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A 18/19-28

Legislative Council

Agenda

Wednesday 8 May 2019 at 11:00 am

I.
Papers to be laid on the Table of the Council

7 items of subsidiary legislation/instruments and 4 other papers to be laid on the Table of the Council are set out in Appendix 1
Member to address the Council
Paper

II.
Questions

Members to ask 22 questions for written replies
Contents of the questions, the Members to ask such questions and the public officers to reply are set out in Appendix 2

III.
Government Bills

First Reading and Second Reading (debate to be adjourned)
:
Secretary for Transport and Housing
Second Reading (debate to resume), consideration by committee of the whole Council and Third Reading
:
Financial Secretary
Other attending public officers (Second Reading)
:
Secretary for Innovation and Technology
Secretary for Labour and Welfare
Secretary for Transport and Housing
Secretary for Food and Health
Secretary for Development
Amendments to Heads of Estimates in committee of the whole Council on the Appropriation Bill 2019

16 Members (Hon Claudia MO, Dr Hon CHENG Chung-tai, Hon Jeremy TAM, Hon CHAN Chi-chuen, Hon Gary FAN, Dr Hon KWOK Ka-ki, Hon LAM Cheuk-ting, Hon James TO, Hon WU Chi-wai, Hon HUI Chi-fung, Dr Hon Helena WONG, Hon KWONG Chun-yu, Hon Alvin YEUNG, Hon IP Kin-yuen, Hon AU Nok-hin and Hon CHU Hoi-dick) to move 56 amendments in Appendix 3

(Details of the above amendments are also set out in Appendix 4 to "President's ruling on amendments proposed by 16 Members to the Appropriation Bill 2019" issued on 6 May 2019)

(Debate and voting arrangements are set out in LC Paper No. CB(3) 584/18-19 issued on 7 May 2019)
Other attending public officers (committee of the whole Council)
:
Chief Secretary for Administration
Secretary for Justice
Secretary for the Environment
Secretary for Innovation and Technology
Secretary for Home Affairs
Secretary for Financial Services and the Treasury
Secretary for Labour and Welfare
Secretary for the Civil Service
Secretary for Security
Secretary for Transport and Housing
Secretary for Food and Health
Secretary for Commerce and Economic Development
Secretary for Development
Secretary for Education
Secretary for Constitutional and Mainland Affairs
Under Secretary for the Environment
Under Secretary for Security
Under Secretary for Development
Under Secretary for Innovation and Technology
Under Secretary for Education
Under Secretary for Labour and Welfare
Under Secretary for Commerce and Economic Development
Under Secretary for Constitutional and Mainland Affairs
Under Secretary for Food and Health
Under Secretary for Financial Services and the Treasury
Under Secretary for Home Affairs
Under Secretary for Transport and Housing

IV.
Members' Motions on Subsidiary Legislation/Instruments

Item standing over from the meeting on 17 and 18 April 2019
Motion to take note of a report of the House Committee in relation to subsidiary legislation
Hon Starry LEE to move the motion in the Appendix 4
Public officers to attend
:
Secretary for Financial Services and the Treasury
Under Secretary for Financial Services and the Treasury
(Debate arrangement is set out in LC Paper No. CB(3) 534/18-19 issued on 15 April 2019)



Clerk to the Legislative Council




Appendix 1

Council meeting of 8 May 2019

Papers to be laid on the Table of the Council

Subsidiary legislation/instruments
Legal Notice No.
Other papers
8.
9.
10.
Supplemental Report of the Public Accounts Committee on Report No. 71 of the Director of Audit on the Results of Value for Money Audits (May 2019 - P.A.C. Report No. 71A)
(to be presented by Hon Abraham SHEK, Chairman of the Public Accounts Committee, who will address the Council on this paper)
11.




Appendix 2

22 questions to be asked at the Council meeting of 8 May 2019

Subject matters
Public officers to reply
Questions for written replies
1
Hon POON Siu-ping
Secretary for Financial Services and the Treasury
2
Dr Hon Helena WONG
Secretary for Food and Health
3
Hon KWONG Chun-yu
Secretary for Home Affairs
4
Hon Tommy CHEUNG
Secretary for Food and Health
5
Hon KWONG Chun-yu
Secretary for Development
6
Hon Steven HO
Secretary for Transport and Housing
7
Hon LEUNG Che-cheung
Secretary for Transport and Housing
8
Hon Michael TIEN
Secretary for Transport and Housing
9
Hon Kenneth LAU
Secretary for Development
10
Hon HO Kai-ming
Secretary for Home Affairs
11
Hon Jeremy TAM
Secretary for Transport and Housing
12
Dr Hon CHIANG Lai-wan
Secretary for Food and Health
13
Hon Dennis KWOK
Secretary for Security
14
Dr Hon Priscilla LEUNG
Secretary for Food and Health
15
Hon KWOK Wai-keung
Secretary for Transport and Housing
16
Hon CHEUNG Kwok-kwan
Secretary for Food and Health
17
Hon Charles Peter MOK
Secretary for Financial Services and the Treasury
18
Hon Paul TSE
Secretary for Development
19
Hon Holden CHOW
Secretary for Food and Health
20
Dr Hon Elizabeth QUAT
Secretary for Security
21
Hon CHAN Hak-kan
Secretary for the Environment
22
Hon Kenneth LEUNG
Secretary for Financial Services and the Treasury




Question 1
(For written reply)

(Translation)

Employment benefits for non-skilled workers
engaged under the Government's outsourced service contracts

Hon POON Siu-ping to ask:
On 10 October last year, the Government announced a number of measures to enhance the employment benefits for non-skilled workers engaged under the Government's outsourced service contracts ("outsourced workers") tendered on or after 1 April this year ("enhancement measures"). As for those service contracts which (i) were under the tendering stage during the transitional period from 10 October last year to 31 March this year and (ii) had been awarded under the old terms, the Government would make transitional arrangements in the hope that more outsourced workers could be benefited. On the other hand, the Hong Kong Housing Authority ("HA") has, in recent years, awarded outsourced service contracts through tenders with a validity period of six years, during which the contracts with the relevant contractors may be renewed once every two or three years ("renewable contract arrangement"). Some workers engaged by such contractors have relayed that they have not benefited from the enhancement measures. In this connection, will the Government inform this Council:
(1)
of the government departments which currently adopt, when outsourcing services, tender conditions that include the renewable contract arrangement;
(2)
whether those outsourced service contracts awarded under the renewable contract arrangement are covered by the enhancement measures; if so, whether HA and the relevant government departments will discuss with the contractors concerned the expeditious implementation of such measures; if not, of the reasons for that, and whether there are initiatives to enable the workers concerned to benefit from the enhancement measures; if so, of the details; if not, the reasons for that; and
(3)
of the respective current numbers of outsourced service contracts, awarded under the renewable contract arrangement (a) within the transitional period and (b) after 1 April this year, which were not covered by the enhancement measures, and set out in a table the following details of each contract:
(i)
type of service(s) (e.g. cleansing, security or property management),
(ii)
name of the procuring government department (e.g. the Housing Department),
(iii)
name of contractor,
(iv)
service district,
(v)
number of outsourced workers, and
(vi)
the commencement and expiry dates of the contract and the tender?




Question 2
(For written reply)

(Translation)

Prevention and control of ants

Dr Hon Helena WONG to ask:
It has been reported that a scholar in biology and ecology found ants belonging to the species of Brachymyrmex patagonicus in Hung Hom in November last year. The scholar pointed out that such species of ants was non-native to Hong Kong and would build nests in buildings. It would be difficult to eradicate the species if its population was to proliferate. In this connection, will the Government inform this Council:
(1)
whether it found any Brachymyrmex patagonicus ants in Hong Kong last year; if so, set out the relevant details by district;
(2)
whether it will regularly monitor if ants of such species are found in various districts and publish the relevant data; if so, of the details; if not, the reasons for that;
(3)
of the measures in place to assist the public in dealing with the situation in which ants of such species are found at home and the community;
(4)
of the measures in place to enable the public to grasp more information on whether the various species of ants are harmful to human being; and
(5)
whether it will draw reference from overseas countries' quarantine work carried out on inbound aircraft and vessels, with a view to preventing the invasion of non-native pests; if so, of the details; if not, the reasons for that?




Question 3
(For written reply)

(Translation)

Noise nuisance caused by music performances in parks

Hon KWONG Chun-yu to ask:
It has been reported that from time to time, quite a number of people stage music performances without permission in the parks under the Leisure and Cultural Services Department ("LCSD"), and some performers generate loud noise by using amplifiers during their performances. For many years, Tuen Mun Park has been a black spot of music performances causing noise nuisance. Notwithstanding that LCSD has set up, at corners in the Park that are far away from residential areas, two self-entertainment zones for registered music activities without the use of amplifiers, very few music performers have applied for the use of the zones. They continue to use amplifiers to stage performances elsewhere in the Park, thereby causing noise nuisance to visitors and nearby residents. In this connection, will the Government inform this Council:
(1)
of the respective numbers of persons staging music performances in the parks under LCSD who were (i) issued warning letters by LCSD under the Noise Control Guidelines and (ii) prosecuted by the Noise Control Authority under the Noise Control Ordinance (Cap. 400), in the past three years for generating excessive noise; the number of convictions and, among them, the number of cases of repeated offences;
(2)
whether the persons who stage performances, (i) with or (ii) without permission respectively, in the parks under LCSD and receive rewards or remunerations contravene the Pleasure Grounds Regulation (Cap. 132BC) or other legislation; and
(3)
of the respective numbers of applications received and approved by LCSD in the past three years for staging performances in the self-entertainment zones in Tuen Mun Park; given that the authorities have recently proposed that Cap. 132BC be amended for more effective control of the noise nuisance problem in the parks under LCSD, whether LCSD has assessed if such measure can eradicate the noise problem caused by music performers staging performances in Tuen Mun Park?
 



Question 4
(For written reply)

(Translation)

Prices for private healthcare services

Hon Tommy CHEUNG to ask:
In 2016, the Government rolled out, in collaboration with the Hong Kong Private Hospitals Association, a pilot programme for enhancing price transparency of private hospitals through a number of measures ("the pilot programme"). In November last year, this Council enacted the Private Healthcare Facilities Ordinance (Cap. 633), which contains provisions for regulating price transparency of private healthcare facilities ("PHFs"), but the relevant subsidiary legislation has yet to be made. In this connection, will the Government inform this Council:
(1)
whether it will, prior to the implementation of Cap. 633, enhance the pilot programme, such as requiring the various private hospitals to adopt a uniform format for publicizing on their websites information on prices for healthcare services, so as to facilitate comparisons to be made by members of the public; if so, of the details; if not, the reasons for that;
(2)
as it is stipulated in section 61 of Cap. 633 that the licensee of a PHF must make available to the public, in the way prescribed by regulations, information about the prices of chargeable items and services provided in the facility as prescribed by regulations, of the timetable for and progress of enacting the relevant regulations; whether it will expedite the implementation of the relevant provisions; if so, of the details; if not, the reasons for that;
(3)
as some members of the public are worried that the Voluntary Health Insurance Scheme ("VHIS") which has been implemented since last month will push up the prices for private healthcare services, whether the Government will (i) step up the regulation of the prices for private healthcare services, and (ii) require PHFs to provide healthcare services at packaged prices for members of the public who have joined VHIS to choose; if so, of the details; if not, the reasons for that; and
(4)
whether it will consider enacting legislation to empower the Director of Health to vet and approve the prices for different classes of wards in private hospitals, so as to ensure that such prices are set at reasonable levels; if so, of the details; if not, the reasons for that?
 



Question 5
(For written reply)

(Translation)

Land Sharing Pilot Scheme

Hon KWONG Chun-yu to ask:
The Chief Executive has proposed in the 2018 Policy Address the Land Sharing Pilot Scheme ("LSPS"), which seeks to unlock privately owned agricultural lots in the New Territories for both public and private housing development in the short-to-medium term. The Government is currently formulating the details of LSPS. According to the Government's initial thinking, "land sharing" applications will be put before the Land and Development Advisory Committee ("LDAC") for advice and then submitted to the Chief Executive in Council ("CE-in-Council") for final vetting and approval. In addition, applicants must comply with all applicable statutory procedures and land administration regimes, including submitting rezoning or planning applications to the Town Planning Board ("TPB"). In this connection, will the Government inform this Council:
(1)
whether CE-in-Council will, apart from conducting final vetting and approval for "land sharing" applications, conduct preliminary vetting and approval for such applications; if so, at which stage; if such preliminary vetting and approval is to be conducted prior to TPB's vetting and approval of the relevant matters, how the Government ensures that such a scenario will not subject TPB to the pressure of giving its green light; and
(2)
given that LDAC will provide advice to the Government on "land sharing" applications, but there are public opinions querying that some LDAC members have a close relationship with real estate developers or own agricultural lots,
(i)
whether the Government will make public the records on declaration of interests by LDAC members; and
(ii)
of the measures, other than the existing declaration of interests system, put in place by the Government which may prevent LDAC members from having a conflict of interests in handling the relevant applications?
 



Question 6
(For written reply)

(Translation)

Issuance of local certificates of competency by the Marine Department

Hon Steven HO to ask:
The Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548 sub. leg. D) stipulates that a Class I, II or III vessel that is fitted with any propulsion engines shall not be underway, unless there is on board a person in charge of the vessel who is the holder of a local certificate of competency ("CoC") as a coxswain appropriate for the vessel or any equivalent certificates specified in the Merchant Shipping (Local Vessels) (Local Certificates of Competency) Rules ("the Rules"). On the other hand, the Rules provide that CoCs shall cease to have effect upon the holder attaining the age of 65. According to Marine Department Notice No. 12 of 2018 ("the Notice"), CoC holders who wish to have their CoCs' validity period extended beyond the date of attaining the age of 65 are required to submit an application to the Seafarers' Certification Section of the Marine Department ("MD") within six months prior to attaining the age of 65. Quite a number of fishermen who have attained the age of 65 have sought my assistance, saying that they did not apply for the extension of the validity period of CoCs in a timely manner as no expiry date was stated on their CoCs which were issued in or before the 1980s, coupled with reasons such as they have neither received the relevant notifications from the Government nor noticed the Rules and the Notice published by the Government. Regarding the issuance of CoCs by MD, will the Government inform this Council:
(1)
of the respective numbers of CoC holders in each of the past five years, who reached 65 in the year and, within the six months prior to their attaining the age of 65, (i) did not apply for the extension of the validity period of CoCs, and (ii) had applied for the extension of the validity period of CoCs but the applications were rejected;
(2)
whether the Government, in each of the past five years, reminded CoC holders who were about to attain the age of 65 to apply for the extension of the validity period of CoCs; if so, of the channels through which such reminders were made and the percentage of CoC holders reminded;
(3)
given that holders of vehicle driving licences may apply for renewal of their driving licences within three years from the expiry dates without undergoing a driving test, why a similar arrangement has not been made for CoCs; whether such an arrangement will be made for CoCs;
(4)
given that holders of expired CoCs used to be qualified to navigate or operate a local vessel, whether the Government will stipulate that for them to be issued CoCs again, they are required to pass a navigation examination only; if so, of the details; if not, the reasons for that;
(5)
as it is stipulated in the Notice that the validity period of CoCs may be granted an extension of three years for holders attaining the age of 65 who appear to be physically fit and pass the eyesight test, and that such an extension may be granted only on a yearly basis for holders who have attained the age of 71, among the applications for the extension of the validity period of CoCs submitted in each of the past five years by CoC holders who were aged (i) 65, (ii) 68, (iii) 71, (iv) 72 to 75 and (v) 76 or above, of the respective numbers and percentages of applications approved;
(6)
given that while Hong Kong residents holding the People's Republic of China Fishing Vessel Personnel Certificates may be issued Hong Kong coxswain and engine operator certificates by MD, these two certificates will cease to have effect simultaneously upon the day on which the holders attain the age of 60, whether the Government will consider discussing with the Mainland authorities revising the existing arrangements on reciprocal recognition of certificates so that persons attaining the age of 60 and having passed fitness and eyesight tests are allowed to apply for the extension of the validity period of such certificates issued by MD; if so, of the details; if not, the reasons for that;
(7)
of the respective passing rates, in each of the past five years, of the examinations for the various grades of coxswain and engine operator certificates; and
(8)
as the various types of vessel operators have indicated that there has been a severe shortage of manpower in the industry, whether the Government will examine if the application thresholds for various grades of certificates (including the requirements on the length of service and examination) may be lowered, so as to attract new blood to join the industry; if so, of the details; if not, the reasons for that?




Question 7
(For written reply)

(Translation)

Loading of trains of the West Rail Line

Hon LEUNG Che-cheung to ask:
In 2015, the loading of trains on the busiest section of the West Rail Line ("WRL") (i.e. the section between Kam Sheung Road Station and Tsuen Wan West Station) was 104% (calculated on the basis of a passenger density of four persons (standing) per square metre within train compartments). During the period from 2016 to 2018, the MTR Corporation Limited ("MTRCL") gradually increased the number of train cars of WRL from seven to eight, resulting in an increase in the carrying capacity of each train by about 14%. While the loading of trains on the aforesaid section dropped slightly to 99% in 2016, it rebounded to 101% in 2017 and 2018. In this connection, will the Government inform this Council if it knows:
(1)
whether MTRCL has drawn up targets and plans for reducing the loading of trains on the busiest section of WRL; if MTRCL has, the details of that;
(2)
whether MTRCL made prior estimations on the changes that the increase in the number of train cars would bring to the loading of trains on the busiest section of WRL in 2017 and 2018; if MTRCL did, the relevant data, and whether the actual loading met the estimated loading;
(3)
whether MTRCL has studied the reasons for the rebound in the loading of trains on the busiest section of WRL in 2017;
(4)
whether MTRCL has estimated the loading of trains on the busiest section of WRL in the coming decade; if MTRCL has, the details of that;
(5)
the current actual and designed maximum train frequencies of WRL during (i) peak and (ii) non-peak hours respectively; whether MTRCL will immediately increase the train frequency of WRL;
(6)
regarding the Tuen Mun South Extension and the Hung Shui Kiu Station proposed to be constructed, whether MTRCL has estimated the impacts of their commissioning on the loading of trains on the busiest section of WRL; if MTRCL has, the details of that; and
(7)
the latest progress of the Shatin to Central Link project; whether MTRCL has estimated the impact of the railway line's commissioning on the loading of trains on the busiest section of WRL; if MTRCL has, the details of that?  




Question 8
(For written reply)

(Translation)

Outsourcing of estate management services of public rental housing estates

Hon Michael TIEN to ask:
Currently, the Hong Kong Housing Authority ("HA") has outsourced the estate management of about 60% of public rental housing ("PRH") estates to property management companies ("PMCs"). Some residents of PRH estates have relayed that some new PRH estates, which are managed by PMCs, do not have a sufficient number of security guards on duty after a lapse of more than one year since the intake of residents, and that the security guards employed by such PMCs have not properly followed up complaints about strangers entering the estates to promote products from door to door, making them very worried about their personal safety. In this connection, will the Government inform this Council:
(1)
regarding PMCs' failure to meet the manpower requirements and service standards for estate management stipulated in the service contracts, of the measures HA will take to render PMCs meeting the contractual requirements as soon as possible; and
(2)
whether HA will review the existing mechanism for monitoring the performance of PMCs; if so, of the timetable; if not, the reasons for that?




Question 9
(For written reply)

(Translation)

Small House Policy

Hon Kenneth LAU to ask:
Since the implementation of the Small House Policy in December 1972, the Government has been granting small house grants to male indigenous villagers in three forms (namely the Free Building Licence, Private Treaty Grant for granting government land and Land Exchange). On the 8th of last month, the High Court handed down a judgment on a judicial review of the Small House Policy, ruling that among those three forms, only the construction of a small house under the Free Building Licence is a lawful traditional right and interest of the indigenous inhabitants of the New Territories within the meaning of Article 40 of the Basic Law, and is lawful and constitutional. In addition, the High Court ordered that the judgment was to take effect upon the expiry of six months after it was made. In this connection, will the Government inform this Council:
(1)
of the respective numbers of applications for small house grants in the three aforesaid forms which were (i) received, (ii) approved, (iii) rejected and (iv) being processed in each year from 2009 to 2019 (as at the 30th of last month) by each of the District Lands Offices located in the New Territories, and set out the relevant figures in tables of the same format as the table below; and

District Lands Office: __________
Year Number of applications
Free Building Licence Private Treaty Grant Land Exchange
(i) (ii) (iii) (iv) (i) (ii) (iii) (iv) (i) (ii) (iii) (iv)
2009             
2010             
...             
2019
(as at 30th of last month)		             
(2)
given that in relation to granting small house grants in the forms of Private Treaty Grant and Land Exchange, while the Development Bureau stated in a press release issued on the 8th of last month that the Lands Department ("LandsD") would suspend the receipt of new applications and the processing of those applications already received, the Director of Lands advised in his reply to a written question I raised on the Estimates of Expenditure 2019-2020 that pending a decision on whether to appeal, applications in relation to all forms of grants made in the past would continue to be processed as usual, whether the Government can clarify the current situation regarding the processing of the applications relating to these two forms; whether LandsD will continue to process such applications until the day on which the aforesaid judgment takes effect or the Court of Appeal hands down its judgment on the relevant appeal (if any) (whichever is the earlier); if LandsD will, of the details; if not, the justifications for that?
 



Question 10
(For written reply)

(Translation)

Implementation of the five-day work week by the
Leisure and Cultural Services Department

Hon HO Kai-ming to ask:
As at 30 September last year, around 75% of civil servants were working on a five-day work week ("FDWW") pattern. Some trade union representatives have relayed that a relatively large number of staff members of the Leisure and Cultural Services Department ("LCSD") are not arranged to work on a FDWW pattern. In this connection, will the Government inform this Council:
(1)
of the (i) staffing establishment and (ii) strength of civil servants under LCSD in each of the past three years and, among such civil servants, the number and percentage of those who worked on a FDWW pattern (together with a breakdown by grade and rank); and
(2)
whether LCSD will arrange all of its staff members to work on a FDWW pattern as soon as possible; if so, of the details; if not, whether the authorities will review the four basic principles with which the various policy bureaux/government departments have to comply in implementing FDWW?
 



Question 11
(For written reply)

(Translation)

Windows provided for units of transitional housing

Hon Jeremy TAM to ask:
Section 30 of the Building (Planning) Regulations (Cap. 123 sub. leg. F) provides that every room used for habitation shall be provided with natural lighting and ventilation by means of one or more windows which shall be so constructed that the percentage of the aggregate superficial area of glass in the window or windows facing directly into the external air is not less than 10% of the area of the floor of the room ("window area/floor area ratio"). On the other hand, the Government indicated, in reply to a question raised by a Member of this Council on 20 March this year, that it would support and facilitate the implementation of various short-term initiatives put forward and carried out by community groups to increase the supply of transitional housing, including considering waiving some requirements for the provision in the living areas of windows that conform to the specification requirements. In this connection, will the Government inform this Council of the total number of transitional housing units in Hong Kong which were occupied or were ready for occupation as at 28 February this year, and set out in the table below the respective numbers and percentages of such units whose window area/floor area ratio belonged to the ratio ranges set out in the table?
Window area/floor area ratio
(Rounded to the nearest 0.01%)		 Number and percentage of units
0% 
0.01% to 2.5% 
2.51% to 5% 
5.01% to 7.5% 
7.51% to 10% 
10.01% or above 
 



Question 12
(For written reply)

(Translation)

Highly drug-resistant pathogens

Dr Hon CHIANG Lai-wan to ask:
It has been reported that the number of sickness cases caused by the infection of Candida auris, a species of fungi, is increasing in different places around the world. Given that such fungus is highly drug-resistant, and almost half of the patients concerned will die within 90 days, the Centers for Disease Control and Prevention of the United States have added this pathogen to the list of "urgent threats". In this connection, will the Government inform this Council:
(1)
whether it knows the number of sickness cases confirmed to have been caused by the infection of Candida auris in each of the past five years; the treatments received by and the recovery situation of the patients concerned;
(2)
given the extremely high fatality rate of sickness cases caused by the infection of Candida auris, whether the Government will require that (i) all such infection cases be notified under the Prevention and Control of Disease Ordinance (Cap. 599), and (ii) the patients concerned be isolated for receiving treatment; if so, of the details; if not, the reasons for that;
(3)
whether the Government (i) conducted epidemiological studies on Candida auris, (ii) formulated measures to prevent the spread of such fungus in medical wards and the community, and (iii) introduced special drugs for treating the patients concerned, in the past five years; if so, of the details; if not, the reasons for that; and
(4)
whether it will review the guidelines on the prescription of antibiotics for patients with a view to reducing the abusive use of antibiotics and avoiding the emergence of highly drug-resistant pathogens; if so, of the details; if not, the reasons for that?




Question 13
(For written reply)

Persons on remand pending trial

Hon Dennis KWOK to ask:
It is learnt that as the Lai Chi Kok Reception Centre and the Tai Lam Centre for Women are often full, from time to time male and female persons on remand pending trial need to be transferred to other correctional institutions (e.g. the Stanley Prison). In this regard, will the Government inform this Council, in each of the past five years:
(1)
of the average and maximum length of time for which persons pending trial were held on remand; and
(2)
of the number of persons on remand pending trial who were transferred from the aforesaid centres to another correctional institution because the former were full?
 



Question 14
(For written reply)

(Translation)

Remuneration of Hospital Authority staff

Dr Hon Priscilla LEUNG to ask:
Some members of the public have relayed to me that although the Hospital Authority ("HA") recorded operating deficits for two consecutive years, its senior executives were still given pay rises. Also, there has been a case of "fattening the top and slimming the bottom". In this connection, will the Government inform this Council:
(1)
whether it knows the number of senior executives in HA, with a breakdown by the group (in bands of $500,000 apart) to which their annual salary belonged, and the average annual pay increment of such executives, in each of the past three years;
(2)
whether it knows the criteria and factors based on which HA determines the pay level and the magnitude of pay adjustment for its senior executives; whether those criteria and factors include the financial position, staff wastage rate and service quality of HA; if they are not included, whether HA will take into account such factors in future; if they are included, of the overall wastage rate of HA's full-time staff and the wastage rate of full-time staff in each healthcare grade, and whether there were cases in which HA ran an operating deficit with its staff wastage rate standing high and patients' waiting time for services being long and yet its senior executives were given a pay rise, in each of the past three years; and
(3)
whether it will allocate additional resources to HA so that the cash allowance for staff appointed in or after April 1998 can be linked to their basic salary to align with the entitlements of those staff appointed prior to such time, with a view to reducing the wastage of healthcare workers?
 



Question 15
(For written reply)

(Translation)

Redevelopment of public rental housing estates

Hon KWOK Wai-keung to ask:
In considering whether or not to redevelop individual aged public rental housing ("PRH") estates, the Hong Kong Housing Authority ("HA") will, based on the directions set out in the Long Term Housing Strategy and with reference to the four basic principles under the "Refined Policy on Redevelopment of Aged PRH Estates" (i.e. structural conditions of buildings, cost-effectiveness of repair works, availability of suitable rehousing resources in the vicinity of the estates to be redeveloped, and build-back potential upon redevelopment), prudently consider the matter in accordance with the actual circumstances. Although HA completed in 2013 a review of the redevelopment potential of 22 non-divested aged estates, it has so far announced the redevelopment directions of only three estates. In this connection, will the Government inform this Council:
(1)
of the proposals and timetables for redevelopment of the 22 estates, and the timing for announcing the relevant details; the respective weightings of the aforesaid four principles when HA considers whether or not to redevelop an individual estate;
(2)
of the total amount of expenditure incurred by HA for carrying out repair and maintenance as well as improvement works for its estates in each of the past five years, and the amount of which incurred for the 22 estates;
(3)
of the number of PRH tenants affected by the redevelopment projects in each of the past five years, with a breakdown by their accommodation situation after moving out (including being accommodated in another PRH flat allocated to them, in a unit acquired under the various subsidized home ownership schemes, and in self-arranged accommodation);
(4)
as some PRH tenants currently affected by the redevelopment projects have relayed that while they may acquire a subsidized sale flat in the capacity of clearees, HA conducted only one round of sale activity per year under the Green Form Subsidised Home Ownership Scheme ("GSH") and the Home Ownership Scheme respectively in recent years, rendering them unable to acquire a housing unit in time, whether HA will review the relevant arrangements;
(5)
given that the pre-sale periods for two GSH projects planned to be launched for sale by HA by the end of this year will be as long as three to four years, whether "seamless removal" arrangements will be made for PRH tenants who are affected by redevelopment projects and have acquired a GSH flat concerned, i.e. they will be requested to move out and surrender their PRH flat only when their GSH flat is ready for intake; and
(6)
whether HA will expeditiously set up a committee which is tasked to study and coordinate the redevelopment of estates, including following up the progress of redevelopment projects, as well as reviewing the redevelopment potential of aged estates other than the 22 estates; if so, of the details; if not, the reasons for that?
 



Question 16
(For written reply)

(Translation)

Food safety and descriptions of sashimi and sushi

Hon CHEUNG Kwok-kwan to ask:
Last month, the Consumer Council published the test results of 50 sashimi samples taken at the retail level, which included that: 98% of the samples contained a heavy metal compound of methylmercury (of a level exceeding the limit by nearly two-folds at the most), some samples carried parasites and worm eggs, and some samples were actually rainbow trout and low-priced tuna although the species shown on their descriptions were salmon and high-priced bluefin tuna respectively. Regarding the food safety and descriptions of sashimi and sushi, will the Government inform this Council:
(1)
whether it received, in the past three years, reports on members of the public having been found to have (i) parasites or worm eggs and (ii) a high level of methylmercury in their bodies after consuming sashimi or sushi; if so, of the respective numbers of such cases;
(2)
of the quantity of fish imported in each of the past three years for making sashimi or sushi (with a breakdown by species); the respective numbers of samples of such fish taken in each of the past three years at the (i) wholesale and (ii) retail levels by the Centre for Food Safety under the Food and Environmental Hygiene Department ("FEHD") for testing microorganisms and heavy metals, and the respective numbers and percentages of such samples found to contain (a) parasites or worm eggs and (b) methylmercury;
(3)
of the number of surprise inspections conducted in each of the past three years by law enforcement officers of FEHD on food premises selling sashimi or sushi; the number of prosecutions instituted against the operators of those food premises which were found, during such inspections, to have breached the Food Business Regulation (Cap. 132 sub. leg. X) (with a breakdown by type of offences), and the number of those food premises the food business licences of which were cancelled as a result;
(4)
whether the Customs and Excise Department, for the purpose of enforcing the Trade Descriptions Ordinance (Cap. 362) in each of the past three years,
(i)
deployed law enforcement officers to take sashimi and sushi samples from food premises for tests to ascertain if the species to which they belonged tallied with those shown on the descriptions; if so, of the number of the relevant prosecutions, and
(ii)
provided training for its law enforcement officers on the identification of fish species; if so, of the number of officers who received such training; and
(5)
whether it has put in place new measures to enhance the food safety of sashimi and sushi, in order to protect public health; if so, of the details; if not, the reasons for that?
 



Question 17
(For written reply)

(Translation)

Participation of small and medium enterprises and start-ups
in government procurements

Hon Charles Peter MOK to ask:
The Government introduced in April this year a new procurement policy which raised the weighting of the technical aspect in the overall score during tender assessment, in order to help small and medium enterprises ("SMEs") and start-ups participate in tender exercises and create business opportunities. In this connection, will the Government inform this Council:
(1)
in respect of the routine and non-routine procurements conducted by the various government departments in the past 12 months respectively:
(a)
of (i) the number of procurements conducted and (ii) the average value of the contracts awarded, broken down by the technical/price weightings adopted for the procurements (set out in tables of the same format as Table 1); and

Table 1

Technical/
price weighting		 Number of procurements
conducted		 Average value of
contracts awarded
100/0  
90/10  
80/20  
70/30  
60/40  
(b)
of the number of procurements conducted, broken down by (i) the mode of tendering and (ii) the group to which the contract values belonged (set out in tables of the same format as Table 2):

Table 2

Contract value
(thousand dollars)		 Mode of tendering
Open
tendering		 Selective
tendering		 Single or
restricted tendering		 Prequalified
tendering
Below 2,000     
2,000 to below 5,000     
5,000 to below 10,000    
10,000 or above    
(2)
of the number of policy bureaux/government departments using the full services of the e-Procurement System as at the end of March 2019; the total value of procurements completed through the e-Procurement System in the past three years, and the percentage of such value in the total value of public procurements completed in the same period;
(3)
of the specific measures taken to streamline the procedure for tendering and contract formulation etc. in order to facilitate the participation in government procurements by SMEs which lack manpower and resources; whether it will conduct studies on further improving the e-Procurement System and applying financial technologies (including Faster Payment System) to help government departments enhance their efficiency in making payments to enterprises, with a view to improving the cash flow situation of the SMEs and start-ups concerned;
(4)
whether it has studied the introduction of the practices of overseas places which aim to foster the participation of suppliers of varying sizes in government procurements (e.g. the United Kingdom Government's adoption of "Digital Marketplace" and simplification of the standard contracts for public-sector procurement) in order to facilitate the direct participation of SMEs in government procurement;
(5)
whether it will step up the relevant publicity efforts (e.g. by organizing more experience sharing sessions and seminars) to encourage enterprises in various industries to participate in government procurements, and more proactively provide SMEs and start-ups with information on government procurements (e.g. by including such enterprises in the lists of approved suppliers/contractors);
(6)
whether, upon implementation of the new procurement policy, it has set any indicators and regularly analyzed relevant statistics (including the characteristics of tenderers/contractors/suppliers/ service providers) in order to study and follow up the impacts of government procurement policy on economic, social and innovation activities; and
(7)
whether it will encourage non-governmental organizations (including public organizations, quasi-government organizations and non-profit-making organizations), when conducting procurements, to make reference to the Government's adoption of a procurement policy which is not solely based on the "lowest bid wins" principle?
 



Question 18
(For written reply)

(Translation)

Monitoring the quality of major public works projects

Hon Paul TSE to ask:
It has been reported that since the commissioning of the Hong Kong Velodrome ("HKV") which was built at a cost of $1.1 billion, a total of 234 water seepage incidents have occurred in HKV. Recently when the amber rainstorm signal was in force, there was even a serious accumulation of water in HKV, which was caused by the automatic opening of the roof windows due to malfunctioning of the fire alarm system. Bemoaning the damage caused to the cycling track in HKV, a local athlete, who is a winner in the Track Cycling World Championship, posted a message on the Internet that she personally mopped dry the water spots on the cycling track. Responses of members of the public on the Internet and the media have both expressed dissatisfaction with the water seepage incidents. In addition, enhancement works were needed to be carried out at The Grand Theatre of the Xiqu Centre, which was built at a cost of $2.7 billion but had a utilization rate of merely 31%, just three months after its opening. Besides, the Central-Wan Chai Bypass ("the Bypass") is installed with three sets of air purification system claiming to be the world's largest system which can filter 80% of respirable suspended particulates and nitrogen dioxide from vehicle exhaust. Nevertheless, just several days after the commissioning of the Bypass, the operation of seven out of the 15 fans installed in the air purification system of the East Ventilation Building were suspended due to damage. Some commentators on current affairs have pointed out that various types of quality problems have emerged in major public works projects in recent years on which the Government had spent substantial amounts of public money, and members of the public are in fact "paying money to buy sufferings". In this connection, will the Government inform this Council:
(1)
whether it has assessed (i) the negative impacts on the Government's image caused, and (ii) if there has been a blow to the confidence of members of the public in the Government's governance ability and proper use of public money, by the successive emergence of quality problems in the aforesaid public works projects; if it has assessed, of the outcome; if it has not assessed, the reasons for that;
(2)
as the Chief Secretary for Administration has recently said that the total infrastructure investments in transport, hospitals, housing developments, etc. in the coming decade are estimated to exceed $1,000 billion, of the Government's new policies and measures to strengthen its monitoring and control of works projects and to enhance its efforts in holding the government officials in charge of works projects accountable for the projects, so as to avoid recurrence of quality problems in works projects; and
(3)
whether it has reviewed if the Project Strategy and Governance Office is sufficiently empowered and staffed to monitor the costs and quality of the aforesaid works projects which will cost more than $1,000 billion?
 



Question 19
(For written reply)

(Translation)

Financial support for patients of end-stage renal failure

Hon Holden CHOW to ask:
Patients of end-stage renal failure need to receive dialysis treatment in order to stabilize their medical conditions and maintain their lives. Some patients who receive peritoneal dialysis treatment at home have said that the monthly medical and relevant expenses (including those on buying sterilization products and medicines as well as on delivering dialysis solutions) have imposed a heavy financial burden on them. In this connection, will the Government inform this Council:
(1)
whether it has compiled statistics on the respective numbers of persons who (i) received peritoneal dialysis treatment at home and (ii) received haemodialysis treatment at public hospitals, private hospitals and dialysis centres established by charitable organizations, in each of the past five years; if so, of the numbers;
(2)
whether it has compiled statistics on the average monthly related expenses on dialysis treatment of the two types of persons mentioned in (1); if so, of the details; and
(3)
whether it will provide financial support through the Community Care Fund for patients receiving dialysis treatment; if so, of the details; if not, the reasons for that?




Question 20
(For written reply)

(Translation)

Legislation against clandestine photo-taking

Dr Hon Elizabeth QUAT to ask:
Last month, the Court of Final Appeal handed down a judgment on an appeal case, ruling that as the acts of the respondents clandestinely taking photographs of interview questions with their own mobile phones and divulging them to other people had not involved access to another person's computer, the respondents had not committed the offence under section 161(1)(c) of the Crimes Ordinance (Cap. 200) (i.e. the offence of obtaining access to a computer with a view to dishonest gain for himself or another person). In this connection, will the Government inform this Council:
(1)
as the Government indicated, subsequent to the handling down of the aforesaid judgment, that the Police were discussing with the Department of Justice ways to deal with nine other cases of a similar nature, of the details of those cases and the approach for dealing with them;
(2)
as there are comments that following the handing down of the aforesaid judgment, it will be difficult for the Police to invoke any legislation to institute prosecutions against those persons who take photographs clandestinely with their own mobile phones in a private place, of the Government's measures to curb such acts before any legislation is enacted to plug the loophole;
(3)
as the Review of Sexual Offences Subcommittee of the Law Reform Commission proposed the creation of a new offence of voyeurism and conducted public consultation on the proposal in May last year, whether the Government will immediately commence the relevant legislative procedure; if so, of the details and the timetable; if not, the reasons for that;
(4)
whether it will immediately conduct a study on enacting legislation against acts of clandestine photo-taking of confidential documents or information; if so, of the details and the timetable; if not, the reasons for that; and
(5)
given that at present, the non-compliance of a data user with the Data Protection Principles stipulated in the Personal Data (Privacy) Ordinance (Cap. 486) does not directly constitute a criminal offence, and the data user commits a criminal offence only if he or she contravenes an enforcement notice served on him or her by the Privacy Commissioner for Personal Data in connection with such non-compliance, and that the offence only carries a maximum fine of $50,000 and an imprisonment of two years, whether the Government will amend Cap. 486 to enhance the deterrent effects against acts of privacy intrusion such as clandestine photo-taking; if so, of the details; if not, the reasons for that?




Question 21
(For written reply)

(Translation)

Use, disposal and recycling of styrofoam

Hon CHAN Hak-kan to ask:
It has been reported that since styrofoam takes as long as 10 000 years to decompose and has a huge impact on the environment, quite a number of countries have started to control the use of disposable styrofoam utensils. Regarding the use, disposal and recycling of styrofoam in Hong Kong, will the Government inform this Council:
(1)
of the major sources of the styrofoam disposed of at landfills;
(2)
of the locations of the existing styrofoam collection points;
(3)
of (i) the quantities of styrofoam disposed of and recovered, as well as (ii) the quantities of styrofoam collected from the sea and beaches, in the past five years;
(4)
of the new measures to reduce local usage of styrofoam;
(5)
given that the Environmental Protection Department is commencing a study on the feasibility, scope and mechanism of controlling or banning disposable plastic tableware, whether the study will cover styrofoam tableware; if so, of the details; if not, the reasons for that;
(6)
whether it will examine the formulation of an implementation timetable for banning styrofoam tableware; and
(7)
whether it will allocate funding from the Recycling Fund to support styrofoam recycling; if so, of the details; if not, the reasons for that?




Question 22
(For written reply)

(Translation)

Combating money laundering and terrorist financing activities

Hon Kenneth LEUNG to ask:
Hong Kong is a member of the Financial Action Task Force ("FATF"). On FATF's request, the Government examined the threats and vulnerabilities in respect of money laundering and terrorist financing that the relevant sectors in Hong Kong and the city as a whole were facing, as well as published a Hong Kong Money Laundering and Terrorist Financing Risk Assessment Report in April last year. The Government has indicated that it has taken follow-up actions in the light of the assessment outcome ("follow-up actions"). In this connection, will the Government inform this Council:
(1)
of the number of reports received in each of the past five years by the authorities from financial institutions about suspicious transactions involving money laundering and terrorist financing, and the total amount of the funds involved; among such cases, of the to-date numbers of (i) cases in respect of which the authorities have taken law enforcement actions, and (ii) persons arrested, prosecuted and convicted respectively;
(2)
of (i) the progress and achievements, as well as (ii) the manpower and resources deployed, since the authorities' taking the follow-up actions; and
(3)
whether the authorities, when implementing measures to combat money laundering and terrorist financing activities, have maintained communication with the stakeholders of affected financial institutions and designated non-financial businesses and professions, so as to understanding the business environment they are facing and their practical needs, as well as to adjust the relevant measures on a regular basis; if so, of the details; if not, the reasons for that?