A 13/14-27

Legislative Council

Agenda

Wednesday 21 May 2014 at 11:00 am

I. Tabling of Papers



Subsidiary Legislation / InstrumentsL.N. No.
1.Telecommunications (Method for Determining Spectrum Utilization Fee) (Administratively Assigned Spectrum in the 1.9-2.2 GHz Band) Regulation58/2014
2.Telecommunications (Determining Spectrum Utilization Fees by Auction) (Amendment) Regulation 201459/2014
3.Telecommunications (Method for Determining Spectrum Utilization Fees) (Third Generation Mobile Services) (Amendment) Regulation 201460/2014
4.Public Health and Municipal Services Ordinance (Civic Centres) (Amendment of Thirteenth Schedule) Order 201461/2014

Other Papers

1.No. 102-The 25th Report on the Work of the Advisory Committee on Post-service Employment of Civil Servants
(1 January - 31 December 2013)
(to be presented by Secretary for the Civil Service)

2.No. 103-Report of changes made to the approved Estimates of Expenditure during the fourth quarter of 2013-14
Public Finance Ordinance: Section 8
(to be presented by Secretary for Financial Services and the Treasury)

3.Report of the Bills Committee on Dutiable Commodities (Amendment) Bill 2014
(to be presented by Prof Hon Joseph LEE, Chairman of the Bills Committee)

II. Questions for Written Replies



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


It has been reported that St. Margaret’s Girls’ College, Hong Kong on Caine Road, Central has decided to cease operation gradually from September this year as it cannot afford the drastic increase in the rental of its school premises. It has stopped admitting Secondary One (“S1”) students and is discussing the relevant arrangements with the Education Bureau (“EDB”). In the new school year, the school will be relocated to its temporary school premises in Shatin and will continue to operate until all its existing students have graduated. There are comments that this incident reveals that direct subsidy schools (“DSSs”) which need to rent private premises as their school premises are susceptible to relocation or closure at any time as a result of rental problems. In this connection, will the Government inform this Council:
  • (1)whether it knows the current number of DSSs operating in leased school premises, and set out by name of the school concerned the lease periods, the rental levels and the names of the landlords of the school premises;

    (2)when EDB received notification from the aforesaid school of its planned closure, as well as details of the follow-up work carried out and the specific arrangements made; whether EDB requested the school to consult the students and parents on its decision on closure; if it did, of the details; if not, the reasons for that;

    (3)whether it has assessed how the closure of the aforesaid school will affect the supply of secondary school places in the Central and Western District, and whether the female students in the district who are progressing to S1 will need to attend schools in other districts as a result; if it has assessed and the outcome is in the affirmative, of the details and whether the Government will take measures to assist the female students in the district who are progressing to S1 in being admitted to schools in the same district; and

    (4)whether it will consider afresh assisting the aforesaid school immediately in searching for permanent school premises, so that the school can continue to operate, thereby addressing the aspirations of the parents and students; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Education

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


Earlier on, archaeologists have unearthed monuments and antiques, including‍ ancient wells, ceramic shards, coins and stone structures of the Song and Yuan Dynasties, at the construction sites of the MTR Shatin to Central Link ("SCL") in To Kwa Wan, and the related works have been affected as a result. In this connection, will the Government inform this Council:
  • (1)whether it has assessed the prospects of unearthing new monuments and antiques at the SCL construction sites; if the assessment outcome‍ indicates that the prospects are low, whether it has assessed if ‍the SCL construction works can be completed on schedule; if the assessment outcome indicates that the works cannot be completed on schedule, for how long the completion date of the project will be postponed;

    (2)whether it knows the details of the monuments and antiques which have been destroyed at or removed from the SCL construction sites;

    (3)of the preservation proposal for the aforesaid ancient wells and the measures in place to ensure that the monuments and antiques unearthed‍ at the SCL construction sites will not be destroyed further;‍

    (4)whether it knows if in-situ preservation of the aforesaid ancient wells‍ will have any impact on the SCL railway alignments; if there will be impacts, whether the travelling time of that railway line will increase as a result; and

    (5)whether the Antiquities and Monuments Office or the MTR Corporation Limited is responsible for coordinating the surveys of the‍ aforesaid ancient wells; which of these two institutions assumes a leadership role in handling the relevant matters and whether a mechanism is in place to coordinate their work?
Public Officer to reply : Secretary for Development

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


On 15 April this year, the MTR Corporation Limited ("MTRCL") announced the newly revised works schedule of the project to construct the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL"), a project with an estimated expenditure of $66.8 billion, stating that the commissioning date had to be postponed from 2015 to 2017. MTRCL explained that the causes for the delay of the XRL project included the inclement weather and difficult geological conditions. It has been reported that the West Kowloon Cultural District ("WKCD") project, which is adjacent to the West Kowloon Terminus of XRL, has also been affected and the construction works of some of the facilities will be delayed. The Board of Directors of MTRCL announced on 29 April that an Independent Board Committee would be set up to review the managerial approach of the XRL project comprehensively. Yet, some members of the public have criticized that as all members of the Independent Board Committee are independent non-executive directors of MTRCL, the investigation is "an investigation conducted by peers" that lacks independence. On 2 May, the Government announced that a three-person independent expert panel would be set up to conduct a comprehensive examination of the delay of the project, but the Chairperson-designate resigned from the panel for alleged conflict of interests a few hours after his appointment was announced by the Government. In this connection, will the Government inform this Council:
  • (1)whether it has assessed the respective numbers of days of delay in the XRL project caused by the inclement weather and difficult geological conditions;

    (2)whether it has assessed if the Government needs to apply to the Finance Committee of this Council for supplementary provisions for the XRL project; if the assessment outcome is in the affirmative, when it will submit the application and the amount involved; if the assessment outcome is in the negative, the reasons for that;

    (3)given that documents submitted by MTRCL to this Council have revealed that on 21 November 2013, senior officials of the Transport and Housing Bureau ("THB") had a telephone conversation and a meeting with the senior management of MTRCL, and at that meeting MTRCL told THB that commissioning XRL under an "extended" Minimum Operating Requirement ("MOR") concept in 2015 was still possible ("the information") but THB explicitly questioned this "extended" MOR and did not agree to it, (i) why the Government did not announce the information immediately, (ii) of the person who decided not to announce the information, (iii) whether it was mentioned in the telephone call and meeting that the XRL project had a cost overrun (if it was, of the details), and (iv) why the Secretary for Transport and Housing ("the Secretary") did not attend that meeting;

    (4)whether it has assessed if there was dereliction of duty on the part of the Secretary in the delay of the XRL project, and how the Secretary should discharge his political responsibility under the Political Appointment System;

    (5)whether it has assessed if members of the public accepted the explanations and apologies made by the Secretary for his handling of the delay of the XRL project; if it has assessed, of the outcome; if not, the reasons for that;

    (6)whether it has assessed the impacts of the delay in the XRL project, including (i) if it has given rise to discontent among members of the public towards the Government; (ii) if members of the public have lost their confidence in MTRCL and the Government; (iii) the economic losses caused to Hong Kong; and (iv) the impacts on the progress of the WKCD project; if it has assessed, of the outcome; if not, the reasons for that;

    (7)whether it will demand MTRCL to dismiss its Chief Executive Officer and other senior staff members who have been found derelict in their duties, instead of letting them depart upon expiry of their contracts; if it will, when it will make such a demand; if not, the reasons for that;

    (8)whether it has proposed any remedial plan to MTRCL to deal with the delay in the XRL project, so as to mitigate the adverse impacts of the delay; if it has, of the details; if not, the reasons for that;

    (9)whether it has discussed with the mainland authorities the delay of the XRL project, so as to avoid affecting the connection of the boundary control points of both sides and causing other problems; whether it has assessed the impact of the delay on the economies of Hong Kong and the Mainland as well as the integration between the two places; if it has assessed, of the outcome; if not, the reasons for that;

    (10)whether it will demand MTRCL to reorganize the Independent Board Committee to enhance its independence; if it will, of the details; if not, the reasons for that;

    (11)when it made the decision to appoint the independent expert panel; whether it has explained to the panel members their specific scope of work prior to their appointments; if it has, of the details; if not, the reasons for that; and

    (12)when the independent expert panel is expected to complete its investigation; whether it will publicize the investigation report in full; if it will, of the time of publication; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

4. Hon Paul TSE to ask: (Translation)


The Chief Executive ("CE") and some principal officials, such as the Financial Secretary ("FS") and the Secretary for Development ("SDEV"), have been using blogs to make comments from time to time in recent years. For instance, FS posted a blog entry entitled "Turn back and you are ashore" on the 11th of this month, commenting that the "filibustering" at meetings of this Council by some Members during the scrutiny of the Appropriation Bill ("the Bill") had affected various public services and the daily lives of the people. FS further pointed out that since the Government would defer its allocation of funds for June to public organizations should the Bill not be passed on schedule, the Hospital Authority ("HA") had invested its liquid capital in shorter-term bank deposits in order to avoid its daily operation being affected by the delay in funding allocation. It was estimated that the interest foregone by HA would be around $1 million and this would be the first instance of actual loss of public funds caused by the "filibusters" this year. On the other hand, it is noted that a Member of this Council criticized earlier on that a number of principal officials were only good at writing blog posts behind closed doors like "otakus" and refused to give an account of the Government's views openly in person. In this connection, will the Government inform this Council:
  • (1)of the role of the blogs of CE and the principal officials in policy implementation by the Government; whether the blogs are used as official channels through which the Government announces its policies and relevant policy amendments as well as disseminates its information to the public;

    (2)whether CE, FS and SDEV have communicated with one another to achieve a uniform stance before posting their respective blog entries each time; if they have, of the communication procedure; if not, the reasons for that;

    (3)whether comments made by the principal officials in their blogs represent the stance of the Government;

    (4)whether it has studied if it is more appropriate to deliver the aforesaid blog comments at a press conference or in a press release instead of publishing them as a blog post, having regard to the fact that most members of the public do not have the habit of browsing web sites and blog posts every day; if it has, of the results of its study; if not, whether it will conduct such a study;

    (5)whether CE and the principal officials have adopted uniform criteria in determining the circumstances under which blogs, instead of the Government's prevailing channels, are to be used to disseminate information to the public; and

    (6)of the respective numbers of staff members in the Office of CE and the offices of the principal officials who are responsible for blog-related duties (including information collation, writing and posting blog entries), as well as the manpower and resources earmarked for such duties in 2014-2015?
Public Officer to reply : Secretary for Home Affairs

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


The MTR Corporation Limited ("MTRCL") announced on 15 April this year that the completion of the project to construct the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL project") would be delayed to 2016, and XRL would not be commissioned until 2017. It has been reported that there would be delay in the completion of the West Kowloon Cultural District ("WKCD") project due to the delay of the West Kowloon Terminus works of XRL. At the meeting of the Subcommittee on Matters Relating to Railways of this Council ("the Subcommittee") held on the 5th of this month, the Secretary for Transport and Housing and representatives of MTRCL informed Members of this Council of the latest position of the XRL project. Based on the information available and the financial analysis conducted to date, the latest projected cost of the XRL project is about $68.4 billion, which exceeds the original funding of $65 billion allocated to MTRCL by $3.4 billion. The detailed cost estimate was expected to be completed in July this year. In this connection, will the Government inform this Council:
  • (1)as MTRCL has indicated that the progress of the XRL project has been affected by the serious damage caused to a tunnel boring machine ("TBM") in the Yuen Long tunnel section during a rainstorm, whether it knows the details of the impact;

    (2)given that a paper presented by MTRCL at the aforesaid Subcommittee meeting indicates that difficult ground conditions have been encountered in the construction of the Huanggang to Mai Po Tunnels, whether it has looked into the reasons why MTRCL had failed to timely discover the said ground conditions during the trial pit investigations;

    (3)as it was reported that in March last year, when tunnel boring works under the XRL project were being carried out at Tai Kok Tsui, the tunnel boring machine came across some H-shaped piles which obstructed the works, whether the Government knows the number of similar incidents that happened during the implementation of the XRL project, the details of such incidents and their impacts on the progress of the project;

    (4)whether it knows how MTRCL calculated the aforesaid latest projected cost of HK$68.4 billion; and

    (5)whether the existing project vote of the WKCD project can absorb the additional costs caused by the delay of the XRL project; if it cannot, of the Government's specific timetable for seeking the approval of the Finance Committee of this Council for a supplementary provision?
Public Officer to reply : Secretary for Transport and Housing

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


PMQ is a revitalization project implemented at the former Police Married Quarters on Hollywood Road. After the Secretary for Development replied to my question on PMQ on the 8th of this month, quite a number of members of the public, tenants of PMQ and conservation organizations have relayed to me that some parts of the reply are disputable. In addition, it has recently been reported by the media that the PMQ Management Company Limited ("the management company") has faults in managing the project. In this connection, will the Government inform this Council:
  • (1)as the Government indicated in its reply that 90% of the 130 or so studio units and eight commercial units at PMQ had been leased out, whether the Government knows the number of studio and commercial units which had opened for business on each floor at present;

    (2)as the Government indicated in its reply that the management company had, in view of the actual circumstances, decided that the commencement of the rental periods for the studio units should be revised to start from 1 May 2014, if the Government knows:

    (a)what "the actual circumstances" refer to and whether they include requests initiated by the tenants and offers initiated by the management company;

    (b)whether the management company has informed all the tenants of the aforesaid decision; if it has, of the means and date; if not, the reasons for that;

    (c)whether the management company had, prior to making the aforesaid decision, requested tenants to pay rents and open for business from April this year; if it had, of the number of tenants involved; and

    (d)whether any tenant has paid for the rents for April this year earlier on; if so, of the number of such tenants, and whether the management company will refund to them the rents for April;

    (3)whether it knows if Chocolate Rain, a local brand, is a tenant of PMQ and if its persons-in-charge/shareholders are members of the tenant selection committee; if the answers to both questions are in the affirmative, of the justification of the Government for stating that "no conflict of interest was found during the tenant selection process" in its reply;

    (4)as the Government indicated in its reply that the first eatery in PMQ had opened for business at the end of April, whether the Government knows the name, location, opening date, business hours and type of catering service of the said eatery;

    (5)as some members of the public have complained that the glass podium floor, the transparent staircases in the main building and the glass fences of PMQ have become black spots where women may be peeped on, whether the Government has requested the management company to follow up on the problem and make improvements immediately; if it has, of the details; if not, the reasons for that;

    (6)as the Government indicated in its reply that there were 71 000 people visiting PMQ for the first 13 days since its partial opening in mid-April, whether the Government knows the number of female visitors among them; whether it has assessed the number of female visitors who were affected by the problem referred to in (5);

    (7)whether it knows if PMQ has solicited a number of famous brands and bars to be its tenants; if PMQ has, whether the Government has evaluated if this practice runs against the Government's policy objective to conserve the historic building; and

    (8)whether it knows if any eateries at PMQ have been issued with liquor licences; if they have, of the dates of issuance and number of the licences issued; whether the authorities concerned have consulted the residents in the local community and conducted assessment on the impacts of alcohol sale at PMQ on such residents when considering the relevant licence applications; if they have not, of the reasons for that?
Public Officer to reply : Secretary for Development

7. Hon Starry LEE to ask: (Translation)


Section 6(1)(b) of the Places of Public Entertainment Ordinance (Cap. 172) provides that any person who sells, or offers or exhibits or has in his possession for sale, or solicits the purchase of, any ticket authorizing admission to any place of public entertainment licensed under this Ordinance at a price exceeding the amount fixed by the proprietor or manager of such place or by the organizer of the activity held therein shall be guilty of an offence and shall be liable on conviction to a fine of $2,000 (such tickets are commonly known as "scalped tickets"). It has been reported in some social networking web sites that in recent years, ticket scalping syndicates hire large numbers of South Asians to queue up overnight at various ticket selling points for buying tickets for scalping. This shows that ticket scalping activities are becoming more organized and sophisticated in division of labour. It has also been reported that the penalty against ticket scalping is too lenient, which is far from adequate to curb such activities. In this connection, will the Government inform this Council:
  • (1)of the respective numbers of reports received and prosecutions instituted by the Police about ticket scalping activities, the number of persons convicted for carrying out such activities, the penalty imposed on such persons in general, as well as the total value of the admission tickets involved, in each of the past three years;

    (2)of the numbers of reports on ticket scalping received and prosecutions instituted by the Police about ticket scalping activities in respect of the soccer exhibition match between Kitchee and Manchester United held in July last year, the Hong Kong Sevens held in March this year, and the concert by the Taiwanese band Mayday held in this month; the number of persons convicted for carrying out such activities, the penalty imposed on such persons in general as well as the total value of the admission tickets involved;

    (3)whether it has conducted any study to find out if ticket scalping activities has become more organized and sophisticated in division of labour in recent years; if so, of the outcome;

    (4)whether police officers disguised as customers (commonly known as "covert operations") were deployed in the past three years to combat ticket scalping activities on the Internet; if so, of the details; if not, the reasons for that; whether it will step up law enforcement actions by, for instance, increasing the frequency of "covert operations"; if so, of the details; if not, the reasons for that;

    (5)whether it will review the penalty for ticket scalping to enhance its deterrent effect; and

    (6)whether it will make reference to the relevant practices on the Mainland and encourage organizers of mega events to sell their tickets by way of "real name registration", under which ticket purchasers are required to provide the names of the entrants for printing on the tickets at the time of ticket purchase, and ticket holders whose names are different from those shown on the tickets will be denied entry, so as to curb ticket scalping activities; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

8. Hon IP Kin-yuen to ask: (Translation)


Quite a number of the teaching staff members of the member institutions ("institutions") of the Vocational Training Council ("VTC") have expressed the concern that given the continuous decline in the number of secondary school graduates in recent years, the institutions in which they work may reduce manpower due to a decrease in student intake. They have pointed out that as the numbers of teachers to those of students ("T/S ratios") of various institutions have dropped continuously in the past few years, any further reduction in manpower will not only increase the workload of the remaining teaching staff, but also affect teaching quality. Regarding the staff establishment of VTC and its institutions, will the Government inform this Council whether it knows:
  • (1)the respective T/S ratios of the Hong Kong Institute of Vocational Education, Hong Kong Design Institute, School of Business and Information Systems as well as the Youth College under VTC in 2000-2001, 2005-2006, 2010-2011, 2013-2014 and the next academic years respectively; the methods and criteria adopted by VTC for determining the T/S ratios of these institutions; whether the T/S ratios of these institutions have been adjusted after the 2000-2001 academic year; if so, of the reasons for such adjustments; and the long-term plans of VTC to raise the T/S ratios of these institutions;

    (2)the (i) numbers and (ii) starting salaries of the teaching and supporting staff of various ranks for different disciplines/programmes of each of the four institutions mentioned in (1), as well as (iii) the numbers of students of such programmes, in each of the past five and the next academic years (set out the relevant information in tables of the same formats as Tables 1 to 4 below); the policies and methods adopted by VTC for determining the staff establishment of and the starting salaries of various ranks for such disciplines/programmes; and

    Table 1: Hong Kong Institute of Vocational Education

    Discipline/ Programme2009-2010
    Head of DepartmentPrincipal LecturerSenior LecturerLecturerTutorTeaching AssociateResearch AssistantInstructorNumber of Students
    (i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(iii)
    Applied Science                 
    Engineering                 
    Information Technology                 
    Business Administration                 
    Hotel, Service and Tourism Studies                 
    Design                 
    Child Education and Community Services                 
    Languages                 

    Table 2: Hong Kong Design Institute

    Discipline/ Programme2009-2010
    Head of DepartmentPrincipal LecturerSenior LecturerLecturerTutorTeaching AssociateResearch AssistantInstructorNumber of Students
    (i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(iii)
    Design Foundation Studies                 
    Communication Design and Digital Media                 
    Fashion and Image Design                 
    Product and Interior Design                 

    Table 3: School of Business and Information Systems

    Discipline/ Programme2009-2010
    Head of DepartmentPrincipal LecturerSenior LecturerLecturerTutorTeaching AssociateResearch AssistantInstructorNumber of Students
    (i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(iii)
    Yi Jin Diploma Programme                 

    Table 4: Youth College

    Discipline/ Programme2009-2010
    Head of DepartmentPrincipal LecturerSenior LecturerLecturerTutorTeaching AssociateResearch AssistantInstructorNumber of Students
    (i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(i)(ii)(iii)
    Business and Services                 
    Engineering                 
    Design and Technology                 

    (3)the respective names of the administrative units newly added to VTC Headquarters and the numbers of posts with pay levels equivalent to those of senior lecturers or above in such units, in each of the past three and the next academic years?
Public Officer to reply : Secretary for Education

9. Hon Tony TSE to ask: (Translation)


The Residential Properties (First-hand Sales) Ordinance (Cap. 621), which has been fully implemented since 29 April 2013, provides that property sizes and per-square-foot/per-square-metre property prices may only be quoted on the basis of saleable area ("SA") in sales brochures, price lists and advertisements of completed and uncompleted first-hand residential properties. In addition, the Estate Agents Authority ("EAA") issued a practice circular in May 2012, requiring estate agent practitioners to provide their clients of second-hand residential properties with area and price information on SA with effect from 1 January 2013. In reply to the question of a Member of this Council on 23 January 2013, the Secretary for Transport and Housing stated his belief that gradually, the second-hand residential property market would present floor area and price information of properties predominantly in SA only. In this connection, will the Government inform this Council:
  • (1)whether it knows the number of cases of contravention of the aforesaid practice circular by estate agents which EAA uncovered since it issued the circular, and the number of relevant complaints EAA received; of the follow-up actions taken by EAA on such cases;

    (2)whether it has assessed the latest situation of the second-hand residential property market "gradually presenting floor area and price information of properties predominantly in SA only" and when that goal will be reached; if it has assessed, of the outcome; if not, the reasons for that and whether it will conduct such an assessment;

    (3)whether it will extend the ambit of the requirement that "property sizes and per-square-foot/per-square-metre property prices may only be quoted on the basis of SA" to cover second-hand residential properties, so that there is a uniform requirement in the residential property market; if it will, of the details and implementation timetable; if not, the reasons for that; and

    (4)whether it has assessed the prospective changes to the significance, role and function of gross floor area in the residential property market; if it has assessed, of the outcome and corresponding measures; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

10. Prof Hon Joseph LEE to ask: (Translation)


Regarding the resource allocation mechanism of the Hospital Authority ("HA"), will the Government inform this Council if it knows:
  • (1)the criteria currently based on which HA determines the financial and manpower resources to be allocated to various public hospitals;

    (2)whether HA has based on some criteria in determining the financial and manpower resources allocated to various public hospitals for the provision of nursing services; if so, of the details; if not, the reasons for that;

    (3)the estimates of expenditure made by various public hospitals in respect of the provision of nursing services and the respective amounts of funding allocated to them in the past five years, and whether there was any surplus funding; if so, of the approach adopted for dealing with the surplus funding; and

    (4)whether HA has considered establishing an independent funding allocation system for nursing services, so that the respective Cluster General Managers (Nursing) of the various hospital clusters can deploy and use the funding flexibly to assist the hospitals in need and the relevant departments in enhancing their nursing services; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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


Earlier on, service disruptions of the MTR East Rail Line due to failures in the signalling system occurred one after another, and there were also similar service disruptions of the Ma On Shan Line. Under the existing requirements, the MTR Corporation Limited ("MTRCL") is required to notify the Transport Department within eight minutes of any service disruption incident which has lasted for eight minutes or is expected to last for eight minutes or more. Moreover, according to the service performance arrangement ("the Arrangement") under the Fare Adjustment Mechanism ("FAM") of MTRCL, a fine will be imposed on MTRCL for any service disruption of 31 minutes or more, and the fines must be used for the provision of fare concessions to passengers. There are comments that despite making a profit as large as $13.2 billion last year and having frequent service disruptions, MTRCL has still managed to increase its fares by 3.6%, which reveals that there are problems with the existing mechanism. In this connection, will the Government inform this Council:
  • (1)whether it knows the respective numbers of incidents of disruption in the services of the East Rail Line and Ma On Shan Line in the year ending April 2014, with a breakdown by railway line and duration of service disruption (i.e. (i) less than eight minutes, (ii) eight minutes to less than 31 minutes, and (iii) 31 minutes or more); among such incidents, of the respective numbers of those that were caused by (iv) equipment failures; (v) staff's behaviours; (vi) passengers' behaviours and (vii) inclement weather; the amount of fines to be paid by MTRCL for such disruptions;

    (2)whether it knows if MTRCL has investigated if the signalling systems of the two aforesaid railway lines are ageing; if the investigation outcome is in the affirmative, whether MTRCL has any plans to replace the entire signalling systems; if so, of the details; if not, the reasons for that;

    (3)whether it knows if MTRCL has investigated if the ageing of the train systems and their parts as well as the failures of newly installed parts were involved in the aforesaid incidents; whether MTRCL has plans to replace the relevant systems as well as increase the number of maintenance staff and the frequency of inspections on such systems; if MTRCL has such plans, of the details; if not, the reasons for that; whether the authorities will consider requiring MTRCL to allocate a specified percentage of its operating expenditure to repair and maintenance work;

    (4)whether the authorities will take any follow-up action (including imposition of fines on MTRCL) in respect of MTRCL's making public the service disruption incident of the East Rail Line on the 27th of last month only after it had occurred for nearly 20 minutes;

    (5)whether it knows at present, how many minutes after a railway service has been disrupted will MTRCL provide free shuttle bus services for its passengers; in the year ending April 2014, of the respective numbers of times for which MTRCL provided free shuttle bus services during service disruptions of the two aforesaid railway lines;

    (6)whether it will revise the existing Arrangement to stipulate the imposition of a fine for any railway service disruption lasting eight minutes or more, and to introduce a penalty arrangement for the progressive reduction of the salaries of MTRCL's management personnel according to the number of service disruptions; and

    (7)whether it will review afresh the existing FAM of MTRCL to include the number of service disruptions as one of the considerations for the rate of fare adjustment, so as to avoid the situation of MTRCL raising its fares substantially despite frequent occurrence of railway service disruptions?
Public Officer to reply : Secretary for Transport and Housing

12. Hon Albert HO to ask: (Translation)


It is reported that there has been an upward trend in the number of cases of patients being infected in public hospitals with antibiotic-resistant bacteria (including extended-spectrum beta-lactamase-producing organisms, carbapenem-resistant Acinetobacter baumannii and methicillin-resistant Staphylococcus aureus) in recent years. In this connection, will the Government inform this Council if it knows:
  • (1)a breakdown by hospital cluster of the number of cases of patients being infected in public hospitals with any of the aforesaid three bacteria in the past three years;

    (2)whether the Hospital Authority ("HA") has studied the reasons for the increase in the number of the aforesaid infection cases; if it has, of the results; if not, the reasons for that; and

    (3)whether HA has formulated new measures to prevent bacterial infection of patients in public hospitals; if it has, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

13. Hon Cyd HO to ask: (Translation)


Regarding the statistics on owner-occupier households at year-end in each of the past 10 years, will the Government inform this Council:
  • (1)of the respective numbers of owner-occupier households in public and private housing; and

    (2)among the owner-occupier households in private housing, of the respective numbers of those who (i) did not own any other residential unit, (ii) owned another residential unit, and (iii) owned two or more other residential units?
Public Officer to reply : Secretary for Transport and Housing

14. Dr Hon Helena WONG to ask: (Translation)


To prevent and control human infections of avian influenza A (H7N9), the authorities conduct tests at the Man Kam To Animal Inspection Station for H7 avian influenza on samples taken from imported live chickens, and allow these live chickens to be delivered to the Cheung Sha Wan Temporary Wholesale Poultry Market ("the Wholesale Market") while awaiting the test results. In January this year, avian influenza viruses were found in the samples from a batch of imported live chickens. As a result, the authorities culled more than 20 000 local and imported live chickens in the Wholesale Market and closed it for 21 days. On 29 January, the Panel on Food Safety and Environmental Hygiene of this Council passed a motion urging the Administration to expeditiously propose plans to improve the live chicken supply system, and immediately study the segregation of local-farm live chickens for independent conveyance to markets. When the trading of live chickens was resumed on 19 February, the Government decided to suspend the import of live chickens for around four months, and focus on studying measures in preparation for the resumption of the import of live chickens from the Mainland, so that in case avian influenza viruses are found in the samples from imported live chickens and the Wholesale Market has to be closed, supply of local live chickens to the market can continue by delivering them to the retail outlets via the proposed check-point at the government farm in Ta Kwu Ling. In this connection, will the Government inform this Council:
  • (1)given that the Secretary for Food and Health has indicated that Fu Tei Au would be considered as the site for keeping imported live chickens temporarily but it would take time to conduct the relevant studies, whether the authorities are still considering that site; if so, of the details; if not, the reasons for that;

    (2)whether, before a site for keeping imported live chickens temporarily has been identified, it will maintain the suspension of the import of live chickens from the Mainland, so as to avoid the situation where the supply of local live chickens to the market is affected by avian influenza viruses being found again in the samples from imported live chickens; and

    (3)whether it has formulated any measure to deal with, before the segregation of local and imported live chickens, the situation where avian influenza viruses are found again in the samples from live chickens; if it has, whether it will implement again the relevant measures taken in January (including culling all live chickens in the Wholesale Market and offering compensation to affected members of the trade); if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

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


Network systems generally use the prevalent Secure Sockets Layer ("SSL") network security protocol to encrypt network communications in order to protect the confidentiality and integrity of data during transmission. OpenSSL Project is an open-source toolkit for the implementation of the SSL network security protocol, and the toolkit can be used to produce digital certificates ("e-Certs"). The official website of OpenSSL announced on 7 April 2014 that a security loophole known as "Heartbleed" was found in version 1.0.1 of OpenSSL. Some network security experts have pointed out that e-Certs produced by servers installed with version 1.0.1 of OpenSSL are susceptible to attacks or hacks, which may result in usernames, passwords or other sensitive information being stolen and may hence cause global network disasters. In addition, the Financial Secretary proposed the initiative of "considering the provision of digital identity to all Hong Kong citizens in order to develop a common, shared and safe platform" in the 2014-2015 Budget. Some members from the information technology sector opine that when implementing the relevant policies, the authorities should ensure that the security loopholes of the encryption technology concerned have been plugged. In this connection, will the Government inform this Council:
  • (1)whether it has investigated if the aforesaid security loophole has caused any data leakage from the Government's servers; if there was data leakage, whether it has taken effective remedial measures;

    (2)as it has been learnt that after the aforesaid security loophole was made public, a number of SSL technology service providers in the United States have been busily implementing the relevant remedial measures for their local clients, and a majority of such service providers do not have an office in Hong Kong, whether it has tried to find out if these service providers have given sufficient support to their clients in Hong Kong; whether it has requested these service providers to take the initiative to provide relevant information and assistance to their clients in Hong Kong;

    (3)whether it has set up a dedicated task force to handle and follow up the problems caused by the aforesaid security loophole, and proactively informed and offered assistance to the business sector and small and medium enterprises; if it has, of the specific arrangements; if not, the reasons for that;

    (4)whether it has estimated the amount of economic loss brought about by the aforesaid security loophole to Hong Kong; if it has, of the details;

    (5)given that OpenSSL encryption technology can be used to produce eCerts, whether it has tried to find out if, apart from Hong Kong Post Certification Authority, the service providers issuing eCerts for local use have provided solutions in respect of the aforesaid security loophole, and the jurisdictions in which such service providers are located; and

    (6)what specific measures it will draw up to plug the security loophole of the encryption technology concerned and further enhance network security, so as to encourage the use of eCerts by the public and the business sector?
Public Officer to reply : Secretary for Commerce and Economic Development

16. Hon TANG Ka-piu to ask: (Translation)


At present, government departments and the Community Care Fund ("CCF") administer various assistance schemes for people with low income or economic difficulties ("assistance schemes"), but the income limits for applying for such schemes are different, and there is no standardized review mechanism. In this connection, will the Government inform this Council:
  • (1)of the respective income limits for three-person and four-person households applying for the assistance schemes listed in the table below, and the respective numbers of applications received from three-person and four-person households with underage members under such schemes last year (set out in the table below);

    Assistance schemeIncome limit for three-person householdsNumber of applications from three-person households with underage membersIncome limit for four-person householdsNumber of applications from four-person households with underage members
    Full grant under the Student Financial Assistance Schemes for primary and secondary students    
    Public rental housing     
    Comprehensive Social Security Assistance ("CSSA") Scheme    
    Work Incentive Transport Subsidy Scheme    
    Samaritan Fund    
    "One-off Living Subsidy for Low-income Households Not Living in Public Housing and Not Receiving CSSA" under CCF    
    Waiving Mechanism of Public Hospitals    

    (2)of the respective monthly income of two-person to six-person households on the official Poverty Line as calculated on the basis of the latest statistics on household income;

    (3)whether the government departments concerned took into account the official Poverty Line and the Statutory Minimum Wage ("SMW") rate during their last reviews of the income limits for applying for the assistance schemes set out in (1); if so, how these two factors affected the income limits concerned, including their respective weightings in the relevant considerations;

    (4)whether the government departments concerned consulted the related policy bureaux during their last reviews of the eligibility criteria for applying for the assistance schemes set out in (1); whether the authorities have put in place a set of standardized internal guidelines for reference by various departments in conducting such reviews; if they have not, how the authorities ensure that the eligibility criteria for applying for different assistance schemes will not differ greatly, and whether they will consider drawing up such guidelines and stating clearly in the guidelines that the income limits for applying for different assistance schemes should not be set lower than the levels of SMW rate and the official Poverty Line; and

    (5)given that the Chief Executive has indicated in the 2014 Policy Address that the Government will commission a consultancy study to examine the feasibility of providing a more user-friendly one-stop service for applying for different welfare schemes, of the current progress of such consultancy study, and the expected time for implementing the measures concerned?
Public Officer to reply : Secretary for Labour and Welfare

III. Bills



Committee Stage and Third Reading

Appropriation Bill 2014:The Financial Secretary

Amendments to heads of estimates in
Committee of the whole Council on the Appropriation Bill 2014

Hon Albert CHAN, Hon LEUNG Kwok-hung, Hon CHAN Chi-chuen, Hon Claudia MO, Hon WONG Yuk-man, Hon SIN Chung-kai, Hon James TO, Dr Hon Helena WONG, Hon Gary FAN, Hon WU Chi-wai, Hon LEE Cheuk-yan, Dr Hon Fernando CHEUNG, Hon CHEUNG Kwok-che and Hon Cyd HO to move the Committee stage amendments in the Appendix.

(These amendments were also issued on 17, 24 and 30 April 2014
under LC Paper Nos. CB(3)566/13-14, CB(3)573/13-14 and CB(3)602/13-14 respectively)

(Debate and voting arrangements for Committee stage amendments to the Appropriation Bill 2014 (updated version issued on 5 May 2014 under LC Paper No. CB(3) 615/13-14(01))

Other Public Officers to attend the Committee stage:The Chief Secretary for Administration
The Secretary for Justice
Secretary for Transport and Housing
Secretary for Home Affairs
Secretary for Labour and Welfare
Secretary for Financial Services and the Treasury
Secretary for Commerce and Economic Development
Secretary for Constitutional and Mainland Affairs
Secretary for Security
Secretary for Education
Secretary for the Civil Service
Secretary for Food and Health
Secretary for the Environment
Secretary for Development
Under Secretary for Home Affairs
Under Secretary for the Environment
Under Secretary for Transport and Housing
Under Secretary for Security
Under Secretary for Food and Health
Under Secretary for Education
Under Secretary for Constitutional and Mainland Affairs
Under Secretary for Commerce and Economic Development
Under Secretary for Financial Services and the Treasury
Under Secretary for Development


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

Dutiable Commodities (Amendment) Bill 2014:Secretary for Food and Health

IV. Members' Motions



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

Hon James TO to move the following motion:

Resolved
that in relation to the Inland Revenue (Exchange of Information relating to Taxes) (United States of America) Order, published in the Gazette as Legal Notice No. 54 of 2014, and laid on the table of the Legislative Council on 30 April 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 18 June 2014.

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

Hon Andrew LEUNG to move the following motion:


That this Council takes note of Report No. 16/13-14 of the House Committee laid on the Table of the Council on 16 April 2014 in relation to the subsidiary legislation and instrument(s) as listed below:

Item NumberTitle of Subsidiary Legislation or Instrument
(3)Rating (Exemption) Order 2014 (L.N. 26/2014).

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

3.Motion under the Legislative Council (Powers and Privileges) Ordinance

Hon Gary FAN to move the following motion:


That this Council appoints a select committee to inquire into whether the MTR Corporation Limited ("MTR Corporation") has covered up the progress and causes of delay in the construction of the Hong Kong section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL"), and whether there are any problems with the Hong Kong Special Administrative Region Government and the MTR Corporation in supervising and co-ordinating the construction of the Hong Kong section of XRL; and that in the performance of its duties the committee be authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of that Ordinance.

Amendment to the motion
Hon Claudia MO to move the following amendment:


To add "the Hong Kong Special Administrative Region Government and" after "to inquire into whether"; to delete "has" after "("MTR Corporation")" and substitute with "have"; and to add "whether the MTR Corporation has properly completed the site investigation work at the West Kowloon Terminus Station to avoid unnecessary works and supplementary appropriation in the future," after "("XRL"),".

Public Officer to attend : Secretary for Transport and Housing

4.Formulating a comprehensive elderly care policy to deal with population ageing

Hon TANG Ka-piu to move the following motion:
(Translation)

That, with the rapid ageing of Hong Kong's population, the demand for elderly care services in society continues to increase, but the policy strategies to deal with demographic challenges proposed earlier by the Steering Committee on Population Policy make no mention of elderly care services in the future; in this connection, this Council urges the Government to immediately formulate a comprehensive elderly care policy, make detailed planning for elderly care services in the future and promote collaboration between the medical and welfare sectors; the contents should include:

Service planning -

(1)based on projections on the proportion and growth of elderly population in the future, to formulate medium- and long-term planning for elderly care services in the next 10 and 20 years, and on this basis, to reserve lands for developing elderly care services and train manpower, so as to ensure that social demand for community care services and residential care services for the elderly can be met every year;

(2)to make stronger efforts to implement projects on redeveloping residential care homes for the elderly and constructing new ones, and reserve lands in more public and private development projects for building residential care homes for the elderly, so as to shorten elderly persons' waiting time for residential care homes and reduce the number of elderly persons who have yet to be allocated a place in residential care homes when they passed away;

(3)based on the proportions of the elderly population in various districts, to enhance community care services, including allocating additional resources to expand the existing integrated home care services and day respite service for elders, and providing a certain number of places for emergency support services in various districts to deal with cases of serious nature and requiring immediate assistance;

Policy reform -

(4)to set up an inter-departmental office of long-term care services to co-ordinate the work of various departments which are responsible for elderly welfare, elderly care and elderly services;

(5)to immediately rename the Chinese rendition of dementia from '老人癡呆症' to '認知障礙症', adopt the recommendations of the World Health Organization to formulate a comprehensive priority strategy to deal with dementia, and allocate resources to set up a dedicated service unit;

(6)to review the standardized care need assessment mechanism for elderly services, and triage elderly persons based on their actual care needs to enable them to receive suitable services as early as possible, and in turn effectively alleviate the problem of unduly long waiting time for services;

(7)to review the requirement on the area of floor space for each resident in newly constructed residential care homes and day service centres for the elderly, so as to progressively enhance the care standard of elderly services;

(8)focusing on the segregation of the medical and welfare sectors in elderly care services at present, to strengthen healthcare and home care services in the community to support the care needs of elderly persons who are unable to get a place in residential care homes for the elderly, and in the three major directions of training, support and accreditation, formulate a dedicated policy on carers of the elderly, thereby perfecting the existing long-term care policy based on 'ageing in place';

Manpower resources -

(9)based on the medium- and long-term planning for elderly care services, to project the manpower demand for the services, comprehensively assess afresh the existing policy of manpower resources development for elderly and care services, including reviewing the training, remuneration packages and career prospects for frontline carers in elderly services, and, apart from considering how to enhance the standard of the relevant services on the whole, also raise the social status of the industry, so as to attract more new entrants; and

(10)to review the bidding system for elderly service contracts to reduce cyclical wastage of manpower.

Amendments to the motion
(i)Hon Albert HO to move the following amendment: (Translation)

To delete "with" after "That," and substitute with "given"; to add "(4) to extensively consult various sectors of society on elderly services and formulate service indicators and criteria, so as to upgrade service effectiveness;" after "immediate assistance;"; to delete the original "(4)" and substitute with "(5)"; to delete the original "(5)" and substitute with "(6)"; to delete the original "(6)" and substitute with "(7)"; to delete the original "(7)" and substitute with "(8)"; to delete the original "(8)" and substitute with "(9)"; to add ", and further develop primary healthcare services, including increasing the number of elderly health centres to shorten the waiting time for elderly persons to enroll as members, providing more medical examination services in elderly health centres, and based on the proportions of the elderly population in the 18 districts, setting service quotas and maximum waiting periods for services in various districts, so as" after "in the community"; to delete the original "(9)" and substitute with "(10)"; and to delete the original "(10)" and substitute with "(11)".

(ii)Hon Frankie YICK to move the following amendment: (Translation)

To delete "with" after "That," and substitute with "given"; to add "(9) to expeditiously implement a voucher scheme on residential care services for the elderly, and issue no less than $5,000 of service vouchers every month to elderly persons waiting for subsidized residential care places for the elderly, so that they can choose suitable private residential care homes for the elderly in Hong Kong or on the Mainland according to their individual needs;" after "'ageing in place';"; to delete the original "(9)" and substitute with "(10)"; to add "as it takes time to implement the measures for attracting new entrants and provide manpower training, the Government should expedite the importation of more workers, so as to alleviate the problem of serious manpower shortage in the sector at present and improve the quality of services;" after "new entrants;"; and to delete the original "(10)" and substitute with "(11)".

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

To delete "with the rapid ageing of Hong Kong's population" after "That," and substitute with "given the continuing increase in the numbers of elderly persons with disabilities and elderly persons with dementia and chronic diseases, coupled with the ageing of persons with intellectual disabilities"; and to delete "the Government to" after "this Council urges" and substitute with "that rather than adopting age as the sole criterion, the Government should also take the needs and long-term care of elderly persons as the basis to".

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

To delete "," after "That" and substitute with "in 2002, the Hong Kong Government sent representatives to attend the United Nation's Second World Assembly on Ageing held at Madrid in Spain, supported the Assembly's passage of the Political Declaration and Madrid International Plan of Action on Ageing, 2002, and undertook to implement an elderly policy in Hong Kong;"; to add "short-," after "future, to formulate"; to delete "10" after "in the next" and substitute with "five, 10, 15"; to add "to relaunch hostels for the elderly and build a diversified range of residential care homes to enable elderly persons to live in the community without any worry; and" after "(2)"; to delete "and" after "constructing new ones,"; to add "and reserve the several bottom floors of newly constructed public housing blocks for operating small-scale residential care hostels or residential care homes for the elderly," after "building residential care homes for the elderly,"; to add "to implement community care for the elderly based on the concept of 'care in the community'; and" after "(3)"; to add "and compile detailed statistics on the service demands of service users in various districts for formulating five- and 10-year planning on community care services," after "enhance community care services,"; to delete "and" after "integrated home care services" and substitute with ", especially meal delivery, escort for medical consultation and household cleaning services, increasing the number of day service centres for the elderly and the"; to add "and establishing a central enquiry service system" after "services in various districts"; to add "(4) in order to resolve the problem of serious shortage of venues for community support services for the elderly at present, to conduct a study on the provision of diversified community support services and activities for the elderly, such as adventure activities for elderly persons;" after "immediate assistance;"; to delete the original "(4)" and substitute with "(5)"; to add "and based on the concept of 'care in the community', to map out a development strategy for the retired population and formulate a comprehensive inter-departmental elderly policy on areas such as healthcare, housing, community support, financial protection, long-term care, social participation, urban construction and cultural development for elderly persons, etc., so as to provide elderly persons with suitable education and living environment;" after "and elderly services;"; to delete the original "(5)" and substitute with "(6)"; to add "(7) to streamline the existing application procedures for the Dementia Supplement, including assessing afresh recipients' eligibility for the supplement at an interval of two years; and extend the scope of the Dementia Supplement to other community care services, so that service operators have more resources to provide services to homebound Dementia patients;" after "service unit;"; to delete the original "(6)" and substitute with "(8)"; to add "and to collate and analyze the case information obtained under the standardized care need assessment mechanism for elderly services, and assess and adjust the quality of existing services, so as to provide reference for planning and introducing new services in the future, enabling the Government to allocate resources more effectively;" after "waiting time for services;"; to delete the original "(7)" and substitute with "(9)"; to delete the original "(8)" and substitute with "(10)"; to delete the original "(9)" and substitute with "(11)"; to delete "and" after "new entrants;"; to delete the original "(10)" and substitute with "(12)"; to delete "review" before "the bidding system" and substitute with "abolish"; and to add "; and (13) to conduct planning for the manpower establishment and resources for various kinds of elderly services" immediately before the full stop.

(v)Dr Hon KWOK Ka-ki to move the following amendment: (Translation)

To delete "demand for elderly care services in society continues" after "Hong Kong's population, the" and substitute with "dependency ratio will rise from 355 dependent persons per 1 000 working age persons in 2012 to 712 per 1 000 by 2041, and the demand of elderly persons, especially retired elderly persons, for elderly care services will also continue"; to add ", including introducing elderly dental services in public hospitals, arranging manpower to answer phone calls for booking out-patient services, improving the non-emergency ambulance transfer service, introducing elderly healthcare vouchers in paper form and strengthening publicity on the list of service providers participating in the Elderly Health Care Voucher Scheme, so as" after "in the community"; to delete "and" after "new entrants;"; and to add "; and Other aspects - (11) to immediately implement a universal retirement protection system, so as to ensure that people are able to meet the expenses on elderly care and healthcare services after retirement" immediately before the full stop.

Public Officer to attend : Secretary for Labour and Welfare

5.Improving the implementation of the education policy and allocating additional funding for education

Hon IP Kin-yuen to move the following motion:
(Translation)

That, as education is an important policy area, many countries and regions attach great importance to education and strive to allocate resources in education improvement, so as to upgrade their people's overall quality and enhance their societies' competitiveness in the future; yet, the SAR Government's funding allocation in education has been shrinking continuously in recent years, and the Education Bureau has also neither listened seriously to the views of the sector nor taken forward many measures on which the society has reached consensus, showing its ineptitude and belated awareness when faced with new problems and challenges, and failing to respond to people's needs and allay their concerns, such as its erroneous planning for kindergarten and primary school places, delay in implementing 15-year free education, disregard for the views of the sector and reluctance to adopt effective measures to stabilize the teaching and learning environment of secondary schools, turning a blind eye to young teachers' difficulty in joining the profession, and turning a deaf ear to the demands for improving the teaching establishment in public-sector schools and increasing the number of publicly-funded university places; the education sector considers that since the Secretary for Education Mr Eddie NG took office, parents have worried about a shortage of places for their children's education, teachers' job satisfaction has declined, and students have been tormented by the education policy, rendering people to rock their confidence in the local education system and be greatly disappointed at the education policy led by Eddie NG, considering that he lacks work competence and enterprise, and that while he cannot effectively lead the officials of the Education Bureau to properly implement the education policy, he still frequently pays overseas duty visits, causing widespread grievances about the education policy in society in general; in this connection, this Council expresses dissatisfaction with the work performance of Eddie NG, requests him to reflect deeply on himself, and hopes that the SAR Government can improve the implementation of the education policy, allocate additional funding for education, and extensively solicit public opinions, so as to rebuild the public confidence in the education system.

Amendments to the motion
(i)Dr Hon Kenneth CHAN to move the following amendment: (Translation)

To add "according to the opinion poll results of the Public Opinion Programme of The University of Hong Kong, the popularity of the Secretary for Education Mr Eddie NG has persistently remained low, indicating the public's intense discontent with his performance;" after "That,"; to delete "the Secretary for Education Mr" after "considers that since"; and to delete "reflect deeply on himself" after "requests him to" and substitute with "immediately resign".

(ii)Dr Hon Helena WONG to move the following amendment: (Translation)

To delete "and" after "joining the profession,"; and to delete "places" after "publicly-funded university" and substitute with "undergraduate places, and failing to face up to the serious ratio imbalance between local and non-local students enrolled in research postgraduate programmes of graduate schools, resulting in precious education resources not being spent on local students on a priority basis".

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

To delete "and" after "joining the profession,"; and to add ", and failing to ever conduct any comprehensive review of the mode of integrated education which has been in place for a decade or so and is full of flaws and loopholes" after "publicly-funded university places".

Public Officer to attend : Secretary for Education

6.Report of the delegation of the Subcommittee on Poverty to study the experience of poverty alleviation in Taiwan and Japan

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

That this Council notes the Report of the delegation of the Subcommittee on Poverty to study the experience of poverty alleviation in Taiwan and Japan.

Public Officer to attend : Secretary for Labour and Welfare

7.Ensuring the completion of public housing and infrastructure projects on schedule

Hon James TIEN to move the following motion:
(Translation)

That, as the construction industry is facing manpower shortage, this Council urges the Government to adopt corresponding measures, including establishing a special labour importation scheme for public housing and infrastructure projects by making reference to the arrangements adopted during the construction of Chek Lap Kok Airport, so as to ensure the completion of the various public housing and infrastructure projects in Hong Kong on schedule or even ahead of schedule to meet the housing need of grass-roots people as early as possible, and sustain the economic and social development of Hong Kong.

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

To delete ", as the construction industry is facing manpower shortage," after "That"; and to delete "adopt corresponding measures, including establishing a special labour importation scheme for public housing and infrastructure projects by making reference to the arrangements adopted during the construction of Chek Lap Kok Airport, so as to ensure" after "the Government to" and substitute with "strengthen the manpower training and job-matching services offered by the Construction Industry Council, and improve the working environment and occupational safety standards of the construction industry, so as to attract more local workers to engage in the construction industry, thereby ensuring".

(ii)Hon KWOK Wai-keung to move the following amendment: (Translation)

To delete "as the construction industry is facing manpower shortage" after "That," and substitute with "with the commencement of various infrastructure projects one after another and the increase of wages in the construction industry, the construction industry should be able to attract new entrants, but due to the frequent default on payment of workers' wages, coupled with the high industrial accident rate in the industry, etc., intending entrants have been deterred from joining the industry; in this connection"; to delete ", including establishing a special labour importation scheme for public housing and infrastructure projects by making reference to the arrangements adopted during the construction of Chek Lap Kok Airport" after "adopt corresponding measures" and substitute with "to improve the aforesaid situations, attract manpower for the industry and reduce manpower wastage"; and to add "; specific proposals are as follows: (1) to draw up proper long-term planning for infrastructure projects and progressively launch large-scale projects, so as to avoid creating a false image of manpower shortage during construction peaks, whereas workers have to face under-employment after the end of construction peaks; (2) to strengthen the monitoring of the wage payment mechanism in the construction industry, and rigorously combat the acts of defaulting on payment of workers' wages; (3) to allocate more resources and increase the number of training places, so as to provide new blood for the industry; and (4) to motivate the construction industry to improve the working environment, including strengthening the monitoring and inspection of works sites, so as to ensure the compliance of the working environment and equipment with statutory safety standards, create a safe working environment and reduce the number of industrial accidents" immediately before the full stop.

(iii)Hon WU Chi-wai to move the following amendment: (Translation)

To delete ", as" after "That" and substitute with "recently, overspending has occurred in a number of projects for reasons including"; to delete "is" after "the construction industry"; to add "; in this connection" after "facing manpower shortage"; and to delete "establishing a special labour importation scheme for public housing and infrastructure projects by making reference to the arrangements adopted during the construction of Chek Lap Kok Airport, so as to" after "corresponding measures, including" and substitute with "adjusting the progress of various projects, examining project planning and setting priorities for projects, so as to maintain the number of projects at a sustainable level that the construction industry can cope with,".

(iv)Hon POON Siu-ping to move the following amendment: (Translation)

To delete "the construction industry is facing manpower shortage" after "That, as" and substitute with "large-scale infrastructure projects have commenced one after another"; to delete "corresponding" after "the Government to adopt" and substitute with "effective"; and to delete "establishing a special labour importation scheme for public housing and infrastructure projects by making reference to the arrangements adopted during the construction of Chek Lap Kok Airport" after "measures, including" and substitute with "encouraging new arrivals to join the labour market, especially the construction industry; improving the working environment of the construction industry to attract young people to join the construction industry; upgrading the safety standards of the construction industry to ensure industrial safety; co-ordinating the construction procedures of different projects to avoid manpower competition, creating a false image of manpower shortage due to concurrent carrying out of works of same job types under different projects; and dealing with any labour importation proposals under the established mechanism for labour importation".

Public Officers to attend:Secretary for Development
Secretary for Labour and Welfare

8.The 4 June incident

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

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

9.Setting up a 'Future Fund' for establishing an integrated retirement protection system

Hon WONG Kwok-kin to move the following motion:
(Translation)

That, as the Working Group on Long-Term Fiscal Planning recommends the Government to set up a 'Future Fund', this Council urges the Government to use the Fund for establishing an integrated retirement protection system based on the people-oriented principle, so as to enable the elderly to have financial support in their twilight years, thereby alleviating the various social problems arising from population ageing.

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

To delete ", as" after "That" and substitute with "this Council opposes the recommendation of"; to delete "recommends the Government to set up a 'Future Fund', this Council" after "Long-Term Fiscal Planning" and substitute with "to the Government on the setting up of a 'Future Fund' comprising the Land Fund and a portion of future surpluses, and"; to delete "Fund" after "to use the" and substitute with "relevant moneys expeditiously"; and to delete "an integrated" after "for establishing" and substitute with "a universal".

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

10.Returning a happy childhood to students

Hon Michael TIEN to move the following motion:
(Translation)

That the majority view of society has all along held that 'pressure leads to progress'; nowadays, there are many books and discussions available at the market about 'tiger moms and dads', 'helicopter parents' and 'monster parents', etc. for boosting children's learning, but excessive boosting may likely increase pressure on children and dampen their learning interests; the results of a survey conducted by the Programme for International Student Assessment show that some Hong Kong parents excessively intervene in children's learning and drill them by being over-anxious for results, rendering a decline of children's motivation to learn and a negative impact on their academic results; quite a number of media reports have also pointed out that some Hong Kong students have emotional problems because of heavy study pressure, and they become easily anxious and have symptoms such as insomnia, loss of appetite and irritability, etc.; all these problems are attributable to the education system which emphasizes solely on examination results; at the stage of kindergarten education, parents have already enrolled their children in many types of interest classes and request them to do dictation and spelling exercises, etc.; at the stage of primary education, students need to participate in the Territory-wide System Assessment, the Internal Assessments for Secondary School Places Allocation purpose that take place at the end of Primary Five and both in mid-year and at the end of Primary Six, and the Pre-Secondary One Hong Kong Attainment Test; at the stage of secondary education, students are faced with a shortage of university places and the 'die‍‍ or live' pressure from the Hong Kong Diploma of Secondary Education Examination; in contrast, the education systems and teaching modes in many advanced places are better able to provide students with room for exploring their interests to enhance their creativity development; in this connection, this Council urges the Administration to:

(1)assess afresh the pressure and psychological impact of the existing education system on students, and comprehensively review the examination system, the curriculum contents and the mechanism for progression in education;

(2)enhance parental education to avoid parents from excessively boosting children's learning; and

(3)enhance the support for school social workers and teachers to facilitate them to early identify whether or not students are under excessive pressure.

Amendments to the motion
(i)Dr Hon Helena WONG to move the following amendment: (Translation)

To add "'joyful learning' is a learning guideline issued to schools by the Education Bureau, but" after "That"; to delete "and" after "excessively boosting children's learning;"; and to add "; and (4) review the assessment contents of the Territory-wide System Assessment to avoid the need for students to undergo mechanical drills on examination questions, and study whether the Territory-wide System Assessment should be abolished, so as to reduce students' study pressure" immediately before the full stop.

(ii)Hon Alice MAK to move the following amendment: (Translation)

To add ", although" after "That"; to delete ";" after "'pressure leads to progress'" and substitute with ", and"; to delete "but" after "for boosting children's learning,"; to delete "and" after "excessively boosting children's learning;"; and to add "; (4) allocate additional resources to assist students with learning difficulties and those with special learning needs, including identifying such students as early as possible and providing them with training and support on all fronts, so as to reduce their study pressure; (5) streamline the existing curriculum contents of primary and secondary education, so that teachers and students will not come under pressure for catching up with the curricula, and students can use the spare lesson time to cultivate their personal learning interests; (6) encourage schools to invite experts from different industries to hold workshops and experience programmes, so as to broaden students' horizons and enable their understanding of potentials, thereby cultivating the relevant interests and developing their careers in the future; and (7) sort out the negative impacts of study pressure on students and give comprehensive care to students' physical and mental development, including increasing the support services provided by clinical psychologists and medical social workers in schools to offer emotional and psychological counselling to students, and expanding the school dental care service and the student health service to ensure that they have good physical health for learning" immediately before the full stop.

(iii)Hon IP Kin-yuen to move the following amendment: (Translation)

To add ", under Article 31 of the United Nations Convention on the Rights of the Child, it is the right of the child to rest and leisure, and the state parties to the convention should encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity to children; the Hong Kong Committee for UNICEF also calls on parents to provide children with at least one hour of free play a day; yet," after "That"; to add ", and even self-destruction behaviour" after "irritability, etc."; to add "(2) firmly uphold the policy of small-class education in primary schools, and expeditiously implement small-class teaching in secondary schools, so as to improve students' learning environment, enhance students' concentration and increase teacher-student interaction; (3) examine the impacts of the morbid and substantive change in education brought about by the Territory-wide System Assessment on schools and students, and expeditiously rectify the pitfalls; if rectification is not viable, the Administration should abolish the Territory-wide System Assessment, so as to bring school education back to the normal track and reduce students' study pressure; (4) provide more support to students with special education needs and non-Chinese speaking students, so as to eliminate the barriers in their learning and social life; (5) conduct studies on the impacts of the curricula of playgroups and interest classes available at the market on children's intellectual and psychological development, and introduce appropriate regulation, so as to avoid such curricula and activities having negative impacts on children's growth;" after "progression in education;"; to delete the original "(2)" and substitute with "(6)"; and to delete the original "(3)" and substitute with "(7)".

(iv)Dr Hon Priscilla LEUNG to move the following amendment: (Translation)

To add ", as competition is keen in society," after "That"; to delete "society" after "majority view of" and substitute with "Hong Kong"; to delete "there are many books and discussions available at the market about 'tiger moms and dads', 'helicopter parents' and 'monster parents', etc." after "nowadays," and substitute with "many books are available at the market"; to delete "do dictation and spelling exercises, etc." after "request them to" and substitute with "learn 'by rote', thus greatly stifling their creativity"; to add "set true ideals for education," after "(1)"; to add "whether" after "and comprehensively review"; to add "can truly achieve the objectives of education" after "progression in education"; to add "and encourage parents to attach more importance to children's learning process, growth and interests, so as" after "parental education"; to add ", thus enabling children to grow up more happily; (3) enhance the education on building students' self-confidence and the promotion of diversified career pathways, so as to avoid taking examination results as the sole objective of learning by students" after "excessively boosting children's learning"; and to delete the original "(3)" and substitute with "(4)".

(v)Hon Charles Peter MOK to move the following amendment: (Translation)

To delete "the majority view of society has all along held" after "That" and substitute with "some parents in Hong Kong hold"; to delete "and" after "excessively boosting children's learning;"; and to add "; (4) develop a diversified education system, including strengthening vocational education, arts education and physical education, so as to reduce the pressure of public examinations on students, and assist those students who are unable to adapt to conventional education in choosing study pathways according to their abilities and interests; and (5) increase the number of tertiary education places, especially the degree programme places offered by institutions funded by the University Grants Committee, so as to alleviate students' pressure arising from the need to compete for such places" immediately before the full stop.

Public Officer to attend : Secretary for Education

11.Reorganising the Government's structure to improve its policy implementation

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

That the current-term Government has repeatedly committed blunders in its policy implementation, and the policies as implemented are not in place and unable to respond to people's demands, coupled with the situations where a number of officials successively committed scandals and serious dereliction of duty, resulting in serious doubts about the Government's ability to govern and implement policies; in this connection, this Council urges the Government to examine afresh its operating structure, and after consulting the Legislative Council and the public, to effect improvement, adjustment and division of labour in respect of the functions, objectives and policy portfolios of various policy bureaux, and to conduct structural reorganisation on a need basis for enhancing the quality and competence of various policy bureaux and the departments under their purview in policy formulation and execution, making the Government's policy implementation more open, closely follow public opinions, integrated and consistent.

Amendments to the motion
(i)Hon Emily LAU to move the following amendment: (Translation)

To add ", as" after "That"; to add "the Chief Executive, Members of the Executive Council and" after "the situations where"; to add "had conflicts of interest and" after "successively"; to delete "; in this connection" after "implement policies"; and to add "to review and improve the system of declaration of interests by Members of the Executive Council and the Code for Officials under the Political Appointment System, to implement the various recommendations in the Report of the Independent Review Committee for the Prevention and Handling of Potential Conflicts of Interest," after "urges the Government".

(ii)Dr Hon Elizabeth QUAT to move the following amendment: (Translation)

To delete "the current-term Government has repeatedly committed blunders in its policy implementation, and the policies as implemented are not in place and unable to respond to people's demands, coupled with the situations where a number of officials successively committed scandals and serious dereliction of duty, resulting in serious doubts about" after "That" and substitute with ", in the face of the complicated and volatile external environment and Hong Kong's development needs, the Government's governance structure should keep pace with the times for enhancing" and to add ", including expeditiously establishing an innovation and technology bureau," after "basis".

(iii)Hon Charles Peter MOK to move the following amendment: (Translation)

To delete "," after "demands" and substitute with "; no thorough consideration is given to policies before they are launched, and an effective review mechanism is also lacking; in coping with the structural problems in Hong Kong's economic and social development, the Government often adopts short-term or interim measures, and delays the implementation of long-term planning;"; to add "also do not have the experience that corresponds to their functions and even" after "officials"; to add ", the functions of accountability officials and the relevant entry requirements, to appoint people whose experience corresponds to the relevant functions as principal officials of the Government, to clearly set out the criteria for holding principal officials accountable for their faults" after "structure"; to add ", to review the effectiveness of the accountability system for principal officials" after "portfolios of various policy bureaux"; to delete "for enhancing" after "basis" and substitute with "; the Government should also improve the policy review mechanism, so as to enhance"; and to add ", efficiency" after "quality".

Public Officer to attend : The Chief Secretary for Administration

Clerk to the Legislative Council