AAB the progress of this archaeological excavation; when the last report was made and when the next report will be made?
Public Officer to reply : Secretary for Development

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

It has been reported that the imminent change of Government brings uncertainty to the future of the Community Care Fund ("CCF") and, in addition, since the establishment of CCF in late 2010, a huge gap has persisted between the actual amount of donations received by CCF and the target of raising $5 billion from the business sector. In the reply to my question on 2 November last year, the authorities indicated that they would "demonstrate its[CCF's] concrete accomplishments to the community, seek recognition for its work ...... from various sectors" to attract donations from all sectors in the community. In this connection, will the Government inform this Council:
    (a)of the work of the authorities and its progress in raising funds from the business sector for CCF last year; whether they can provide information such as the donations pledged and the actual amount of donations received so far (including a list of individual/institutional donors); of an update of the accumulated balance and the use of CCF; whether the deposit of $5 billion placed with the Hong Kong Monetary Authority as the seed capital has been used so far;

    (b)whether the authorities have assessed if the problem of sustainability will arise in the operation of CCF with the existing progress in fundraising; whether further funding approval will be sought from the Legislative Council for maintaining the mode of funding the operation of CCF with the investment returns; and

    (c)whether the authorities have reviewed the various issues such as the effectiveness of CCF in poverty alleviation, its operation and sustainability, etc., before the change of Government; if so, of the results; whether they have discussed with the Government of the next term the arrangements on the transition, maintenance or abolition, etc. of CCF; if they have, of their suggestions?
Public Officer to reply : Secretary for Home Affairs

*19. Dr Hon Joseph LEE to ask:
(Translation)

At present, cases involving mental problems caused by drug abuse are referred to the psychiatric departments of public hospitals for follow-up treatment, and if the circumstances so require, the patients concerned will even be hospitalized. However, some healthcare personnel have pointed out that the conditions of drug abusers with mental problems are different from those of persons with common mental disorders, and the arrangement of putting these two types of patients in the same ward may affect the operation of the wards, and even pose danger to frontline staff. In recent years, the substantial increase in the number of drug abusers hospitalized for mental problems has aggravated the burden on psychiatric wards. In this connection, will the Government inform this Council if it knows:
    (a)the number of drug abusers admitted to the psychiatric wards of public hospitals in the past three years due to mental problems caused by drug abuse, and the percentage of this number in the total number of patients admitted to the psychiatric wards, together with a breakdown by hospital;

    (b)the average length of stay (number of days) of drug abusers admitted to psychiatric wards in the past three years due to mental problems caused by drug abuse;

    (c)whether the Hospital Authority ("HA") has increased the manpower in psychiatric wards in response to the increase in the number of cases of drug abusers being admitted to psychiatric wards due to mental problems caused by drug abuse; if it has, the details; if not, the reasons for that and whether it will consider increasing such manpower; and

    (d)given that the conditions of drug abusers are different from those of persons with common mental disorders, and they call for different handling approaches, whether HA has considered handling these two types of patients separately so as to provide more targeted psychiatric treatment for them; if it has, the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

*20. Hon Mrs Regina IP to ask:
(Translation)

Quite a number of public rental housing ("PRH") applicants ("applicants") have written to me to raise objection to the authorities adopting the approach of cross-district flat allocation because of the shortage in supply of PRH flats in the North District. They have pointed out that cross-district flat allocation fails to cater for their basic needs and family circumstances and therefore they have no choice but to time and again give up the valuable chance of being allocated a flat, and eventually they need to start queuing afresh. In this connection, will the Government inform this Council:
    (a)given the reasons pointed out by some applicants for giving up cross-district flat allocations, which include their being old and physically weak and not being able to afford the transport costs of working across districts, their children who are still at school being compelled to change schools, the need for them to take care of elderly family members in the North District, and their having difficulties in adapting to a new district because of old age, etc., whether the authorities will verify the applicants' reasons for giving up cross-district flat allocations and accord priority in the allocation of PRH flats in the North District to applicants faced with the aforesaid problems; if they will not, of the specific proposals and supportive measures offered by the authorities at present to address the problems encountered by such applicants;

    (b)given that some applicants have pointed out that since quite a number of units in the older PRH estates are units under the Tenants Purchase Scheme, which are not available for allocation, while the number of refurbished flats available is very small and the new units will only be completed in a few years' time, hence there is an acute shortage of units available in the North District and Tai Po for allocation at present and applicants are often allocated PRH flats or interim housing in Tuen Mun or Tin Shui Wai, which are far away from the North District, of the number of PRH flats available for allocation in the North District and the number of applicants applying for same district allocation of PRH flats in the North District since 2009; of the details of the construction of PRH flats carried out by the authorities at present in the North District; whether the authorities have any targeted measure at present to deal with the problem of imbalanced supply of PRH flats in the North District and the applicants of the North District being compelled to move across districts, as pointed out by some applicants; if they have, of the specific details; if not, whether they will consider formulating such measures; and

    (c)as some applicants have pointed out that at present, the area covered by each Waiting List ("WL") District is too extensive and they propose that the number of WL Districts be reverted from four at present to eight as in 1998 so that the WL Districts can be further demarcated and the geographical needs of the applicants can be catered for, and some applicants also propose that the Housing Department should give them the choice to confine their applications to a specified district as long as they are willing to accept the implications of such a change on the allocation arrangement and their waiting time, whether the authorities will study the feasibility of such proposals; and if the study result is in the affirmative, whether the authorities will take forward the proposals; if not, whether the authorities have any other measure in place to meet the geographical needs of the applicants; whether the authorities will consider further relaxing the restriction that applicants are generally not allowed to apply for PRH in the urban areas, so that some applicants who intend to move across districts need not remain on the WL for PRH flats in the North District; if they will not, of other targeted measures in place?
Public Officer to reply : Secretary for Transport and Housing

* For written reply

III. Motions

(Motion scheduled to be dealt with at this Council meeting)

Motion under Rule 91 of the Rules of Procedure

The Chief Secretary for Administration to move the following motion:


That Rule 18(1) of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region be suspended at the Council meeting of 20 June 2012.

IV. Bills

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

(Bills originally scheduled to be dealt with at the last Council meeting)


1. Mandatory Provident Fund Schemes (Amendment) (No. 2) Bill 2011 : Secretary for Financial Services and the Treasury

Secretary for Financial Services and the Treasury, Hon WONG Sing-chi
and Hon KAM Nai-wai to move Committee stage amendments

(The amendments were issued on 31 May 2012
under LC Paper No. CB(3)845/11-12)

2. Construction Industry Legislation (Miscellaneous Amendments) Bill 2012 : Secretary for Development

Secretary for Development to move Committee stage amendments

(The amendments were issued on 28 May 2012
under LC Paper No. CB(3)829/11-12)

3. Personal Data (Privacy) (Amendment) Bill 2011 : Secretary for Constitutional and Mainland Affairs

(i) Secretary for Constitutional and Mainland Affairs to move Committee stage amendments

(The amendments were issued on 30 May 2012
under LC Paper No. CB(3)838/11-12)

(ii) Hon James TO to move Committee stage amendments

(The amendments were issued on 1 June 2012
under LC Paper No. CB(3)850/11-12)

4. Legal Practitioners (Amendment) Bill 2010 : The Secretary for Justice

The Secretary for Justice to move Committee stage amendments

(The amendments were issued on 6 June 2012
under LC Paper No. CB(3)874/11-12)

5. Statute Law (Miscellaneous Provisions) Bill 2012 : The Secretary for Justice

The Secretary for Justice to move Committee stage amendments

(The amendments were issued on 5 June 2012
under LC Paper No. CB(3)873/11-12)

6. United Nations (Anti-Terrorism Measures) (Amendment) Bill 2012 : Secretary for Security

7. Immigration (Amendment) Bill 2011 : Secretary for Security

(i) Secretary for Security to move Committee stage amendments

(The amendments were issued on 5 June 2012
under LC Paper No. CB(3)869/11-12)

(ii) Dr Hon Margaret NG to move a Committee stage amendment

(The amendment was issued on 11 June 2012
under LC Paper No. CB(3)902/11-12)

8. Buildings Legislation (Amendment) Bill 2011 : Secretary for Development

Secretary for Development to move Committee stage amendments

(The amendments were issued on 6 June 2012
under LC Paper No. CB(3)875/11-12)

V. Motions

(Motions originally scheduled to be dealt with at the last Council meeting)

1. Proposed resolution under Article 73(7) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and section 7A of the Hong Kong Court of Final Appeal Ordinance (Cap. 484)

The Chief Secretary for Administration to move the following motion:

Resolved
that the following appointments be endorsed —

(a) the appointment of the Honourable Mr. Justice Robert Tang Ching as a permanent judge of the Hong Kong Court of Final Appeal pursuant to section 7 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) (the Ordinance);

(b) the appointment of the Honourable Mr. Justice Syed Kemal Shah Bokhary as a non-permanent Hong Kong judge of the Hong Kong Court of Final Appeal pursuant to section 8 of the Ordinance; and

(c) the appointment of the Right Honourable The Lord Phillips of Worth Matravers as a judge of the Hong Kong Court of Final Appeal from another common law jurisdiction pursuant to section 9 of the Ordinance.

2. Proposed resolution under the Legal Aid Ordinance

Secretary for Home Affairs to move the motion in Appendix I.


(The motion was also issued on 20 April 2012
under LC Paper No. CB(3) 662/11-12)

3. Proposed resolution under the Eastern Harbour Crossing Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Transport and Housing to move the motion in Appendix II.


(The motion was also issued on 21 May 2012
under LC Paper No. CB(3)782/11-12)

4. Proposed resolution under the Tate's Cairn Tunnel Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Transport and Housing to move the motion in Appendix III.


(The motion was also issued on 21 May 2012
under LC Paper No. CB(3)782/11-12)

5. Proposed resolution under the Western Harbour Crossing Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Transport and Housing to move the motion in Appendix IV.


(The motion was also issued on 21 May 2012
under LC Paper No. CB(3)782/11-12)

6. Proposed resolution under the Tai Lam Tunnel and Yuen Long Approach Road Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Transport and Housing to move the motion in Appendix V.


(The motion was also issued on 21 May 2012
under LC Paper No. CB(3)782/11-12)

7. Proposed resolution under the Mandatory Provident Fund Schemes Ordinance

Secretary for Financial Services and the Treasury to move the following motion:

Resolved
that the Mandatory Provident Fund Schemes (General) (Amendment) Regulation 2012, made by the Chief Executive in Council on 8 May 2012, be approved.

(The Amendment Regulation is in Appendix VI
and was also issued on 10 May 2012
under LC Paper No. CB(3) 742/11-12)

8. Proposed resolution under the Import and Export Ordinance and the Interpretation and General Clauses Ordinance

Secretary for Commerce and Economic Development to move the motion in Appendix VII.


(The motion was also issued on 29 May 2012
under LC Paper No. CB(3)830/11-12)

9. Proposed resolution under the Pharmacy and Poisons Ordinance

Secretary for Food and Health to move the following motion:

Resolved
that the following Regulations, made by the Pharmacy and Poisons Board on 22 May 2012, be approved —

(a) the Pharmacy and Poisons (Amendment) (No. 2) Regulation 2012; and

(b) the Poisons List (Amendment) (No. 2) Regulation 2012.

(The two Amendment Regulations are in Appendices VIII and IX
and were also issued on 24 May 2012
under LC Paper No. CB(3)805/11-12)

10. Proposed resolution under the Employees' Compensation Ordinance

Secretary for Labour and Welfare to move the motion in Appendix X.


(The motion was also issued on 28 May 2012
under LC Paper No. CB(3)822/11-12)

11. Proposed resolution under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance

Secretary for Labour and Welfare to move the motion in Appendix XI.


(The motion was also issued on 28 May 2012
under LC Paper No. CB(3)822/11-12)

12. Proposed resolution under the Occupational Deafness (Compensation) Ordinance

Secretary for Labour and Welfare to move the motion in Appendix XII.


(The motion was also issued on 28 May 2012
under LC Paper No. CB(3)822/11-12)

13. Proposed resolution under the Buildings Ordinance

Secretary for Development to move the motion in Appendix XIII.


(The motion was also issued on 25 May 2012
under LC Paper No. CB(3)812/11-12)

(Motions scheduled to be dealt with at this Council meeting)

14. Proposed resolution under the Disability Discrimination Ordinance

Secretary for Labour and Welfare to move the following motion:

Resolved
that the Disability Discrimination Ordinance (Amendment of Schedule 5) Notice 2012, made by the Chief Executive in Council on 8 May 2012, be approved.

(The Notice is in Appendix XIV
and was also issued on 10 May 2012
under LC Paper No. CB(3)743/11-12)

15. Proposed resolution under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance

Secretary for Labour and Welfare to move the motion in Appendix XV.


(The motion was also issued on 31 May 2012
under LC Paper No. CB(3)847/11-12)

16. Proposed resolution under the Construction Industry Council Ordinance

Secretary for Development to move the motion in Appendix XVI.


(The motion was also issued on 31 May 2012
under LC Paper No. CB(3)846/11-12)

17. Proposed resolution under section 54A of the Interpretation and General Clauses Ordinance

Secretary for Constitutional and Mainland Affairs to move the motion in Appendix XVII.


(The motion was also issued on 10 May 2012
under LC Paper No. CB(3)735/11-12)

(i) Hon Albert CHAN and Hon Albert HO to move amendments to the proposed resolution.

(The amendments were issued on 19 June 2012 under
LC Paper No. CB(3)935/11-12)

(ii) The Chief Secretary for Administration to move amendments to the proposed resolution.

(The amendments were issued on 19 June 2012
under LC Paper No. CB(3)944/11-12)

VI. Members' Motions on Subsidiary Legislation and Other Instruments

(Member's motion scheduled to be dealt with at this Council meeting)

1. Proposed resolution under section 34(4) of the Interpretation and General Clauses Ordinance

Hon James TO to move the following motion:

Resolved
that in relation to the Banking Ordinance (Amendment of Seventh Schedule) Notice 2012, published in the Gazette as Legal Notice No. 99 of 2012, and laid on the table of the Legislative Council on 23 May 2012, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 11 July 2012.

Public Officer to attend : Secretary for Financial Services and the Treasury

2. Proposed resolution under section 34(2) of the Interpretation and General Clauses Ordinance

Hon James TO to move the following motion:

Resolved
that the Banking Ordinance (Amendment of Seventh Schedule) Notice 2012, published in the Gazette as Legal Notice No. 99 of 2012 and laid on the table of the Legislative Council on 23 May 2012, be repealed.

Public Officer to attend : Secretary for Financial Services and the Treasury

(Member's motion originally scheduled to be dealt with at the last Council meeting)

3. Motion under Rule 49E(2) of the Rules of Procedure

Hon Miriam LAU to move the following motion:


That this Council takes note of Report No. 18/11-12 of the House Committee laid on the Table of the Council on 9 May 2012 in relation to the subsidiary legislation and instrument(s) as listed below:

Item Number Title of Subsidiary Legislation or Instrument
(1) Prevention of Bribery Ordinance (Amendment of Schedules 1 and 2) Order 2012 (L.N. 38/2012).

Public Officer to attend : Secretary for Commerce and Economic Development

VII. Members' Bills

(Member's Bill originally scheduled to be dealt with at the last Council meeting)


First Reading

Professional Accountants (Amendment) Bill 2012

Second Reading (Debate to be adjourned)

Professional Accountants (Amendment) Bill 2012 : Hon Paul CHAN

Public Officer to attend : Secretary for Financial Services and the Treasury

VIII. Members' Motions

(Members' motions originally scheduled to be dealt with at the last Council meeting)


1. Motion under Article 73(9) of the Basic Law

Initiated jointly by Hon Albert HO , Hon LEE Cheuk-yan, Hon Fred LI, Hon James TO, Hon CHEUNG Man-kwong, Hon LEUNG Yiu-chung, Hon Emily LAU, Hon Andrew CHENG, Hon Frederick FUNG, Hon Audrey EU, Hon LEE Wing-tat, Dr Hon Joseph LEE, Hon Ronny TONG, Hon KAM Nai-wai, Hon Cyd HO, Hon CHEUNG Kwok-che, Hon WONG Sing-chi, Hon Paul TSE, Hon Alan LEONG, Hon LEUNG Kwok-hung, Hon Tanya CHAN, Hon Albert CHAN and Hon WONG Yuk-man (23 Members) and to be moved by Hon Cyd HO


That, since a motion initiated jointly by not less than one-fourth of all the Members of the Legislative Council charges the Chief Executive Mr Donald TSANG with serious dereliction of duty (details as particularized in the Schedule to this motion) and he refused to resign, this Council, in accordance with Article 73(9) of the Basic Law, gives a mandate to the Chief Justice of the Court of Final Appeal to form and chair an independent investigation committee to investigate the alleged dereliction of duty and report to this Council.

Schedule

Details of dereliction of duty of the Chief Executive Mr Donald TSANG are set out below:

Mr Donald TSANG, as the Chief Executive of the Hong Kong Special Administrative Region, accepted advantages or extravagant entertainment offered by other persons without making any declaration, failing to fulfill the duties under Article 47 of the Basic Law that the Chief Executive must be a person of integrity and dedicated to his or her duties

(1) Mr Donald TSANG accepted advantages or extravagant entertainment offered by other persons

(a) Mr Donald TSANG rented a 630m2 odd apartment in East Pacific Garden, Shenzhen at a rate of RMB 800,000 yuan per annum. The owner of the apartment provided the renovation, and the renovation costs are reportedly about RMB 3,000,000 yuan; and

(b) Mr Donald TSANG and his wife accepted extravagant entertainment offered by other persons on several occasions, including:

(i) on their trips to Macao in April 2011 and February 2012, stayed on board the private yacht of other person and returned from Macao to Hong Kong on it, paying only about HK$500 on each occasion (amount corresponding to two tickets of one‐way Macao‐to‐Hong Kong commercial ferry ride); and

(ii) in February 2012, travelled to Phuket, Thailand and back to Hong Kong in a private jet of other person and stayed on board the private yacht of other person in Phuket, paying only about HK$5,900 (amount corresponding to two round-trip economy class flight tickets between Hong Kong and Phuket).

(2) Mr Donald TSANG did not make any declaration during meetings of the Executive Council at which items relating to businesses operated by the persons who offered the aforesaid advantages or entertainment were discussed

According to the reply by the Secretary for Constitutional and Mainland Affairs to Members' questions at the Legislative Council meeting of 29 February 2012, Mr Donald TSANG did not make any declaration of his acceptance of advantages referred to in item (1)(a) or his acceptance of entertainment referred to in item (1)(b) during meetings of the Executive Council. Mr TSANG did not make any declaration when the Executive Council deliberated on the issues of the licence of the Digital Broadcasting Corporation Hong Kong Limited ("DBC"), and the owner of the apartment referred to in item (1)(a) is a shareholder of DBC.

(3) Mr Donald TSANG failed to formulate credible rules governing the Chief Executive's acceptance of advantages or entertainment

It has been reported that Mr Donald TSANG himself formulated internal rules governing the Chief Executive's acceptance of advantages or entertainment; however, the Chief Executive's Office does not have any formal record of the above rules, and the standard claimed is much lower than that for civil servants.

Public Officers to attend : The Chief Secretary for Administration
Secretary for Constitutional and Mainland Affairs


(Members' motions scheduled to be dealt with at this Council meeting)

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

Hon TAM Yiu-chung to move the following motion:

Resolved
that the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region be amended as set out in the Schedule on the day when the 2012-2013 session of the Council begins.

Schedule

Amendments to Rules of Procedure of the Legislative Council
of the Hong Kong Special Administrative Region


1. Rule 23 amended (question time)
(1) Rule 23(2) –
Repeal
"20"
Substitute "23".
(2) Rule 23(3) –
Repeal
"6"
Substitute
"7".

(Members' motions originally scheduled to be dealt with at the last Council meeting)

3. The 4 June incident

Hon LEE Cheuk-yan to move the following motion:
(Translation)

That this Council urges that: the 4 June incident be not forgotten and the 1989 pro-democracy movement be vindicated.

Amendment to the motion
Hon WONG Yuk-man to move the following amendment:
(Translation)

To delete "incident" after "the 4 June" and substitute with "tragedy"; to delete "and" after "forgotten" and substitute with ", pro-democracy figures be released,"; and to add ", the responsibility for the massacre be ascertained, one-party dictatorship be ended and a democratic China be built" immediately before the full stop.

4. Actively studying the establishment of a middle class commission

Hon Miriam LAU to move the following motion:
(Translation)

That, given that the global and Hong Kong economies are still facing extremely unclear risks, while the middle-class people are plagued by problems such as Hong Kong's single-direction development of industries, etc., and have experienced quite a number of bottlenecks in their career development and are burdened with heavy pressure in the areas of healthcare, education, taxation and housing, etc.; as shown by the latest statistics of an organization, the number of middle-class people seeking counselling has increased by about 30% when compared with the number some one year ago, and some people even describe themselves as the poor middle class, thus showing that the plight of the middle class has been neglected; in this connection, this Council urges the Government to actively study the establishment of a middle class commission, comprehensively review the policies and measures relating to the middle class, put forward concrete and comprehensive corresponding strategies in a focused manner to assist middle-class families in alleviating their burdens and facilitating their personal career development, so as to boost upward social mobility in the overall community; the relevant measures should include:

Career development -

(a)to adopt a multi-pronged approach to promote diversified development of industries in Hong Kong, so as to create more jobs at the middle and senior levels as well as business start-up opportunities in various industries and professions;

(b)to further strengthen regional economic development to form an economic development circle with different regions on the Mainland, etc. so as to provide more and better career development opportunities for middle-class professionals;

Housing difficulties -

(c)to increase land supply to ease property prices and launch more 'no-frills' small and medium sized flats, including 'flats with limited floor area' for Hong Kong people who are first-time home buyers, so as to alleviate the plight of marginal middle-class people in acquiring their own homes;

(d)to relax the eligibility criteria for purchasing flats in the Home Ownership Scheme secondary market, thereby enabling eligible white form applicants to make purchases;

(e)to introduce a tax allowance for rentals for marginal middle-class people;

(f)to further extend the entitlement period for deduction for home loan interest;

Taxation burden -

(g)to adjust salaries tax downwards, in particular widening tax bands for salaries tax and lowering the marginal rate, so as to vigorously alleviate the burden of marginal middle-class people;

(h)to relax the restrictions on the dependent parent or dependent grandparent allowance by relaxing the eligibility requirement from living in the same unit to living in the same housing estate;

Education and self-education -

(i)to completely abolish the restrictions on kindergarten vouchers, so as to reduce children education expenses of middle-class families;

(j)to introduce a children's education allowance, so as to alleviate the burden of children education expenses of the middle class;

(k)to substantially increase the salaries tax deduction for self-education expenses and the subsidy under the Continuing Education Fund;

Healthcare -

(l)to expeditiously and properly tackle the problem of 'doubly non-permanent resident pregnant women', and ensure that local pregnant women have priority in receiving confinement service in both public and private hospitals;

(m)to provide tax deduction for medical insurance contributions;

(n)to provide tax deduction for medical examinations, so as to encourage people to undergo such examinations on a regular basis; and

Legal aid -

(o)to further lower the threshold of the Supplementary Legal Aid Scheme, so as to assist more needy middle-class people in safeguarding their legitimate rights and interests by law.

Amendment to the motion
Hon Alan LEONG to move the following amendment:
(Translation)

To delete "given that" after "That," and substitute with "as"; to add "(c) to optimize the use of government land resources and increase land supply, so as to alleviate the pressure of shop rents on business operations for middle-class people;" after "middle-class professionals;"; to delete the original "(c)" and substitute with "(d)"; to delete the original "(d)" and substitute with "(e)"; to delete the original "(e)" and substitute with "(f)"; to delete the original "(f)" and substitute with "(g)"; to delete the original "(g)" and substitute with "(h)"; to delete the original "(h)" and substitute with "(i)"; to delete the original "(i)" and substitute with "(j)"; to delete the original "(j)" and substitute with "(k)"; to delete the original "(k)" and substitute with "(l)"; to delete the original "(l)" and substitute with "(m)"; to delete "and ensure that" after "resident pregnant women'," and substitute with "including ensuring a 'zero' delivery quota for 'doubly non-permanent resident pregnant women' in public and private hospitals in 2013, enabling"; to delete "have priority in receiving" after "local pregnant women" and substitute with "and mainland pregnant women with Hong Kong husbands to be given priority in receiving"; to add "; strengthening the effort to combat agencies and hostels for pregnant women; in accordance with Article 22 of the Basic Law, advising the Central Government to suspend the vetting and approving entry into Hong Kong of 'doubly non-permanent resident pregnant women' from the Mainland; and amending the Basic Law when necessary, so that babies born to 'doubly non-permanent resident pregnant women' will not be entitled to the right of abode in Hong Kong;" after "private hospitals"; to delete the original "(m)" and substitute with "(n)"; to delete the original "(n)" and substitute with "(o)"; to delete "and" after "regular basis;"; to delete the original "(o)" and substitute with "(p)"; and to add "; and The elderly - (q) to allocate funding for establishing a seed fund for universal retirement protection, so as to provide all elderly people with pensions and alleviate the financial burden of middle-class families" immediately before the full stop.

Amendment to Hon Alan LEONG's amendment
Hon Starry LEE to move the following amendment:
(Translation)

To delete "in accordance with Article 22 of the Basic Law, advising the Central Government to suspend the vetting and approving entry into Hong Kong of 'doubly non-permanent resident pregnant women' from the Mainland; and amending the Basic Law when necessary" after "hostels for pregnant women;" and substitute with "stepping up law enforcement and enhancing entry restrictions to comprehensively block the entry of 'doubly non-permanent resident pregnant women', and making use of legal channels"; to delete "allocate funding for" after "(q) to" and substitute with "study"; to delete "seed fund for" after "establishing a"; and to add "scheme" after "retirement protection".

Public Officers to attend : Secretary for Education
Secretary for Financial Services and the Treasury
Secretary for Development


5. Caring about the education, employment and housing problems faced by young people

Hon CHAN Hak-kan to move the following motion:
(Translation)

That young people are the future pillars of society, but in the face of globalization and the rapid development of neighbouring places, Hong Kong young people not only face many challenges during their growth, but also lack upward mobility opportunities, and this is especially highlighted in their education, employment and housing aspirations; however, the Government has all along failed to formulate any support measures with young people as the main targets; in this connection, this Council urges the Government to care about young people's needs, and assist them in concentrating on their education, establishing their career and resolving their housing needs; specific measures should include:

Education -

(a)to enhance the qualification recognition of the Hong Kong Diploma of Secondary Education Examination, sub-degrees and the new Yi Jin Diploma in Hong Kong, the Mainland and the international community, so as to widen young people's pathways of further studies;

(b)to dovetail with the concept of promoting students' whole-person development under the new academic structure by introducing an extra-curricular activities allowance for students to subsidize their participation in extra-curricular activities;

(c)to promote the commencement of 'career planning' at the stage of secondary education, so as to enable secondary students to make better planning for their future career development;

Employment -

(d)to review the planning of employment training support services for young people, enhance the existing Youth Pre-employment Training Programme and Youth Work Experience and Training Scheme, and raise the level of the relevant subsidies, so as to attract the participation of more employers to provide more employment and training opportunities in the market which are suitable for young people;

(e)to set up more 'Youth Employment Start' ('Y.E.S') resource centres throughout Hong Kong, strengthen the training programmes targeted at young people, enhance their employment skills, and provide one-stop employment counselling;

(f)focusing on the development of the six industries and creative industries, to enhance training and provide better support to help young people join the relevant industries;

Housing -

(g)to relax the existing eligibility criteria for applying for public rental housing, and address low-income young people's housing needs;

(h)to allow eligible white form applicants to purchase Home Ownership Scheme flats without having to pay the premium, so as to assist young people in accessing the home acquisition ladder; and

(i)focusing on young people with relatively stable financial income, to study re-launching the Home Starter Loan Scheme.

Amendments to the motion
(i) Hon Audrey EU to move the following amendment: (Translation)

To add "the SAR Government has all along lacked a comprehensive youth policy, and" after "That"; to delete "and" after "young people's needs,"; to add ", and promote young people's social participation" after "their housing needs"; to add "(e) to further increase the places for publicly-funded bachelor's degree programmes; (f) to review the financial assistance and loan system for students, alleviate the financial burden of young people after their graduation, and implement the abolition of the risk rate of the non-means-tested loan scheme;" after "career development;"; to delete the original "(d)" and substitute with "(g)"; to delete the original "(e)" and substitute with "(h)"; to delete the original "(f)" and substitute with "(i)"; to delete the original "(g)" and substitute with "(j)"; to delete ", and" after "rental housing" and substitute with "('PRH'),"; to add ", and review the existing allocation system for single-person PRH units" after "people's housing needs"; to delete the original "(h)" and substitute with "(k)"; to delete "and" after "ladder;"; to delete the original "(i)" and substitute with "(l)"; and to add "; Social participation - (m) to review the existing composition and functions of the Commission on Youth; (n) to convene youth summits and related local forums on youth issues annually, and promote young people's participation in such summits and forums; and (o) to increase the ratio of youth participation in various statutory and advisory bodies, and set specific targets accordingly" immediately before the full stop.

(ii) Hon IP Wai-ming to move the following amendment: (Translation)

To add ", as we all know," after "That"; to add "(d) to strengthen vocational education for students of post-secondary and tertiary institutions, so that young people can get an early grasp of the objectives concerning career prospects, and lay a good foundation for upward mobility; (e) to increase the number of internship places in Hong Kong and overseas for students of the various tertiary institutions; (f) to comprehensively review the assistance as well as loans and repayment arrangements under the various existing student finance schemes, including abolishing the risk rate; significantly lower the interest rates of all loan schemes for tertiary students and waive the interest accrued during students' study periods under the Non-means-tested Loan Scheme; change the situation where interest rates of student loans are higher than those of bank mortgages; allow tax deduction on repayment amounts of university education loans; study the feasibility of allowing local students to apply for student loans for pursuing further education overseas; and increase the grant amounts for tertiary students; (g) to comprehensively review the Continuing Education Fund Scheme, including raising the cap on the amount of subsidy receivable by each applicant and extending the period of four years within which applicants must submit all claims as required by the Continuing Education Fund, etc., so as to encourage young people to pursue continuous education; (h) to strengthen the manning ratio of student guidance personnel in secondary schools and tertiary institutions, so as to assist young people in facing problems related to education, family, friends and career prospects, etc.;" after "career development;"; to delete the original "(d)" and substitute with "(i)"; to delete the original "(e)" and substitute with "(j)"; to delete the original "(f)" and substitute with "(k)"; to delete "focusing on the development of the six industries" before "and creative industries," and substitute with "to expedite the upgrading of the four pillar industries, and promote the development of the six industries with competitive edge"; to add "(l) to enhance the applicability and effectiveness of the training and employment support structure for young people, and assist young people in joining industries which need new blood, such as construction industry, transport industry and shipping industry; (m) to motivate employers to provide employees with 'training leave', including offering tax concessions to such employers, so as to facilitate working young people to pursue studies, revise their lessons and acquire professional qualifications by examination; (n) to co-operate with organizations and enterprises in the public and private sectors to encourage the employment of young people with less working experience and share with them the associated salary payments, so as to enhance young people's chances of securing employment; (o) to proactively approach young people who have remained jobless for a long time and hidden youths, so as to provide career counselling and support to them; (p) to proactively develop apprenticeship programmes, including expanding the scope of industries covered by the apprenticeship system, so as to give young people a chance to practise while learning and provide them with a career ladder; (q) to establish a start-up fund for young people and provide business start-up advice and loans, so as to assist young people in devising their business start-up plans and further practice; (r) to subsidize young people from low-income families to attend self-enrichment courses, so as to enhance their competitiveness in choosing their own careers;" after "relevant industries;"; to delete the original "(g)" and substitute with "(s)"; to delete "relax" before "the existing eligibility" and substitute with "review"; to delete ", and address low-income young people's housing needs;" after "public rental housing" and substitute with "('PRH'), including studying the reasons for young people to apply for PRH as well as the required waiting time and allocation situation, so as to formulate a more reasonable and fairer method for waiting for and allocation of PRH for young people, and also putting forward measures, such as raising the household income ceiling, to encourage young people to live with their parents; (t) to increase the annual PRH production to 30 000 units or more, including resuming the construction of Group B PRH for renting by eligible young people subject to time limits, so as to address low-income young people's housing needs;"; to delete the original "(h)" and substitute with "(u)"; to add "and eligible persons currently waiting for PRH allocation" after "white form applicants"; and to delete the original "(i)" and substitute with "(v)".

(iii) Hon WONG Sing-chi to move the following amendment: (Translation)

To add "can make great contributions to society, and they" after "That young people"; to add "increase the places for publicly-funded bachelor's degree and various types of diploma programmes, allocate more resources for providing relevant financial subsidies, and formulate a comprehensive education and training policy for young people," after "international community,"; to add "(d) to advocate family-friendly policies, assist students' parents in understanding more deeply and caring about the needs of young people during their growth, provide adequate social workers for schools, families and the community, assist young people in facing the pressure from learning and life, and strengthen the healthy life development of young people;" after "career development;"; to delete the original "(d)" and substitute with "(e)"; to delete the original "(e)" and substitute with "(f)"; to delete the original "(f)" and substitute with "(g)"; to add "(h) to formulate a comprehensive employment and training policy for young people, co-ordinate the various existing youth employment training programmes, review the recognition of the various programmes, actual employment rates and the problem of job matching, assist young people in entering the labour market, including providing internship places to secondary school leavers to enhance their competitiveness; (i) to create the posts of junior attendant at tourism spots to provide employment opportunities for unemployed young people;" after "relevant industries;"; to delete the original "(g)" and substitute with "(j)"; to add "build more public rental housing flats," before "relax"; to delete the original "(h)" and substitute with "(k)"; to add "in the secondary market" after "Ownership Scheme flats"; to delete "and" after "ladder;"; to delete the original "(i)" and substitute with "(l)"; and to add "on the premise of having an adequate supply of private housing; (m) to re-launch the Sale of Flats to Sitting Tenants Scheme, so that young people can live together with their parents without being subject to means test; and (n) to assist non-government organizations in providing hostels for youths, so as to offer hostel places to young people at relatively inexpensive rents" immediately before the full stop.

Public Officers to attend : Secretary for Education
Secretary for Labour and Welfare
Secretary for Transport and Housing


6. Opposing Hong Kong communists ruling Hong Kong

Hon Albert CHAN to move the following motion:
(Translation)

That this Council expresses deep resentment at the direct interference of the Communist Party of China in the 2012 Chief Executive Election, which ruins 'one country, two systems'; as the Chief Executive Election was conducted under the interference and manipulation of the Communist Party of China, this Council does not accept, recognize and agree to the result of the 2012 Chief Executive Election; in this connection, this Council requests the immediate implementation of universal suffrage for returning the Chief Executive and all Legislative Council seats, and calls upon Hong Kong people to resort to confrontational means to resist Hong Kong communists ruling Hong Kong.

Public Officer to attend : Secretary for Constitutional and Mainland Affairs

7. Enhancing the accountability of charities and complying with the best practices in corporate governance

Hon Paul CHAN to move the following motion:
(Translation)

That the Charities Sub-committee under the Law Reform Commission of Hong Kong is still collating public submissions after completing its public consultation on the consultation paper on charities in end October last year, and at present, except for those charities that are incorporated as companies limited by guarantee with the Company Registry whose financial statements are accessible by the public in the Company Registry, the public has no way to know about the governance and financial information of all other charities, such as those established by way of trust; moreover, currently, except for section 88 of the Inland Revenue Ordinance, in which 'charitable purpose' is defined for the purpose of taxation, there is no other legislation regulating charities and how they use the donations, nor does the Administration have the figures regarding charities established; over the past few years, some suspected cases of charities with strange fund-raising practices, unclear accounts, indiscriminate investments and even transfer of surpluses have been uncovered in society, making the public worry that donations to charities may not be serving charitable purposes; in this connection, this Council urges the Government to expeditiously release to the public the findings of the public consultation on the consultation paper on charities, and before statutory regulation is introduced, consider enhancing the transparency and accountability of charities by adopting measures such as encouraging them to comply with the best practices in corporate governance, strengthen their financial management, and disclose their financial information on a regular basis; at the same time, the Government should expeditiously implement the statutory regulatory proposals in the consultation paper on charities which are generally agreed by the community.

Amendments to the motion
(i) Hon James TO to move the following amendment: (Translation)

To add ", as" after "That"; to add "many community organizations and members of the public have expressed worry that the activities of charities with different views may be restricted;" after "last year,"; to add ", as well as maintain the autonomy of their organizations" after "basis"; to delete "expeditiously implement" after "the Government should" and substitute with "carefully consider all"; and to delete "which are generally agreed by the community" immediately before the full stop.

(ii) Hon Alan LEONG to move the following amendment: (Translation)

To add ", given that" after "That"; to delete "before statutory regulation is introduced, consider enhancing the transparency and accountability of charities by adopting measures such as encouraging them" after "on charities, and" and substitute with "encourage charities"; to delete "," after "management"; to add ", so as to enhance their transparency and accountability" after "basis"; and to delete "should expeditiously implement the statutory regulatory proposals in the consultation paper on charities which are generally agreed by the community" immediately before the full stop and substitute with "must ensure that human rights and advocacy of policies are included as charitable purposes, and should also ensure that charities can maintain autonomy and are free from any political interference".

(iii) Hon CHEUNG Kwok-che to move the following amendment: (Translation)

To add "besides, some people worry that the power of the charity commission mentioned in the consultation paper on charities is too great, which may lead to self-censorship on the part of charities dedicated to empowering the socially disadvantaged and charities which are concerned about such sensitive issues as human rights; at the same time, some social workers are concerned about a proposal in the consultation paper on charities that 'an activity to preserve an existing piece of legislation, where a charity opposes its being repealed or amended, would fall under "political activity"', not to be regarded as dedicated to a charitable purpose, and the proposal runs counter to clause 50 of the Code of Practice for Registered Social Workers, which provides that 'Social workers recognise the need to advocate changes in the formulation of policies and legislation to improve social conditions, to promote social justice and general welfare of the society. Social workers also recognise the need to contribute to the implementation of policies for human welfare'; they consider that the proposal will make social workers of charities act against professional ethics, and render organizations within the definition of 'charity' unable to employ professional social workers any more;" after "charitable purposes;"; to add ": (a)" after "the Government to"; to delete ", and" after "the public consultation on the consultation paper on charities" and substitute with "; (b)"; to add "first" after "introduced,"; to delete "at the same time, the Government should" after "basis;" and substitute with "(c) motivate the public to continue to hold discussions on monitoring charities and their fund-raising practices, and listen to the views of the public and stakeholders; and (d)"; and to add ", and prudently handle the controversial items in the paper, so as to ensure that while undesirable fund-raising practices are effectively monitored, charities dedicated to empowering the socially disadvantaged and charities which are concerned about such sensitive issues as human rights will not be subject to political vetting" immediately before the full stop.

Public Officer to attend : Secretary for Home Affairs

8. Promoting family harmony

Hon Starry LEE to move the following motion:
(Translation)

That, as social problems such as the rising divorce rate, family tragedies, child abuse and neglect of children, as well as compensated dating and drug abuse among young people still occur from time to time in Hong Kong, reflecting that at present some families lack cohesion and mutual love, this Council urges the Government to make stronger efforts in promoting family-friendly policies and enhancing the resilience of families and individuals against adversities, so as to achieve family harmony and promote social inclusion; the proposed measures include:

(a)introducing an assessment system regarding the impact of public policies on families to assess the impact of existing social policies, legislation and measures on families, with a view to making relevant improvements;

(b)providing more support services to dual-income parents, including expanding community childminding services, increasing the childminding places in various districts and providing flexible childminding service hours, etc.; developing after-school remedial centres so that children of dual-income parents can receive appropriate care after school;

(c)promoting public and private organizations to implement family-friendly employment policies more proactively for creating a family-friendly working environment, including encouraging organizations to provide staff with child care services and implementing flexible working hours, as well as implementing a flexible leave policy which provides special paid leave for employees such as wedding leave, paternity leave, study leave, compassionate leave, etc., when they encounter major family events;

(d)including all general holidays other than Sundays as paid statutory holidays through a progressive approach of employer-employee negotiation; and promoting 'International Day of Families' to call on the community to cherish the value of family;

(e)promoting a housing policy which fosters mutual care between the elderly and the young and encouraging the inclusion of residential complementary facilities suitable for both the elderly and the young in the designs of private and public housing; as well as improving community facilities to provide families with more room for parent-child activities;

(f)actively stepping up publicity on positive family education on parenting, child duties and ethics, as well as promoting family education through community service organizations, schools and the media, etc.;

(g)allocating more resources for strengthening various promotional activities and research work of the Family Council;

(h)alleviating the financial burden on families in Hong Kong by offering tax concessions and subsidizing pre-primary education across the board; and

(i)enhancing social welfare services to provide appropriate support to families in crisis.

Amendments to the motion
(i) Hon WONG Sing-chi to move the following amendment: (Translation)

To delete "as" after "That," and substitute with "given that"; to delete "paternity leave" after "as wedding leave,"; to add "and introducing statutory paternity leave for male employees, so that husbands can enjoy paid leave to help take care of their wives and newborn babies;" after "family events;"; to add "(e) legislating for setting the number of standard working hours at 44 per week and the payment of compensation for overtime work, and assisting Hong Kong people in having an ideal mode of living, with their time evenly distributed among work, rest and leisure activities so as to achieve balanced development in different areas;" after "value of family;"; to delete the original "(e)" and substitute with "(f)"; to add "(g) constructing additional small and large sized public rental housing ('PRH') flats, resuming the Sale of Flats to Sitting Tenants Scheme, allowing eligible white form Home Ownership Scheme ('HOS') household applicants to purchase HOS flats in the secondary market without having to pay the premium, reviewing the allocation and eligibility criteria of PRH to provide affordable and appropriate residential premises to families in need, and encouraging young families to live close to their elderly family members to facilitate their mutual care, strengthen the family support network and promote family harmony and integration;" after "parent-child activities;"; to delete the original "(f)" and substitute with "(h)"; to delete the original "(g)" and substitute with "(i)"; to delete the original "(h)" and substitute with "(j)"; to delete "subsidizing" after "tax concessions and" and substitute with "providing 15-year free education covering"; to delete "across the board; and" after "pre-primary education" and substitute with ";"; to delete the original "(i)" and substitute with "(k)"; and to add "; (l) amending legislation and strengthening support to handle domestic violence, stepping up publicity and training to deepen the understanding and alertness of frontline staff (such as social workers, police officers, as well as education and healthcare personnel, etc.) in relation to the problem of domestic violence, and intervening in a timely manner to help curb domestic violence; (m) setting up a multi-disciplinary mechanism for reviewing family tragedy cases to draw lessons from them, so as to improve the service system and its effectiveness, and assist affected families in restoring a harmonious family life; and (n) strengthening work in family education with a view to reducing marital problems, including incorporating family life education into the secondary education curriculum; providing pre-marital family education services, and strengthening family life education through the media, etc" immediately before the full stop.

(ii) Dr Hon PAN Pey-chyou to move the following amendment: (Translation)

To delete "as" after "That," and substitute with "given that in recent years,"; to add "(c) relaxing the eligibility criteria of the Work Incentive Transport Subsidy Scheme, expeditiously implementing a dual-track approach to allow applicants to calculate their incomes and assets on either a household or individual basis, so as to prevent family harmony from being affected by disputes and ill feeling arising from family members' unwillingness to disclose their asset and income information;" after "care after school;"; to delete the original "(c)" and substitute with "(d)"; to add "at the same time, increasing paid maternity leave and providing a period of postnatal employment protection to strengthen the protection for women against unreasonable dismissal after delivery;" after "family events;"; to delete the original "(d)" and substitute with "(e)"; to delete "including all general holidays other than Sundays as paid statutory holidays through a progressive approach of employer-employee negotiation" before "; and promoting 'International Day of Families'" and substitute with "amending the Employment Ordinance to increase the number of statutory holidays to put them on a par with the 17 days of general holidays and at the same time requiring employers to raise the compensation to employees for working on holidays"; to add "(f) caring about the situation of employees' overtime work and expeditiously legislating for standard working hours to ensure that employees can strike a reasonable balance on their work and family life, so as to foster mutual love among family members;" after "value of family;"; to delete the original "(e)" and substitute with "(g)"; to delete the original "(f)" and substitute with "(h)"; to delete the original "(g)" and substitute with "(i)"; to delete the original "(h)" and substitute with "(j)"; and to delete the original "(i)" and substitute with "(k)".

(iii) Hon Ronny TONG to move the following amendment: (Translation)

To add "economic instability makes people's life more stressful, with the result that" after "That, as"; to delete "and" after "across the board;"; and to add "; (j) flexibly handling applications under the Harmonious Families Priority Scheme to allow more families which are willing to take care of their elderly family members to receive housing allocation expeditiously, so as to achieve the policy objective of enhancing home and community care; and (k) abolishing the requirement for the submission of a 'declaration of not providing support to parents' (commonly known as a 'bad son statement') as a prerequisite for applying for Comprehensive Social Security Assistance for the elderly, so that elderly persons and the family members living with them can be spared the embarrassment of a means test, thus realizing the fundamental principle of harmony in families" immediately before the full stop.

(iv) Hon LEE Cheuk-yan to move the following amendment: (Translation)

To delete "implementing a" after "working hours, as well as" and substitute with "legislating for the introduction of"; to delete "policy which provides" after "flexible leave" and substitute with "so as to provide"; to add "legislating for the implementation of standard working hours and" after "(d)"; and to delete "through a progressive approach of employer-employee negotiation" after "statutory holidays".

Public Officers to attend : Secretary for Home Affairs
Secretary for Labour and Welfare


9. Building an inclusive society for all

Hon LEUNG Yiu-chung to move the following motion:
(Translation)

That, although the United Nations Convention on the Rights of Persons with Disabilities ('the Convention') came into force in Hong Kong on 31 August 2008, and the Administration submitted the Initial Report of the Hong Kong Special Administrative Region under the Convention ('the Report') to the United Nations in early 2010, the contents of the Report lack guiding policies on building an inclusive society, and only focus on addressing the needs of persons with disabilities arising from their physical disabilities, instead of assisting persons with disabilities in integrating into society from social and environmental perspectives, this Council expresses its strong dissatisfaction and deep regret in this regard; in this connection, in order to fulfill the obligations under the Convention, this Council urges the Government to implement the following policies and measures:

(a)to expeditiously implement the public transport concessions scheme for the elderly and persons with disabilities ('the scheme') to assist them in integrating into society;

(b)to expand the coverage of the scheme to all holders of the Registration Card for People with Disabilities, and consider providing transport fare concessions to the escorts of persons with disabilities;

(c)to add clauses to the franchise agreements of franchised public transport operators, requiring the offer of fare concessions to the elderly and persons with disabilities as well as the provision of barrier-free ancillary facilities;

(d)to allocate additional resources for increasing the number of barrier-free transportation modes, such as Rehabus and Easy-Access Bus, so as to provide more 'point-to-point' services for persons with disabilities;

(e)to implement the concept of barrier-free access, expeditiously complete the top 10 ranked proposals on the Provision of Hillside Escalator Links and Elevator Systems, and immediately commence feasibility studies on the remaining proposals;

(f)to set up a quota system for employing people with disabilities and provide tax concessions, so as to encourage employers to employ more persons with disabilities;

(g)to provide persons with disabilities with a wage subsidy of no more than 50% of their wages, so that employees with disabilities whose productivity is assessed to be less than 100% may receive wages close to the statutory minimum wage level; and provide an allowance to carers of chronic patients;

(h)to encourage people from the various social sectors to learn sign language, and promote and teach sign language in primary and secondary schools; and expeditiously motivate healthcare personnel to learn sign language to enhance their communications with patients with hearing impairment, so as to enable them to grasp the conditions of patients with hearing impairment and help treating their diseases;

(i)to promote the popularization of sign language, require the provision of sign language interpretation in television news broadcasts and foster a culture of respecting the use of sign language, so as to facilitate persons with hearing impairment in grasping social information; and

(j)to step up consultation with groups for persons with disabilities, so as to make the voices of persons with disabilities heard as well as materialize the integration between the able-bodied and disabled persons.

Amendments to the motion
(i)Hon WONG Kwok-hing to move the following amendment: (Translation)

To delete "although" after "That," and substitute with "even though"; to delete "and" after "2008," and substitute with "the rights and interests of persons with disabilities are not yet under comprehensive protection;"; to add "also" after "Administration"; to add "but" after "2010,"; and to add ", and extend the scheme to cover trams and public light buses, so as" after "('the scheme')".

(ii)Dr Hon PAN Pey-chyou to move the following amendment: (Translation)

To delete "although" after "That," and substitute with "as"; to add "but" after "2010,"; to add "(a) with government departments and public organizations taking the lead to employ more persons with disabilities, so as to assist persons with disabilities in securing employment; (b) to encourage enterprises to provide non-full time posts for persons with disabilities, so as to enable them to progressively adapt to long hours of work; (c) to provide evening consultation services for persons with disabilities in need, including people recovering from mental illness, so that they can spare more time during the day for participating in community activities and integrating into society; (d) to enhance public education to increase people's understanding about persons with disabilities, with a view to eliminating misunderstanding and discrimination;" after "measures:"; to delete the original "(a)" and substitute with "(e)"; to delete the original "(b)" and substitute with "(f)"; to delete the original "(c)" and substitute with "(g)"; to delete the original "(d)" and substitute with "(h)"; to delete the original "(e)" and substitute with "(i)"; to delete the original "(f)" and substitute with "(j)"; to delete the original "(g)" and substitute with "(k)"; to delete the original "(h)" and substitute with "(l)"; to delete the original "(i)" and substitute with "(m)"; and to delete the original "(j)" and substitute with "(n)".

(iii)Hon WONG Sing-chi to move the following amendment: (Translation)

To delete "although" after "That," and substitute with "as"; to add "but" after "2010,"; to add "(h) with government departments, public bodies and subvented organizations taking the lead to set an indicator for hiring persons with disabilities and motivate various organizations to formulate recruitment policy and procedures on hiring of persons with disabilities, so as to enable persons with disabilities to have employment opportunities for giving play to their potentials;" after "chronic patients;"; to delete the original "(h)" and substitute with "(i)"; to delete the original "(i)" and substitute with "(j)"; and to delete the original "(j)" and substitute with "(k)".

(iv)Hon TAM Yiu-chung to move the following amendment: (Translation)

To delete "although" after "That," and substitute with "as"; to add "but" after "2010,"; to delete "and deep regret" after "dissatisfaction"; to add "to enable persons with disabilities to have full participation and enjoy equal opportunities in both social life and personal growth, so as to realize the spirit and core values of the Convention" after "obligations under the Convention"; to add "expeditiously perfect and" after "the Government to"; to add ", and study extending the scheme to green minibuses and trams, etc." after "them in integrating into society"; to delete "commence feasibility studies on the remaining proposals;" after "immediately" and substitute with "respond to and commence feasibility studies on proposals to construct barrier-free access put forward by residents of various districts; (f) to proactively promote barrier-free community facilities, improve community facilities, and provide owners' corporations of buildings with technical and funding support for improving the main entry and exit access of their buildings;"; to delete the original "(f)" and substitute with "(g)"; to add "(h) to proactively support rehabilitation organizations to establish social enterprises, so as to provide employment opportunities for persons with disabilities;" after "more persons with disabilities;"; to delete the original "(g)" and substitute with "(i)"; to delete the original "(h)" and substitute with "(j)"; to delete the original "(i)" and substitute with "(k)"; to delete "and" after "information;"; to delete the original "(j)" and substitute with "(l)"; and to add "; and (m) to promote the creation of new assistance programmes under the Community Care Fund, including subsidizing intermediary institutions to train more guide dogs specially for guiding the way for visually impaired persons so as to improve the daily life of such persons, providing an allowance for adjusting and repairing prostheses of persons with amputated limbs, and subsidizing hearing impaired children of low-income families to purchase hearing aids, etc" immediately before the full stop.

Public Officer to attend : Secretary for Labour and Welfare

10. Perfecting urban management in all districts of Hong Kong

Prof Hon Patrick LAU to move the following motion:
(Translation)

That, given that after the dissolution of the former Urban Council and former Regional Council, the urban management strategies for all districts in Hong Kong have failed to yield satisfactory results, this Council urges the Government to strengthen the powers and functions as well as responsibilities of the District Councils, and formulate a set of comprehensive urban management policies, including:

(a)based on the latest population projections, to plan afresh the community facilities required in the various districts, and resolve, at the district level, the site selection and timetable problems relating to the construction of schools, hospitals, public rental housing, community centres, columbaria, landfills, incinerators and recycling centres, etc.;

(b)to implement the management concept of urban beautification, and perfect the street greening and beautification work; and

(c)dovetailing with harbourfront planning and development, to establish a harbourfront authority for co-ordinating the connective work and management of harbourfronts in all districts of Hong Kong.

Amendments to the motion
(i)Hon CHEUNG Hok-ming to move the following amendment: (Translation)

To delete "given that" after "That," and substitute with "the Census and Statistics Department projects that the population of Hong Kong will continue to grow, but"; to add "to launch thematic district transformation projects with local characteristics in the various districts, such as the Yuen Long Nullah restoration project, the Tuen Mun River Beautification Project, the enhancement of the planning for Tseung Kwan O Town Centre South and the Aberdeen Tourism Project;" after "beautification work;"; and to add "; at the same time, to strive to build a new waterfront promenade in Kowloon linking up Kowloon City, Yau Tsim Mong District as well as Sham Shui Po, and stretching from the West Kowloon Cultural District to Lei Yue Mun, and a new waterfront promenade on Hong Kong Island linking up Central and Western District, Wan Chai District as well as Eastern District, and stretching from Western District to Chai Wan, so that the new waterfront promenades on both sides of the Victoria Harbour will form a world-class 'Victoria Harbour waterfront corridor'" immediately before the full stop.

(ii)Hon LEE Wing-tat to move the following amendment: (Translation)

To delete "resolve, at the district level," after "various districts, and" and substitute with "strengthen the co-ordination and negotiations among the various policy bureaux and District Councils to resolve".

Public Officers to attend : Secretary for Home Affairs
Secretary for Development


11. Promoting animal rights and interests

Hon Fred LI to move the following motion:
(Translation)

That, as Hong Kong society attaches increasing importance to animal rights and interests, and in order to motivate people to treat animals well and live in harmony with animals in the community, reduce at source the number of stray animals in the community, and effectively combat crimes of animal cruelty, this Council urges the Government to:

(a)strengthen co-operation with District Councils to promote the 'Trap-Neuter-Return' programme on a trial basis, and following the success of the trial programme, implement the programme in all districts of Hong Kong;

(b)expedite the implementation of the various proposed measures for regulating the pet trade, including introducing Home Animal Breeder Permit and Commercial Animal Breeder Permit, substantially raising the maximum fine for illegal trading of animals to $100,000 and increasing the fine for breaching of licensing conditions to $50,000; and

(c)establish specialist 'animal police' teams in the Hong Kong Police Force to replace the existing 'Animal Watch Scheme', whose responsibilities include conducting specially tasked investigations into all animal cruelty cases, as well as undertaking publicity and education to make the public aware that cruelty to animals are illegal acts.

Amendments to the motion
(i)Hon CHAN Hak-kan to move the following amendment: (Translation)

To delete ", as Hong Kong society" after "That" and substitute with "the keeping of pets among Hong Kong people has become increasingly common, and our society also"; to delete ", and" after "interests" and substitute with ";"; to add "(a) establish 'animal police' teams specially tasked to investigate cases of animal cruelty and abandonment, enhance the training of frontline enforcement officers on handling cases of animal cruelty and their awareness of such cases, and set up a 'dedicated hotline for reporting animal cruelty', with a view to curbing the situation of animal cruelty and abandonment from becoming prevalent; (b) by making reference to the present animal protection legislation in developed places, review and amend the existing Prevention of Cruelty to Animals Ordinance for the purpose of catching up with international standards, and classify the intentional abandonment of animals as animal cruelty, as well as explore the provision of compulsory psychological counselling and courses on animal protection to convicted persons; (c) request the Department of Justice to pay close attention to the sentencing for cases of animal cruelty, and where sentencing for the cases concerned cannot fully reflect their seriousness, seek sentencing guidelines by applying for reviews of sentences to the relevant courts, so as to truly reflect the social concern about offences of animal cruelty;" after "the Government to:"; to delete the original "(a)" and substitute with "(d)"; to add "and animal rights organizations" after "District Councils"; to delete ";" after "of Hong Kong" and substitute with ", and use humane means to deal with the problem of stray cats and dogs; (e) provide subsidy to the public for neutering their pets, and train more veterinary health care personnel to meet the social demand for the services concerned; (f) improve the hygiene conditions in the animal management centres under the Agriculture, Fisheries and Conservation Department and enhance the transparency of stray animal management by allowing Members and animal rights organizations to conduct regular inspections, increase the number of qualified animal adoption organizations and expand the scope of animals for adoption to reptiles and amphibians, so as to facilitate the adoption of animals by a greater number of people and organizations;"; to delete the original "(b)" and substitute with "(g)"; to delete "and" after "$50,000;" and substitute with "(h) enhance people's understanding of endangered animals and relevant regulatory systems, and require that animal traders must provide appropriate labels for identifying endangered species, as well as provide buyers with points to note on keeping endangered species, with a view to strengthening the management of endangered animals;"; to delete the original "(c)" and substitute with "(i)"; to delete "establish specialist 'animal police' teams in the Hong Kong Police Force to replace the existing 'Animal Watch Scheme', whose responsibilities include conducting specially tasked investigations into all animal cruelty cases, as well as undertaking" before "publicity" and substitute with "set up an 'animal protection fund', so that organizations can make applications for organizing more animal welfare activities, and undertake"; and to add "and learn to be a responsible pet owner; (j) introduce appropriate measures, including identifying sites for constructing more parks for pets, and exploring the opening of various recreational venues such as parks and beaches partially or at specific time slots, so that members of the public can bring in their pets; (k) actively identify suitable locations for the provision of public toilets for dogs, increase the number of dog excreta collection bins on street side, and step up the frequency of cleaning and washing, with a view to improving environmental hygiene; and (l) explore the regulation of hospice service for animals through licensing" immediately before the full stop.

(ii)Hon Albert HO to move the following amendment: (Translation)

To delete ", as Hong Kong" after "That" and substitute with "Hong Kong is a civilized cosmopolitan city, and the local"; and to delete "implement" after "trial programme," and substitute with "openly invite various organizations through the Agriculture, Fisheries and Conservation Department to apply for implementing".

Public Officer to attend : Secretary for Food and Health

12. Expeditiously implementing the formulation of standard working hours

Hon IP Wai-ming to move the following motion:
(Translation)

That, given that minimum wage and standard working hours must complement each other in order to be able to maximize the effect of protecting grassroots workers and facilitating Hong Kong's economic development, this Council urges the current-term and next-term SAR Governments to, having regard to the well-being of employees at large, spare no efforts in making preparations for enacting legislation on standard working hours and expeditiously implement the relevant tasks, including:

(a)to set a deadline and timetable for conducting studies on regulating working hours;

(b)to establish a 'study group on legislating for standard working hours' comprising representatives of the Government, employees and employers, and academics to follow up the relevant issues;

(c)to regularly hold discussions in the Panel on Manpower of the Legislative Council and report the progress to the Labour Advisory Board, so as to strengthen the Legislative Council's function of monitoring the Government on the one hand, and increase the transparency of the relevant work on the other, so as to enable the public and the labour sector to know the progress of the studies;

(d)to proactively ascertain the views of the trade unions of various industries and the relevant stakeholders on standard working hours; and

(e)to increase the public's knowledge and understanding of standard working hours through various forms of publicity and education.

Amendments to the motion
(i)Hon WONG Sing-chi to move the following amendment: (Translation)

To delete "given that" after "That" and substitute with "minimum wage has been implemented for one year or so, the grass-root workers' living has improved but the working hours of some workers are too long, so"; to delete "and" after "stakeholders on standard working hours;"; and to add "; and (f) to expeditiously implement more family-friendly policies to dovetail with the formulation of standard working hours, so as to help employees give equal attention to their families, relieve their pressure, and also boost their work efficiency and morale" immediately before the full stop.

(ii)Hon LEE Cheuk-yan to move the following amendment: (Translation)

To delete "to," after "SAR Governments" and substitute with "not to waste any more time, and"; to delete "spare no efforts in making preparations for enacting" after "employees at large," and substitute with "to expeditiously enact"; to delete "expeditiously implement the relevant tasks" after "legislation on standard working hours and" and substitute with "immediately commence preparation for the legislative work"; to delete "deadline and" after "to set a" and substitute with "legislative"; to delete "conducting studies on" after "timetable for"; to delete "follow up the relevant issues" after "and academics to" and substitute with "finalize the details of the bill on regulating working hours"; to delete "studies" after "know the progress of the" and substitute with "legislative work"; to delete "standard" after "stakeholders on" and substitute with "the details of the bill on regulating"; and to delete "standard" after "understanding of" and substitute with "the details of the bill on regulating".

Public Officer to attend : Secretary for Labour and Welfare

13. Report of the Subcommittee on Retirement Protection

Hon CHEUNG Kwok-che to move the following motion:
(Translation)

That this Council notes the Report of the Subcommittee on Retirement Protection.

Public Officers to attend : Secretary for Labour and Welfare
Secretary for Financial Services and the Treasury


14. Reviewing the definition of and the support measures for small and medium-sized enterprises and micro-enterprises

Dr Hon LAM Tai-fai to move the following motion:
(Translation)

That, as the European debt crisis is getting worse recently, which may affect the European and even the global economies, coupled with the fact that the United States economy has yet to bottom out and the Mainland economic growth is slowing down, Hong Kong as a small and open economy can hardly remain unaffected, with its export and re-export trades bearing the brunt; internally, the continuous soaring of property prices also poses potential threats to Hong Kong's economy and society; amid the many uncertainties and crises, it is expected that small and medium-sized enterprises ('SMEs') in Hong Kong will face an unstable and difficult business environment; in this connection, this Council urges the Government to plan ahead and roll out appropriate contingency measures to assist SMEs in coping with the challenges and riding out the plight; besides, the Government should review the current definition of SMEs, draw up afresh the definitions of SMEs and micro-enterprises having regard to the actual market conditions with a view to formulating dedicated support policies and measures which are geared to their actual needs, study introducing different levels of profit tax rates for micro-enterprises, SMEs and large enterprises, and set a tax rate lower than the existing level and offer more tax concessions for the former two, so as to support their sustainable operation and healthy development.

Public Officer to attend : Secretary for Commerce and Economic Development

15. Report of the Subcommittee

Ir Dr Hon Raymond HO to move the following motion:
(Translation)

That this Council notes the Report of the Subcommittee to Study Issues Arising from Lehman Brothers-related Minibonds and Structured Financial Products.

Public Officer to attend : Secretary for Financial Services and the Treasury

16. Maintaining a business-friendly environment in Hong Kong

Hon Jeffrey LAM to move the following motion:
(Translation)

That, given the recent instability of the global economic environment, the worsening trend of the European debt crisis and the slackening of the Mainland's economic development, and under the situation of the ongoing transition from the current-term Government to the next-term Government in Hong Kong, this Council urges that:

(a)the Administration should closely monitor the external economic situation and devise contingency plans for coping with external impact, so as to maintain the stability of Hong Kong's investment market and overall economy as well as to avoid any external impact on Hong Kong's economy at the time of governmental transition;

(b)given that Hong Kong's economic outlook in the second half of this year is not optimistic, and even the current-term Financial Secretary has foretold that an economic growth of 3% cannot be maintained, the current-term Government should formulate corresponding measures straddling the transition to the next-term Government for coping with Hong Kong's economic slowdown and fluctuations in the property market; and

(c)the next-term Government should examine the impact of such policies as the minimum wage and those in the Competition Bill, etc., on the local economy as well as on small and medium-sized enterprises at large, so as to protect the business-friendly environment in Hong Kong and raise Hong Kong's economic competitiveness.

Public Officer to attend : Secretary for Financial Services and the Treasury

(Members' motions scheduled to be dealt with at this Council meeting)

17. Improving public healthcare services

Hon CHAN Kam-lam to move the following motion:
(Translation)

That the Government intends to implement the Health Protection Scheme for addressing the issue of public healthcare financing and reforming public healthcare services; however, with population ageing and the continuous increase in demand for primary healthcare services, public healthcare services are unable to sustain quality, and the mode of service delivery also fails to develop in the direction of a 'person-centred and community-based' approach; in this connection, this Council urges the Government to comprehensively improve public healthcare services, and the relevant measures should include:

(a)to enhance the hardware facilities of public hospitals, including reviewing the demand for specialist services in the hospitals of various clusters, acquiring more medical equipment, and expediting the expansion of United Christian Hospital as well as the redevelopment of Queen Mary Hospital and Kwong Wah Hospital, so as to cope with the demand arising from changes in population structure;

(b)in response to the fact that babies born to 'doubly non-permanent resident pregnant women' seeking healthcare services in Hong Kong have led to an increasing demand for hospital services in the New Territories clusters, the authorities should allocate more resources for improving the services of maternal and child health centres as well as paediatrics;

(c)to develop public Chinese medicine services, expeditiously build public Chinese medicine out-patient clinics, increase the daily service quotas in public Chinese medicine clinics, and study introducing Chinese medicine in-patient services and conjoint Chinese medicine and Western medicine consultations;

(d)to draw up a timetable for establishing community health centres in the 18 districts of Hong Kong;

(e)to improve the existing public general out-patient services, including increasing daily consultation quotas, introducing overnight out-patient services, and setting up a 'manned' consultation booking hotline for the convenience of the elderly;

(f)to draw up planning on long-term healthcare service demand and personnel training, and adopt short-term measures to tackle the existing problem of healthcare manpower shortage;

(g)to improve public dental services, including introducing out-patient dental services for the elderly, and extending the Student Dental Service to secondary students, etc.; and

(h)to design specific services geared to the healthcare needs of different groups of people in society, including lowering the eligible age for elderly healthcare vouchers to 65 and increasing the amount of subsidy to $1,000; increase the service quotas in elderly health centres and women health centres; introduce a cervical cancer vaccination programme and a breast cancer screening programme for the suitable women; subsidize high risk groups to take fecal occult blood tests regularly for the prevention of colon cancer; speed up the updating of the types of vaccines incorporated under the Childhood Immunization Programme; and study the introduction of 'child healthcare vouchers'.

Amendments to the motion
(i)Dr Hon Joseph LEE to move the following amendment: (Translation)

To delete "the Government intends to implement the Health Protection Scheme for addressing the issue of public healthcare financing and reforming public healthcare services; however" after "That"; to delete "in the New Territories clusters" after "hospital services"; to delete "and" after "etc.;"; and to add "; (i) to expeditiously set a nurse-patient ratio to enhance the quality of nursing care and facilitate long-term nursing manpower planning; (j) to review the manpower establishment of allied health staff and assess manpower needs based on service demand, so as to shorten patients' waiting time and enhance the quality of allied health service; (k) to provide referral services by optometrists and strengthen the role of optometrists in primary healthcare services at the community level, so that members of the public can receive early treatment to avoid deterioration of conditions due to delay; and (l) regarding the continuously rising demand for chiropractic services nowadays, to introduce chiropractic services under the public healthcare system, so as to provide members of the public with an additional choice and shorten the existing waiting time for the services of relevant departments" immediately before the full stop.

(ii)Dr Hon LEUNG Ka-lau to move the following amendment: (Translation)

To add "(a) to review the resource and manpower allocation mechanism of the Hospital Authority ('HA'), so as to improve public hospital services; (b) to set up an independent audit department for HA, so as to ensure a more effective distribution of public healthcare resources among the various service items to help patients in need; (c) to separate the roles of purchaser and provider of public healthcare services, so that resources can be utilized in a more cost-effective manner; (d) to introduce a 'more work, more pay' working-hour system in HA, so as to retain healthcare personnel and address the problem of healthcare manpower wastage;" after "include:"; to delete the original "(a)" and substitute with "(e)"; to delete the original "(b)" and substitute with "(f)"; to delete the original "(c)" and substitute with "(g)"; to delete the original "(d)" and substitute with "(h)"; to delete the original "(e)" and substitute with "(i)"; to delete the original "(f)" and substitute with "(j)"; to delete the original "(g)" and substitute with "(k)"; and to delete the original "(h)" and substitute with "(l)".

Public Officer to attend : Secretary for Food and Health

18. Increasing land supply in Hong Kong and perfecting the land reserve system

Ir Dr Hon Raymond HO to move the following motion:
(Translation)

That Hong Kong is small but densely populated with the land falling short of the demand, and property prices have persistently remained at high levels; in order to resolve the problem of high property prices at root, this Council urges the Government to expeditiously increase land supply through different means, such as reclamation, rock cavern development, old district redevelopment, change of land use, land resumption and reusing former quarry sites, etc.; at the same time, the Government should also perfect the existing land reserve system to appropriately perform the function of adjusting land supply.

Public Officer to attend : Secretary for Development

(Members' motion scheduled to be dealt with at this Council meeting)

19. Motion for the adjournment of the Council under Rule 16(4) of the Rules of Procedure

Hon Miriam LAU to move the following motion:
(Translation)

That this Council do now adjourn for the purpose of debating the following two issues:

(a)the impact of the announcement made by the MTR Corporation Limited to increase its fares by 5.4% under the Fare Adjustment Mechanism ("FAM") on the general public, as well as FAM, fare concession measures and the Government's corresponding arrangements (raised by Hon CHEUNG Hok-ming); and

(b)the suicide of LI Wang-yang (raised by Hon LEUNG Kwok-hung).

Public Officer to attend : Secretary for Transport and Housing

Clerk to the Legislative Council