A 14/15-24

Legislative Council

Agenda

Wednesday 29 April 2015 at 11:00 am

I. Tabling of Papers



Subsidiary Legislation / InstrumentL.N. No.
Legal Aid (Assessment of Resources and Contributions) (Amendment) Regulation 201578/2015

Other Paper



No. 91-Language Fund
Financial statements for the year ended 31 August 2014
(to be presented by Secretary for Education)

II. Questions for Written Replies



1. Hon Jeffrey LAM to ask: (Translation)


It has been reported that the number of visitors to Hong Kong in recent months has declined evidently, resulting in decreases in the receipts of the tourism, catering and retail industries. Some members from these industries have pointed out that the decline in the number of visitors to Hong Kong is related to the earlier protests against parallel traders. In this connection, will the Government inform this Council:
  • (1)of the number of visitor arrivals to Hong Kong in each of the past six months and, among such arrivals, the respective numbers of those from the Mainland, Southeast Asia and long-haul markets; of the regions which had greater rates of decrease in numbers of visitors to Hong Kong, and the respective per capita spending in Hong Kong by visitors from such regions, as well as the rates of decrease in the receipts of Hong Kong's tourism and retail industries caused by the decline in the number of such visitors;

    (2)according to the authorities' assessment, of the causes for the decline in the number of visitor arrivals to Hong Kong and, in case such situation persists, the impacts it may have on Hong Kong's tourism and retail industries, employment rate as well as overall economy; and

    (3)what new measures the authorities will introduce to attract more visitors to Hong Kong and stimulate the growth in the retail industry; whether the authorities will step up efforts to maintain order in respect of protests against parallel traders, and step up publicity work outside Hong Kong to convey the messages that the impoliteness towards or violence against visitors happened earlier were only isolated incidents and that Hong Kong is still a hospitable city?
Public Officer to reply : Secretary for Commerce and Economic Development

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


Twenty one Asian countries including China, India and Singapore signed in October last year the Memorandum of Understanding on Establishing the Asian Infrastructure Investment Bank for the establishment of the Asian Infrastructure Investment Bank ("AIIB"). It has been reported that as at 15 April this year, a total of 57 countries were included as the prospective founding members of AIIB, including European countries such as the United Kingdom. In this connection, will the Government inform this Council:
  • (1)whether it has assessed the impact of the establishment of AIIB on Hong Kong as an international financial centre; if it has, of the results;

    (2)of the latest progress regarding Hong Kong's application for joining AIIB; and

    (3)whether it has assessed the specific functions to be performed by Hong Kong in AIIB; if it has, of the results?
Public Officer to reply : Secretary for Financial Services and the Treasury

3. Hon Frankie YICK to ask: (Translation)


It has been reported that it has become increasingly common among members of the public to call taxis using mobile applications ("Apps"), and App developers ("developers") offer, for the purpose of soliciting business, fare concessions, discounts, cash rebates etc. to attract customers. In this connection, will the Government inform this Council:
  • (1)as the authorities indicated in reply to a question of a Member of this Council on 12 November last year that under regulation 40 of the Road Traffic (Public Service Vehicles) Regulations, any taxi driver or person who offers a fare discount on his/her own initiative to induce passengers to make use of his/her vehicle is engaging in soliciting activities, irrespective of whether such arrangements are made through Apps, telephone calls or other means, and he/she commits an offence if there is no reasonable excuse, but nothing has been heard so far about the Police issuing warnings or instituting prosecutions against any person for involvement in soliciting activities conducted using Apps, and recently some developers have publicized and promoted their Apps on the streets, whether the authorities will step up law enforcement efforts to curb soliciting activities;

    (2)as I have learnt that some developers deposit the fare discounts into passengers' accounts registered on App platforms so as to cover up the illegal acts, whether the authorities will review the existing legislation to plug the loophole; if they will, of the details; if not, the means in place to curb such acts by the authorities; and

    (3)whether the authorities will consider reviewing the existing legislation to prohibit drivers from operating their mobile phones with their fingertips or placing several mobile phones on the dashboards while driving, in order to safeguard the safety of passengers and other road users; if they will conduct such a review, of the details and implementation timetable; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

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


It has been reported that international oil prices fell by a cumulative 30% during the whole of last year, while retail fuel prices in Hong Kong dropped merely by about 10% in the same period. There are comments that as fuel prices have a significant impact on people's livelihood, the Government is duty-bound to monitor them strictly. In this connection, will the Government inform this Council:
  • (1)whether, under existing government policies, there is any regulation of the determination of retail fuel prices by oil companies; if so, of the details; if not, the reasons for that;

    (2)as retail fuel prices in Hong Kong have all along been criticized for being "quick to rise and slow to drop", whether the Government will formulate policies to eradicate such situation, so as to protect consumers' interests; if so, of the details; if not, the reasons for that; and

    (3)as some members of the transport sector have suggested that the Government should classify fuels as strategic commodities for stepping up monitoring, whether the Government has studied the feasibility of such a suggestion, and whether such practice can better protect consumers' interests; if it has studied, of the details; if it has not studied, the reasons for that?
Public Officer to reply : Secretary for the Environment

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


A Research Brief on "Social mobility in Hong Kong" published by the Legislative Council Secretariat on 12 January this year points that there are limited opportunities for people moving higher on the social ladder and sustained economic growth is key to providing earnings mobility to a society. The median monthly employment earnings of the overall local workforce surged by a total of 139% in real terms during the period from 1976 to 1996, but the growth rate moderated to a mere 14% during the period from 1997 to 2013. The subdued growth in people's earnings has added to the difficulties in home ownership. The average flat price for a small residential unit surged by a total of 188% during the period from 2006 to 2013, whereas the median monthly household income increased by only 30% over the same period. In the recent public sale of a new batch of Home Ownership Scheme ("HOS") flats, the Hong Kong Housing Authority received a total of 128 900 applications, representing a record-breaking oversubscription rate of 59 times. On the education front, the expansion of post‐secondary education places has been concentrated on the self‐financed sub‐degree sector. Yet, higher educational attainment has not led to better job prospects, with an increasing share of people engaged in lower‐paid associate professional jobs. In this connection, will the Government inform this Council:
  • (1)whether it will formulate new measures to boost the economic growth of Hong Kong, with a view to comprehensively increasing the income levels of Hong Kong people; if it will, of the details;

    (2)whether it will consider according priority to young people in allocating public rental housing units as well as selling flats under HOS and Urban Renewal Authority's development projects; if it will, of the details; whether the authorities will consider re-launching the Sandwich Class Housing Scheme to assist those whose income and asset levels have exceeded the eligibility criteria for HOS in achieving home ownership; if they will, of the details;

    (3)whether it will formulate new measures to assist post-secondary graduates in pursuing further studies and seeking employment; if it will, of the details; and

    (4)whether it will consider granting a partial waiver of student loans to post-secondary graduates so as to relieve their financial pressure; if it will, of the details?
Public Officer to reply : Secretary for Education

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


In reply to my question, the authorities said on 26 February this year that the Drainage Services Department was planning to expand the Shek Wu Hui Sewage Treatment Works ("SWH STW") and upgrade its treatment technology and, taking the opportunity, the Water Supplies Department had in collaboration with the relevant departments studied the feasibility of producing reclaimed water of acceptable standard through further processing of the tertiary treated sewage effluent from SWH STW for supplying the district for non-potable uses (including irrigation, toilet flushing, etc.). In this connection, will the Government inform this Council:
  • (1)of the quantity of seawater used for toilet flushing and the average quantity of seawater used by each household for toilet flushing, in each of the past three years;

    (2)of the number of households or population currently using potable water for toilet flushing, with a breakdown by the 18 District Council districts;

    (3)of the estimated annual number of customers who can be supplied with the reclaimed water produced by SWH STW for toilet flushing;

    (4)given that the authorities plan to produce reclaimed water of acceptable standard through further processing of the tertiary treated sewage effluent from SWH STW, of the procedures involved in such "further processing";

    (5)whether it knows the overseas countries or regions in which reclaimed water is more commonly used for toilet flushing; the respective quality standards adopted in those countries or regions for reclaimed water;

    (6)of the current quality standards adopted in Hong Kong for reclaimed water, and the authorities' basis or rationale for setting those standards; and

    (7)given that a member of the Advisory Committee on Water Resources and Quality of Water Supplies has pointed out that in foreign countries, reclaimed water which has undergone only relatively simple secondary treatment and processing is able to meet the needs for toilet flushing and landscape irrigation in metropolitan areas, whether it has studied if the tertiary treated sewage effluent from SWH STW can be used, without further treatment, for toilet flushing; if the outcome of the study is in the negative, of the reasons for that?
Public Officer to reply : Secretary for Development

7. Hon Christopher CHUNG to ask: (Translation)


Regarding public library services, will the Government inform this Council:
  • (1)of the number of new libraries opened in the past five years, with a breakdown by type of libraries;

    (2)of the locations where mobile libraries were replaced by major/small libraries in providing services in the past five years;

    (3)whether it has plans to set up small libraries in all the districts or housing estates in which only mobile library services are currently available, in order to provide more comprehensive services;

    (4)since some members of the public have relayed to me that as the working hours of Hong Kong people are getting longer while the opening hours of libraries in general end at 8 pm the latest on weekdays, quite a number of working persons are unable to use library services on weekdays, whether the authorities have plans to extend the opening hours of libraries in various districts at night on weekdays;

    (5)given that the Leisure and Cultural Services Department ("LCSD") has launched a pilot scheme in six selected branch libraries by deploying Radio Frequency Identification ("RFID") technology to handle self-service borrowing and returning of library materials as well as to assist in the searching and sorting of library collections, and the review of the scheme has confirmed a prima facie case for full RFID implementation, whether LCSD has decided to put RFID into full implementation in various libraries; if LCSD has, of the latest progress; and

    (6)whether it has plans to follow the practices of Shenzhen or Taiwan by setting up round-the-clock self-service libraries in various districts?
Public Officer to reply : Secretary for Home Affairs

8. Hon Abraham SHEK to ask:


Regarding the construction and administration costs in the production of public rental housing ("PRH") and Home Ownership Scheme ("HOS") flats by the Hong Kong Housing Authority ("HA"), will the Government inform this Council of:
  • (1)(i) the estimated and actual average construction costs per square foot (ft2) of construction floor area ("CFA"), (ii) the estimated and actual average construction costs per flat, as well as (iii) the estimated and actual average administration costs per flat, of the PRH flats constructed/to be constructed by HA in each of the past five years and the five years starting from this year (set out the information in the table below); and

    Year Estimated Actual Estimated Actual Estimated Actual
    (i)(ii)(iii)
    2010-2011            
    2011-2012            
    2012-2013            
    2013-2014            
    2014-2015            
    2015-2016   Not applicable   Not applicable   Not applicable
    2016-2017      
    2017-2018      
    2018-2019      
    2019-2020      

    (2)(iv) the estimated and actual average construction costs per ft2 of CFA, (v) the estimated and actual average construction costs per flat, and (vi) the estimated and actual average administration costs per flat, of the HOS flats constructed/to be constructed by HA in each of the past three years and the five years starting from this year (set out the information in the table below)?

    Year Estimated Actual Estimated Actual Estimated Actual
    (iv)(v)(vi)
    2012-2013            
    2013-2014            
    2014-2015            
    2015-2016   Not applicable   Not applicable   Not applicable
    2016-2017      
    2017-2018      
    2018-2019      
    2019-2020      
Public Officer to reply : Secretary for Transport and Housing

9. Hon Albert CHAN to ask: (Translation)


In reply to my question on 4 November 2009, the Government said that there were then 11 children and young people born on the Mainland and whose father or mother was a Hong Kong resident. These persons claimed that they could not obtain Permits for Proceeding to Hong Kong and Macao (commonly known as "One Way Permit") as they did not have mainland household registration. Subsequent to their illegal entry into Hong Kong, they had stayed in Hong Kong for seven years or more and had been granted permission for receiving education here. However, according to the Registration of Persons Ordinance (Cap. 177) and the established policy, they were not eligible to be granted Hong Kong identity cards as they were illegal entrants. Recently, some members of the public have relayed to me that quite a number of children and young people of the same birth background as that of the aforesaid cases have entered Hong Kong illegally. In this connection, will the Government inform this Council:
  • (1)whether it has exercised its discretion to issue Hong Kong identity cards to the aforesaid 11 children and young people; if it has, of the details;

    (2)of the numbers of children and young people staying in Hong Kong in each year since 2009 who were born on the Mainland and whose father or mother was a Hong Kong resident; the reasons for the increase or decrease in such annual numbers; and

    (3)whether the authorities will consider amending the relevant legislation to grant these children and young people the right of abode in Hong Kong so that they can be issued with Hong Kong identity cards, thereby enabling them to live normally and grow up healthily in Hong Kong; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

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


It has been reported that early this month, a bus of New Lantao Bus Company (1973) Limited ("Lantao Bus Company") with 60 passengers on board had an accident, which was suspected to have been caused by failure of its braking system, when it was travelling down a slope on its way from Tung Chung to Tai O, and it nearly fell off the hill. Some residents of Lantau Island have relayed to me that as the buses of Lantao Bus Company are their major means of transport and many tourists take the buses of Lantao Bus Company to tour around various tourist spots on Lantau Island at the weekends, they are particularly concerned about the aforesaid accident. Regarding the road safety of franchised buses, will the Government inform this Council:
  • (1)whether it knows the details of the system adopted by Lantao Bus Company at present for examining the driving skills and behaviour of its bus drivers; whether the authorities carried out regular and surprise inspections in the past three years in respect of the road safety of buses of Lantao Bus Company; if they did, of the respective numbers and results of these two types of inspections, and whether they uncovered any breaches of traffic rules (e.g. speeding and failing to comply with traffic signals) by bus drivers; if they did, of the number of such cases; and

    (2)as some bus drivers have relayed to me that franchised bus companies from time to time arrange their bus drivers to carry out duties as "relief drivers" so as to save expenditure on drivers' overtime pay, whether the authorities have looked into the prevalence of such arrangement at present and its impact on the rest time of bus drivers and road safety; if they have, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

11. Hon Frederick FUNG to ask: (Translation)


It has been reported that an investigation conducted jointly by an international organization and overseas media revealed that HSBC Group's Swiss private bank was suspected of assisting more than 100 000 clients, including those from Hong Kong, in evading taxes by means of trust funds, shell companies, offshore accounts, etc. A number of countries have conducted investigations into or commenced legal proceedings on the incidents. For example, the judiciary of France has initiated legal proceedings against HSBC Group for assisting its clients in evading tax payments in France. Regarding regulators' efforts in combating activities carried out by banks to assist their clients in evading taxes, will the Government inform this Council:
  • (1)whether the Hong Kong Monetary Authority ("HKMA") has approached overseas regulators so as to understand the aforesaid incidents; if HKMA has, of the details; if not, the reasons for that; whether HKMA or other law enforcement authorities will conduct investigations into the incidents; if they will, of the details; if not, the reasons for that; and

    (2)whether it has assessed if the existing mechanism and legislation in Hong Kong are sufficient for combating activities carried out by banks to assist their clients in evading taxes, concealing assets or laundering money; how the authorities monitor the carrying out of such activities by local banks through their overseas branches?
Public Officer to reply : Secretary for Financial Services and the Treasury

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


It has been reported that the authorities have rezoned the site of a vacant school premises in Yue Wan Estate, Chai Wan, for residential use and plan to build a public rental housing ("PRH") block there ("PRH scheme"). I have learnt that the ELCHK Faith Love Lutheran School ("Lutheran School") is adjacent to the vacant school premises, and the premises of the school are far below the current standards in terms of area, space and facilities. The Lutheran School has all along been lobbying the Government to improve its school premises for years, and has suggested that the authorities study the reprovisioning of the school at the same time when it plans for the PRH scheme. In this connection, will the Government inform this Council:
  • (1)whether the authorities will consider conducting a joint planning for the PRH scheme and the reprovisioning of the Lutheran School; if they will, of the details, and whether the authorities will reprovision the Lutheran School on sites in or near Yue Wan Estate; in the course of reprovisioning the Lutheran School, whether the authorities will provide the school with temporary school premises; if they will, of the specific arrangements; if not, the reasons for that; and

    (2)regarding the reprovisioning of the Lutheran School, whether the authorities will meet with and gauge the views of different stakeholders, including the teachers, students and parents of the school, as well as the residents in the district and the Eastern District Council; if they will, of the specific arrangements; if not, the reasons for that?
Public Officer to reply : Secretary for Education

13. Hon Paul TSE to ask: (Translation)


It has been reported that the Lands Department earlier issued warning letters to the owners of two industrial building units, alleging that they had breached the land lease conditions by operating mini-storages in their units, and requiring them to make rectification before the deadlines. Subsequently, as the owners concerned had not made rectification, the Lands Department registered the warning letters at the Land Registry (commonly known as "imposing an encumbrance"). Regarding the operation of mini-storages, will the Government inform this Council:
  • (1)whether it has conducted any investigation into or compiled statistics on the respective numbers of industrial building units in various traditional industrial areas (e.g. Kowloon Bay, Kwun Tong, Yau Tong, San Po Kong and Wong Chuk Hang) which have been converted into mini-storages; if so, of the breakdown of (i) the number of mini-storages and (ii) the number of tenants, by whether or not the use of the units concerned for such a purpose is in breach of the land lease conditions;

    (2)of the channels for members of the public to enquire whether individual mini-storages are operating in breach of the land lease conditions; whether there is any policy on or plan for the eradication of all those mini-storages operating in breach of the relevant land lease conditions and prosecution of the owners concerned; if so, of the details, and how the authorities will mitigate the impact of the eradication on the users of mini-storages; and

    (3)as there are comments that with the newly-built residential units getting smaller and housing units with an area of 200 to 300 square feet are very common, members of the public have an increasingly keen demand for mini-storages, of the Government's policies on or plans for meeting such a demand of the residents in various districts?
Public Officer to reply : Secretary for Development

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


It is learnt that the Government started to promote green burials in 2007 by fostering the necessary change in mindset in the community and encouraging the public to use more environment-friendly and sustainable means for handling cremated ashes of the deceased, such as scattering the ashes in Gardens of Remembrance ("GoRs") or at sea. However, it has been reported that the utilization rates of GoRs are rather low and there is a shortfall in the supply of public niches ("niches"). Regarding reviewing the current policy on burials for the purpose of enhancing the effectiveness of funeral facilities, will the Government inform this Council:
  • (1)of the respective numbers of cases in which cremated ashes were scattered in GoRs and at sea in each of the past 10 years, as well as the respective percentages of the relevant numbers of the deceased in the number of total deaths in that year; the size of each GoR at present;

    (2)of the total number of applications for niches in the past 10 years, and the percentage of applications in respect of which niches were allocated;

    (3)as some members of the public have relayed that some GoRs are poorly managed (such as being used for keeping miscellaneous items), how the Government manages GoRs at present and maintains their solemnity;

    (4)whether it has reviewed the existing measures for promoting green burials; whether it will provide incentives to further foster the necessary mindset change in the community, and set a target number of cases in which green burial services are used by Hong Kong people each year;

    (5)of the criteria adopted by the Government for determining the number of GoRs need to be constructed as well as for site selection; given that the Government indicated in 2013 that it had identified 24 potential sites for columbarium development, whether the Government will set aside space in each site for constructing GoRs, and how it balances the demand for and supply of niches and GoRs;

    (6)of the anticipated number of new niches to be provided by the Government in each of the coming 10 years and their locations; and

    (7)whether it will review the existing niche allocation system and accord priority in purchasing niches to those applicants who have participated in several ballots but still have not been allocated niches; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

15. Hon Kenneth LEUNG to ask: (Translation)


Article 30 of the Basic Law stipulates that the freedom and privacy of communication of Hong Kong residents shall be protected by law. No department or individual may, on any grounds, infringe upon the freedom and privacy of communication of residents except that the relevant authorities may inspect communication in accordance with legal procedures to meet the needs of public security or of investigation into criminal offences. In this connection, will the Government inform this Council:
  • (1)of the existing legislation which respectively empowers law enforcement agencies to (i) intercept the short messages transmitted through mobile phone networks, (ii) intercept communication transmitted through the Internet, including e-mails and communication transmitted through instant messaging programs/platforms (e.g. Google Hangouts, WhatsApp, Telegram) and (iii) demand mobile phone/Internet service providers to provide the user communication information stored in their servers (including users' personal information, metadata and contents of communication); and

    (2)whether law enforcement agencies, prior to carrying out the three types of operations mentioned in (1), are required to obtain authorizations from panel judges or authorizing officers under the Interception of Communications and Surveillance Ordinance (Cap. 589); if they are not, of the mechanism and procedures for authorizing law enforcement agencies to carry out such operations; if they are required to do so, in each of the past five years, the respective numbers of applications for judge's authorizations made by various law enforcement agencies to panel judges for each type of operations and, among them, the numbers of judge's authorizations granted (with a breakdown of the figures relating to operations of types (i) and (ii) by year and name of law enforcement agency, as well as a breakdown of the figures relating to operations of type (iii) by year, name of law enforcement agency and business nature of service provider)?
Public Officer to reply : Secretary for Security

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


The Government implemented the "unified screening mechanism" in March 2014 to determine claims for non-refoulement protection against expulsion, return or extradition from Hong Kong to another country on applicable grounds, including risks of torture under Part VIIC of the Immigration Ordinance (Cap. 115); torture or cruel, inhuman or degrading treatment or punishment under Article 3 of the Hong Kong Bill of Rights in section 8 of the Hong Kong Bill of Rights Ordinance (Cap. 383); and persecution with reference to the non-refoulement principle under Article 33 of the 1951 Convention relating to the Status of Refugees ("non-refoulement claims"). It has been reported that recently 13 men of Indian nationality made non-refoulement claims immediately upon their arrival in Hong Kong by air (with 12 of them taking the same flight), and nominated the same lawyer in Hong Kong of South Asian descent to represent them. Moreover, six non-refoulement claimants from Africa and three others of South Asian descent were arrested earlier for engaging in drug trafficking and illegal employment respectively during their stay in Hong Kong. When attending a committee meeting of this Council last month, some government officials pointed out that the number of non-refoulement claims received between March and the end of last year was significantly higher than before, and considered that there might be an abuse of the relevant mechanism. In this connection, will the Government inform this Council:
  • (1)of the maximum number of non-refoulement claims that the authorities can process annually, calculated on the basis of the existing screening mechanism and resources;

    (2)as government information indicates that the number of pending non-refoulement claims was 9 618 as at the end of 2014, and that the number of such claims is on the rise, of the measures that the authorities will take to enhance the efficiency of the screening procedures, as well as the timetable for and details of a review of the unified screening mechanism;

    (3)what items of humanitarian assistance that the authorities currently provide to non-refoulement claimants, as well as the number of recipients of such assistance and the relevant expenditure per person in each of the past three years;

    (4)of the number of non-refoulement claimants arrested by the Police in each of the past three years during their stay in Hong Kong, with a breakdown by type of offences in which they were involved; of the authorities' measures to ensure that such claimants will not pose any problem to Hong Kong's law and order;

    (5)whether the authorities will review the arrangements for granting visa-free access to nationals of certain countries, with a view to eliminating any abuse of the mechanism for non-refoulement claims and the problem of people working illegally in Hong Kong through making such claims;

    (6)of the average length of stay in Hong Kong of non-refoulement claimants at present, and whether the authorities have assessed if it is common among such claimants to prolong the screening procedures by deliberately being uncooperative;

    (7)of the current number of duty lawyers providing "publicly-funded legal assistance" to non-refoulement claimants and the arrangements for such claimants to nominate lawyers to represent them; among the lawyers who handled non-refoulement claims in the past five years, of the respective numbers of claims handled by the top 20 lawyers who had cumulatively handled the greatest numbers of such claims, and the number of such claims which were eventually found substantiated;

    (8)whether the authorities will consider abolishing the arrangements for non-refoulement claimants to nominate lawyers to represent them, so as to eliminate the abuse of the mechanisms for non-refoulement claims and for publicly-funded legal assistance; if they will, of the details; if not, the reasons for that; and

    (9)given that the estimated expenditure on publicly-funded legal assistance for non-refoulement claims in 2015-2016 is $108 million, of the authorities' measures to reduce such expenditure?
Public Officer to reply : Secretary for Security

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


The Chief Executive announced in his Policy Address this year that the Government would consider reserving space for cinemas in major cultural and entertainment development areas, and explore ways to facilitate cinema development through land sale and planning. I have learnt that there is general expectation among members of the film industry that such initiatives can reverse the continuous downward trend in the number of cinemas and rectify the uneven distribution of cinemas, thus facilitating the long term development of the film industry. In this connection, will the Government inform this Council:
  • (1)whether it knows the number of cinemas and their total seating capacity in each of the past 10 years (set out the information in a table by District Council district);

    (2)whether it will consider changing the existing classification under the Hong Kong Planning Standards and Guidelines to reclassify cinemas as "cultural facilities" instead of "retail facilities"; whether it will reserve sites for building cinemas when developing new towns, or include clauses requiring the grantees to build cinemas when putting up land for sale; if it will, of the details; if not, the reasons for that; and

    (3)whether it will take specific measures to support the development of cinemas, e.g. (i) assisting the film industry in setting up cinemas in districts (e.g. North District and Tai Po) where there is a lack of such facilities, (ii) extending the validity period of the places of public entertainment licence (cinema/theatre), (iii) reducing the annual fees of such licences, and (iv) streamlining the procedure for licence renewal; if it will, of the details of the measures and the implementation timetable; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

18. Hon Frederick FUNG to ask: (Translation)


The Chief Executive has indicated in this year's Policy Address that the Government must actively explore ways to increase the supply of subsidized sale flats through a multi-pronged approach by engaging public or non-profit-making organizations including the Hong Kong Housing Authority ("HA"), the Hong Kong Housing Society ("HKHS"), the Urban Renewal Authority and the Hong Kong Settlers Housing Corporation Limited ("HKSHCL"). By so doing, more property choices and home ownership opportunities will be provided for low and middle-income families. It has been reported that one of the directors of HKSHCL told the media in June and September last year that HKSHCL was considering the demolition of Tai Hang Sai ("THS") Estate, the only private low-cost housing estate owned by HKSHCL, for redevelopment into 5 000 Home Ownership Scheme ("HOS") flats. That director told the media in January this year that authorization had been obtained in respect of the redevelopment plan of THS Estate, and the offer of cash compensation to residents of the Estate in lieu of rehousing arrangement was under consideration. It has also been reported that the chairperson of the mutual aid committee of Block 8 of THS Estate published the results of a survey in early February this year which showed that 82% and 35% of the residents of THS Estate surveyed supported the redevelopment of the Estate into a public rental housing ("PRH") estate and an HOS court respectively. The Concern Group on the Rights of Tai Hang Sai Estate Residents and the Hong Kong Association for Democracy and People's Livelihood organized a residents' meeting and a community forum on redevelopment issues in January and March this year respectively, and the 400 named residents of THS Estate attending the events had indicated support for the suggestions that the Government participates in the redevelopment of the Estate, takes up the responsibility of providing in-situ rehousing by rehousing residents of THS Estate in the PRH units either in the original district or in the original estate, as well as gives them the concession of having priority to buy HOS flats. In this connection, will the Government inform this Council:
  • (1)of the latest work progress in increasing the supply of subsidized sale flats through HKSHCL; the difficulties encountered in the work; whether it knows the redevelopment approach of THS Estate;

    (2)whether, prior to the delivery of this year's Policy Address, the authorities held any formal or informal discussions with HKSHCL the increasing of the supply of subsidized sale flats, and discussed with HKSHCL the idea of building an HOS court on the site of THS Estate; if they did not, of the basis on or the conditions under which the authorities included HKSHCL in the Policy Address as one of the organizations to be engaged in increasing the supply of subsidized sale flats;

    (3)as it was stated in the written representation made by the representative of HKSHCL to the Town Planning Board in 2010 that "the representer [HKSHCL] acted as a custodian of public resources for the benefit of the public. The land within the representation site [the site of THS Estate] was a public resource to meet the housing need of low-income group...", and the Government granted the present site at a concessionary rate in 1961 for the development of THS Estate and stipulated in the land lease that HKSHCL should build flats on the site for letting to persons with low income, whether the authorities have assessed (i) if HKSHCL possesses the skills, capabilities and statutory authority required for developing subsidized sale flats as HA and HKHS (the two organizations responsible for providing subsidized housing) do, (ii) if the proposed practice of providing cash compensation to residents of THS Estate is in line with the established practices of HA and HKHS, and if such practice is in the best interests of those residents, and (iii) if the development of subsidized sale flats will violate the lease terms of the site of THS Estate; if the assessment outcome is that it will violate the lease terms, of the factors the authorities will take into account in considering whether to approve HKSHCL's application for lease modification; and

    (4)given that as indicated in a report of the 2011 Population Census, more that 30% of residents in THS Estate are elderly people aged above 65, and the residents of the Estate have clearly expressed their wish for the Government to step in by participating in the redevelopment of the Estate, and have requested the Government to offer in-situ rehousing to the affected residents by rehousing them in the PRH units either in the original district or in the original estate, as well as give them the concession of having priority to buy HOS flats, whether the authorities have formulated plans to respond to the aspirations of the residents; whether the authorities will repossess the site of THS Estate by invoking the relevant lease terms of the site of the Estate, rehouse the residents of THS Estate by following the practices adopted by HA for rehousing residents affected by PRH redevelopment, and reserve the site for PRH development; if they will not, of the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

19. Hon Kenneth LEUNG to ask: (Translation)


While the Personal Data (Privacy) Ordinance (Cap. 486) was enacted in 1995, section 33 of it, which regulates the acts of transfer of personal data to places outside Hong Kong, is not yet in operation. In this connection, will the Government inform this Council:
  • (1)as Cap. 486 has been enacted for 20 years, why the Government has not yet implemented section 33 of it; when the Government plans to implement this provision;

    (2)of the measures currently in place to regulate the acts of transfer of personal data to places outside Hong Kong and to protect the personal data concerned; and

    (3)whether the authorities and the Privacy Commissioner for Personal Data have assessed and studied the current situation of the transfer of personal data to places outside Hong Kong (including the purposes, modes and scales of transfer, protective measures, as well as the types and sensitivity of the personal data involved); if so, of the details?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

III. Bills



First Reading

Inland Revenue (Amendment) (No. 2) Bill 2015

Second Reading (Debate to be adjourned)

Inland Revenue (Amendment) (No. 2) Bill 2015:Secretary for Financial Services and the Treasury

Committee Stage and Third Reading

Appropriation Bill 2015:The Financial Secretary

Amendments to heads of estimates in
committee of the whole Council on the Appropriation Bill 2015

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

(These amendments were also issued on 20 and 21 April 2015 under LC Paper Nos. CB(3) 602/14-15 and CB(3) 613/14-15 respectively)

(Debate and voting arrangements for Committee stage amendments to the Appropriation Bill 2015 (issued on 20 April 2015 under LC Paper No. CB(3) 607/14-15))

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
Under Secretary for Labour and Welfare


IV. Member's Motions



1.Enacting legislation on standard working hours

Hon CHAN Yuen-han to move the following motion:
(Translation)

That this Council urges the Government to expeditiously enact legislation on standard working hours, the contents of which must set the number of standard working hours at 44 per week and rates of overtime pay.

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

To add "the Standard Working Hours Committee earlier proposed to enact legislation to stipulate in employment contracts the hours of work, rest periods and meal breaks, as well as the method of overtime compensation, etc.; this Council strongly opposes the Government's attempt to use 'contractual working hours' proposal in lieu of enactment of legislation to regulate working hours, and expresses deep regret that the Chief Executive fails to honour his pledge to 'examine legislative proposals on standard working hours' as set out in his election manifesto;" after "That"; and to add "and endeavour to complete the relevant legislative procedures within the current term of the Legislative Council" after "on standard working hours".

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

To add ", as the problem of overtime work is serious among employees in Hong Kong and the weekly working hours of some job types, such as teachers, can be as long as 60 hours," after "That"; and to add "; in setting standard working hours, the Government must take into account the situation of different trades and industries, and particularly in respect of education, it should conduct a study on the regulation of the teaching hours or periods of school teachers modelled on the practices in other countries, so as to maintain a reasonable workload for teachers and prevent them from being fatigued at work, thereby enhancing the quality of teaching" immediately before the full stop.

(iii)Hon YIU Si-wing to move the following amendment: (Translation)

To add ", given the differences in the job nature of various trades and industries," after "That"; to delete "expeditiously enact legislation on standard working hours, the contents of which must" after "urges the Government to" and substitute with ", when conducting studies on enacting legislation to"; and to add ", fully consult various trades and industries (including the tourism industry) and assess the impact of the legislation on the relevant trades and industries, so as to avoid creating negative and far-reaching impact on society and the economy as a result of hasty enactment of legislation" immediately before the full stop.

(iv)Dr Hon CHIANG Lai-wan to move the following amendment: (Translation)

To delete "urges the Government to expeditiously enact legislation on standard working hours, the contents of which must set the number of standard working hours at 44 per week and the rates of overtime pay" immediately before the full stop and substitute with "requests the Standard Working Hours Committee to continue to promote in-depth discussion in society on matters relating to the regulation of working hours, and make recommendations to the Government after forging a consensus on enacting legislation on standard working hours or other proposals for regulating working hours, and the Government must adopt appropriate measures to implement the relevant recommendations".

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

To delete "at 44" after "the number of standard working hours".

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

2.Abolishing the Lump Sum Grant Subvention System and the competitive bidding system implemented in the social welfare sector

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

That, on 1 January 2001, the Government abolished the previous reimbursement-based subvention system on the grounds that the system was 'inflexible, complex and bureaucratic', and introduced the Lump Sum Grant Subvention System and subsequently a competitive bidding system to commission services through a bidding process open to non-governmental organizations ('NGOs'); however, so far there has been no objective study confirming that the Lump Sum Grant Subvention System may enhance NGOs' flexibility in deploying resources to address social needs; on the contrary, for increasing cumulative reserves, some NGOs have resorted to layoffs and pay cuts and some NGOs even have to return to the Government their excess amounts of reserves exceeding the cumulative limit, whereas the Best Practice Manual formulated by the Administration for NGOs has no binding effect; in fact, the Lump Sum Grant Subvention System and the competitive bidding system have seriously affected the ecology of the social welfare sector, including affecting the normal movements of 'Snapshot Staff', causing a high turnover rate of newly recruited contract staff, and giving rise to unequal pay for equal work between NGOs and the Social Welfare Department as well as among NGOs, thus resulting in the delink of staff salaries from the salary structures and pay scales of the civil service, the absence of protection from inflation-based annual adjustments to pay rates and performance-based pay increases for staff, the maximum salaries for most positions being forced to be set below the mid-point of the salary scale of common posts in the NGOs, with the salaries of some staff members even below the entry pay point on that pay scale, giving rise to phenomena such as succession gap in the profession, short-term contract employment and excessive workloads, etc.; in respect of the provision of services, the two systems have also caused NGOs to treat each other as bidding competitors, thereby impeding the possibility of experience sharing and joint exploration of promoting service development among themselves; some NGOs have even increased fees and charging items and employed less staff to increase financial revenue, while the Government also allows NGOs to set aside large amounts of subventions as reserves without using them for providing social services, thus affecting the quality of social services and long-term social welfare planning; given that most of these NGOs are important service providers for the grassroots and the underprivileged, the cap on expenditure and the absence of staff establishment have directly hindered the provision and development of social services, eventually affecting members of the public in need; in this connection, this Council urges the Government to immediately abolish the Lump Sum Grant Subvention System and the competitive bidding system, and reinstate the reimbursement-based subvention system, so as to restore the healthy ecology of the social welfare sector, improve social welfare services and promote long-term social welfare planning.

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

To delete "," after "That" and substitute with "non-governmental organizations ('NGOs') in the social welfare sector are very important social welfare service providers, and many social welfare organizations, apart from operating various front-line social services, also operate quite a number of kindergartens and child care centres to provide early childhood education;"; to delete "non-governmental organizations (' " after "open to"; to delete " ') " before "; however"; to add "recently, it has even been reported that the Lump Sum Grant Subvention System will also be applied to the implementation of free kindergarten education, with the amount of subsidies calculated on the basis of the median salary of kindergarten teachers across the territory, letting the organizations operating kindergartens set their own salaries for kindergarten teachers;" after "in need;"; and to add "; in addition, the Government should not further extend the Lump Sum Grant Subvention System to the operation of subsidized kindergartens by calculating the amount of their subsidies on the basis of the median salary of kindergarten teachers, and allowing the social welfare organizations or other agencies operating kindergartens to deploy at their own discretion the total subvention for operating costs and salaries of teaching staff, so as not to seriously affect the quality of services and subject kindergarten teachers to pay freezes and pay cuts" immediately before the full stop.

(ii)Hon LEUNG Che-cheung to move the following amendment: (Translation)

To delete ", on 1 January 2001, the Government abolished the previous reimbursement-based subvention system on the grounds that the system was 'inflexible, complex and bureaucratic', and introduced the Lump Sum Grant Subvention System and subsequently a competitive bidding system to commission services through a bidding process open to non-governmental organizations ('NGOs'); however, so far there has been no objective study confirming that the Lump Sum Grant Subvention System may enhance NGOs' flexibility in deploying resources to address social needs; on the contrary, for increasing cumulative reserves, some NGOs have resorted to layoffs and pay cuts and some NGOs even have to return to the Government their excess amounts of reserves exceeding the cumulative limit, whereas the Best Practice Manual formulated by the Administration for NGOs has no binding effect; in fact, the Lump Sum Grant Subvention System and the competitive bidding system have seriously affected the ecology of the social welfare sector, including affecting the normal movements of 'Snapshot Staff', causing a high turnover rate of newly recruited contract staff, and giving rise to unequal pay for equal work between NGOs and the Social Welfare Department as well as among NGOs, thus resulting in the delink of staff salaries from the salary structures and pay scales of the civil service, the absence of protection from inflation-based annual adjustments to pay rates and performance-based pay increases for staff, the maximum salaries for most positions being forced to be set below the mid-point of the salary scale of common posts in the NGOs, with the salaries of some staff members even below the entry pay point on that pay scale, giving rise to phenomena such as succession gap in the profession, short-term contract employment and excessive workloads, etc.; in respect of the provision of services, the two systems have also caused NGOs to treat each other as bidding competitors, thereby impeding the possibility of experience sharing and joint exploration of promoting service development among themselves; some NGOs have even increased fees and charging items and employed less staff to increase financial revenue, while the Government also allows NGOs to set aside large amounts of subventions as reserves without using them for providing social services, thus affecting the quality of social services and long-term social welfare planning; given that most of these NGOs are important service providers for the grassroots and the underprivileged, the cap on expenditure and the absence of staff establishment have directly hindered the provision and development of social services, eventually affecting members of the public in need" after "That" and substitute with "seven years have passed since the Government conducted its first review on the Lump Sum Grant Subvention System in 2008 and during that period, the economic and social environment of Hong Kong has changed tremendously"; to delete "immediately abolish the Lump Sum Grant Subvention System and the competitive bidding system, and reinstate the reimbursement-based subvention system, so as to restore the healthy ecology of the social welfare sector," after "the Government to" and substitute with "review afresh the Lump Sum Grant Subvention System, including the amounts of subventions of Lump Sum Grant as well as the benefits and remuneration packages for front-line staff and the competitive bidding system, and to examine the compliance with the Best Practice Manual by social welfare organizations, etc., so as to provide social welfare organizations with sufficient resources to"; to delete "social welfare" after "improve"; and to add "retain talents, and at the same time to enhance the financial transparency of these organizations to ensure proper utilization of public resources to" before "promote".

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


Clerk to the Legislative Council