A 13/14-16
Legislative Council
Agenda
Wednesday 22 January 2014 at 11:00 am
I. Tabling of Papers
Other Papers
II. Questions
1. Hon Christopher CHUNG to ask: (Translation)
Earlier, a Number 3 alarm fire broke out in a commercial/residential building in North Point, causing injuries to over 20 people and, among them, several guesthouse guests were in critical condition. It was reported that as there were a number of licensed and unlicensed guesthouses in that building and the residents and guesthouse guests scrambled for escape during the fire, the capacity of the fire escapes had been exceeded and a chaotic situation resulted. It is learnt that in vetting and approving applications for guesthouse licences, the authorities will not consider the requirements of the Deeds of Mutual Covenant ("DMCs") nor the views of the residents of the buildings concerned. Hence, despite the stipulation in the DMC of the building in the aforesaid incident that operation of guesthouses above the third floor is prohibited and objection raised by the owners' corporation, the authorities still issued licences to a number of guesthouses in the building. There are comments that the fire has exposed the loopholes in the existing guesthouse licensing system and the relevant legislation, and the perfunctory law enforcement against unlicensed guesthouses taken by the authorities. In this connection, will the Government inform this Council:
(1) whether it will, in the light of the aforesaid incident, conduct a comprehensive review of the existing guesthouse licensing system and legislation, including the addition of a condition for vetting and approving applications for licences, i.e. the applicant must submit proof that the application is not in violation of the terms in the DMC and the land lease of the building concerned; (2) whether it will examine the introduction in the guesthouse licensing system of a mechanism whereby the views of the residents in the buildings concerned on the licence applications will be gauged, and such views and the capacity of the communal facilities of the buildings concerned will be included as factors for consideration in granting licences; and (3) whether it has any plan to review and improve the existing policies and measures for combating unlicensed guesthouses, including stepping up efforts in conducting inspections and taking law enforcement actions, and increasing the penalties for the relevant offences so as to enhance the deterrent effect?
2. Hon LEUNG Yiu-chung to ask: (Translation)
Regarding the yearly Hong Kong Marathon, will the Government inform this Council:
(1) of the role played by the Government in the 2014 Hong Kong Marathon, and the assistance (including financial subsidy and the number of supporting staff from the various grades) provided to the organizer of the event; (2) of the financial and manpower assistance provided by the Government to the Hong Kong Marathon in the past five financial years, and the expenditures incurred; and (3) given that quite a number of members of the public could not participate in the Hong Kong Marathon due to over-enrolment in all these years, whether the Government will consider organizing another international marathon, so as to enable more members of the public to participate in marathons and promote sport for all; if it will, of the plan; if not, the reasons for that?
3. Hon LEUNG Kwok-hung to ask: (Translation)
I have received complaints one after another from the tenants of Fung Wo Estate, Kai Ching Estate, Wing Cheong Estate, Cheung Sha Wan Estate and Un Chau Estate Phase 5, who allege that the remunerations provided by the Housing Department ("HD") to outsourced property services agents ("PSAs") of public rental housing ("PRH") estates are so meagre that the PSAs have employed every means to collect fees from tenants who are moving into the estates. For instance, PSAs will not assist those new tenants who have not yet paid the debris removal charges ("DRC") in making move-in arrangements and signing the tenancy agreements. These tenants have relayed to me that as the renovation companies had already passed on to them the waste disposal charges payable under the Waste Disposal Ordinance when they renovated their new homes, the collection of DRC by PSAs was tantamount to double charging, and the rates concerned were also on the high side. In this connection, will the Government inform this Council:
(1) of the number of units, the number of tenants who have moved in, the total amount of DRC that the relevant PSA has collected or plans to collect, and the respective rates of DRC payable for small, medium and large units, in each of the aforesaid housing estates; (2) as PSAs charge PRH tenants DRC according to the property management contracts signed between PSAs and HD, whether HD gives such authorization in accordance with the legislation; if so, of the relevant legislation; if not, whether HD has allowed PSAs to freely charge new tenants DRC without legal authority; and (3) whether it will assist the tenants of the aforesaid housing estates in seeking refunds of DRC from the relevant PSAs; if it will, when it will do so; if not, of the reasons for that?
4. Hon SIN Chung-kai to ask: (Translation)
Article 22(4) of the Basic Law provides that: "[f]or entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval. Among them, the number of persons who enter the Region for the purpose of settlement shall be determined by the competent authorities of the Central People's Government after consulting the government of the Region". In this connection, will the Government inform this Council:
(1) of the occasions, since the reunification, on which the Central People's Government consulted the Hong Kong Special Administrative Region ("SAR") Government on the number of persons entering the SAR for the purpose of settlement, as well as the views given by the SAR Government on each occasion; whether the SAR Government has taken the initiative to give its views to the Central People's Government in this regard; if it has, of the details; if not, the reasons for that; (2) whether there were past cases in which the SAR Government specifically participated in vetting and approving the applications of individual mainlanders for settlement in Hong Kong, and whether the SAR Government had examined the relevant application documents; if so, of the details; if not, the reasons for that; and (3) given that the incumbent Chief Executive promised in his election manifesto in 2012 that "reserves unto the government the authority to screen and approve newcomers to our shores", but the Chief Secretary for Administration openly indicated on 24 October 2013 that there was no question of taking back the power of vetting and approving applications for One-way Permit (i.e. Permit for Proceeding to Hong Kong and Macao), how the authorities honour that promise?
5. Hon TANG Ka-piu to ask: (Translation)
Under the existing legislation, an employer is allowed to use the accrued benefits derived from the employer's contributions made to a Mandatory Provident Fund ("MPF") scheme for an employee to offset the severance payment ("SP") or long service payment ("LSP") payable to that employee under the Employment Ordinance ("the offsetting arrangement"). Some employees have pointed out that the offsetting arrangement undermines the interests of employees and deprives them of retirement protection. In this connection, will the Government inform this Council:
(1) of the circumstances under which the authorities will abolish the offsetting arrangement; the considerations for deciding whether to abolish the offsetting arrangement in one go or by phases, and whether such factors include the impacts on the administrative costs and average expense ratio of the funds; if so, of the details; and (2) whether it will introduce MPF full portability in tandem with the abolition of the offsetting arrangement, and stipulate that the accrued benefits derived from the contributions made by the employers before the abolition of the offsetting arrangement can no longer be used in the offsetting arrangement; if it will, of the details; if not, the reasons for that?
| Public Officers to reply | : | Secretary for Financial Services and the Treasury Secretary for Labour and Welfare |
6. Hon Charles Peter MOK to ask: (Translation)
Some journalists from media organizations operating Internet news web sites ("online media") have complained to me that government officers have repeatedly denied their coverage of public activities conducted by government departments, including press conferences, briefings and consultation sessions. Also, the Information Services Department ("ISD") has refused online media's requests for registering with its News and Media Information System on grounds of limited capacity of the System, rendering them unable to receive press notices. They have also pointed out that only representatives from mainstream news media organizations are allowed to apply for Central Government Offices ("CGO") Press Cards. As a result, journalists from online media may not enter CGO to carry out reporting duties. In this connection, will the Government inform this Council:
(1) of the number of public activities conducted by the Government last year and, in respect of each activity, the average numbers of (i) people who could be accommodated in the press area(s), (ii) media organizations and their representatives attending the activity, and (iii) online media representatives who were denied access; the justifications of the Government for denying online media representatives' access for coverage of the activities; the qualification requirements for news media to be granted access for coverage of the activities as well as the criteria for granting approval, and whether the Government will review such requirements and criteria; if it will not, of the reasons for that; (2) of the maximum number of users that can be supported by the News and Media Information System of ISD as well as the respective numbers of users and media organizations currently registered with the System; the procedure for media organizations to apply for registration with the System and the time required, as well as the relevant expenses of the Government; whether it will upgrade the System to accommodate more users; if it will, of the expenditure involved and the timetable; if not, the reasons for that; and (3) given the provision in the media reporting arrangements in the Legislative Council ("LegCo") Complex that if online media representatives can prove that their online news web sites have covered LegCo news or have interviewed LegCo Members, they may apply for Temporary Admission Passes for entering the Complex to carry out reporting duties, whether the Government will make reference to such an arrangement and improve the arrangements for online media representatives to enter CGO for carrying out reporting duties, so as not to hamper press freedom; if it will not, of the reasons for that?
*7. Dr Hon Priscilla LEUNG to ask: (Translation)
The Court of Final Appeal ("CFA") has earlier handed down its judgment on an appeal case, declaring that the requirement of seven-year residence in Hong Kong ("residence requirement") stipulated by the Government for the Comprehensive Social Security Assistance ("CSSA") Scheme was unconstitutional. As a result, the residence requirement must be restored to one year, i.e. the requirement before 1 January 2004. The judgment has aroused extensive discussions in the community and quite a number of members of the public have expressed concern that the shortened residence requirement will attract a large number of mainland people applying for settlement in Hong Kong who may apply for CSSA after one year, thus placing a heavy burden on the welfare expenditure of Hong Kong. In this connection, will the Government inform this Council:
(1) whether it has assessed the number of mainland people who will be attracted by the shortened residence requirement for the CSSA Scheme to apply for settlement in Hong Kong, and whether it will introduce measures to deter mainland people from obtaining approval for settlement in Hong Kong through engaging in bogus marriages; if so, of the details; if not, the reasons for that; (2) given that the authorities have indicated that there will be an increase in the expenditure on the CSSA Scheme as a result of the shortening of the residence requirement, whether the authorities have plans to introduce targeted measures to ensure the continued stability and healthiness of the public finances of Hong Kong; if they have, of the details; if not, the reasons for that; and (3) given that quite a number of members of the public have pointed out that before formulation, public policies of significant public interests such as welfare and population planning have all been thoroughly considered and examined by the Legislative Council and the executive authorities from various aspects such as the long-term interests of Hong Kong, fiscal sustainability, policy objectives and legal principles, etc., and extensive public consultation has often been conducted on them, but once such policies are ruled unconstitutional by CFA, they will become invalid or must be amended, which is a situation these members of the public consider as unsatisfactory, whether the Government has any improvement measures to ensure the stability and predictability of public administration?
*8. Hon Dennis KWOK to ask:
It is learnt that in addition to the statutory compensation scheme under Article 11(5) in Part II (Hong Kong Bill of Rights) of the Hong Kong Bill of Rights Ordinance (Cap. 383), there is a practice of the Government awarding ex gratia payments on moral or compassionate grounds in certain exceptional cases of miscarriage of justice in which the Government is not legally liable. Such cases include but are not limited to those in which the claimant has spent time in custody following a wrongful conviction or charge resulting from serious default by the police or other public authority, notwithstanding the fact that the circumstances offer no grounds for any claim of civil damages. In this connection, will the Government inform this Council:
(1) of the respective numbers of applications for ex gratia payments approved and rejected in the past five years; the particulars of those approved cases, including the amount of payments awarded in each case as well as the reasons for some applications being rejected, if any; (2) by which agency and with what criteria applications for ex gratia payments are assessed; (3) of the number and particulars of the complaints received by the Government in the past five years about rejection of applications for ex gratia payments or about the amounts of payments awarded; and (4) whether it has assessed if a conflict of interests may arise on the part of the Secretary for Justice and relevant government departments in the assessment of applications for ex gratia payments; if the assessment outcome is in the affirmative, whether the Government will make reference to the system in the United Kingdom and replace the current arrangement for processing such applications with a statutory scheme under which an independent assessor is appointed to consider the merits of the applications for ex gratia payments and determine the amounts of payments to be awarded; if it will, of the details; if not, the reasons for that?
*9. Hon Ronny TONG to ask: (Translation)
Some members of the public consider that although the Trade Descriptions (Unfair Trade Practices)(Amendment) Ordinance 2012 (Ordinance No. 25 of 2012)("the Amendment Ordinance") has been in full force since 19 July last year, advertisements alleged to be contravening that Ordinance are still very common at present. For instance, while the game pieces for food offers provided by a fast food chain in its lucky draw campaign were claimed to be applicable to "all extra value meals", such game pieces are in fact not applicable to three set meals of lower prices. In this connection, will the Government inform this Council:
(1) whether it knows the numbers of relevant complaints received so far by the Consumer Council and the Customs and Excise Department ("C&ED") respectively, with a breakdown by type of complaints and progress of follow-up actions; (2) of the respective numbers of cases of alleged contravention of the Amendment Ordinance so far in respect of which C&ED had (i) instituted prosecutions, and (ii) accepted the undertakings given by the traders concerned that they would cease the unfair commercial practices and decided not to institute prosecutions, with a breakdown by the commercial practice involved; (3) whether it has studied if advertisements alleged to be contravening the Amendment Ordinance are prevalent in the market at present; if the study outcome is in the affirmative, of the reasons for that, and whether the reasons include (i) inadequate deterrence because of the small number of prosecutions instituted by C&ED, and (ii) perfunctory law enforcement by the authorities; whether it has plans to strengthen its efforts to combat such kind of advertisements in order to protect consumers' rights and interests; if it has, of the details; if not, the reasons for that; and (4) whether it has considered further amending the Trade Descriptions Ordinance (Cap. 362), with a view to protecting consumers' rights and interests more effectively; if it has, of the details and the timetable; if not, the reasons for that?
*10. Hon Starry LEE to ask: (Translation)
Earlier, a fire broke out at Continental Mansion, North Point, causing injuries to a number of residents and guesthouse guests of that commercial/residential building. It is learnt that despite the Deed of Mutual Covenant ("DMC") of the building stipulates that operation of guesthouses above the third floor is prohibited, a number of guesthouses in the building have still been issued licences to operate in contravention of the DMC. On the other hand, there are also a number of guesthouses operating without licences in the building. The Secretary for Home Affairs has indicated earlier that the Government is considering conducting a review on the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) ("the Ordinance") which regulates guesthouses, and is examining issues in this regard, including more effective ways to enforce the law and combat unlicensed guesthouses, as well as the need to tighten up the requirements for issuing licences for guesthouses to operate in commercial/residential buildings. In this connection, will the Government inform this Council:
(1) of the timetable and details of the review of the Ordinance; (2) whether it will consider setting up a guesthouse licensing committee with reference to the existing model adopted by the Liquor Licensing Board in handling new applications for liquor licences, and requiring applicants to place advertisements in local newspapers to give residents of the affected buildings an opportunity to give their views on the applications concerned to such a committee, so as to ensure that the interests of the residents will be taken into account when the authorities vet and approve applications for guesthouse licences; (3) whether it knows, apart from Continental Mansion, the current number of commercial/residential buildings with DMCs containing provisions restricting the establishment of guesthouses, and the distribution of such buildings in the territory; (4) of the number of inspections conducted by the Office of the Licensing Authority ("the Office") under the Home Affairs Department for combating unlicensed guesthouses, and the respective numbers of subsequent prosecutions instituted and convictions, in each of the past three years, broken down by District Council district; and (5) of the respective numbers of cases of unlicensed guesthouses uncovered by the Office through proactive inspections, posing as clients (commonly known as "snaking") and surfing web sites for booking hotels and accommodations for visitors, in each of the past three years?
*11. Hon Albert CHAN to ask: (Translation)
It is learnt that in recent years, stray dogs often got injured or even died from struggling when they were being caught by the Agriculture, Fisheries and Conservation Department ("AFCD"). Some members of the public also point out that the methods used by AFCD in catching stray dogs are excessively cruel and outdated. In this connection, will the Government inform this Council:
(1) of the number of stray dogs which were caught, as well as the respective numbers of dogs which were injured or died while being caught, in each of the past three years; (2) of the respective numbers of stray dogs which were euthanized or adopted among the stray dogs caught in each of the past three years; and (3) whether it will improve the methods of catching stray dogs in order to reduce injuries or deaths of dogs; if so, of the details; if not, the reasons for that?
*12. Hon IP Kin-yuen to ask: (Translation)
Regarding the financial position of various bureaux and government departments ("B/Ds"), will the Government inform this Council:
(1) of the following figures in relation to the B/Ds whose unspent funds amounted to (i) 0 to 5%, (ii) 6% to 10%, (iii) 11% to 15%, (iv) 16% to 20%, and (v) 21% or more (rounded to the nearest whole percentage) of their approved estimates of expenditure in each of the past five financial years: (a) the approved estimates of expenditure; (b) the actual expenditure; (c) the difference between the approved estimates of expenditure and the actual expenditure; (d) the reasons for the funding not being fully utilized; and (e) the respective amounts of funds returning to the General Revenue Account (if applicable) (and set out in tables of the same format as the table below); and (Financial Year)
The percentage of unspent funds in the approved estimates of expenditure B/Ds Approved estimates of expenditure Actual expenditure Difference Reasons for the funding not being fully utilized Amounts of funds returned to the General Revenue Account
(if applicable)0 to 5% 6% to 10% 11% to 15% 16% to 20% 21% or more (2) whether the funding for B/Ds for the coming year will be reduced as there is unspent funding; if so, of the details?
*13. Hon Cyd HO to ask: (Translation)
In April last year, the Privacy Commissioner for Personal Data published an inspection report in relation to the use of closed-circuit television ("CCTV") systems by the MTR Corporation Limited ("MTRCL") in the public areas of MTR stations and train compartments. The report pointed out that "CCTV-in-operation" notices displayed by MTRCL in train stations and compartments were not conspicuous and provided inadequate information, there were inadequacies in the arrangements for the handling and destroying of footages (e.g. certain footages were actually kept longer than the retention period prescribed by MTRCL), and the sharing of the passwords of the CCTV systems among staff members of the Operations Safety Section heightened the risk of personal data leakage. Regarding the use of CCTV systems by public transport operators, government departments and public organizations in public areas, will the Government inform this Council:
(1) whether it knows (i) the respective numbers of CCTV cameras currently installed by MTRCL in the public areas of train stations along MTR lines and the Light Rail ("LR") lines (and the number of train stations concerned respectively), and (ii) the respective numbers of CCTV cameras currently installed in the train compartments of MTR and LR (as well as the respective numbers of train compartments and trains involved); the number of the aforesaid notices displayed by MTRCL and their specific wording, and the number of notices detailing the privacy policies of MTRCL; (2) whether it knows the purpose of and criteria for the installation of CCTV systems by MTRCL; of the criteria adopted by MTRCL for determining the locations and angles of CCTV cameras to be installed, and why such cameras have been installed only in some trains and train compartments; (3) whether it knows MTRCL's retention period of CCTV footages at present, and the way by which the footages will be deleted afterwards; of the departments to which MTRCL staff who are authorized to inspect the footages belong and their ranks, and whether the resolution of the footages is high enough for the inspectors to recognize the faces of passengers; of the measures taken to ensure the footages are kept strictly confidential, and will not be duplicated, transferred or leaked; (4) whether the government representatives on the Board of MTRCL have monitored the implementation of privacy protection policies by MTRCL; (5) whether it knows which licensed or franchised public transport operators (including but not limited to companies offering tram, peak tram, bus, light bus and ferry services) have installed CCTV cameras in the public areas of their stops/piers, vehicle compartments, ferry cabins and other passenger facilities; of the guidelines and measures the authorities have put in place to regulate these organizations in terms of the locations of CCTV cameras to be installed, the way of handling footages, as well as the retention of such footages for a reasonable period only; and (6) of the number of CCTV cameras installed by government departments and public organizations in the public areas of their facilities, with a breakdown by department/public organization; which departments are responsible for the installation, custody and operation of such cameras, and the retention period of the footages concerned; of the guidelines issued by the authorities to the relevant departments and public organizations regarding the installation of CCTV systems and the proper handling of footages?
*14. Hon Tony TSE to ask: (Translation)
It has been learnt that the Government has adopted the mode of "new engineering contract" ("NEC") since 2009 to draw up a number of public works contracts in order to enhance project efficiency and lower the costs. In this connection, will the Government inform this Council:
(1) of the number of public works projects awarded by the Government which have adopted NEC (including construction and consultancy contracts) in each year since 2009; the following information of various projects: (i) the government departments involved, (ii) project titles, (iii) project locations, (iv) names of contractors and consultants responsible for the projects, (v) approved project estimates, (vi) actual project expenditures, and (vii) the latest progress of the projects; (2) of the criteria and factors of consideration for determining whether NEC is to be adopted for a particular public works project, and whether project price is one of the factors of consideration; the weightings of various criteria and factors of consideration in the decision-making process; (3) as some small and medium-sized contractors have criticized that the tendering system of NEC is not conducive to the participation of those contractors with less resources and lacking expertise in bidding for projects, whether the authorities have reviewed the tendering system; if they have, of the review results, as well as the measures to improve the tendering system of NEC in order to make the tendering procedure fairer and enable more small and medium-sized contractors to participate in tendering; if not, whether they will conduct such a review as soon as possible; and (4) whether it has conducted reviews on other aspects of NEC, including (i) the funding mechanism, (ii) objectives and (iii) effectiveness; if so, of the review results and the improvement measures proposed, and whether there is any impact on the attitude taken by the Government towards the adoption of NEC; if there is impact, of the details; if it has not conducted any review, of the reasons for that and whether it will conduct such a review in future?
*15. Hon NG Leung-sing to ask: (Translation)
In February 2008, a staff member of the Department of Health ("DH") was convicted of embezzling $13,710,000. The authorities indicated thereafter that the department had adopted measures to strengthen its internal control of payment and accounting procedures. According to the General Revenue Account as at 31 March 2013, the authorities are still recovering this sum of money. In this connection, will the Government inform this Council:
(1) of the latest progress in recovering this sum of money, and why the sum has not yet been written off; and (2) whether it regularly examines if the department concerned has earnestly enforced the aforesaid measures to improve the internal control?
*16. Hon Gary FAN to ask: (Translation)
According to the Government's reply to a question raised by a Member of this Council last year, among the animals received or caught by the Agriculture, Fisheries and Conservation Department ("AFCD") in each of the past three years, over 8 000 were euthanized (around 60%) and only 7% to 8% re-homed. In this connection, will the Government inform this Council:
(1) of a breakdown, by the breed of the animals (such as mongrel, British shorthair, lop-eared rabbit, etc.), of the number of animals euthanized by AFCD in each of the past three years; (2) of the respective expenditures incurred by AFCD on taking care of the animals received or caught, as well as promoting re-homing of such animals in each of the past three years (including venue rentals and advertising fees); (3) of the voluntary animal welfare groups which have entered into partnership with AFCD for the provision of animal re-homing service at present; (4) of the existing criteria adopted by AFCD for determining which animal welfare groups to be chosen as partners in the provision of animal re-homing service, evaluating the effectiveness of collaboration and deciding whether collaboration with such groups will continue; (5) of the number of activities conducted by AFCD to promote animal re-homing in the past three years, as well as the details of each activity, including the (i) date, (ii) name, (iii) form, (iv) organizer and supporting organizations, (v) number of animals involved, and (vi) number of the animals re-homed (set out in the table below);
Date Name Form Organizer and
supporting
organization(s)Number of
animals
involvedNumber of
animals
re-homed(6) whether AFCD conducted promotional activities in the past three years in collaboration with individual pet shops to promote animal re-homing; if so, of the details of each activity, including the (i) date, (ii) name, (iii) form, (iv) organizer and supporting organizations, (v) number of animals involved, and (vi) number of animals re-homed (set out in the table below); if not, the reasons for that; and
Date Name Form Organizer and
supporting
organization(s)Number of
animals
involvedNumber of
animals
re-homed(7) given the space and resource constraints of the Animal Management Centres under AFCD, whether AFCD will, by making reference to the "Foster Parent Programme" of the Society for the Prevention of Cruelty to Animals, consider introducing a Foster Family Programme so that animals are given more time, and hence more chances, to get re-homed by members of the public; if it will, of the details and timetable of the programme; if not, the reasons for that?
*17. Hon Claudia MO to ask: (Translation)
It has been reported that some mainland residents have been granted One-way Permits ("OWPs") for settlement in Hong Kong even though they have criminal records in Hong Kong. In this connection, will the Government inform this Council:
(1) of the number of mainland residents with criminal records in Hong Kong or on the Mainland coming to Hong Kong for settlement each year since 1 July 1997, with a breakdown by the offence committed (e.g. bribery, offences related to bogus marriage and the use of forged travel documents); (2) of the respective numbers of mainland residents with criminal records in Hong Kong (including those who had not and had served their sentences) against whom the authorities had taken the following actions upon their entry into Hong Kong on OWPs, each year since 1 July 1997: (i) refusing entry, (ii) granting conditional or unconditional stay in Hong Kong for settlement, (iii) transferring them to prison for serving their sentences and deporting them from Hong Kong after serving their sentences, and (iv) transferring them to prison for serving their sentences and permitting them to settle in Hong Kong after serving their sentences; (3) whether the existing mechanism allows the authorities to exercise discretion to deal with such cases by ways other than those mentioned in (2); if so, of the details; (4) given that the Government has stated that a notification mechanism is in place between the Mainland and Hong Kong to regularly provide the mainland public security authorities with the particulars of those mainland visitors who have breached the law in Hong Kong for follow-up actions, and such persons will not be issued travel documents (including OWPs) to come to Hong Kong within two to five years ("period of non-issuance of permits"), of the criteria based on which the Government and the mainland authorities set the period of non-issuance of permits for various types of offences; whether it has conducted any review with the mainland authorities on such notification mechanism; if it has, of the details; and (5) whether it will discuss with the mainland authorities the establishment of a regular system to facilitate the authorities to check, upon the entry of mainland residents to Hong Kong on OWPs, if they have criminal records in Hong Kong, and to refuse entry of those with such records who are still subject to restriction of the period of non-issuance of permits; if it will, of the details?
*18. Hon Alan LEONG to ask: (Translation)
According to the Government's statistics, there were 91 558 babies born in Hong Kong in 2012, and among them, 4 698 babies were born to mainland women whose spouses were Hong Kong permanent residents (i.e. singly non-permanent resident ("SNR") children), and 26 715 babies were born to mainland women whose spouses were not Hong Kong permanent residents (i.e., doubly non-permanent resident ("DNR") children). There have been comments that although both SNR and DNR children are eligible to use the child health services provided by the Maternal and Child Health Centres ("MCHCs") under the Department of Health, some of them do not use such services probably because they do not reside in Hong Kong. In connection with the services provided to children and women by MCHCs, will the Government inform this Council:
(1) of the total number of children receiving services provided by MCHCs at present, with a breakdown by age group and the resident status of their parents in Table 1;
Table 1
Age group All children SNR children DNR children Below 1 1 or above (2) of the respective numbers of Hong Kong-born children in each of the past five years who continuously used (i) the immunization services and (ii) the developmental surveillance and diet assessment services of MCHCs, with a breakdown by the resident status of their parents and set out in a table of the same format as Table 2; and
Table 2 Service: ____________
Year All children SNR children DNR children 2009 2010 2011 2012 2013 (3) of the respective numbers of women who used (i) the antenatal services and (ii) the postnatal checkups and family planning advice services of MCHCs in each of the past five years, with a breakdown by the resident status of their spouses and set out in a table of the same format as Table 3?
Table 3 Service: ____________
Year All women SNR women DNR women 2009 2010 2011 2012 2013
*19. Hon Abraham SHEK to ask: (Translation)
It has been reported that on the Christmas Day just past, five luxurious apartments on Hong Kong Island were found within a period less than two hours to have been burgled, with properties valued over two million dollars in total stolen from four of them. It has also been reported that burglary gangs comprising mainly local people often recruit criminals from the Mainland to come to Hong Kong to commit crimes, because it would still be very easy for the local people, who are the masterminds of the crimes, to escape justice even if such mainland criminals are arrested. Furthermore, such mainland criminals will return to the Mainland immediately after committing crimes and stay away from Hong Kong, making it difficult for the Police to detect such cases. In this connection, will the Government inform this Council:
(1) of the number of burglaries of luxurious apartments in the past three years and the number of such cases detected by the Police; (2) whether it has assessed the correlation between burglaries at luxurious apartments and the residents there travelling abroad during holidays or their oversight of home security; (3) whether the Police have maintained close liaison with the property management companies concerned in respect of anti-theft measures for luxurious apartments and tendered advice on plugging security loopholes; if they have, of the details; if not, the reasons for that; (4) as quite a number of luxurious apartments are located at secluded areas, whether the Police have taken specific measures to curb burglaries targeted at such apartments; if they have, of the details; if not, the reasons for that; and (5) whether the Police have encountered difficulties in bringing to justice mainlanders who have returned to the Mainland after committing burglaries in Hong Kong; if they have, of the difficulties and whether any solution is in place?
*20. Hon CHAN Hak-kan to ask: (Translation)
It is learnt that as some of the newly completed government venues (such as Tuen Mun North West Swimming Pool) do not provide for rest rooms, toilets and changing rooms for use by employees of the outsourced service contractors ("contractors"), such employees need to take their meals on staircases and queue up to use public changing rooms. In addition, it has been reported that quite a number of cleansing staff employed by the contractors under the Food and Environmental Hygiene Department ("FEHD"), the Leisure and Cultural Services Department ("LCSD") and the Housing Department ("HD") can take a break beside refuse bins only, need to change their uniforms at home before going to work and are not permitted to use government staff toilets. In this connection, will the Government inform this Council:
(1) whether, according to the relevant criteria or guidelines, the authorities are required to reserve space for and build facilities (such as rest rooms, toilets and changing rooms) for use by the contractors' employees when designing government venues; if so, of the details; if not, the reasons for that; (2) of the respective current numbers of venues under FEHD, LCSD and HD (including refuse collection points, public toilets, shopping malls in public housing estates, car parks, swimming pools and sports grounds, etc.) with contractors engaged and, among them, the respective numbers of venues provided with rest rooms, changing rooms and water dispensers for use by the contractors' employees; if the venues are not provided with such facilities, of the reasons for that; (3) whether it is commonly stipulated in the existing outsourced service contracts that contractors must provide a reasonable and safe working environment for their employees; if so, of the contents of the relevant clauses; if not, whether it will consult the Labour Department ("LD") and include such clauses in the contracts in future; and (4) whether LD has any plan to assess the working environment of the contractors' employees to examine if they are working in a reasonable and safe environment; if it has, of the details of the plan; if not, the reasons for that?
*21. Hon Kenneth LEUNG to ask: (Translation)
Recently, a member of the Independent Police Complaints Council ("IPCC") was not re-appointed by the Chief Executive at expiry of his tenure of office and the authorities did not give any explanation publicly. The member concerned served on IPCC for a period of four years only, which has not reached the usual upper limit of six years on the tenure of office of non-official members of advisory and statutory bodies ("ASBs"). It has been reported that the decision not to re-appoint that member involved political reasons and was related to Ms KAO Ching-chi ("Ms KAO"), a full-time member of the Central Policy Unit ("CPU"). Moreover, at a meeting of a Panel of the Legislative Council held on 19 November 2012, the Head of CPU indicated that Ms KAO was tasked to assist CPU in tendering more systematic advice to the relevant bureaux and government departments ("B/Ds") on matters relating to the appointment of suitable candidates to the public offices of ASBs ("appointment matters"). In this connection, will the Government inform this Council:
(1) of the existing criteria and procedure for appointment matters; whether the authorities have drawn up guidelines for issues concerning the selection mechanism, criteria and integrity checking, etc.; if so, of the details; (2) of the number of appointments made by the Government in each of the past five years; the number of members, apart from those who had indicated their wish of not seeking re-appointment, who had served for less than six years and were not re-appointed by the Government, with a breakdown by name of ASBs; (3) given that the Home Affairs Bureau has set up a centralized database of members of the public who are willing to take up public offices, from which bureaux and departments may retrieve the information as reference in considering appointment matters, of the number of times that CPU or its members conducted inspection of such information in the past five years; (4) of the B/Ds to which advice on appointment matters has been tendered by CPU since the incumbent Chief Executive took office and whether such advice has been accepted; whether Ms KAO has been engaged in tendering such advice (with details set out in the table below); and
B/D Public office of the ASB concerned Whether the advice of CPU has been accepted Whether Ms KAO was engaged in providing the advice (5) whether B/Ds are required to give an account of the reasons to CPU when their appointment decisions are in variance with the advice of CPU; if so, of the reasons, and the number of occasions of B/Ds giving such an account since the incumbent Chief Executive took office?
*22. Hon CHEUNG Kwok-che to ask: (Translation)
Regarding residential care services for the elderly and persons with disabilities, will the Government inform this Council:
(1) of the respective numbers of residential care homes for the elderly ("RCHEs") and those for people with disabilities ("RCHDs") in Hong Kong in each of the past three years, with a breakdown by the type and mode of operation of the RCHEs and RCHDs; (2) of the respective numbers of service places and respite service places provided by various types of RCHEs and RCHDs in Hong Kong, and the respective numbers of persons waiting for subsidized services, in each of the past three years; (3) of the respective numbers of employees in different types of RCHEs and RCHDs in Hong Kong in each of the past three years (set out by year and type of workers in tables of the same format as Tables 1 to 3);
Table 1 (Year)
Table 2 (Year)Type of workers RCHEs Nursing home Care and attention home for the elderly Home for the aged Hostel for the elderly Registered social worker Ancillary worker Care worker Health worker/ personal care worker Registered nurse Enrolled nurse Physiotherapist Occupational therapist
Table 3 (Year)Type of workers RCHDs Halfway house Long stay care home Hostel for moderately mentally handicapped persons Hostel for severely mentally handicapped persons Hostel for severely physically handicapped persons Care and attention home for severely disabled persons Care and attention home for the aged blind Registered social worker Ancillary worker Care worker Health worker/ personal care worker Registered nurse Enrolled nurse Physiotherapist Occupational therapist
Type of workers RCHDs Integrated vocational training centre with residential service Residential special child care centre Small group home for mildly mentally handicapped children/ Integrated small group home Supported hostel Homes participating in the Pilot Bought Place Scheme for RCHDs Registered social worker Ancillary worker Care worker Health worker/ personal care worker Registered nurse Enrolled nurse Physiotherapist Occupational therapist (4) of the age distribution of the residents living in the following types of RCHEs in 2012-2013, including (i) nursing homes, (ii) care and attention homes for the elderly, (iii) homes for the aged, (iv) hostels for the elderly, (v) contract RCHEs, (vi) private care and attention homes for the elderly participating in the Enhanced Bought Place Scheme, (vii) nursing homes under the Nursing Home Place Purchase Scheme and (viii) private RCHEs (set out in Table 4);
Table 4
Age Number of residents
(percentage in the total number of residents)(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) 59 or below 60 to 69 70 to 79 80 or above Total (5) of the age distribution of the residents living in the following types of RCHDs in 2012-2013, including (i) halfway houses, (ii) long stay care homes, (iii) hostels for moderately mentally handicapped persons, (iv) hostels for severely mentally handicapped persons, (v) hostels for severely physically handicapped persons, (vi) care and attention homes for severely disabled persons, (vii) care and attention homes for the aged blind, (viii) supported hostels and (ix) integrated vocational training centres with residential service (set out in Table 5); and
Table 5
Age Number of residents
(percentage in the total number of residents)(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) 15 to 19 20 to 29 30 to 39 40 to 49 50 to 59 60 to 69 70 to 79 80 or above Total (6) of the age distribution of the children/youth living in (i) special child care centres and (ii) small group homes for mildly mentally handicapped children/integrated small group homes in 2012-2013 (set out in Table 6)?
Table 6
Age Number of children/youth
(percentage in the total number of children/youth)Special child care centre Small group home for mildly mentally handicapped children/ Integrated small group home 4 or below 5 to 9 10 to 14 15 to 19 20 or above Total
* For written reply
III. Bills
| First Reading
Loans (Amendment) Bill 2014 Second Reading (Debate to be adjourned) | ||
| Loans (Amendment) Bill 2014 | : | Secretary for Financial Services and the Treasury
|
| Second Reading (Debate to resume), Committee Stage and Third Reading
| ||
| Air Pollution Control (Amendment) (No. 2) Bill 2013 | : | Secretary for the Environment
|
IV. Motions
| 1. | Proposed resolution under the District Councils Ordinance Secretary for Constitutional and Mainland Affairs to move the following motion: Resolved that the District Councils Ordinance (Amendment of Schedules 1 and 3) Order 2013, made by the Chief Executive in Council on 22 October 2013, be approved. |
|
(The Order is in Appendix I and was also issued
on 10 January 2014 under LC Paper No. CB(3)324/13-14) | |
| 2. | Proposed resolution under section 34(2) of the Interpretation and General Clauses Ordinance Secretary for the Environment to move the motion in Appendix II. |
| (The motion was also issued on 17 January 2014 under LC Paper No. CB(3) 340/13-14) | |
V. Members' Motions
Clerk to the Legislative Council