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A 19/20-11

Legislative Council

Agenda

Wednesday 18 December 2019 at 11:00 am

I.
Laying of Papers on the Table of the Council

6 items of subsidiary legislation/instruments and 11 other papers to be laid on the Table of the Council set out in Appendix 1

II.
Questions

Members to ask 22 questions (6 for oral replies and 16 for written replies)
Questions for oral replies to be asked by
Public officers to reply
1.
Hon CHAN Han-pan
Secretary for Transport and Housing
2.
Secretary for Security
3.
Dr Hon CHENG Chung-tai
Secretary for the Civil Service
4.
Secretary for Labour and Welfare
5.
Secretary for Labour and Welfare
6.
Secretary for Constitutional and Mainland Affairs
Contents of 22 questions, Members to ask such questions and public officers to reply set out in Appendix 2

III.
Government Bill

First Reading and Second Reading (debate to be adjourned)

IV.
Members' Motions

1st debate
(covering the following 3 motions on the protest which occurred outside the Legislative Council on 12 June 2019 ("the 612 incident"))
(Items 1 and 2 standing over from the meeting of 3 July 2019)
1.
Motion under the Legislative Council (Powers and Privileges) Ordinance to appoint a select committee to conduct an inquiry
Mover
:
Hon Andrew WAN
Wording of the motion
:
2.
Motion under the Legislative Council (Powers and Privileges) Ordinance to appoint a select committee to conduct an inquiry
Mover
:
Hon Jeremy TAM
Wording of the motion
:
(Item 3 standing over from the meeting of 10 July 2019)
3.
Motion under Article 73(5) and (10) of the Basic Law to summon the Commissioner of Police to produce papers and testify
Mover
:
Dr Hon KWOK Ka-ki
Wording of the motion
:
Public officers to attend this debate
:
Secretary for Security
Under Secretary for Security
(Debate and voting arrangements set out in LC Paper Nos. CB(3) 195/19-20 and CB(3) 218/19-20 issued on 9 and 17 December 2019)
2nd debate
(covering the following 2 motions on the incident of assaults which occurred in Yuen Long Station of West Rail Line of the MTR Corporation Limited on 21 July 2019 ("the 721 incident"))
(Standing over from the meeting of 23 October 2019)
4.
Motion under the Legislative Council (Powers and Privileges) Ordinance to appoint a select committee to conduct an inquiry
Mover
:
Hon LAM Cheuk-ting
Wording of the motion
:
5.
Motion under the Legislative Council (Powers and Privileges) Ordinance to appoint a select committee to conduct an inquiry
(This motion concerns both the 721 incident and the 831 incident)
Mover
:
Hon Claudia MO
Wording of the motion
:
Public officers to attend this debate
:
Secretary for Security
Under Secretary for Security
(Debate and voting arrangements set out in LC Paper Nos. CB(3) 195/19-20 and CB(3) 218/19-20 issued on 9 and 17 December 2019)
3rd debate
(covering the following 3 motions on the incident of assaults which occurred in Prince Edward Station of the MTR Corporation Limited on 31 August 2019 ("the 831 incident") as well as the part concerning the 831 incident in Hon Claudia MO's motion in item 5)
(Standing over from the meeting of 23 October 2019)
6.
Motion under Article 73(5) and (10) of the Basic Law to summon the Commissioner of Police, Director of Fire Services, Chairman of the MTR Corporation Limited ("MTRCL") and Operations Director of MTRCL to produce papers and testify
Mover
:
Hon Alvin YEUNG
Wording of the motion
:
7.
Motion under Article 73(5) and (10) of the Basic Law to summon the Commissioner of Police, Director of Fire Services, Assistant Director (Ambulance) of the Fire Services Department, Chief Executive of the Hospital Authority, Hospital Chief Executive of Kwong Wah Hospital and Hospital Chief Executive of Princess Margaret Hospital to produce papers and testify
Mover
:
Dr Hon KWOK Ka-ki
Wording of the motion
:
8.
Motion under the Legislative Council (Powers and Privileges) Ordinance to appoint a select committee to conduct an inquiry
Mover
:
Hon KWONG Chun-yu
Wording of the motion
:
Public officers to attend this debate
:
Secretary for Security
Secretary for Transport and Housing
Secretary for Food and Health
Under Secretary for Security
Under Secretary for Food and Health
Under Secretary for Transport and Housing
(Debate and voting arrangements set out in LC Paper Nos. CB(3) 195/19-20 and CB(3) 218/19-20 issued on 9 and 17 December 2019)
4th debate
(covering the following 7 motions on the Police's handling of protesters and persons performing duties in the protests during the "anti-extradition to China" movement)
(Items 9 to 13 standing over from the meeting of 23 October 2019)
9 and 10.
Motions under the Legislative Council (Powers and Privileges) Ordinance to appoint select committees to conduct inquiries
Mover
:
Hon Tanya CHAN
Wording of the motions
:
11 and 12.
Motions under the Legislative Council (Powers and Privileges) Ordinance to appoint select committees to conduct inquiries
Mover
:
Dr Hon KWOK Ka-ki
Wording of the motions
:
13.
Motion under Article 73(5) and (10) of the Basic Law to summon the Secretary for Security and Secretary for Labour and Welfare to produce papers and testify
Mover
:
Dr Hon Fernando CHEUNG
Wording of the motion
:
(Item 14 standing over from the meeting of 13 November 2019)
14.
Motion under Article 73(5) and (10) of the Basic Law to summon the Secretary for Security and Commissioner of Police to produce papers and testify
Mover
:
Dr Hon KWOK Ka-ki
Wording of the motion
:
(Item 15 standing over from the meeting of 11 December 2019)
15.
Motion under Article 73(5) and (10) of the Basic Law to summon the Commissioner of Police to produce papers and testify
Mover
:
Hon Kenneth LEUNG
Wording of the motion
:
Public officers to attend this debate
:
Secretary for Labour and Welfare
Secretary for Security
Under Secretary for Security
Under Secretary for Labour and Welfare
(Debate and voting arrangements set out in LC Paper Nos. CB(3) 195/19-20 and CB(3) 218/19-20 issued on 9 and 17 December 2019)
5th debate
(covering the following 2 motions on the causes and consequences of the social conflicts or disturbances arising from the amendments to the Fugitive Offenders Ordinance (Cap. 503) and related matters)
(Item 16 standing over from the meeting of 13 November 2019)
16.
Motion under the Legislative Council (Powers and Privileges) Ordinance to appoint a select committee to conduct an inquiry
Mover
:
Hon CHUNG Kwok-pan
Wording of the motion
:
(Item 17 standing over from the meeting of 27 November 2019)
17.
Motion under the Legislative Council (Powers and Privileges) Ordinance to appoint a select committee to conduct an inquiry
Mover
:
Dr Hon Priscilla LEUNG
Wording of the motion
:
Amendment mover
:
Hon James TO
(Amendment set out in LC Paper No. CB(3) 155/19-20 issued on 22 November 2019)
Public officers to attend this debate
:
Chief Secretary for Administration
Secretary for Security
Under Secretary for Security
(Debate and voting arrangements set out in LC Paper Nos. CB(3) 195/19-20 and CB(3) 218/19-20 issued on 9 and 17 December 2019)
6th debate (covering the following motion)
(Standing over from the meeting of 12 June 2019)
18.
Motion on "No confidence in the Fifth Term Government of the Hong Kong Special Administrative Region"
Mover
:
Hon Dennis KWOK
Wording of the motion
:
Amendment mover
:
Hon Claudia MO
(Amendment set out in LC Paper No. CB(3) 667/18-19 issued on 5 June 2019)
Public officer to attend
:
Chief Secretary for Administration
7th debate (covering the following motion)
(Standing over from the meeting of 12 June 2019)
19.
Motion on "Ensuring children's right to play for them to grow up happily"
Mover
:
Hon HO Kai-ming
Wording of the motion
:
5 amendment movers
:
Hon IP Kin-yuen, Dr Hon KWOK Ka-ki, Dr Hon Fernando CHEUNG, Dr Hon CHIANG Lai-wan and Hon HUI Chi-fung
(Amendments set out in LC Paper No. CB(3) 669/18-19 issued on 6 June 2019)
Public officers to attend
:
Secretary for Labour and Welfare
Under Secretary for Labour and Welfare



Clerk to the Legislative Council




Appendix 1

Council meeting of 18 December 2019

Laying of Papers on the Table of the Council

Subsidiary legislation/instruments
Legal Notice No.
Other papers
7.
8.
9.
10.
Supplementary Legal Aid Fund
Annual Report 2018
(to be presented by Chief Secretary for Administration)
11.
12.
13.
14.
15.
16.
17.




Appendix 2

22 questions to be asked at the Council meeting of 18 December 2019

Subject matters
Public officers to reply
Questions for oral replies
1
Hon CHAN Han-pan
Secretary for Transport and Housing
2
Prof Hon Joseph LEE
Secretary for Security
3
Dr Hon CHENG Chung-tai
Secretary for the Civil Service
4
Hon HO Kai-ming
Secretary for Labour and Welfare
5
Hon Vincent CHENG
Secretary for Labour and Welfare
6
Hon Elizabeth QUAT
Secretary for Constitutional and Mainland Affairs
Questions for written replies
7
Dr Hon KWOK Ka-ki
Secretary for Security
8
Hon Kenneth LAU
Secretary for Development
9
Hon WU Chi-wai
Secretary for Food and Health
10
Dr Hon Pierre CHAN
Secretary for Security
11
Hon CHAN Hak-kan
Secretary for Food and Health
12
Hon Paul TSE
Secretary for Financial Services and the Treasury
13
Hon Jimmy NG
Secretary for Transport and Housing
14
Hon Kenneth LEUNG
Secretary for Justice
15
Hon Dennis KWOK
Secretary for Security
16
Hon Charles Peter MOK
Secretary for Security
17
Hon POON Siu-ping
Secretary for Labour and Welfare
18
Hon Holden CHOW
Secretary for Transport and Housing
19
Hon Alvin YEUNG
Secretary for Financial Services and the Treasury
20
Hon Steven HO
Secretary for the Environment
21
Hon CHAN Hoi-yan
Secretary for Education
22
Hon Tony TSE
Chief Secretary for Administration




Question 1
(For oral reply)

(Translation)

Ferry services

Hon CHAN Han-pan to ask:
From the 11th to the 16th of last month, the blockage of the Tolo Highway, coupled with the total or partial suspension of train services of the East Rail Line at the same time due to vandalization of facilities, paralysed the external transport for residents in New Territories East ("NTE"). To facilitate NTE residents travelling to and from the region, the Government provided temporary free ferry service between Wu Kai Sha and Tai Po from the 15th to the 18th of last month. Regarding ferry services, will the Government inform this Council:
(1)
how it determined the route of the aforesaid ferry service; why it did not arrange ferries to take NTE residents directly to and from Kowloon or to and from Hong Kong Island; why it provided the ferry service only after the external transport of NTE had been paralysed for four days, and whether it has reviewed if the Government's response capability was inadequate; whether it will formulate contingency measures that use ferry services to cope with traffic contingencies; if so, of the details (including the timetable); if not, the reasons for that;
(2)
given that the prevailing public transport policy is to use the railway as the backbone of the public transport system, and waterborne transport services are not well-developed, whether the Government will plan afresh the transport networks of the various districts, including the provision of ferry services between districts in New Territories West (e.g. Tsuen Wan and Tuen Mun) and districts on Hong Kong Island (e.g. Central and Wan Chai); if so, of the details (including the timetable); if not, the reasons for that; and
(3)
given that the Government plans to increase the number of subsidized outlying island ferry routes from 6 to 14 with a view to maintaining the financial viability of such ferry services, whether it has assessed if such a funding mode is conducive to the development of transport networks; whether measures are in place to attract more operators to operate inner harbour ferry services; if so, of the details and timetable; if not, the reasons for that?




Question 2
(For oral reply)

(Translation)

Emergency rescue work at scenes of public events

Prof Hon Joseph LEE to ask:
It has been reported that on the evening of the 18th of last month, dozens of demonstrators in Yau Ma Tei fell down when they dodged to avoid being rounded up and arrested by the Police, with some of them stacking on top of one another and their lives hanging by a thread. Volunteer first-aiders at the scene tried to administer first aid treatment for them but were driven away by police officers with batons. The Police have all along denied that there was any stampede incident. In this connection, will the Government inform this Council:
(1)
of the details of the Fire Services Department's handling of the injured persons in the aforesaid incident, including the numbers of ambulance personnel and ambulances deployed and the time of their arrival at the scene, their eyewitness reports made to the Fire Services Communication Centre (including whether there was any incident of people stacking on top of one another), and the number of injured persons, with a breakdown by the gender and age distribution of such persons, the seriousness of their injuries and the time of their arrival at the hospital; whether the law enforcement actions of the Police hindered and delayed the rescue work;
(2)
whether police officers are required, when carrying out arrest actions in public events, to make the life safety and medical needs of the people at scenes the prime considerations; if they are required to do so, whether the police officers concerned in the aforesaid incident violated the relevant requirements; if they are not required to do so, of the reasons for that; and
(3)
whether it will consider afresh setting up an independent commission of inquiry to inquire about whether the force used by the police officers in the law enforcement actions taken in respect of the movement of opposition to the proposed legislative amendments (including the aforesaid incident) was of an appropriate level?




Question 3
(For oral reply)

(Translation)

Interdiction of civil servants

Dr Hon CHENG Chung-tai to ask:
It has been reported that since June this year, a certain number of civil servants have been arrested in public events. In an open letter issued to all civil servants on the 15th of last month, the Secretary for the Civil Service stated that civil servants arrested for suspected involvement in unlawful public events would all be interdicted from duty. However, the Government said in the past that it would not resort to interdiction lightly; before making a decision in respect of interdiction, it would take into account certain factors, including the nature and gravity of the alleged offence or misconduct, and the possibility of the offence or misconduct being committed again. In this connection, will the Government inform this Council:
(1)
of the number of civil servants arrested in public events since June this year; among them, the respective numbers of those who have been interdicted from duty and/or are currently under internal investigation; and
(2)
whether there is any difference between the current interdiction arrangement and that in the past; if so, whether, before the arrangement was amended, civil servants' associations had been consulted and amendment of the relevant regulations was required, and whether it has assessed if such an arrangement will give rise to the effect of "punishment before conviction", which violates the common law principle of presumption of innocence?




Question 4
(For oral reply)

(Translation)

Measures to support enterprises and employment

Hon HO Kai-ming to ask:
Doubly hit by uncertainties of the global economy and local social unrest, the economic impetus of Hong Kong has been weakening. Gross Domestic Product in the third quarter of this year dropped by 2.9% from a year earlier, marking the first year-on-year decline recorded for an individual quarter since 2009. The seasonally adjusted unemployment rate and the underemployment rate in August to October this year rose to 3.1% and 1.2% respectively. The year-on-year decline in total employment also enlarged. In this connection, will the Government inform this Council:
(1)
of the five industries most affected by the recession and the respective numbers of employees in those industries; whether the Government will introduce new targeted measures to support those industries; if so, of the details; if not, the reasons for that;
(2)
focusing on the current and projected employment situations, what new measures the Government has put in place to safeguard jobs and assist the unemployed; and
(3)
whether it knows the implementation situation of the unemployment assistance systems in other places; whether it has plans, by making reference to the relevant experience, to provide emergency financial assistance for the unemployed, so as to help those unemployed persons with financial difficulties solve their imminent problems; if so, of the details; if not, the reasons for that?




Question 5
(For oral reply)

(Translation)

Rising tide of unemployment

Hon Vincent CHENG to ask:
The social unrest has persisted for half a year and has hit many industries. This situation, coupled with the protracted trade conflicts between China and the United States ("US") as well as the enactment of the Hong Kong Human Rights and Democracy Act by the US authorities, has not only dampened investment incentives but will also further weaken Hong Kong's economic performance. Some members of the public are worried that amid the gloomy economic outlook, tides of pay cuts and business closing down will appear one after another, and a large unemployed population is poised to grow. In this connection, will the Government inform this Council:
(1)
of the respective numbers of employees' applications to the Protection of Wages on Insolvency Fund received and approved by the authorities, and the respective numbers of cases concerning wage defaults, dismissal and closing down of companies received by the relevant government departments, in each of the past 12 months, as well as the top five industries with the largest number of such cases;
(2)
of the unemployed population in each of the past six months; the top five industries with the highest unemployment rate at present; the projected unemployment rates for the whole of this year and the first half of next year; and
(3)
of the implementation progress of the four rounds of relief measures introduced by the Government in recent months and their effectiveness in safeguarding jobs; whether it will introduce a new round of relief measures; given that the Government introduced, in 2003 after an epidemic had been brought under control, a package of measures which created approximately 30 000 jobs, whether the Government will introduce a similar package of measures for job creation?




Question 6
(For oral reply)

(Translation)

Conducting elections in a fair and just manner

Hon Elizabeth QUAT to ask:
The District Council ("DC") Ordinary Election was held on the 24th of last month. The Electoral Affairs Commission received 7 460 relevant complaints, about 2 000 of which involved voting arrangements. Some members of the public have expressed worries that similar problems may occur in the Legislative Council General Election to be held next year. On ensuring that elections be conducted in a fair and just manner, will the Government inform this Council:
(1)
as a number of electors claimed that upon their arrival at the ballot paper issuing desk in the polling station for the first time on the polling day of the aforesaid DC election, they were informed that the particulars registered in respect of their names on the Register of Electors had been crossed out (i.e. indicating that they had been issued with a ballot paper earlier), and they were therefore issued only with a "tendered" ballot paper which would not be counted, rendering them unable to exercise their voting rights, whether the Government had taken measures to guard against this situation before the election was held; if so, why such situation still occurred; of the new measures put in place to prevent the recurrence of such situation in the next election;
(2)
as it has been reported that in response to calls on the Internet, some people queued up repeatedly outside polling stations on the polling day of the aforesaid DC election, so as to create long queues to deter electors from casting their votes, resulting in some people who were in a hurry as well as frail elderly persons and persons with disabilities who were unable to wait for a long time giving up voting, whether the law enforcement agencies have looked into this situation; if so, of the details; if not, the reasons for that; of the new measures put in place to prevent the recurrence of such situation in the next election; and
(3)
as the current voting procedure comprises entirely manual operations (including verifying the identity of electors, issuing ballot papers and recording that on the Register of Electors, voting by using a stamp, and counting votes), which is error-prone and vulnerable to fraudulent acts, whether the Government will use electronic voting in the next election; if so, of the details; if not, the reasons for that?




Question 7
(For written reply)

Administrative detention of Hong Kong residents on the Mainland

Dr Hon KWOK Ka-ki to ask:
It has been reported that on 8 August this year, a Hong Kong resident then employed by the British Consulate-General in Hong Kong took a business trip to the Mainland, and was detained by Mainland law enforcement authorities on the same day. He alleged that during his detention, he was subjected to inhuman treatment. He was released after 15 days of administrative detention, and he is now seeking asylum in a third place. In this connection, will the Government inform this Council:
(1)
as the aforesaid person has said that Mainland law enforcement officers had claimed that they would report his case to his family members by sending a letter to the Interpol for onward transmission to the Hong Kong Police Force ("HKPF") and then to his family members, whether HKPF have received such a letter; if so, of the reasons why HKPF have not passed on the letter to that person's family members; if not, whether HKPF will gain an understanding from the Mainland law enforcement authorities if the letter had been sent;
(2)
since the aforesaid person claimed that he was told that he would be taken back to the Mainland if he received media interviews and spoke publicly about anything other than the alleged offence that he had committed, of the measures in place to protect the personal liberty of that person upon his return to Hong Kong, and whether, after he was released by the Mainland law enforcement authorities, the Government has contacted him to offer any assistance that he may need;
(3)
whether the Government will gain an understanding from the Mainland law enforcement authorities in respect of the allegations made by the aforesaid person, and express unequivocal condemnations to the relevant authorities if the allegations were found to be substantiated;
(4)
whether it knows the number of Hong Kong residents who were subject to administrative detention on the Mainland in each of the past three years;
(5)
whether it knows the procedure to be followed by the Mainland law enforcement authorities for notifying the family members of a Hong Kong resident who is subject to administrative detention, as well as the number of times for which such procedure was followed by the relevant authorities in taking law enforcement actions, in each of the past three years;
(6)
of the reasons why administrative detention is not covered by the scope of the current notification mechanism set up between HKPF and the Mainland law enforcement authorities; whether both parties will discuss the expansion of the scope of the notification mechanism to cover administrative detention; and
(7)
whether it knows the number of Hong Kong residents currently employed by the various consulates-general in Hong Kong; of the measures to ensure that such persons have access to the assistance they need when they are subject to administrative detention on the Mainland?




Question 8
(For written reply)

(Translation)

Addressing the threats of inundation

Hon Kenneth LAU to ask:
Some scientists have pointed out that global warming has resulted in the sea level rising continuously. It has been reported that according to the findings of a recent projection made with a new digital elevation model for geographic information, it is forecast that under high carbon emission scenarios, by 2050, up to 340 million people worldwide will be exposed to the threats of sea level rise. By then, extensive areas in Hong Kong (including Kam Tin, Hung Shui Kiu, Tseung Kwan O, the airport in Chek Lap Kok, Kai Tak, Kowloon East and Kowloon West) may face permanent inundation. In respect of addressing the threats of inundation, will the Government inform this Council:
(1)
given that the Government has earmarked $300 million to develop a Common Spatial Data Infrastructure and a three-dimensional digital map of the whole territory, and the project may help in the prediction of areas to be affected by flooding, whether the project will collect, process and analyse data on climate change and sea level rise, as well as on the flooding risks of various districts; if so, of the details; if not, the reasons for that;
(2)
of the measures put in place to further promote the use of innovation and technology in addressing the threats of inundation in various districts brought about by global warming; and
(3)
as the Civil Engineering and Development Department commissioned a consultant in April this year to undertake a feasibility study entitled "Coastal Hazards under Climate Change and Extreme Weather and Formulation of Improvement Measures", whether the scope of the study covers all the aforesaid districts; if so, of the details; if not, the reasons for that; when the findings of the study will be published?




Question 9
(For written reply)

(Translation)

Internet Protocol Camera Scheme

Hon WU Chi-wai to ask:
In December 2016, the Food and Environmental Hygiene Department ("FEHD") launched a pilot scheme under which Internet Protocol ("IP") cameras were installed at six illegal refuse deposit blackspots ("blackspots") across the territory to step up efforts in combating acts of illegal refuse deposit. The scheme is now called the "Internet Protocol Camera Scheme" ("the Scheme"). From June 2018 to May 2019, FEHD installed IP cameras at 118 blackspots across the territory under the Scheme. FEHD has extended the Scheme for two years starting from the third quarter of 2019, and will install IP cameras at 150 blackspots across the territory in phases according to the locations and priorities proposed by the various District Councils ("DCs"). In this connection, will the Government inform this Council:
(1)
of the locations of the 150 blackspots at which IP cameras will be installed (set out by DC district);
(2)
given that FEHD will, after installing IP cameras at targeted locations, monitor such locations to suitably adjust its plans, of the guidelines or criteria based on which FEHD makes decisions on changing the locations of cameras; the number of occasions on which FEHD made such changes since the implementation of the Scheme, and set out the information relevant to each change, including the reasons for and the date of the change, as well as the locations of the IP cameras before and after the change;
(3)
of the number of blackspots in each DC district in each year since the implementation of the Scheme; the change in the number of cases in which vehicles owners were prosecuted and convicted for illegal dumping of refuse, subsequent to the implementation of the Scheme;
(4)
as FEHD has indicated that recorded footage which has not captured suspected cases will be deleted after random checking, of the average retention period of such footage (with a breakdown by DC district), and the details of the relevant random checks, including the procedure to be followed, the frequency of random checks and the target number of footage to be inspected during each random check; and
(5)
of the number of occasions on which FEHD provided recorded footage to other government departments since the implementation of the Scheme, and set out, by name of department, the details of each occasion on which recorded footage was provided, including the reasons for and the date of providing the relevant footage, as well as the locations of the IP cameras concerned?




Question 10
(For written reply)

(Translation)

First aid training received by police officers

Dr Hon Pierre CHAN to ask:
The Secretary for Security has indicated recently that most police officers have received first aid and basic healthcare training. In this connection, will the Government inform this Council:
(1)
among the serving police officers belonging to the ranks listed in the table below, of the respective numbers and percentages of those who have completed first aid certificate courses recognized by the Government, and set out in the table below a breakdown of the number of persons by training organization (i.e. (i) Hong Kong St. John Ambulance, (ii) Hong Kong Red Cross, (iii) Occupational Safety & Health Council, (iv) The Auxiliary Medical Service and (v) other organizations (please specify));
RankOfficers
completing course		A breakdown of the number of
persons by training organization
NumberPercentage(i)(ii)(iii)(iv)(v)
Probationary Inspector of Police/Inspector of Police or above       
Sergeant/Station Sergeant       
Senior Police Constable       
Police Constable       
Total       
(2)
of the number of police officers who completed, in each of the past five years, the first aid certificate courses provided respectively by the aforesaid organizations, and the total number of hours of the relevant training received by them; and
(3)
whether the Police will, when some persons at the scene of confrontations between the Police and members of the public have been injured and need treatment, administer first aid treatment for the injured persons on their own, or refer them to the healthcare professionals (including ambulance personnel, nurses and doctors) at the scene for treatment in the first instance; of the criteria adopted by the Police for making such a decision?
 



Question 11
(For written reply)

(Translation)

Control of wild and stray animal nuisances

Hon CHAN Hak-kan to ask:
The Director of Audit published, in October this year, the results of a value for money audit on the "control of wild and stray animal nuisances". Regarding the work of the Agriculture, Fisheries and Conservation Department ("AFCD") in this respect, will the Government inform this Council:
(1)
given that in the last financial year, (i) AFCD staff did not conduct on-site visits in respect of 65% of the complaint cases which would need their on-site visits, and (ii) in respect of the 1 917 complaint cases analysed by the Audit Commission, there were delays in the interim and substantive replies given by AFCD for 3% and 21% of the cases respectively, whether AFCD has reviewed the causes for such situations and what improvement measures have been put in place;
(2)
given that in the last financial year, among the 10 partner organizations which collected cats and dogs from AFCD for rehoming by members of the public, only two submitted rehoming records as required, (i) how AFCD calculates the numbers of animals rehomed under such circumstances, and (ii) whether AFCD has counted those animals that it transferred to its partner organizations but not yet rehomed towards the numbers of animals rehomed; whether AFCD has required its partner organizations to submit rehoming records of other animals (e.g. turtles and rabbits); if so, of the details; if not, the reasons for that;
(3)
given that the numbers of dogs and cats rehomed in the past five years dropped by 26% and 43% respectively, and that two stray dogs which had passed the health and temperament assessments ("rehoming assessments") were euthanized in the last financial year as no rehoming could be found for them, whether AFCD will upload the information of those dogs, cats and other animals which have passed the rehoming assessments onto its website in order to increase their chances of being rehomed;
(4)
given that according to AFCD's guidelines, stray cats and dogs will be euthanized if they are not reclaimed within the detention period of four days after being caught and if they have failed the rehoming assessments, while in the last financial year, the actual detention periods for cats and dogs ranged respectively from 0 to 51 days and from 0 to 93 days, and 47 cats and dogs were euthanized in less than four days of detention, whether AFCD has reviewed the causes for such situations, and what improvement measures have been put in place;
(5)
given that in 2007, nine of the 18 District Councils ("DCs") supported in principle the implementation of the "trap-neuter-return" pilot programme for dogs in their districts, whether AFCD will consult the other DCs on the programme after the new DC term commences in January next year so as to extend the scope of implementation of the programme; if so, of the details; if not, the reasons for that;
(6)
as many animal welfare organizations have relayed the difficulties in operating a rehoming centre, including finding suitable premises and shouldering high rents, whether the Government will dedicate certain floors of the new Animal Management and Animal Welfare Building Complex ("Complex") proposed to be built in the Kai Tak Development Area for renting to such organizations by drawing lots; if so, of the details; if not, whether it will provide them with rental subsidies;
(7)
whether AFCD will provide public veterinary services in the Complex; if so, of the details; if not, whether healthcare vouchers for animals or other subsidies will be provided to animal owners with financial needs; and
(8)
whether AFCD, apart from entrusting the work on animal rehoming to its partner organizations, will provide its own (i) animal rehoming centre and (ii) online animal rehoming platform?




Question 12
(For written reply)

(Translation)

Relief measures for the middle class

Hon Paul TSE to ask:
The Gross Domestic Product ("GDP") of Hong Kong has recorded negative growth for two consecutive quarters, indicating that Hong Kong's economy has entered a technical recession. Recently, the Financial Secretary has even pointed out that as the revenues from taxes and land sales in this financial year are expected to drop significantly amid the economic downturn, the Government will record its first budget deficit in 15 years. The business environment of the retail and catering sector, which employs more than 500 000 people, has deteriorated, with some 300 restaurants closing down over the past two months, and the unemployment rate of the sector surging to 6.1%, hitting a record high in six years. The unemployment rate of the construction sector has also soared to 4.9%. In addition, there were 5 940 bankruptcy cases in the first three quarters of this year, representing a year-on-year increase of 7.7%. Besides, the number of residential mortgage loans in negative equity ("negative equity") has been on a rising trend. It is hard to be optimistic about the outlook of Hong Kong's economy in the fourth quarter of this year and next year. In this connection, will the Government inform this Council:
(1)
whether it has assessed, as the economic conditions is anticipated to continue to deteriorate, if there will be a significant increase in the unemployed population and the numbers of bankruptcy and negative equity cases in the fourth quarter of this year and next year; if it has, of the rates of increase;
(2)
as some persons from the middle class have pointed out that the four rounds of relief measures introduced by the Government mainly aim to support small and medium enterprises and the grassroots, and the middle class has not benefited much from them, whether the Government will consider expeditiously introducing measures (e.g. providing allowances for the expenses on children's education outside Hong Kong and hiring foreign domestic helpers, as well as granting a concession on salaries tax for the whole of this year) to assist the middle class in tiding over the difficult times; if so, of the details; if not, the reasons for that;
(3)
as quite a number of minority property owners from the middle class have complained that in addition to rates, they are also required to pay Government rent which has been increasing year after year, whether the Government will revise its policy of offering rates concession only and provide a concession on Government rent at the same time, so as to relieve the burden on minority property owners; and
(4)
as some members of the public have criticized that among the relief measures of the fourth round, the measure of waiving surcharges for payment of taxes by instalments is far worse than the relief initiative put forth by a local tycoon earlier on in terms of the simplicity of the application procedure, efficiency of the vetting and approval process and effectiveness, etc., and is thus not conducive to assisting the taxpayers with financial difficulties in tiding over the difficult times, and has also raised concerns that the measure may, similar to the Caring and Sharing Scheme which disbursed $4,000 to members of the public, give rise to a lot of problems (e.g. loss of application forms, prolonged delay in vetting and approval of applications), whether the Government has assessed the additional manpower and administrative costs involved in implementing the measure, and the average time needed for vetting and approval of an application; whether it will streamline the relevant procedure so as to facilitate members of the public in need to apply and to reduce unnecessary administrative costs?




Question 13
(For written reply)

(Translation)

Redevelopment of the factory estates under the
Hong Kong Housing Authority

Hon Jimmy NG to ask:
The Chief Executive indicated in this year's Policy Address that she would invite the Hong Kong Housing Authority to explore the redevelopment of its six factory estates for public housing use. Such factory estates are located in Kwai Chung/Tsing Yi, Tuen Mun, Sha Tin, Kwun Tong and Sham Shui Po respectively, providing a total of over 8 200 factory units. In this connection, will the Government inform this Council:
(1)
of the expected completion dates for collecting research data, setting out the initial thinking and formulating the implementation timetables for the redevelopment projects; whether it has studied how a conversion option compares with a demolition and redevelopment option in the following two aspects: (i) the various items of expenditure required (e.g. expenditure on enhancing fire service facilities), and (ii) the number of public housing units that may be provided (and the ratio of units, among such units, available for rent to those for sale);
(2)
whether it will, in formulating the estimated expenditures and relocation arrangements for tenants for the redevelopment projects, draw reference from the experience in earlier years of converting factory estates into Un Chau Estate Phase 5 in Cheung Sha Wan or Wah Ha Estate in Chai Wan; if so, of the details; if not, the reasons for that;
(3)
whether it will consider, on the premise of fully utilizing the plot ratios of the sites on which such factory estates are located, demolishing such factory estates and redeveloping them into public rental housing ("PRH") estates, so as to shorten the waiting time for PRH as far as possible; if so, of the details; if not, the reasons for that; and
(4)
as it has been reported that the current occupancy rates of such factory estates are 99%, how the Government will, in tandem with increasing public housing supply, properly address the demand of existing factory estate tenants for such kind of units; whether it will consider retaining one factory estate for lease applications by existing tenants who wish to continue their operation; if so, of the details; if not, the reasons for that, as well as the details of the compensation package for the tenants (including the amounts of relocation allowance and compensation) and the estimated expenditures involved?




Question 14
(For written reply)

(Translation)

Hong Kong as an international arbitration hub

Hon Kenneth LEUNG to ask:
One of the main policy objectives of the Department of Justice is to enhance Hong Kong's status as a leading centre for international legal and dispute resolution services in the Asia-Pacific region, in particular as an international arbitration hub. In this connection, will the Government inform this Council:
(1)
whether it knows, in each of the past five years, the respective numbers of arbitration cases which were (i) seated in Hong Kong, (ii) heard in Hong Kong although not seated here, and (iii) provided only with secretarial support or services by the Hong Kong office of an arbitration institution; among such cases, the number of those which were international in nature; how such figures compare with those of Singapore and the causes for the differences;
(2)
of the total Gross Value Added of arbitration activities in Hong Kong (including the induced contribution) in each of the past five years, and its percentage in the legal sector's Gross Domestic Product in that year;
(3)
of the revenue brought by arbitration activities in each of the past five years, and its percentage in the Government's recurrent revenue in that year; and
(4)
whether it has assessed the impacts of the Hong Kong Human Rights and Democracy Act (especially the measures involving sanctions set out therein) enacted by the United States last month on Hong Kong as an international arbitration hub; if it has assessed, of the outcome; if not, the reasons for that?




Question 15
(For written reply)

The Police's arms and ammunition

Hon Dennis KWOK to ask:
It has been reported that since as many as some 16 000 tear gas canisters (which include tear gas rounds and tear gas grenades) have been used by the Police to disperse crowds since June this year, members of the public are very concerned about the health impacts of tear gas. Also, Mainland-made tear gas canisters used in recent months by the Police reach a higher temperature during combustion when compared with those used in the past and they easily catch fire. In this connection, will the Government inform this Council:
(1)
of the respective quantities of (i) tear gas rounds, (ii) tear gas grenades and (iii) other arms and ammunition (please specify) made on the Mainland which were procured by the Police in the past 12 months, as well as the respective dates of the procurement;
(2)
of the standards and procedure adopted by the Police for selecting suppliers of arms and ammunition;
(3)
whether the Police, before procurement, have conducted tests on the safety and suitability of each type of the arms and ammunition; if so, of the findings of such tests conducted in the past 12 months;
(4)
whether the Police have provided training for police officers on the proper use of each type of the arms and ammunition made on the Mainland; if so, whether such training differs from the training in respect of the arms and ammunition procured elsewhere;
(5)
as the Government indicated earlier on that the Department of Health ("DH") and the Hong Kong Poison Information Centre ("HKPIC") of the Hospital Authority had found no literature nor scientific evidence on dioxins poisoning cases caused by the use of tear gas, whether DH, HKPIC and other relevant government departments have conducted empirical studies on the toxic chemicals released by the specific models of tear gas canisters used by the Police, and on the risks of dioxins poisoning and other health hazards caused by tear gas, taking into account the use of hundreds of such canisters on several occasions on a single day in the same densely populated urban area;
(6)
as the Government indicated earlier on that no abnormality has been detected in the monitoring results recorded by the various air quality and water quality monitoring stations since June this year, (i) whether the Environmental Protection Department ("EPD") knows the components of the tear gas released, and (ii) whether these components are covered in the respective parameters currently used in calculating the Air Quality Health Index and monitoring water quality, so that such components can be detected;
(7)
as the Government claimed that tear gas was basically substance in the form of particulates and would disperse within localized areas, whether EPD will, by using the existing stationary air quality monitoring stations or other means, enhance the monitoring of air quality so as to detect any localized changes in air quality caused by the intense use of tear gas;
(8)
given that there are reports of serious health problems suffered by journalists and nearby residents after inhaling the tear gas in locations where there was intense use of tear gas canisters, what actions the Government has taken in response to such reports;
(9)
whether the Government will consider expeditiously putting in place a health surveillance system on the whole population to detect any unusual health reports that may relate to inhaling tear gas; if so, of the details;
(10)
whether the Police's relevant guidelines and training on the use of tear gas canisters specify the circumstances under which or the kinds of environment in which tear gas should not be used; and
(11)
as the Food and Environmental Hygiene Department has issued guidelines to its employees and cleansing service contractors on cleansing residues of tear gas, whether the Government can provide a copy of such guidelines?




Question 16
(For written reply)

(Translation)

Police work relating to the "anti-extradition to China" movement

Hon Charles Peter MOK to ask:
Regarding the Police's law enforcement actions, manpower deployment and investigation work since June this year in relation to the "anti-extradition to China" movement, will the Government inform this Council:
(1)
of the number of operations, since June this year, in which police officers disguised as demonstrators to discharge duties, and set out in Table 1 the following details by the date and location of the public meetings/processions concerned:
(i)
the number of police officers and a breakdown of such number by rank,
(ii)
the costumes and props used for disguising and the costs incurred for procuring such items,
(iii)
the number of private cars used and the department(s) to which such cars belonged,
(iv)
the purposes of the decoy operations, and
(v)
the number of persons arrested in the operations;
Table 1
DateLocation(i)(ii)(iii)(iv)(v)
       
(2)
of the number of police officers who have been engaged in crowd management work related to the "anti-extradition to China" movement since June this year, as well as the respective total numbers of hours of (i) overtime and (ii) standby duty they performed for carrying out such work; set out separately the monthly details of (i) and (ii), using tables of the same formats as Table 2 and Table 3; the respective total amounts of allowances granted to date for these two types of work, and the procedure for vetting and approval of applications for stand-by duty allowance;
Table 2
Month:             
Police districtDepartment/UnitOvertime
Number of police officers and their ranksTotal number of hoursTotal amount of allowanceAverage amount of allowance per person
      
Table 3
Month:             
Police districtDepartment/UnitStandby duty
Number of police officers and their ranksTotal number of hoursTotal amount of allowanceAverage amount of allowance per person
      
(3)
of the number of officers from other disciplined services, since November this year, whom the Commissioner of Police has appointed as special constables, and the amount of expenditure so incurred, as well as provide the details set out in Table 4 by disciplined service;
Table 4
Disciplined serviceNumber of appointeesAppointment periodAppointed officers'Amount of expenditure
own ranks and positionsduties as special constables
The Correctional Services Department     
...     
(4)
of the number of retired police officers currently re-employed by the Police, and set out in Table 5 a breakdown of such number by age group; a breakdown of such number by the police department and the rank to which such officers belonged prior to retirement, and their terms of appointment (including contract period, remunerations and benefits); the estimated monthly expenditure on remunerations; whether it has plans to re-employ former police officers who left the service for other reasons (if so, of the details);
Table 5
Age groupNumber of officers re-employed
45 to below 51 
51 to below 56 
56 to below 61 
61 to below 65 
65 or above 
(5)
of the number of occasions since June this year on which the Police made applications to panel judges or designated authorizing officers for authorizations for interception of communications or covert surveillance in respect of their investigation work, and set out the details of each case in Table 6;
Table 6
Date of applicationType of the caseNumber of subjects and the scope of the interception of communications or covert surveillanceWhether the application was approved (if rejected, please specify the reasons)
    
(6)
of the details of the requests for information disclosure made by the Police, since June this year, to Internet service providers/Internet platforms/websites ("service providers"), including:
(i)
the names and types of service providers,
(ii)
the total number of service providers,
(iii)
the dates on which the requests were made,
(iv)
the last dates on which the requests were processed (irrespective of whether such requests were acceded to or not),
(v)
the types of requests made,
(vi)
the total number of requests made,
(vii)
a breakdown of the number of such requests by reason (i.e. for investigation of cases, law enforcement and other reasons) and by the suspected offence (e.g. (a) access to computer with criminal or dishonest intent, (b) disclosure or conspiracy to disclose personal data obtained without consent from data users, (c) unauthorized access to computer by telecommunications, and (d) others (please specify)),
(viii)
the number of requests made under a court order,
(ix)
the number of accounts involved,
(x)
the volume of information requested for disclosure,
(xi)
the nature of information requested for disclosure (i.e. requests for providing metadata and/or content of communication),
(xii)
the number of requests acceded to,
(xiii)
the number of requests not acceded to, with a breakdown by the reason given (e.g. (a) the request was not made under a court order, (b) failure to provide appropriate legal documents, (c) insufficient justifications, (d) not complying with the service provider's policies and (e) other reasons); if such information cannot be provided, of the reasons for that, and
(xiv)
the number of persons arrested and/or prosecuted based on the information provided by service providers; and
(7)
of the details of the requests for information removal made by the Police, since June this year, to service providers, including:
(i)
the names and types of service providers, 
(ii)
the total number of service providers, 
(iii)
the dates on which the requests were made, 
(iv)
the last dates on which the requests were processed (irrespective of whether such requests were acceded to or not), 
(v)
the types of requests made, 
(vi)
the total number of requests made, with a breakdown of such number by reason (i.e. for investigation of cases, law enforcement and other reasons) and by the suspected offence, 
(vii)
the number of requests made under a court order, 
(viii)
the number of accounts involved, 
(ix)
the volume of information requested for removal, 
(x)
the nature and details of the information requested for removal, 
(xi)
the number of requests acceded to, and 
(xii)
the number of requests not acceded to, with a breakdown by the reason given; if such information cannot be provided, of the reasons for that? 




Question 17
(For written reply)

(Translation)

Importation of foreign workers in the catering industry

Hon POON Siu-ping to ask:
All along, employers may apply for importation of foreign workers under the Supplementary Labour Scheme. It is learnt that the number of cooks imported through the Scheme has continued to rise in recent years. In this connection, will the Government inform this Council:
(1)
of the respective numbers of foreign workers in the catering industry the importation of whom (a) was applied for by employers and (b) was approved, in each of the past five years and from January to November this year, and set out by position the (i) numbers and (ii) median monthly wages of the foreign workers who were approved to come to work in Hong Kong, and a breakdown of the number of cooks among such workers by the cuisine in which they are specialized (e.g. Sichuan cuisine, Thai cuisine); and
(2)
as some employees in the catering industry have pointed out that the economic downturn in Hong Kong in recent months has led to salary reduction for or dismissal of a large number of employees in the industry, whether the authorities will consider suspending the vetting and approval of applications for importation of foreign cooks, so as not to further reduce the employment opportunities of local workers; if so, of the details; if not, the reasons for that?




Question 18
(For written reply)

(Translation)

Taking forward the Railway Development Strategy 2014

Hon Holden CHOW to ask:
The Chief Executive stated in this year's Policy Address that the Government would expedite the implementation of the projects proposed in the Railway Development Strategy 2014, including the Tung Chung Line Extension, Tuen Mun South Extension and Northern Link, and would invite the MTR Corporation Limited ("MTRCL") to commence the relevant detailed planning and design in the coming year. In this connection, will the Government inform this Council:
(1)
whether it knows the time needed for MTRCL to carry out the detailed planning and design for the aforesaid projects, and when the authorities will give the public an account of the details of each of the new railway stations (including their locations as well as the arrangements for their entrances and exits);
(2)
of the estimated time needed for completing the relevant public consultation processes; and
(3)
given the continuous population growth in Tung Chung and the fact that it takes time to construct the Tung Chung Line Extension, whether the authorities will consider, prior to the commissioning of the Extension, enhancing the Green Minibus services in Tung Chung and introducing ferry services plying between Tung Chung and the Hong Kong and Kowloon regions, so as to meet Tung Chung residents' outbound transport needs?




Question 19
(For written reply)

(Translation)

Settling government bills

Hon Alvin YEUNG to ask:
At present, the Government provides a number of payment channels for members of the public to settle government bills. In this connection, will the Government inform this Council:
(1)
whether the operators of the various payment channels have charged the Government for any transaction fees; if so, of the methods for calculating such fees (e.g. calculated on a yearly or a per-transaction basis) and the levels of such fees (e.g. a flat fee or a certain percentage of the transaction amount), and set out the relevant information according to the payment channels as set out in the table below; and
Payment channel
(if there is more than one operator in respect of the same payment channel, and the various operators have put in place different arrangements, please set them out one by one)		Method for calculating feesLevel of fees
PPS  
Faster Payment System   
Internet banking  
Phone banking  
e-Cheque  
Convenience store  
Others (please specify)  
(2)
of the public expenditure incurred by the Government in each of the past five years for the provision of online payment services?




Question 20
(For written reply)

(Translation)

Compliance with the Water Pollution Control Ordinance by
the catering industry

Hon Steven HO to ask:
At present, the Environmental Protection Department ("EPD") regulates the discharge of wastewater from restaurants and food factories through the Water Pollution Control Ordinance ("WPCO") (Cap. 358) and the relevant licencing system. A licence under WPCO ("Licence") specifies, for compliance by the licensee, the effluent standards and relevant terms and conditions, including the quantitative limits on oil and grease in wastewater that may be discharged. For instance, restaurants and food factories are required to use grease traps to separate oil and grease from wastewater before discharging wastewater into communal sewers. EPD has published a booklet entitled "Grease Traps for Restaurants and Food Processors" to help members of the catering industry understand and comply with the requirements of the licence. Some members of the catering industry have pointed out that some new technologies for oil and grease treatment have emerged in the market in recent years (e.g. grease separators, biological treatment and chemical treatment), which are more effective than the grease traps currently in use. As such new technologies are not mentioned in EPD's guidelines and the aforesaid booklet, members of the industry are worried that EPD may refuse to grant a Licence in respect of sewage treatment systems using those new technologies. This situation has restrained the application of such new technologies, rendering it impossible for the industry to reduce their operation costs and hindering the industry's development. In addition, members of the industry are unfamiliar with the law relating to sewage discharge and therefore rely heavily on the Government providing guidelines via the aforesaid booklet. In this connection, will the Government inform this Council:
(1)
of the number of enquiries about the Licence that EPD received from members of the catering industry in the past five years, and the relevant follow-up actions;
(2)
of the details of EPD's law enforcement in the past five years regarding the compliance with the requirements under Cap. 358 by the catering industry (including the numbers of inspections conducted, complaints handled, prosecutions instituted and convicted cases); whether, in addition to taking law enforcement actions, EPD has rendered support to members of the industry to assist them in complying with the relevant requirements;
(3)
of the amount of resources allocated by EPD in the past five years for the development of new technologies for treating the oil and grease in wastewater;
(4)
when EPD compiled the aforesaid booklet; when the booklet was being compiled by EPD, of the criteria adopted and whether members of the public were consulted on its contents; whether the booklet has been amended or updated; if so, of the number of times for which amendments were made so far and the date on which amendments were last made; if not, whether EPD will update the booklet on a regular basis to facilitate the promotion of new and effective oil and grease treatment technologies; if EPD will, of the details; if not, the reasons for that; and
(5)
whether EPD organized any seminar in the past five years to promote new oil and grease treatment technologies to the catering industry; if not, of the channels through which the industry may learn of such new technologies?




Question 21
(For written reply)

(Translation)

Provision of self-financing post-secondary education

Hon CHAN Hoi-yan to ask:
In its review report submitted to the Education Bureau last year, the Task Force on Review of Self-financing Post-secondary Education re-affirms the Government policy of supporting the parallel development of the publicly funded and self-financing post-secondary education sectors, which is conducive to the diversified development of higher education in Hong Kong. However, some members of the self-financing post-secondary education sector have pointed out that currently the Government has merely launched the "Study Subsidy Scheme for Designated Professions/Sectors" ("SSSDP") and the "Non-means-tested Subsidy Scheme for Self-financing Undergraduate Studies in Hong Kong", which are insufficient to promote the development of self-financing institutions. In this connection, will the Government inform this Council:
(1)
of the following information about SSSDP:
(i)
the number of applications approved and the total amount of subsidy granted, as well as the average, highest and lowest amounts of subsidy granted in respect of the approved applications, in each of the past three academic years;
(ii)
whether it has reviewed the effectiveness of SSSDP; if so, of the criteria adopted for the review; if not, whether it will conduct such a review; and
(iii)
whether it knows the post-graduation employment situation of the students who received subsidies; if so, of the details; if not, whether it will conduct a relevant survey;
(2)
as a think tank has suggested that the percentage for non-standard entry to programmes of self-financing post-secondary institutions (i.e. admission of students whose results in the Hong Kong Diploma of Secondary Education Examination do not meet the basic entrance requirements of undergraduate programmes), which is currently set at 5%, be relaxed, whether the Government will consider the suggestion; if so, of the details and implementation timetable; if not, the reasons for that;
(3)
whether it will allocate additional resources to self-financing post-secondary institutions to enable them to strengthen the cooperation with the relevant sectors, thereby ensuring that the programmes that they offer are responsive to market needs; if so, of the details; if not, the reasons for that; and
(4)
as the Government will launch an Enhancement and Start-up Grant Scheme for Self-financing Post-secondary Education to provide financial support for self-financing post-secondary institutions which are interested in offering programmes that meet market needs but require high start-up costs, of the specific content of the Scheme (including the expenditure involved, the implementation timetable and the criteria for vetting and approval of the applications)?




Question 22
(For written reply)

(Translation)

Non-permanent judges from
other common law jurisdictions

Hon Tony TSE to ask:
Under the Basic Law, the Hong Kong Court of Final Appeal Ordinance (Cap. 484) and the Judicial Officers Recommendation Commission Ordinance (Cap. 92), the Chief Executive may, on the recommendation of the Judicial Officers Recommendation Commission ("JORC") and upon the endorsement of the Legislative Council, appoint judges from the common law jurisdictions outside Hong Kong as non-permanent judges from other common law jurisdictions ("other CLJ judges") of the Court of Final Appeal ("CFA"). The candidates for such judges are generally put forward by the Judiciary for JORC's consideration. Since the reunification of Hong Kong, only judges/retired judges from the United Kingdom ("UK"), Australia, New Zealand and Canada have been appointed as other CLJ judges, and 10 out of the 15 current other CLJ judges come from UK. In this connection, will the Government inform this Council:
(1)
whether it knows, since the reunification of Hong Kong, the jurisdiction from which each of the appointed other CLJ judges came and the number of CFA cases heard by each of them;
(2)
whether it knows the criteria and procedures based on which the Judiciary identifies the candidates for other CLJ judges;
(3)
whether it knows, since the reunification of Hong Kong, if the Judiciary has put forward candidates from jurisdictions other than UK, Australia, New Zealand and Canada for other CLJ judges; if the Judiciary has not, of the reasons for that;
(4)
whether it knows if JORC may consider candidates for other CLJ judges, apart from those put forward by the Judiciary, put forward by other persons or those who nominate themselves; if JORC may, whether JORC has considered any candidate of this type since the reunification of Hong Kong; if JORC may not, of the reasons for that; and
(5)
whether the Government and the Judiciary conducted any review in the past 10 years of the procedure for identifying and recommending candidates for other CLJ judges; if so, of the review outcome; if not, whether they will conduct such a review shortly?