Legislative Council of the Hong Kong Special Administrative Region

A 17/18-15

Legislative Council

Agenda

Wednesday 24 January 2018 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Accreditation of Academic and Vocational Qualifications Ordinance (Amendment of Schedules 2 and 3) Order 2018	3/2018
2.	Energy Efficiency (Labelling of Products) Ordinance (Amendment of Schedules) Order 2018	4/2018
3.	Legal Aid in Criminal Cases (Amendment) Rules 2017 (Commencement) Notice	5/2018

Other Papers

1.	No. 66	-	Hong Kong Council for Accreditation of Academic and Vocational Qualifications Annual Report 2016/17
(to be presented by Secretary for Education)
2.	No. 67	-	Vocational Training Council Annual Report and Financial Report 2016/2017
(to be presented by Secretary for Education)
3.	No. 68	-	The Government Minute in response to the Annual Report of The Ombudsman 2017
(to be presented by Chief Secretary for Administration, who will address the Council)
4.	Report of the Bills Committee on Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) (Amendment) Bill 2017 and Companies (Amendment) Bill 2017
(to be presented by Hon WONG Ting-kwong, Chairman of the Bills Committee)
5.	Report of the Bills Committee on Inland Revenue (Amendment) (No. 5) Bill 2017
(to be presented by Hon WONG Ting-kwong, Chairman of the Bills Committee)
6.	Report of the Bills Committee on Banking (Amendment) Bill 2017
(to be presented by Hon CHAN Chun-ying, Chairman of the Bills Committee)

II. Questions

1. Hon Michael TIEN to ask: (Translation)

Some disciplined services staff have relayed to me that it has been nearly 10 years since the Government last conducted a comprehensive review of the salary structures of disciplined services, and during this period, the pressure and difficulties encountered by them when they discharge duties have grown day by day. In reply to a question raised by me on 8 February last year, the Government indicated that it would "consider whether GSRs [Grade Structure Reviews] [for disciplined services] are justified to be conducted under the existing policy framework", but no progress has been reported since then. In this connection, will the Government inform this Council:

(1)	of the respective numbers of applicants for positions in the various disciplined services in each of the past five years; whether it has studied how such numbers of job applications relate to the job duties of and remuneration packages for the various disciplined services; if so, of the details; if not, whether it will conduct such a study;
(2)	as it is learnt that seven fire personnel and five police officers died on duty in the past 10 years, illustrating that fire safety work is no less dangerous than police work, but the remuneration packages for fire personnel are inferior to those for police officers (who are remunerated on the independent Police Pay Scale) of comparable ranks, how the Government responds to the demand for a review of fire personnel's salary structure, which fire personnel and unions have, over the years, been striving for; and
(3)	of the details and progress of the study carried out by the Government on whether GSRs for disciplined services are justified to be conducted; whether the Government will commence GSRs for disciplined services shortly, with a view to responding to the aspirations of disciplined services and the public on improving the remuneration packages for disciplined services staff; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for the Civil Service

2. Hon Wilson OR to ask: (Translation)

It has been reported that to better realize the benefits of the Hong Kong-Zhuhai-Macao Bridge ("HZMB"), the authorities of Hong Kong, Zhuhai and Macao are studying the introduction of a "park-and-ride" arrangement. Residents of the three places may, upon obtaining a one-off permit, drive a private car not issued with a vehicle licence for use in the place of destination to cross the boundary via HZMB, and park the car in a car park in the closed area of the boundary control point in the place of destination, and then change to local public transport together with other passengers on board after going through immigration clearance. On facilitating private cars to use HZMB, will the Government inform this Council:

(1)	of the progress of the authorities' discussion with the authorities of Zhuhai and Macao on the aforesaid arrangement, and the consensus reached so far on the permitted duration of stay after entry, the quota and eligibility criteria for application for such permits, etc.;
(2)	whether it will consider providing a car park in HZMB Hong Kong Boundary Crossing Facilities for inbound private cars to dovetail with the implementation of the aforesaid arrangement; whether it knows the measures to be introduced by the authorities of Zhuhai and Macao to complement the aforesaid arrangement; if it does, of the details; and
(3)	of the number of cross-boundary private cars issued with both Guangdong and Hong Kong vehicle licences in each of the past three years; whether it has discussed with the authorities of Macao the issuance of Macao vehicle licences for Hong Kong private cars; if so, of the details (including the quota and eligibility criteria for application); if not, the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

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

Recently, there has been an appalling case in which a young child died allegedly due to abuse. Also, a female athlete has disclosed publicly that she was sexually abused by a coach when she was young. There are comments that although school social workers and teachers are in frequent contacts with children, they often overlook signs of physical or sexual abuses of children due to heavy workload and the shortage of manpower. Furthermore, the existing Sexual Conviction Record Check ("SCRC") Scheme is not comprehensive and thus unable to prevent persons with previous records of sexual conviction from engaging in child-related work. In this connection, will the Government inform this Council:

(1)	whether, for the purpose of early detection and prevention of child abuse cases, the Government will implement the following measures: (1) extending the existing policy under which primary and secondary schools are required to report to the Education Bureau all cases of student dropouts and departures to kindergartens, and reviewing the relevant mechanisms and procedures, (2) stepping up the training for headmasters and teachers of kindergartens and primary schools to enhance their alertness to child abuse cases, (3) providing additional resources to extend the measure of "One School Social Worker for each Secondary School" to primary schools and increasing the manpower of social workers for each school, (4) enhancing the case referral mechanism, including having the Social Welfare Department proactively follow up cases referred to it by kindergartens, (5) stepping up education and support for parents, such as the provision of online resources on parenting, management of emotions, etc. and the setting up of a parent counselling hotline, and (vi) stepping up publicity to call on members of the public to be more alert and, in the event of signs of child abuse having been noted, offer help immediately or take the initiative to report the case; if it will implement such measures, of the details and the implementation timetable; if not, the reasons for that;
(2)	whether, for the purpose of preventing persons with previous records of sexual conviction from engaging in child-related work, the Government will review and improve the SCRC Scheme, such as (1) imposing a mandatory requirement for the relevant organizations and enterprises to conduct checks on all existing and prospective employees, and (2) permitting parents hiring private tutors to conduct checks on the applicants; if so, of the details and the implementation timetable; if not, the reasons for that; and
(3)	of the Government's measures to assist employers in drawing up codes of practice in respect of their employees engaging in duties that involve staying alone or physical contacts with children, providing training to such employees, and setting up a complaint mechanism, so as to prevent children from being sexually abused?

Public Officer to reply : Secretary for Labour and Welfare

4. Hon Paul TSE to ask: (Translation)

The Buildings Department ("BD") has adopted a zero-tolerance approach for unauthorized building works ("UBWs") in recent years. In old districts such as Kwun Tong, Wong Tai Sin, Ngau Tau Kok, San Po Kong and Lei Yue Mun, a large number of commercial and residential buildings are suspected of having UBWs, with numerous instances of BD issuing removal orders for UBWs. For example, BD has issued removal orders in respect of the unauthorized rooftop structures in a number of buildings located on Yuet Wah Street in Kwun Tong, in which many elderly property owners have lived for the past few decades. Also, BD has ordered the owners of some seafood restaurants in Lei Yue Mun to remove the UBWs there, which were erected for protection against typhoons and waves and for showcasing the fishing village's characters, thus reverting to the original primitive squatter structures. On the contrary, when she attended this Council's Question and Answer Session held earlier this month, the Chief Executive ("CE") called on the various sectors of the community to adopt a forbearing attitude towards the UBWs found in the residence of the newly appointed Secretary for Justice ("SJ "). Some media have described this approach of handling the incident as "giving officials a full licence to set a fire while forbidding the common people even to light a fire for their lamps". CE also pointed out that the policy for handling UBWs had changed continuously in the past decade, and that the authorities treated UBWs involving government officials and members of the public under the principle of equal footing and fairness. In this connection, will the Government inform this Council:

(1)	whether it has assessed if there is any difference in terms of the attitude and practices adopted when CE and the relevant government departments dealt with the UBWs found in the residences of the former CE and senior government officials, and the cases of alleged UBWs in the properties of members of the public (in particular the unauthorized rooftop structures on Yuet Wah Street);
(2)	whether it has assessed if members of the public and shop operators could, on grounds of insufficient alertness and sensitivity, request the authorities to review afresh their UBW cases; if it has assessed, of the outcome; if not, the reasons for that; and
(3)	whether BD will, in response to CE's calling on the adoption of a forbearing attitude in dealing with the UBW issue involving SJ's residence and as it has been reported that it would take BD 100 years to complete the handling of the UBW cases which have accumulated to over 800 000, review and revise the relevant policy; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Development

5. Hon Charles Peter MOK to ask: (Translation)

It was reported in the press on the sixth of this month, the day on which the Secretary for Justice ("SJ") took office, that there were a number of unauthorized building works ("UBWs") contravening the Buildings Ordinance in SJ's residence which she owned through a company. SJ subsequently stated that an authorized person appointed by her and personnel of the Buildings Department had, after verification, confirmed the matter. Some members of the public have expressed concern about the integrity and conduct of principal officials, and whether there were errors or omissions in the integrity checking conducted on candidates for principal official posts, resulting in the failure to uncover the UBWs in SJ's residence. In this connection, will the Government inform this Council:

(1)	how the Government ensures that criminal investigations and legal proceedings (if any) relating to the UBWs in SJ's residence are conducted impartially;
(2)	whether the existing Code for Officials under the Political Appointment System has provided that punishments may be imposed on those principal officials found to have made false statements or misleading omissions in the process of integrity checking; if so, of the details; if not, the reasons for that; and
(3)	as UBWs have been uncovered in recent years in the residences of a number of principal officials, whether the Government has reviewed if there are any inadequacy in the integrity checking conducted on candidates for principal official posts; if it has reviewed, of the outcome; whether improvements will be made, such as requiring the candidates concerned to submit certifications issued by authorized persons that no UBWs are found in the properties in which the candidates have beneficial interests?

Public Officer to reply : Secretary for Constitutional and Mainland Affairs

6. Hon Kenneth LEUNG to ask: (Translation)

The Secretary for Justice ("SJ") is a principal official under the Political Appointment System of the Hong Kong Special Administrative Region Government. The functions of SJ include controlling law drafting and criminal prosecutions, soliciting support from this Council and the public for government policies and proposals, etc. In this connection, will the Government inform this Council:

(1)	of the respective mechanisms currently in place for ensuring that the work of the Department of Justice ("DoJ") relating to criminal prosecutions is free from any interference and for handling the situation that role conflicts have arisen between the exercise of criminal prosecution function by SJ and her exercise of other functions or her personal affairs;
(2)	of the number of times, in each of the past five years, for which the exercise of a function of SJ was transferred to the Solicitor General, the Director of Public Prosecutions or other law officers of DoJ in order to avoid any perceived or real role conflicts; among them, the number of times for which the work relating to criminal prosecutions was involved; and
(3)	given that the Special Committee on Constitutional Affairs and Human Rights of the Hong Kong Bar Association and a former Executive Council Member have separately proposed earlier on that SJ shall vest all decisions relating to criminal prosecutions in the Director of Public Prosecutions, to be made independently and free from any interference, to avoid the public perception that certain criminal prosecution decisions might have been affected by SJ's exercise of other functions, whether the Government will consider that proposal; if not, of the justifications for that?

Public Officer to reply : Secretary for Justice

*7. Hon YIU Si-wing to ask: (Translation)

It has been reported that the Mainland railway authorities have enhanced and adjusted the high-speed rail ticketing system and the automatic ticketing machines ("ATMs") installed at the 200-odd stations along the high-speed rail routes, thus enabling Hong Kong and Macao residents to buy and pick up tickets by swiping their Hong Kong and Macao Residents Entry and Exit Permits (commonly known as "home return cards") through the ATMs, and obviating the need for them to spend time on queuing up for counter services for ticketing matters. Some Hong Kong residents have relayed that the ticketing system's performance is unstable, and therefore they often fail to buy and pick up tickets through the ATMs. In this connection, will the Government inform this Council:

(1)	whether it will discuss with the Mainland railway authorities ways to ensure that, upon the commissioning of the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL") in the third quarter of this year, ATMs compatible with home return cards will be provided in all of the stations where XRL trains departing from the West Kowloon Station will make terminal and intermediate stops; if so, of the details; if not, the reasons for that;
(2)	whether it knows the number of high-speed rail stations which are currently provided with ATMs compatible with home return cards as well as the name of those stations; whether the Mainland railway authorities will install more of such machines; if so, of the number, and set out the installation timetable by name of station;
(3)	given that at present, Mainland residents may take the high-speed trains without holding physical tickets, by directly tapping the ticket gates with their second-generation resident identity cards, whether the Government has discussed with the Mainland railway authorities the feasibility of taking the high-speed trains by tapping the ticket gates with home return cards; and
(4)	whether it will set up a joint working group with the Mainland railway authorities to discuss ways to upgrade the functions of the ticketing system of the high-speed rail and enhance its stability, so as to make it more convenient for Hong Kong residents to buy tickets; if so, of the details (including the work plan and timetable); if not, the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

*8. Hon CHEUNG Kwok-kwan to ask: (Translation)

Under the law, restaurant operators are required to obtain a restaurant licence ("full licence") issued by the Director of Food and Environmental Hygiene before commencement of business. They may apply for a provisional licence at the time of or after submitting an application for a full licence. Where the applicants have proved that the various basic requirements have been met, they may be issued a provisional licence with a validity period of six months so that their restaurants may open for business pending the issuance of a full licence. It is learnt that as the conditions for issuing a provisional licence are more lenient than those for a full licence, some operators of restaurants which fail to comply with the latter have made successive new applications for a restaurant licence under different names of operators, so that their restaurants may open for business continuously under a provisional licence ("Loophole 1"). Moreover, even if the Food and Environmental Hygiene Department ("FEHD") has obtained from the court a closure order in respect of the premises of an unlicensed restaurant, the restaurant operator may nullify the closure order simply by changing the name of the operator. As a result, FEHD is unable to eradicate the restaurant through applying for a closure order, and it can only conduct regular inspections on and institute prosecutions against that restaurant ("Loophole 2"). It has been reported that a restaurant, which has been operating for two years but has never been issued with a full licence, was granted a liquor licence while it was holding a provisional licence. The restaurant has continued to operate after the expiry of its provisional licence and its operator has thus been prosecuted by FEHD for nearly 20 times for operating an unlicensed restaurant. Yet, by taking advantage of the aforesaid loopholes, the restaurant has succeeded in avoiding eradication and continued to operate till now. In this connection, will the Government inform this Council:

(1)

of the number of restaurants in the territory which operated under a provisional licence as at 31 December last year; the number of restaurants in respect of which multiple applications had been made under different names for a full licence in respect of a restaurant operating in the same premises, and among such restaurants, the number of those in respect of which the earliest application for a full licence was submitted more than two years ago;

(2)

of the number of prosecutions instituted by FEHD against the operators of unlicensed restaurants in the past five years; among such prosecutions, the highest number of prosecutions instituted against the operator(s) of restaurant(s) operating in the same premises; (i) a breakdown of the number of such restaurants by the number of times for which their operators were prosecuted and, (ii) among such restaurants, the number of those which had been eradicated (set out in the table below);

Number of prosecutions instituted	(i)	(ii)
Once
Two to five times
Six to 10 times
11 to 15 times
16 to 20 times
21 times or more
Total

(3)

whether FEHD has formulated guidelines stipulating that unlicensed restaurants operating in the same premises should be eradicated after the operators concerned have been prosecuted by summons for a certain number of times in total; if so, of the criteria adopted by FEHD for determining such a number; if not, whether FEHD will consider formulating such guidelines;

(4)

of the number of liquor licence applications made in the past three years by operators of restaurants issued with a provisional licence; whether it has plans to review the provisions under which such restaurants may be issued a liquor licence;

(5)

of the new measures put in place to plug the two aforesaid loopholes; and

(6)

whether it will examine raising the penalties for operating an unlicensed restaurant (e.g. increasing the maximum level of the fine), so as to avoid the fine being regarded by restaurant operators as part of their operating costs and hence being unable to achieve any deterrent effect?

Public Officer to reply : Secretary for Food and Health

*9. Hon Steven HO to ask: (Translation)

In recent years, the Government has resumed a number of private agricultural lands in the New Territories for implementing development plans. Quite a number of farmers have relayed to me that some owners of agricultural lands have, after learning that their lands have been brought into the scopes of development plans, tried to drive their farmers to move out of their lands before the commencement of freezing surveys by employing every means (e.g. substantially increasing the rents and shortening the tenancy periods), in the hope of receiving higher compensations. Although the Government has implemented rehabilitation schemes for farmers affected by development plans, the progress for agricultural land matching is slow. Furthermore, the Government has acquired agricultural lands from time to time for use as temporary work sites for development plans, but subsequently reverted to farmers the agricultural lands with surface soil so severely damaged that they are not suitable for farming, or did not revert the lands to them at all, resulting in indefinite delay in the resumption of farming by farmers. In this connection, will the Government inform this Council:

(1)	of (i) the number of affected farmers under the various development plans (including Yuen Long South, Kwu Tung North and Fanling North New Development Areas, as well as Hung Shui Kiu New Development Area) in the past five years, as well as the respective areas of (ii) agricultural lands and (iii) active agricultural lands involved;
(2)	notwithstanding that the authorities' reason for not conducting the freezing surveys for farmers at an earlier stage is to prevent those farmers who have moved in after the completion of freezing surveys from being disqualified to claim ex-gratia allowances, how the authorities will improve the arrangements for freezing surveys, so that farmers who have been driven to move out by owners before the commencement of freezing surveys may receive reasonable compensations;
(3)	of the details of the rehabilitation schemes implemented in the past five years by the authorities in respect of the various development plans in the New Territories (including implementation timetables, respective areas of government lands and private lands involved, as well as the findings of the studies on whether the lands concerned were suitable for farming); the specific arrangements for implementing the special agricultural land rehabilitation schemes applicable to Yuen Long South, Kwu Tung North and Fanling North New Development Areas, as well as Hung Shui Kiu New Development Area, which are under study by the authorities;
(4)	given that there are now nearly 300 cases pending agricultural land matching under the rehabilitation schemes, and the matching time is as long as up to four to five years, whether the number of such cases and the waiting time for matching have shown an upward trend recently; if so, whether the authorities have looked into the reasons for that; whether immediate measures (e.g. increasing manpower) are in place to expedite the matching efforts, so as to assist the affected farmers in resuming farming as early as possible; if so, of the details; if not, the reasons for that; and
(5)	of the authorities' compensation policy in relation to acquisition of agricultural lands on a temporary basis; whether the authorities will, under such policy, offer compensations for a decrease in the economic value of agricultural lands caused by damage of surface soil; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Development

*10. Hon Jeremy TAM to ask: (Translation)

In recent years, the Government has implemented a series of measures to increase land supply through a multi-pronged approach so as to meet the land demand in respect of housing as well as economic and social development in Hong Kong. One of the measures is to rezone "Green Belt" ("GB") sites for other uses. However, there are comments that not only will this measure damage the ecological environment, but it may also be not cost-effective. Regarding the statistics on and the rezoning of GB sites, will the Government inform this Council of:

(1)	the total area of GB sites in each District Council district and the year-on-year change in each of the past five years (to be set out in a table);
(2)	the number of GB sites the rezoning of which for other uses was approved by the Town Planning Board in each of the past five years; the total area of such sites and, among them, the respective numbers of those sites which were (i) devegetated, deserted or formed, and (ii) vegetated, before rezoning (to be set out in a table); and
(3)	the respective numbers and total area of the existing GB sites which are (i) vegetated and (ii) devegetated?

Public Officer to reply : Secretary for Development

*11. Hon Kenneth LAU to ask: (Translation)

Quite a number of members of the public enjoy hiking in the mountains in the fine autumn weather. However, a number of fatal accidents in which hikers fell from a height after losing their footing have occurred one after another recently. Such accidents have aroused concerns about whether the safety awareness of hikers is adequate, and whether hiking trails are well-maintained. A mountaineering expert has pointed out that the large number of hikers during holidays has speeded up the wear and tear of some popular hiking trails, but such trails are left unrepaired over a long period of time. In addition, some hikers veer off the existing trails for shortcuts, resulting in soil erosion in the intertwining breakaway tracks on both sides of quite a number of trails, thereby aggravating the wear and tear of the trails. Regarding the safety of hikers, will the Government inform this Council:

(1)	whether it has compiled statistics on the respective numbers of trails within and outside the ambit of the Agriculture, Fisheries and Conservation Department ("AFCD") at present; of the name (if any), the starting point and end point of each trail, as well as the government department(s) responsible for its maintenance;
(2)	of the number of activities (e.g. "Trail Maintenance Workshop") organized by AFCD to recruit hikers as volunteers to help repair trails in each of the past five years; the details of such activities (including (i) the numbers of participating volunteers, (ii) the dates on which such activities took place, (iii) the names (if any) of the trails concerned, (iv) the problems addressed by the repair works, and (v) the difficulties encountered in the repair process);
(3)	whether AFCD has designated staff members dedicated to repairing hiking trails; if not, of the reasons for that; if so, the current staffing establishment, and the details of the repair works undertaken by such staff members in the past five years (including (i) the dates on which such works were undertaken, (ii) the names (if any) of the trails concerned, (iii) the problems addressed by the repair works, and (iv) the difficulties encountered in the repair process);
(4)	given that all of the several recent fatal accidents which involved hikers falling from a height happened at spots far away from existing trails, how the authorities will step up public education and publicity, so that hikers will put primary emphasis on their personal safety, and refrain from taking risks in order to flaunt their ability; and
(5)	whether AFCD will step up publicity so that members of the public are aware of the availability of information on accident black spots in country parks on its website?

Public Officer to reply : Secretary for the Environment

*12. Hon LUK Chung-hung to ask: (Translation)

Regarding the public light buses ("PLBs"), will the Government inform this Council:

(1)	of the respective numbers of complaints received in each of the past three years by the authorities about the services of red minibuses ("RMBs") and green minibuses ("GMBs"), with a breakdown by type of complaint;
(2)	of the authorities' measures in the past three years to encourage the operators of RMBs to apply for the operation of green minibus routes, and the number of RMBs converted to GMBs each year;
(3)	given that the statutory ceiling for passenger seating capacity of PLBs has been raised from 16 to 19 seats since 7 July of last year, whether the authorities have
	(i)	compiled statistics on the existing number of RMBs and GMBs converted to provide 19 seats which (a) are in service after passing the vehicle examination and (b) have not yet passed the vehicle examination; and
	(ii)	looked into how the current respective business conditions of RMBs and GMBs compare with those before 7 July of last year; and
(4)	whether it will consider cancelling the restriction zones on certain roads where drivers of PLBs are prohibited from picking up or setting down passengers, or relaxing the prohibition hours of such zones, with a view to improving the operating environment for PLBs; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

*13. Hon Tanya CHAN to ask: (Translation)

In October 2013, the Director of Audit published the results of value for money audits on the Government's "direct land grants to private sports clubs at nil or nominal premium". In response to the report, the Government set up an inter-departmental working group ("the working group") in June 2014 to review the policy on private recreational leases ("PRLs"), and it anticipated that preliminary findings of the review would be available by the end of that year. However, the Government has not completed the review so far. In this connection, will the Government inform this Council:

(1)

of (i) the membership and (ii) the government official in charge of the working group; the number of meetings held by the working group so far, as well as the date and venue of each meeting; whether the relevant documents and minutes of meetings can be made public; the work progress of the working group, and whether a preliminary report has been completed; if so, whether it can be made public immediately;

(2)

when the authorities will (i) publish the review report, (ii) report to this Council the review findings and (iii) consult the public on the recommendations in the review report;

(3)

of the number and details of cases in the past five years in which lessees did not comply with the requirement in PRLs to submit quarterly reports on the situation of their facilities being opened up to outside bodies; whether the authorities can make public all of the quarterly reports received so far; the number of inspections conducted by the authorities in the past three years to examine whether the lessees had opened up their facilities in the same manner as that described in the quarterly reports submitted, and the details and findings of such inspections;

(4)

whether it knows, in each of the past three years, the respective total numbers of hours for which the various PRL venues were (i) available for use and (ii) actually used, by outside bodies (set out in Table 1);

Table 1

	Name of lessee	2015		2016		2017
	Name of lessee	(i)	(ii)	(i)	(ii)	(i)	(ii)
1.

(5)

whether it knows, in each of the past three years, the respective (i) total number of hours for which various outside bodies used PRL venues and (ii) the fees paid by such bodies for that (set out in Table 2);

Table 2

	Name of outside body	2015		2016		2017
	Name of outside body	(i)	(ii)	(i)	(ii)	(i)	(ii)
1.

(6)

whether the seven PRLs expiring last year and this year have been/will be renewed; if so, of (i) the terms of the new PRLs and (ii)‍ the justifications for granting the new PRLs, broken down by name of lessee;

(7)

of the current number of cases in which lessees are allowed to set up restaurants and accommodation facilities on the PRL sites, and set out such facilities by name of lessee;

(8)

given that the Lands Department ("LandsD") issued a "holding over" letter to The Clearwater Bay Golf and Country Club on six occasions during the period from March 2013 to December 2015, allowing the lessee to hold over the site the PRL of which had expired in 2012, of the reasons why LandsD subsequently granted the lessee a PRL for a term of 12 years, and by whom and on what ground that the decision was made; whether the authorities have assessed if it was appropriate to make such a decision while the PRL review is underway;

(9)

of the number of cases of PRL renewal approved by LandsD since the launch of the review and the expiry dates of the renewed PRLs, broken down by name of lessee; and

(10)

of the amount of government rent paid by each PRL lessee in each of the past three years (set out in a table)?

Public Officer to reply : Secretary for Home Affairs

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

In July last year, the General Office of the State Council promulgated the Implementation Plan on Advancing Reform of the Administration System on Import of Solid Wastes through Prohibiting Import of Foreign Rubbish ("the Plan"). Measures under the Plan include gradually and systematically reducing the types and quantities of imported solid waste, raising the threshold for importing solid waste, and banning the import of household waste plastics, unsorted waste paper, etc. To tie in with the Plan, the Environmental Protection Department ("EPD") has launched a new round of clean recycling publicity and public education campaign earlier which focuses on educating the public to put "three types of waste paper and two types of waste plastic containers" into the waste separation bins placed in residences and workplaces, as well as those on roadside. The three types of waste paper include paperboard, newspapers and office papers, and the two types of waste plastic containers include plastic containers for beverages and those for personal care products. EPD calls on the public to properly sort and tie up waste paper and rinse plastic containers before putting them into waste separation bins. Other types of waste paper and waste plastics should no longer be put into waste separation bins. Regarding the implementation of the clean recycling policy, will the Government inform this Council:

(1)	of the respective numbers of rubbish bins and waste separation bins currently placed in public areas, with a breakdown by District Council district; (i) the quantities of the various types of waste collected through such waste separation bins, and among them, the respective quantities of those (ii) recycled and (iii) transferred to landfills/incinerators for disposal, in each of the past 12 months, with a breakdown by type of waste (including the waste that come under the category of three types of waste paper and two types of waste plastic containers and otherwise);
(2)	whether, before the introduction of the clean recycling policy, the authorities had made reference to the experience of overseas countries or places in implementing relevant policies; if so, of the details;
(3)	if the authorities have studied whether, after the implementation of the clean recycling policy, channels will be available for the recovery of waste that do not come under the category of three types of waste paper and two types of waste plastic containers; if recovery channels will be available, of the authorities' measures to ensure that such waste will continue to be recovered for the purpose of recycling; if no recovery channels will be available, whether transfer to landfills for disposal is the only means to dispose of waste that do not come under the category of three types of waste paper and two types of waste plastic containers;
(4)	whether the authorities have issued practice guidelines to recyclers so as to ensure that waste exported from Hong Kong to the Mainland will meet the new standards; if so, of the details;
(5)	whether the authorities have plans to update the design of the existing waste separation bins and to provide rinsing facilities in the vicinity of the waste separation bins, so as to facilitate the public to properly rinse the two types of plastic containers before putting them into the bins; if so, of the details; and
(6)	whether the authorities have (i) requested the management units and staff of premises (including public housing estates, private residential buildings, as well as commercial and industrial buildings) provided with waste separation bins to adopt measures that tie in with the implementation of the clean recycling policy, and (ii) made recommendations to the such units and staff regarding recycling facilities and the relevant publicity and education work; if so, of the details?

Public Officer to reply : Secretary for the Environment

*15. Hon Alice MAK to ask: (Translation)

The Government announced in the Policy Address published in October 2017 that it would earmark $1 billion for setting up a fund to subsidize elderly service units to trial use and procure technology products, in order to promote gerontechnology for improving the quality of life of elderly persons and enhancing the quality of elderly services by reducing the burden and pressure of carers and care staff. However, I have learnt that the Social Welfare Department recently issued a warning to a residential care home for the elderly ("RCHE"), which had used a computerized system for drug dispensing and management, because the way in which drugs were stored and prepared under the system was in violation of the relevant requirements under the Code of Practice for Residential Care Homes (Elderly Persons) and the Operational Manual on Drug Management in Residential Care Homes for the Elderly 2007. In this connection, will the Government inform this Council:

(1)	of the technological, financial and policy support provided by the authorities at present to those elderly service units intending to use or trial use gerontechnological products;
(2)	whether the authorities conducted reviews in the past two years to see if the requirements concerning the daily operation of RCHEs under the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459), the Code of Practice for Residential Care Homes (Elderly Persons) and the Operational Manual on Drug Management in Residential Care Homes for the Elderly still suited the current circumstances, including whether such requirements had impeded the use of gerontechnological products by RCHEs; if they did not conduct any review, whether they will conduct such reviews expeditiously; if they did, of the progress and outcome, including whether outdated requirements impeding the use of gerontechnological products by RCHEs had been found; if so, whether the authorities will, prior to amending such requirements, approve the use of the relevant products on a discretionary basis in light of the actual circumstances; and
(3)	whether the Innovation and Technology Bureau, the Labour and Welfare Bureau and the Social Welfare Department will set up a joint working group to promote the research, development and application of gerontechnological products suitable for use by local elderly service units, and assist such units in tackling the problems encountered in using such products?

Public Officer to reply : Secretary for Labour and Welfare

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

The Government indicated in reply to a question raised by a Member of this Council on 7 June last year that the Transport Department was currently conducting a pilot scheme to test a video pedestrian detection device (i.e. smart traffic lights) at junctions with different traffic conditions and road environment in Hong Kong. Regarding the development of smart traffic light systems, will the Government inform this Council:

(1)	of the number and locations of the junctions currently installed with smart traffic lights under the pilot scheme, and the expenditure incurred so far;
(2)	how the authorities will assess the cost-effectiveness of the pilot scheme; whether there are specific assessment criteria; if so, whether such criteria include if the device can reduce (i) the waiting time of pedestrians in the waiting zones and (ii) unnecessary stopping of vehicles; if so, of the details; if not, the reasons for that; and
(3)	whether it has studied the relevant experience of overseas places such as Singapore with a view to improving the scheme for the development of the smart traffic light systems in Hong Kong; if so, of the details; if not, whether the authorities will conduct the study?

Public Officer to reply : Secretary for Transport and Housing

*17. Hon WU Chi-wai to ask: (Translation)

The Government announced in the Policy Address delivered in January last year that the asset limits for applicants of the Old Age Living Allowance ("OALA") would be relaxed ("Measure 1") and a Higher OALA would be introduced ("Measure 2"). While Measure 1 has been implemented since May last year, Measure 2 will be implemented in the middle of this year after the Social Welfare Department ("SWD") has enhanced its computer system. On the other hand, the Community Care Fund has, since 3 July last year, lowered the age threshold for the beneficiaries under the Elderly Dental Assistance Programme from 75 to 70 years old. In this connection, will the Government inform this Council:

(1)	of the progress of the work of SWD to enhance its computer system for implementing Measure 2, and the exact date for the implementation of the Measure;
(2)	among the elderly persons who were receiving OALA prior to the implementation of Measure 1, of the number of those, in the Auto-conversion Phase, who will meet the eligibility criteria under Measure 2 for receiving Higher OALA, based on SWD's estimation;
(3)	whether it has plans to review afresh the asset and income limits for applicants of OALA; if so, of the details; if not, the reasons for that;
(4)	of the number of applications received from 3 July to 31 December last year under the Elderly Dental Assistance Programme, and how that number compares with that in the preceding half year; whether it will consider further lowering the age threshold for the beneficiaries under the Programme to 65 years old, so as to benefit more elderly persons; and
(5)	given that the Kwai Tsing District Council launched in November 2015 and October 2014 respectively two projects under the Signature Project Scheme which targeted at the residents within the district, namely the (i) dental care and (ii) optometric/ocular examination projects, whether the Government will make reference to the arrangements of these two projects and implement similar projects in all districts across the territory; if so, of the details?

Public Officer to reply : Secretary for Labour and Welfare

*18. Hon Jimmy NG to ask: (Translation)

Some survey findings showed that the continuing education participation rate of persons aged between 18 and 64 in Hong Kong in 2013 was 25.4%, which was lower than the 28.1% of 2005 and far below the relevant rates in Singapore, the United States and Canada (which were 55%, 55% and 54% respectively) in 2016. On the other hand, the number of claims made to the Continuing Education Fund ("CEF") for reimbursement of tuition fees declined continuously in the past decade, falling from 73 138 claims in 2006-2007 to 19 912 claims in 2016-2017. In this connection, will the Government inform this Council:

(1)	whether it has explored the reasons for the continuous decline in the past decade in the number of claims made to CEF for reimbursement of tuition fees; if so, of the outcome; if not, the reasons for that; of the Government's plans for promoting CEF in the coming three years;
(2)	as the cumulative total amount of tuition fees reimbursable by CEF which a claimant is entitled during his lifetime is only $10,000 and that ceiling has never been adjusted since CEF's inception in 2002, whether the Government will consider raising that ceiling according to the rate of increase in commodity prices over the past 15 years; if so, of the details; if not, the reasons for that;
(3)	given that the tuition fees of quite a number of diploma and higher diploma courses are about $30,000 to $40,000, whether the Government will study raising the amount of CEF's subsidy for persons studying such courses; if so, of the details; if not, the reasons for that;
(4)	as some members of the public have expressed that web-based distance learning courses (including massive open online courses) are more flexible as they can pursue continuing education according to their own timetable and pace, whether the Government will consider adding this type of courses to the Reimbursable Courses List of CEF; if so, of the details; if not, the reasons for that; and
(5)	given that the Singaporean Government has, in respect of employer-sponsored training courses, provided employers with (i) subsidies of 50% to 95% of the course fees and (ii) absentee payroll funding, whether the Government will consider adopting similar practices so as to encourage employers, through economic incentives, to allow their employees to pursue continuing education; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Labour and Welfare

*19. Hon Holden CHOW to ask: (Translation)

It has been reported that MP5 submachine guns ("MP5") have been extensively used by a number of units within the Police Force since the 70s of the last century, and a German firearms manufacturer has stopped selling MP5 as well as their parts and accessories to the Hong Kong Police Force ("HKPF") starting from early last year. In this connection, will the Government inform this Council:

(1)	whether it knows the reasons why the aforesaid firearms manufacturer has stopped selling such firearms products to HKPF; whether other firearms manufacturers in Germany have also stopped selling such products to HKPF;
(2)	whether the Police encountered any difficulty in purchasing firearms products from member countries of the North Atlantic Treaty Organization other than Germany last year; and
(3)	for how long the Police's existing stock of MP5 parts may last for repair purpose; whether the Police have commenced the procurement procedures for firearms products to replace MP5 and when the replacement exercise is expected to complete; whether a vacuum period of firearms shortage will emerge?

Public Officer to reply : Secretary for Security

*20. Hon Kenneth LEUNG to ask: (Translation)

Under section 103 of the Crimes Ordinance (Cap. 200), a person who, without the consent in writing of the Monetary Authority ("MA"), reproduces on any substance whatsoever, and whether or not to the correct scale, any Hong Kong currency note or any part of a Hong Kong currency note, commits an offence. Currency notes include notes which have been lawfully issued in Hong Kong or elsewhere than in Hong Kong. It has been reported that in the year before last, the police found in a props company 223 000 reproduced notes which were claimed to be used as film props, and subsequently instituted prosecution by invoking section 102 of the Ordinance against the owner of the company for possessing counterfeits of currency notes. Trial of the case commenced early this month. Some members of the film industry have indicated that a vast majority of the members of the industry have all along been unaware of such legal requirements for years. In this connection, will the Government inform this Council:

(1)	of the procedure for making applications to MA for reproducing banknotes;
(2)	of the respective numbers of applications for reproducing banknotes received by, consented to and rejected by MA in each of the past five years; the average processing time for such applications; the major type of the applicant organizations; if there were rejected applications, of the reasons for that;
(3)	whether MA publicized, in the past five years, among the practitioners and organizations in the film industry and related industries the application procedure and the relevant legal requirements for reproducing banknotes; if so, of the details; if not, the reasons for that; and
(4)	whether it has plans to discuss with the practitioners and organizations in the film industry and related industries matters such as the reproduction of banknotes and the use of such replicas as props, and draw up a more flexible and simpler application procedure in light of the actual circumstances; if so, of the details; if not, the reasons for that?

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

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

At present, quite a number of students cross the boundary from the Mainland to attend school in Hong Kong ("cross-boundary students") every day. It has been reported that the number of cross-boundary students graduating from primary schools this year will be significantly higher than those in the past few years. Although the number of Secondary One ("S1") places for the next school year will increase accordingly, there will only be an additional 283 S1 places in secondary schools using English as the medium of instruction, which are more popular among parents. It is therefore expected that there will be intense competition for S1 places. In this connection, will the Government inform this Council:

(1)	of the number of cross-boundary students who will progress to S1 in the next school year, and its percentage in the total number of S1 students, as estimated by the authorities;
(2)	since there will be an increase in the number of cross-boundary students progressing to S1 in the next school year, whether the authorities will allocate additional resources to those schools in districts such as the North District and Tai Po, which have all along been admitting a relatively larger number of cross-boundary students; if so, of the details;
(3)	given the differences between cross-boundary and local students in aspects such as culture and language, of the additional measures to be put in place by the authorities to assist cross-boundary students progressing to S1 in adapting to school life quickly; and
(4)	as it is expected that the demand for S1 places will rise continuously between the current school year and the 2020-2021 school year, of the authorities' long-term plans for the supply of S1 places in the coming few years?

Public Officer to reply : Secretary for Education

*22. Hon Alice MAK to ask: (Translation)

Recently, some community groups have relayed to me that the elderly, especially women, have a higher risk of developing osteoporosis. As osteoporosis has no obvious symptoms, quite a number of women were not diagnosed with osteoporosis until they received treatment for fractures caused by collisions or falls. Regarding the prevention and treatment of osteoporosis, will the Government inform this Council:

(1)	whether it knows the current number of osteoporosis patients in Hong Kong, together with a breakdown by the patients' gender and bone mineral density ("BMD") test scores;
(2)	whether it knows the number of new confirmed cases of osteoporosis in various public hospitals in each of the past 10 years, and the respective numbers of osteoporotic persons who, after sustaining fractures, (i) were admitted to hospitals for treatment, and (ii) died from complications (with a breakdown of such numbers by gender);
(3)	whether it knows the respective numbers of BMD tests performed on women in the various (i) public hospitals and (ii) Woman Health Centres ("WHCs") under the Department of Health ("DH") in each of the past five years, as well as the respective average waiting times for receiving such tests;
(4)	of the current role of WHCs under DH in promoting the prevention of osteoporosis; the number of health talks on osteoporosis held in WHCs in each of the past five years and their contents; and
(5)	whether it will consider bringing the BMD test into the scope of the routine health assessment services provided by WHCs and the Maternal and Child Health Centres under DH; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Food and Health

* For written reply

III. Government Bills

First Reading and Second Reading (Debate to be adjourned)

Financial Reporting Council (Amendment) Bill 2018

Secretary for Financial Services and the Treasury

Second Reading (Debate to resume), Consideration by Committee of the Whole Council and Third Reading

Companies (Amendment) Bill 2017

Secretary for Financial Services and the Treasury

Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) (Amendment) Bill 2017

Secretary for Financial Services and the Treasury

(i)	Secretary for Financial Services and the Treasury to move amendments
(The amendments were issued on 17 January 2018 under LC Paper No. CB(3) 273/17-18)
(ii)	Hon James TO to move an amendment
(The amendment was issued on 22 January 2018 under LC Paper No. CB(3) 292/17-18)

(Debate and voting arrangements for Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) (Amendment) Bill 2017 in committee of the whole Council (issued on 23 January 2018 under LC Paper No. CB(3) 301/17-18(01)) (same as the Appendix to the Script of Council meeting of 24 January 2018))

Inland Revenue (Amendment) (No. 5) Bill 2017

Secretary for Financial Services and the Treasury

Secretary for Financial Services and the Treasury to move amendments

(The amendments were issued on 17 January 2018
under LC Paper No. CB(3) 274/17-18)

(Debate and voting arrangements for Inland Revenue (Amendment) (No. 5) Bill 2017 in committee of the whole Council (issued on 23 January 2018 under LC Paper No. CB(3) 302/17-18(01)) (same as the Appendix to the Script of Council meeting of 24 January 2018))

Banking (Amendment) Bill 2017

Secretary for Financial Services and the Treasury

IV. Members' Motions

Stand-over item: Member's motion no. 1 (since the meeting of 6 December 2017)

Motion under Articles 73(5) and 73(10) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

Hon Tanya CHAN to move the motion in Appendix 1.

(The motion was issued on 24 November 2017
under LC Paper No. CB(3) 168/17-18)

Public Officers to attend

Secretary for Home Affairs
Under Secretary for Home Affairs

Stand-over items: Members' motions nos. 2 to 6 (since the meeting of 13 December 2017)

Motion under Articles 73(5) and 73(10) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

Hon CHU Hoi-dick to move the motion in Appendix 2.