A 13/14-17

Legislative Council

Agenda

Wednesday 12 February at 11:00 am,
Thursday 13 February and Friday 14 February 2014 at 9:00 am on each day

I. Tabling of Papers



Subsidiary Legislation / InstrumentsL.N. No.
1.Air Navigation (Hong Kong) Order 1995 (Amendment of Schedule 16) Order 2013 (Commencement) Notice15/2014
2.Dangerous Goods (Consignment by Air) (Safety) Regulations (Amendment of Schedule) Order 2013 (Commencement) Notice16/2014

Other Paper

No. 73-Report of the Public Accounts Committee on the Reports of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2013 and the Results of Value for Money Audits (Report No. 61)
(February 2014 - P.A.C. Report No. 61)
(to be presented by Hon Abraham SHEK, Chairman of the Public Accounts Committee, who will address the Council)

II. Questions for Written Replies



1. Hon CHAN Kam-lam to ask: (Translation)


Quite a number of employers have said that because of the long travelling distance and the inconvenient transport links between the Hong Kong International Airport and other districts, they have all along been unable to recruit enough staff to work at the airport, and such situation has not only seriously impacted the various services at the airport, but also weakened Hong Kong's competitiveness as an aviation hub. In this connection, will the Government inform this Council:
  • (1)whether it knows the number of persons working at the airport in each of the past five years; the number of persons working at the airport at present, and the increase in the number of persons working at the airport as compared to that when the airport was commissioned;

    (2)whether it knows the respective numbers of delayed arrival and departure flights and their respective percentages in the total number of flights, in each of the past five years, and the number of delay cases which were related to insufficient manpower of ground crews or other ancillary staff in each year;

    (3)whether the Government and the Airport Authority have looked into the difficulties encountered by the companies concerned in recruiting staff to work at the airport; if so, of the specific measures in place to ensure the smooth operation of the airport, including whether special transport services will be provided for staff working at the airport to attract more residents from districts outside Lantau Island to work at the airport; and

    (4)given that the current population of Tung Chung has just exceeded 80 000, of the respective numbers of people living and working in Tung Chung upon the completion of the third runway of the airport according to the estimation of the authorities, and whether the increased working population is sufficient to meet the additional labour demand arising from the expanded airport?
Public Officer to reply : Secretary for Transport and Housing

2. Hon Steven HO to ask: (Translation)


Section 6 of the Food Business Regulation (Cap. 132 sub. leg. X) stipulates that "[e]very person who carries on any food business shall at all times cause all furniture, articles, equipment and utensils used or liable to be used in the course of such business to be kept clean and free from noxious matters and in proper repair and free from cracks or chipping". Yet, some members of the public have recently complained to me that the food utensils of quite a number of eateries are unsanitary (e.g. the bamboo steamers are mouldy or have dead cockroaches in them), posing hazards to public health. In this connection, will the Government inform this Council:
  • (1)of the total number of complaints received by the authorities in the past three years about unclean food utensils of eateries; the details of the follow-up actions taken by the authorities (including the number of inspections of such eateries, the number of laboratory tests on food utensils and the number of prosecutions instituted), and the penalties imposed on the persons concerned; whether the authorities have kept records of breakdowns of the complaints and prosecutions regarding the hygiene of food utensils; if they have, of the details;

    (2)of the number of complaints received by the authorities in the past three years about unclean bamboo steamers of eateries, as well as the number and details of the law enforcement actions taken in respect of such complaints; the hygiene standards set by the authorities for this type of food utensils, the measures in place to ensure compliance with such hygiene standards by eateries, and whether the authorities have assessed the hygiene conditions of bamboo steamers of eateries at present; and

    (3)as there are views that Hong Kong people nowadays attach increasing importance to the hygiene of eateries, whether the authorities will review the existing legislation for regulating the hygiene of food utensils of eateries, and step up law enforcement actions, so as to ensure that the hygiene level of food utensils meets public expectations; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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


The Government proposed in this year's Policy Address to conduct strategic planning to prepare for the building of a new acute hospital ("the new hospital") at Kai Tak Development Area. It has been reported that the authorities intend to raise the plot ratio of the new hospital site so as to increase the number of beds and to relocate all the existing healthcare services of Queen Elizabeth Hospital ("QEH") to the new hospital. In this connection, will the Government inform this Council:
  • (1)whether the strategic planning will include conducting studies and public consultations on issues relating to relocation of the healthcare services of QEH; if so, of the details as well as the relevant initial ideas, timetable and estimated expenditure; when the new hospital is expected to be completed and commissioned;

    (2)of the number of beds to be provided by the new hospital, and whether that figure is calculated on the basis of an increased plot ratio; if so, of the details; how the number of beds in the new hospital compares with the current number of beds provided by QEH, and whether the former will be sufficient to meet the additional demand for healthcare services arising from future population growth in the nearby areas;

    (3)of the area of the new hospital site; whether the authorities have assessed if the site has sufficient space for future expansion; if they have assessed, of the results; if not, the reasons for that; and

    (4)of the land use of the site currently occupied by QEH after relocation of its healthcare services to the new hospital, and whether the site will continue to be used for providing public healthcare services; whether the authorities have assessed the impact of QEH ceasing to provide healthcare services at its existing site on the demand for services of Kwong Wah Hospital, the other acute hospital nearby; if they have assessed, of the results; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

4. Hon Emily LAU to ask: (Translation)


According to the existing system of declaration of interests by Executive Council ("ExCo") Members, where an ExCo Member has an interest in any item to be examined by ExCo, the Member is required to make such a declaration before the discussion by ExCo on the item. Based on the interest declared, the Chief Executive will decide whether the Member concerned may participate in or withdraw from the discussion of that item. In this connection, will the Executive Authorities inform this Council:
  • (1)of the number of declarations of interests by ExCo Members in respect of the items examined by ExCo, the dates of the meetings concerned and the areas of the interests declared by them, since July 2012;

    (2)of the number of withdrawal from ExCo meetings by ExCo Members, the dates of the meetings concerned and the areas of the conflict of interests in which they were involved, since July 2012; and

    (3)whether they will consider regularly publishing, for public monitoring, detailed information on declarations of interests by ExCo Members and their withdrawal from meetings in respect of the items examined by ExCo, including the names of the ExCo Members and the interests involved; if they will, when this will be implemented; if not, of the reasons for that?
Public Officer to reply : The Chief Secretary for Administration

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


It has been reported that allegedly due to prolonged exposure to chilly wind, a bus regulator died suddenly of an attack of disease while working in a makeshift bus regulator kiosk at Yat Tung Estate Public Transport Terminus in Tung Chung ("Yat Tung Terminus") on 25 December last year. Regarding the facilities at bus termini, will the Government inform this Council:
  • (1)of the planned ceilings on the number of bus routes and volume of bus traffic at Yat Tung Terminus; the current number of bus routes and highest volume of bus traffic for that terminus;

    (2)given that the bus routes terminating at Yat Tung Terminus are currently operated by three franchised bus companies but there are only two bus regulator kiosks at the terminus, and consequently the bus regulator of a bus company can only work in a makeshift bus regulator kiosk over the years, whether the authorities have any plan to build an additional bus regulator kiosk at the terminus; if so, of the details and the construction timetable; if not, the reasons for that;

    (3)whether it has communicated regularly with the representatives of the franchised bus companies and related trade unions on improving facilities at bus termini, and responded to the demands of the staff concerned;

    (4)of the planning standards and criteria based on which the authorities determine the number of bus routes and volume of bus traffic to be accommodated by a bus terminus, as well as the number of bus regulator kiosks to be provided at the terminus; and

    (5)when the Transport Department is planning for a bus terminus, how the relevant bureaux and departments, such as the Development Bureau, Planning Department and Housing Department, participate in assessing the future demographic trend and demand for bus services in the community where the bus terminus is located, in order to ensure that adequate space is reserved for the provision of various types of facilities, including bus regulator kiosks, at the terminus?
Public Officer to reply : Secretary for Transport and Housing

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


Article 22(4) of the Basic Law stipulates 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 annual numbers of "Certificates of Entitlement to the Right of Abode in the Hong Kong Special Administrative Region" issued by the authorities between 2003 and 2013, as well as the daily average number of mainland residents who came to Hong Kong for settlement during that period holding Permits for Proceeding to Hong Kong and Macao affixed with such Certificates; and

    (2)whether the Central People's Government ("CPG") consulted, in accordance with the aforesaid provision, the Hong Kong Special Administrative Region ("HKSAR") Government in the past five years on the number of persons to be approved to enter HKSAR for the purpose of settlement; if CPG did, when it did so, and of the views given by the HKSAR Government, and among such views, of those accepted and those not accepted by CPG respectively?
Public Officer to reply : Secretary for Security

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


Some concern groups have pointed out that although the Leisure and Cultural Services Department ("LCSD") claims that about 70% of its 680 outdoor children's playgrounds are installed with inclusive play equipment for enjoyment of children with or without disabilities ("inclusive playgrounds"), most items of the equipment therein are in fact not "inclusive" at all. For instance, only ordinary slides and spring riders but not any play equipment suitable for children with disabilities are installed at the Sai On Lane Children's Playground in the Western District. Moreover, metal poles have been installed at one of the entrances to the Li Sing Street Playground in the Western District, thus refusing access by wheelchair users. Some parents of autistic children living in Yuen Long have also pointed out that they cannot find a single merry-go-round after visiting all the children's playgrounds provided by LCSD in Yuen Long. In this connection, will the Government inform this Council:
  • (1)of the criteria based on which the authorities determine whether or not a children's playground is inclusive; whether they will consider reviewing such criteria and formulating afresh the definition of inclusive playgrounds;

    (2)whether it will comprehensively review and upgrade the equipment in the existing inclusive playgrounds; and

    (3)of the distribution of inclusive playgrounds at present; whether the authorities will consider providing such kind of playgrounds in every district?
Public Officer to reply : Secretary for Home Affairs

8. Hon Dennis KWOK to ask:


Section 129 of the Crimes Ordinance (Cap. 200) stipulates that a person who takes part in bringing another person into, or taking another person out of, Hong Kong for the purpose of prostitution shall be guilty of the offence of trafficking in persons to or from Hong Kong. The recent cases of serious and egregious abuse of foreign domestic helpers have aroused concerns that the scope of this provision is too narrow as only human trafficking activities done for the purpose of prostitution will be caught by it. In contrast, the Palermo Protocol under the United Nations Convention against Transnational Organized Crime defines human trafficking activities as those done for the purpose of exploitation and exploitation may take the form of "prostitution of others, sexual exploitation, forced labour, slavery or similar practices, removal of organs or other types of exploitation". In this connection, will the Government inform this Council:
  • (1)whether it will draw reference from the Palermo Protocol, and review and amend the aforesaid provision of human trafficking; if it will, of the details; if not, the reasons for that; and

    (2)whether it will review and reform the investigation approach and prosecution policy adopted by the law enforcement authorities regarding human trafficking; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

9. Hon Cyd HO to ask: (Translation)


According to a discussion paper submitted by the Government to the Public Works Subcommittee of this Council in November last year, the Hospital Authority ("HA") is managing 42 public hospitals/healthcare institutions, 48 specialist outpatient clinics and 73 general outpatient clinics, which are occupying a total of around 300 buildings. Among these buildings, over 56% of them were completed more than 30 years ago and some are even over 85 years old. In this connection, will the Government inform this Council:
  • (1)if it knows whether HA has conducted a comprehensive assessment on the overall maintenance, conservation and redevelopment of the aforesaid buildings; if HA has, of the outcome and details of the assessment; if not, the reasons for that; whether HA has formulated an overall policy on the maintenance, conservation and redevelopment of these buildings; if so, of the details; if not, the reasons for that; and

    (2)among the aforesaid buildings, of the respective names of those which are currently classified as Grade 1, Grade 2 and Grade 3 historic buildings, and whether it knows the respective details of the annual expenditure budgeted by HA for the maintenance or refurbishment of each of these historic buildings (set out one by one in a table according to their grading)?
Public Officer to reply : Secretary for Food and Health

10. Hon NG Leung-sing to ask: (Translation)


The actual expenditure on legal aid services incurred by the Legal Aid Department ("LAD") in 2012-2013 rose by 11% from the previous financial year. The authorities have advised that as legal aid expenditure is largely demand driven, if the expenditure of a certain financial year exceeds the approved provision, they will seek additional funding in accordance with the relevant provisions under the Public Finance Ordinance (Cap. 2), so as to ensure that the eligible legal aid applications will not be turned down. There are comments that such a practice is tantamount to allowing legal aid expenditure without a ceiling. Furthermore, while the Director of Legal Aid may act for the aided persons through lawyers of LAD, the Director or the aided persons may also select other counsel/solicitors as representatives. Under the Legal Aid Ordinance (Cap. 91), the Director is required to maintain separate panels of counsel and solicitors ("panels") who are willing to investigate, report and give opinions in respect of legal aid cases and to act for the aided persons. In this connection, will the Government inform this Council:
  • (1)whether the authorities will draw reference from the relevant system of the United Kingdom and set a ceiling on the annual expenditure on legal aid services, so as to ensure that public resources are allocated properly and put to the best use;

    (2)given that when the aided persons do not choose their own lawyers and let the Director of Legal Aid assign counsel/solicitors on the panels as their representatives, LAD will take into consideration the experience and expertise of the counsel/solicitors and the types and complexity of the cases concerned when assigning lawyers, of the specific procedures and criteria based on which LAD select the most suitable lawyers among the counsel/solicitors who meet such requirements; and

    (3)of the details of the 100 publicly-funded legal aid cases which incurred the highest litigation fees (including the types of cases and the amount of litigation fees paid by LAD), and the respective amounts of litigation fees paid by LAD to the top 10 counsel and solicitors to whom LAD assigned the most civil or criminal cases, in the past five years?
Public Officer to reply : Secretary for Home Affairs

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


Recently, quite a number of residents in Tuen Mun have relayed to me that traffic accidents have often occurred on Tuen Mun Road since the commencement of the works for Reconstruction and Improvement of Tuen Mun Road ("the Project") in 2008. In this connection, will the Government inform this Council:
  • (1)whether it has assessed how far the causes of the traffic accidents on Tuen Mun Road since the commencement of the Project are related to the Project; if it has, of the assessment outcome; if not, the reasons for that;

    (2)as an incident occurred on 30 November last year in which over 50 vehicles had their tyres punctured by a screw protruding from an expansion joint on a bridge when they were passing through a section of Tuen Mun Road where construction works were being carried out, whether the authorities have taken any corresponding precautionary and remedial measure targeting at the risk factors of potential traffic accidents arising from the Project, with a view to reducing traffic accidents; if so, of the details; if not, the reasons for that; and

    (3)whether the Highways Department and other government departments disseminate, on a daily basis to road users (including bus drivers and other motorists) and members of the transport industry, information on the measures taken for the Project, such as diversion of traffic, road narrowing and imposition of speed limit etc.; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

12. Hon Gary FAN to ask: (Translation)


It has been reported that the total amount of unpaid medical fees owed by non-local pregnant women after giving birth in public hospitals exceeded $10 million last year. That amount represented an increase of over 70% from the previous year and accounted for 20% of the provision made by the Hospital Authority ("HA") for bad and doubtful debts of medical fees last year. In this connection, will the Government inform this Council:
  • (1)whether it knows the number of the aforesaid cases and the total arrears in each of the past five years, together with a breakdown by public hospital; among such cases, the number of those which involved mainland pregnant women whose spouses were not permanent residents of Hong Kong, and the total arrears concerned;

    (2)if it knows the existing procedure of HA for recovering arrears from non-local pregnant women; the number of cases in which HA took recovery actions in each of the past five years, as well as the number of cases in which the arrears were fully recovered and the total arrears collected; whether HA has reviewed the reasons why its recovery actions succeeded in some cases but failed in others;

    (3)if it knows whether HA has analyzed the characteristics of non-local pregnant women who defaulted on payment (including their places of domicile and the number of days they stayed in Hong Kong before giving birth, etc.); if it has, of the conclusion, and whether it will make use of the relevant findings of such analysis to formulate a mechanism to closely monitor those non-local pregnant women who have a high risk of defaulting on payment; if not, the reasons for that;

    (4)whether it knows the measures adopted by HA at present to prevent non-local pregnant women from defaulting on payment, and whether HA will introduce any new measure; if HA will, of the details and implementation timetable; if HA will not, the reasons for that; and

    (5)as some members of the public have proposed that the Government should introduce legislation to require non-local pregnant women who defaulted on payment to immediately clear the debt (including interest) and pay a fine of the same amount when they re-enter Hong Kong, or face prosecution or refusal for entry, whether the authorities have assessed the feasibility of such proposal, and whether they will adopt it; if they will not, of the reasons for that?
Public Officer to reply : Secretary for Food and Health

13. Dr Hon Kenneth CHAN to ask: (Translation)


To support Hong Kong Football Association ("HKFA") in reforming and implementing its long-term development plan, the Government has, since 2011, provided funding to HKFA for implementing a three-year project – Project Phoenix ("the Project"). However, incidents of suspected manipulation of the results of the Hong Kong First Division League have been uncovered recently. Regarding the development of football in Hong Kong, will the Government inform this Council:
  • (1)whether it knows the respective aggregate expenditures of various programmes under the Project up to the present; of the objectives of the Project and how the programmes have been implemented at present; whether the authorities and HKFA have formulated follow-up plans on those programmes which have fallen short of the targets; if they have, of the details; if not, whether they will do so immediately; if they will, of the details; if not, the reasons for that;

    (2)whether the authorities and HKFA will conduct a comprehensive review of the Project after its completion in September this year; if they will not, of the reasons for that; if they will, the specific plan for and timetable of the review, and whether they will make public the review report; if they will not make public the report, of the reasons for that;

    (3)whether the authorities will continue to allocate resources and take specific measures to support the football development in Hong Kong after the completion of the Project; if they will, of the details; if not, the reasons for that;

    (4)whether it will, in response to the recent incidents of suspected manipulation of the results of football matches, adjust its policies for supporting football development; if it will, of the specific direction of adjustment and details of the policies concerned; if not, the reasons for that; whether the authorities and HKFA will take measures to strengthen the confidence of various stakeholders on football development in Hong Kong; if they will, of the details; if not, the reasons for that; and

    (5)as it has been reported that the authorities have once proposed to organize a "Chief Executive Cup" Football Tournament, whether the plan has been shelved; if so, of the reasons for that; if not, the benefits expected from such Tournament to football development in Hong Kong, and the current progress of the preparatory work for the Tournament?
Public Officer to reply : Secretary for Home Affairs

14. Hon Paul TSE to ask: (Translation)


In the Thematic Household Survey Report No. 53 published in November 2013, the Census and Statistics Department estimated that about 33 700 persons aged 15 and over in Hong Kong had received chiropractic treatment during the 12 months before enumeration, and about 70% of the respondents claimed that chiropractic treatment was effective. Also, relevant statistics in the United States indicated that low back pain ranked second among the most common causes for patients seeking medical services (with common cold ranking first). A chiropractic organization has pointed out that while the practising qualifications and the conduct of chiropractors have been brought under regulation since the Chiropractors Registration Ordinance (Cap. 428) came into operation in 1993 and chiropractic services have been proven to be of significant benefits in treating low back pain and other pains caused by chiropractic problems, the chiropractor profession has still been excluded from the public health system. The organization is of the view that this situation has not only wasted existing chiropractic talents, but also aggravated the staff shortage problem among other medical professions in public hospitals and lengthened the waiting time for consultation for the patients concerned. In this connection, will the Government inform this Council:
  • (1)whether it knows the number of attendances seeking treatment from the public health system due to low back pain and pains caused by chiropractic problems in each of the past three years; the specialist clinics to which the patients concerned were referred for follow-up, their average waiting time for treatment, and the manpower figures of the specialties concerned;

    (2)whether it knows the current number of registered chiropractors in Hong Kong; how many of them are working in public hospitals; whether the Strategic Review on Healthcare Manpower Planning and Professional Development conducted by the authorities in 2012 has studied: (i) the feasibility as well as the pros and cons of including chiropractic services in the public health system, and (ii) whether recruiting chiropractors, increasing their number and setting up a chiropractor specialty in a systematic manner can facilitate the treatment of patients suffering from the aforesaid pains in a more effective and time-saving way, thereby shortening unnecessary waiting and referral times as well as reducing the workload of doctors; if such studies have been conducted, of the outcome; if not, the reasons for that and whether such studies can be conducted immediately; and

    (3)as I have learned that a local university will start offering chiropractic-related programmes from 2015 onwards, whether the Government knows if the Hospital Authority ("HA") has conducted studies on absorbing the graduates of such programmes into the public health system; if HA has, of the arrangements?
Public Officer to reply : Secretary for Food and Health

15. Dr Hon LAM Tai-fai to ask: (Translation)


With the release of the "Consultation Document on the Methods for Selecting the Chief Executive in 2017 and for Forming the Legislative Council in 2016", the Government officially launched a five-month public consultation on 4 December last year. The Chief Executive stated in his Policy Address released last month that the Government "is committed to … achieving the objective of selecting the Chief Executive by way of universal suffrage in 2017 in strict compliance with the Basic Law and the Interpretation and Decisions of the Standing Committee of the National People's Congress, and after extensive public consultation … The Government will collate the views received and commence the 'Five-step Process' of constitutional development". Regarding constitutional development, will the Government inform this Council:
  • (1)whether it has sought legal advice on whether the civil nomination option proposed by pan-democrats contravenes the Basic Law and the relevant Interpretation and Decisions of Standing Committee of the National People's Congress; if it has, of the advice; if the advice is in the affirmative, of the details; if the advice is in the negative, the justifications for that;

    (2)whether it has discussed the constitutionality and models of operation of the civil nomination option with those organizations or political parties advocating the option; if it has, of the details; if not, the reasons for that;

    (3)whether, according to the analysis of the Government, the implementation of the "three-track nomination" option (i.e. candidature in the 2017 Chief Executive election can be obtained through any one of the three routes, namely civil nomination, nomination by political parties and nomination by a nominating committee) proposed by pan-democrats is (i) conducive to the balanced participation of all sectors and groups in society, (ii) conducive to the effective operation of the executive-led system, (iii) conducive to the maintenance of the long-term prosperity and stability of Hong Kong, and (iv) in compliance with the requirement for a broadly representative nominating committee; if it is, of the details; if not, the justifications for that;

    (4)whether it has discussed the constitutionality and feasibility of the three-track nomination option with the organizations or individuals advocating the option; if it has, of the details; if not, the reasons for that;

    (5)given that Article 45(1) of the Basic Law stipulates that "the Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government", whether the Government has studied the circumstances or criteria which should be adopted for deciding if the Chief Executive should be selected by election or through consultations; if it has, of the details; if not, the reasons for that;

    (6)given that Article 45(2) of the Basic Law stipulates that "[t]he method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures", whether the Government has sought legal advice on the definitions of or the relevant assessment criteria for the following terms: (i) "actual situation", (ii) "gradual and orderly progress", (iii) "broadly representative", and (iv) "democratic procedures"; if it has, of the legal advice;

    (7)given that some political parties and organizations have repeatedly indicated that for the selection method to be regarded as "genuine universal suffrage", there must be "no screening" in the method of nominating candidates for the selection of Chief Executive by universal suffrage, whether the Government has studied if such a remark is consistent with the Government's interpretation of "genuine universal suffrage"; if the study outcome is in the affirmative, of the details; if the study outcome is in the negative, the justifications for that;

    (8)given that the incumbent Dean of the School of Law of Tsinghua University, who is also a former member of the Basic Law Committee, has earlier pointed out that the universal suffrage system to be implemented in Hong Kong should achieve the dual objectives of preserving Hong Kong's "meritocracy" and safeguarding the interests of the business and industrial sectors, whether the Government has adopted these objectives in promoting constitutional development; if it has, of the details; if not, the reasons for that;

    (9)of the total number of consultation activities on constitutional development (including public forums and closed meetings) attended by government officials so far and the number of participants (set out in table form by type of activities);

    (10)whether it will step up public consultation efforts (especially on consultation activities targeting at young people and the academia) in the remaining time of the consultation exercise; if it will, of the details; if not, the reasons for that; and

    (11)whether the Government will invite pan-democrats to hold open debates on the options for constitutional development in the next stage of the consultation exercise; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

16. Dr Hon Elizabeth QUAT to ask: (Translation)


It has been reported that according to the latest report on the Surgical Outcomes Monitoring and Improvement Programme released by the Hospital Authority ("HA"), the performance of Prince of Wales Hospital ("PWH") in respect of urgent surgeries has been rated as unsatisfactory, with the actual death rate of the patients concerned being higher than the expected death rate. Analyses of HA revealed that the aforesaid situation might have been related to the low percentage of patients being admitted to the Intensive Care Unit ("ICU") ward after they had undergone urgent surgeries, which affected the post-surgery care for such patients. It has also been reported that some surgeons considered the use of beds in the ICU of PWH to be unsatisfactory, and it was heard that some patients of PWH had died as a result of not being offered intensive care. They also opined that the effect of the proposal to add more high dependency beds to the surgical wards, as put forth in the report, would be minimal for addressing the problem of shortage of hospital beds. However, the phase two redevelopment plan ("the redevelopment plan") of PWH has been much protracted because the relevant technical studies will not commence until the third quarter of this year, and the funding proposal will only be submitted, in July next year the earliest, to the meeting of the Government's Resource Allocation Exercise. In connection with the healthcare services of PWH, will the Government inform this Council:
  • (1)as some healthcare personnel have reflected the view that quite a number of departments of PWH have high bed occupancy rates (in particular the medical wards, with an occupancy rate once reaching 130%), but the commencement date for the redevelopment plan of PWH is still uncertain, whether the Government knows if HA will, in the light of the prolonged overcrowding in the wards of PWH, take measures to strive for commencing the studies concerned in the second quarter of this year so that the funding proposal can be submitted in time in July this year; if it will, of the details; if not, the reasons for that;

    (2)whether it knows if HA will take other measures to commence the redevelopment plan expeditiously so as to address the prolonged problem of insufficient hospital beds in PWH; if HA will, of the details; if not, the reasons for that; and

    (3)as some healthcare personnel have pointed out that the quality of the healthcare services has been affected by the problems of manpower shortage and insufficient number of hospital beds in PWH, and therefore PWH should concurrently enhance its healthcare manpower and increase the number of hospital beds, whether it knows if HA has assessed the long-term needs for the healthcare services of PWH; if it has, of the details, and whether HA will take any specific measure to ensure that PWH will appropriately co-ordinate its planning for human resources and the development of facilities so that these two areas will complement each other to cope with the increase in the demand for healthcare services; if HA will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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


It is learnt that intermediaries are required, apart from applying for an employment agency licence under the Employment Ordinance (Cap. 57), also to obtain a business accreditation certificate ("BAC") issued by the Consulate General of the Republic of Indonesia ("Indonesia") in Hong Kong before they may arrange domestic helpers from Indonesia (Indonesian domestic helpers or "IDHs") to come and work in Hong Kong. It has been reported that less than 30% of IDH intermediaries hold BACs ("accredited intermediaries"). Hence, some accredited intermediaries help unaccredited intermediaries to operate in the name of their branches through granting business concessions. Moreover, I have received complaints from quite a number of IDHs and their employers, who alleged that quite a number of IDH intermediaries required IDHs to surrender passports to them for retention. In addition, some intermediaries charged IDHs a handling fee or training fee of an amount equivalent to IDHs' six to nine months' wages, and required those IDHs who could not afford such fees to take out loans from their associated finance companies in Hong Kong at exorbitant interest rates as high as 40% per annum. In this connection, will the Government inform this Council:
  • (1)of the current number of IDH intermediaries in Hong Kong holding business registration certificates;

    (2)whether it knows the current number of accredited intermediaries in Hong Kong;

    (3)of the number of accredited intermediaries which submitted business registration applications with the names of proprietors/partners inconsistent with the names of proprietors/partners in their branch registration applications, in the past five years;

    (4)regarding accredited intermediaries helping unaccredited intermediaries' operation by granting business concessions, whether the Government has any measure to regulate this practice; if so, of the details; if not, the reasons for that;

    (5)whether it has any measure to eradicate the practice of accredited intermediaries helping unaccredited intermediaries apply for IDHs or in their operation; if so, of the details; if not, the reasons for that;

    (6)whether it is illegal for IDH intermediaries to require IDHs to surrender passports to them for retention; if so, of the relevant legislation that they have violated and the penalties for such offences; if not, whether it has assessed if such a practice of the intermediaries is sensible and reasonable;

    (7)whether there is any measure to eradicate the practice of intermediaries of charging foreign domestic helpers high fees in the name of handling fees or training fees; if so, of the details; if not, whether the Government is turning a blind eye to such a practice;

    (8)whether there is any measure under the existing regime to ensure that IDH intermediaries will take care of the rights and interests of IDHs during their employment in Hong Kong; if so, of the details, and whether it has assessed if the recent incident of suspected abuse of an IDH has indicated that such measures are ineffective; if such measures are not available, how the protection for the rights and interests of IDHs can be enhanced;

    (9)whether there is any measure to eradicate the practice of some Hong Kong finance companies in providing loans to IDHs and transferring such money to other people (such as intermediaries in Indonesia, etc.) before IDHs come to Hong Kong; if so, of the details; if not, the reasons for that; and

    (10)whether there is any measure to eradicate the situation of IDHs who owe debts to Hong Kong finance companies coming to work in Hong Kong, so as to prevent their employers from being embroiled in the matter and harassed by debt collectors; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

18. Hon Alice MAK to ask: (Translation)


The Civil Engineering and Development Department is currently developing in phases a cycle track network running through New Territories East and New Territories West (covering places such as Ma On Shan, Sha Tin, Tai Po, Fanling, Sheung Shui, Yuen Long, Tuen Mun and Tsuen Wan, etc.) with a total length of about 104 kilometres. However, some members of the public have pointed out that the authorities have not planned for similar cycle track networks on Hong Kong Island and in Kowloon, thus hindering the public from cycling in the urban areas for recreational and short-distance travelling purposes. In connection with the development of cycle track networks, will the Government inform this Council:
  • (1)of the respective total lengths and locations of the cycle tracks in various District Council ("DC") districts;

    (2)whether various DCs made proposals to the authorities for providing additional cycle tracks in the DC districts concerned in the past three years; if they did, of the details of the proposals and whether the authorities had accepted them; if the authorities did not accept them, the reasons for that;

    (3)of the current works progress of the provision of cycle tracks along the waterfronts in locations such as Kai Tak New Development Area, Tsuen Wan, southern part of the Tseung Kwan O Town Centre, northern part of Mui Wo, Central and Hong Kong Island East, with a breakdown by location;

    (4)whether it conducted, in the past three years, any study on the feasibility of providing cycle tracks on Hong Kong Island and in Kowloon (including waterfronts, except the locations mentioned in (3)); if it did, of the outcome of the study; if the study outcome is that it is feasible, of the implementation date; if no study has been conducted, the reasons for that; and

    (5)whether it will improve its bike-friendly policies (including encouraging public transport operators to introduce measures to facilitate passengers in carrying their bicycles on board, as well as considering afresh the development of a large-scale public bicycle-hiring service), so as to promote the function of bicycles as a mode of transport; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

19. Hon Abraham SHEK to ask: (Translation)


Some members of the construction industry have pointed out that the Construction Industry Council ("CIC") received an annual income of several hundred million dollars, including levies and government funding, in each of the past few years, but the programmes offered by CIC only train students to become semi-skilled workers, without training up a sufficient number of semi-skilled workers for the job types with keen manpower demand. In this connection, will the Government inform this Council:
  • (1)whether it knows the number of semi-skilled workers trained up by CIC in 2013, with a breakdown by job type;

    (2)whether it knows how CIC utilizes its income last year; of the measures put in place by the authorities to ensure that CIC utilizes its income effectively, including training up, in a timely manner, a sufficient number of workers for the construction industry in response to the manpower demand of the industry;

    (3)as the authorities plan to introduce a bill to amend the Construction Workers Registration Ordinance (Cap. 583) with a view to, inter alia, providing explicitly that CIC can make use of the levies collected under that ordinance and the Construction Industry Council Ordinance (Cap. 587) at its discretion for performing its various functions under the two ordinances to facilitate more effective use of resources, of the crux of the problem that hampers the effective use of such levies by CIC at present (and set out one by one), and how the proposed amendments can improve the efficiency of CIC in utilizing its resources and performing its functions;

    (4)as the findings of a survey conducted by the Hong Kong Construction Association at the end of last year show that there is a shortage of more than 10 000 skilled workers in Hong Kong at present and it has been reported that the Development Bureau has also advised the Labour Advisory Board that the construction industry would face an annual shortage of some 20 000 skilled workers in the coming four years, whether the authorities have new measures in place to address the manpower shortage of the construction industry; if they have, of the details and timetable; if not, the reasons for that; and

    (5)as there are views that most of the skilled workers in the construction industry are trained up by contractors themselves, whether the authorities have evaluated if CIC should respond closely to market needs by providing programmes for training skilled workers comprehensively?
Public Officer to reply : Secretary for Development

20. Hon KWOK Wai-keung to ask: (Translation)


It was reported that last month, fresh water supply in the Western District was suspended for five hours due to the burst of an underground fresh water main, and it was estimated that at least 40 000 residents and a large number of eateries were affected. Regarding the prevention of water mains from bursting and handling of such incidents, will the Government inform this Council:
  • (1)whether it has received complaints about the aforesaid incident; if it has, of the number of such complaints and their main contents; how the authorities followed up such complaints;

    (2)of the channels through which the authorities disseminate information on suspension of fresh water supply to the residents and eateries in the affected areas in general;

    (3)of the details of each incident of fresh water main bursting since January 2013, broken down by District Council ("DC") district, including (i) the location of the burst water main, (ii) the duration of the resultant fresh water supply suspension, and (iii) the number of years for which the water main concerned had been used; among such incidents, the number of those involving water mains which had been used for less than 30 years; and

    (4)given that the Water Supplies Department commenced the Water Mains Replacement and Rehabilitation ("R&R") Programme in 2000 to replace and rehabilitate aged water mains in phases, of the respective total length of water mains for which works have yet to start in various DC districts at present, and the relevant works schedules; whether the authorities will, upon completion of the R&R Programme in 2015, gradually replace and rehabilitate water mains with relatively shorter years of service (e.g. less than 30 years); whether the authorities at present carry out repairs and maintenance of such water mains on a regular basis; if they do, of the manpower and expenditure involved; if not, the reasons for that?
Public Officer to reply : Secretary for Development

21. Dr Hon CHIANG Lai-wan to ask: (Translation)


Some members of the public have relayed to me that the introduction of a number of schemes one after another by the Government to assist owners of old buildings in carrying out building inspections and repair works reflects that the problem of poor maintenance of old buildings in Hong Kong is serious, and many of such buildings even need to be redeveloped. In this connection, will the Government inform this Council:
  • (1)of the number of buildings in Hong Kong of three storeys or above that will be over 40 years old in the next 10 years, with a breakdown by District Council ("DC") district set out in Table 1;

    Table 1

    DC district Number of buildings
    2015201620172018201920202021202220232024
    Sham Shui Po                    
    Yau Tsim Mong                    
    Kowloon City                    
    Kwun Tong                    
    Wong Tai Sin                    
    Sai Kung                    
    Southern                    
    Central and Western                    
    Eastern                    
    Wan Chai                    
    Sha Tin                    
    Tai Po                    
    North                    
    Tsuen Wan                    
    Tuen Mun                    
    Yuen Long                    
    Kwai Tsing                    
    Islands                    


    (2)whether the authorities regularly conducted inspections on buildings over 40 years old in the past three years, so as to ascertain whether such buildings were structurally safe; if they did, of the frequency of such inspections; whether the authorities graded these buildings according to the inspection results (i.e. Category I: requiring emergency remedial works; Category II: with obvious defects found; Category III: with minor defects found; and Category IV: with no apparent defect); of the number of buildings which were inspected, with a breakdown by the grading of the buildings and DC district set out in Table 2;

    Table 2

    DC district Grading of the buildings
    Category ICategory IICategory IIICategory IV
    Sham Shui Po        
    Yau Tsim Mong        
    Kowloon City        
    Kwun Tong        
    Wong Tai Sin        
    Sai Kung        
    Southern        
    Central and Western        
    Eastern        
    Wan Chai        
    Sha Tin        
    Tai Po        
    North        
    Tsuen Wan        
    Tuen Mun        
    Yuen Long        
    Kwai Tsing        
    Islands        


    (3)whether it knows the number of applications under the Demand-led Redevelopment Project (Pilot Scheme) which were rejected by the Urban Renewal Authority ("URA") in the past five years, and the justifications for rejecting such applications, with a breakdown by the name of the building concerned set out in Table 3;

    Table 3

    Name of the building Justification(s) for rejecting the applications
       
       
       


    (4)whether it knows the profit/loss status of the projects completed by URA in the past five years; whether the authorities have reviewed the reasons for the loss incurred in some of these projects and formulated remedial measures accordingly, with the relevant information set out in Table 4;

    Table 4

    Project title Profit/Loss Reasons for incurring loss
    (if applicable)     		Remedial measures
    (if applicable)
           
           
           


    (5)whether it will take measures to expedite the progress of redevelopment of old buildings; if it will, of the details; if not, the reasons for that; and

    (6)whether it has considered acquiring and consolidating sites in old district to form sites of larger area for carrying out urban renewal projects, so as to avoid constructing high-rise buildings on small sites (commonly known as "toothpick-like buildings", "blade-like buildings"); if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

22. Hon CHAN Chi-chuen to ask: (Translation)


The Hospital Authority ("HA") has implemented the Elderly Suicide Prevention Programme ("the Programme") since 2002 to provide multi-disciplinary services to elderly people with suicidal tendency at psychogeriatric fast track clinics. The Programme adopts a two-tier service model under which the provision of the first-tier service relies on frontline staff, including healthcare personnel, social workers and staff of voluntary agencies, to early detect and screen elderly people with suicidal tendency, and refer them to receive service at the second tier, where psychiatrists provide them with specialist treatment. In this connection, will the Government inform this Council if it knows:
  • (1)the number of elderly people who, before committing suicide, contacted the frontline staff at the first tier in the past five years but were not referred to receive the second-tier service;

    (2)the number of elderly people with suicidal tendency who received services under the Programme, and the respective numbers of elderly people who gave up the idea of committing suicide and committed suicide ultimately after treatment, in each of the past 10 years (set out in the table below); and

    Year Number of service recipients Number of people who gave up the idea of committing suicide Number of people who committed suicide ultimately
    2013      
    2012      
    2011      
    2010      
    2009      
    2008      
    2007      
    2006      
    2005      
    2004      


    (3)whether HA regularly reviewed and improved the Programme in the past five years; if it did, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

III. Members' Motions



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

Hon Cyd HO to move the following motion:

Resolved that in relation to the Air Pollution Control (Marine Light Diesel) Regulation, published in the Gazette as Legal Notice No. 2 of 2014, and laid on the table of the Legislative Council on 22 January 2014, 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 19 March 2014.

2.Motion of Thanks

Hon Andrew LEUNG to move the following motion: (Translation)

That this Council thanks the Chief Executive for his address.

Amendments to the motion
(i)Hon Frederick FUNG to move the following amendment: (Translation)

To add ", but expresses deep regret that the address prescribes wrong medicine indiscriminately and distributes resources unevenly, including failing to set poverty eradication targets, neglecting the needs of the middle class, adopting a difficult rather than an easy approach to land development, adamantly refusing to make effective use of idle military sites and lands reserved for small house development, lacking an integrated plan for redeveloping old public housing estates, even rashly introducing the Pilot Scheme for Arbitration on Land Premium to transfer benefits to property developers, and blindly increasing the overall domestic plot ratio which affects people's quality of life; that the Chief Executive fails to honour his election pledge, including abolishing the offsetting mechanism under the Mandatory Provident Fund Scheme, formulating standard working hours and implementing 15-year free education, etc.; and that the address conceals failures but boasts of achievements, failing to rectify the partiality and omissions of governance, such as turning a deaf ear to the dissension and serious division of society, refusing to identify inadequacies of governance, and failing to undertake to strive for the realization of genuine universality and equality and no screening for the Chief Executive Election and the Legislative Council Election" immediately before the full stop.

(ii)Hon SIN Chung-kai to move the following amendment: (Translation)

To add ", but expresses regret that the address fails to put forward concrete measures to uphold core values such as human rights, freedom, democracy, the rule of law and probity, etc.; this Council urges the Administration to rationalize the relationship between the Executive and the Legislature to manifest that the SAR Government is accountable to the Legislative Council, and put forward a constitutional reform package for the Chief Executive Election and the Legislative Council Election which complies with the principle of 'universal and equal' suffrage under Article 25 of the International Covenant on Civil and Political Rights, so as to establish an electoral system with no political screening, allowing people with different political views to stand for the elections" immediately before the full stop.

(iii)Hon Cyd HO to move the following amendment: (Translation)

To add ", at the same time expresses deep regret that, amid the revival of corruption and reduction of room for free speech in Hong Kong, the address does not undertake to fight against corruption and uphold core values such as freedom of the press and of speech, etc., nor does it even demonstrate determination to implement genuine universal suffrage" immediately before the full stop.

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

To add ", but expresses deep regret that the address fails to put forward long-term social welfare planning, and requests the Government to implement long-term and comprehensive social welfare planning, relaunch a white paper on social welfare, abolish the Lump Sum Grant Subvention System and reinstate the old subvention system which is based on reimbursement, reinstate 'equal pay for equal work' and the same system of recognition of years of experience for staff of subvented social welfare service organizations and government staff, and re-set the manpower establishment of such organizations" immediately before the full stop.

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

To add ", but expresses regret that the Chief Executive fails to honour his undertaking to 'adopt measures to progressively reduce the proportion of accrued benefits attributed to employer's contribution in the MPF account that can be applied by the employer to offset long-service or severance payments' as set out in his election manifesto, and urges the Government to expeditiously introduce the relevant bill, in an endeavour to complete the work on enacting the legislation within the term of the current Legislative Council" immediately before the full stop.

Amendment to Hon LEE Cheuk-yan's amendment
Hon WONG Kwok-kin to move the following amendment: (Translation)

To delete "expresses regret that" after ", but" and substitute with "calls on"; and to delete "fails" before "to honour his undertaking".

(vi)Dr Hon Fernando CHEUNG to move the following amendment: (Translation)

To add ", but expresses deep regret that the address fails to draw up concrete poverty eradication targets, and the Chief Executive also expressly indicates that it is impossible to eradicate poverty, which show the Government's lack of sincerity and determination to eradicate poverty; that the address proposes an exceedingly high working hour threshold for the Low-income Working Family Allowance, and makes no additional allowance for the elderly and persons with disabilities; and that the address fails to face up to the increasingly serious problem of sub-divided units, and the progress of public rental housing construction as reported does not obviously accelerate, and the Chief Executive refuses in the address to formulate any measures on rent control and protection for security of tenure, thereby rendering many people to continue to live in poor environment" immediately before the full stop.

Public Officers to attend are listed in the Appendix.

Clerk to the Legislative Council