A 19/20-12

Legislative Council

Agenda

Wednesday 8 January 2020 at 11:00 am

I.
Laying of Papers on the Table of the Council

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

IIA.
Urgent Questions

Members to ask 3 urgent oral questions in Appendix 2A
Urgent questions for oral replies to be asked by
Public officers to reply
1.
Secretary for Food and Health
Under Secretary for Food and Health
2.
Secretary for Food and Health
Under Secretary for Food and Health
3.
Secretary for Food and Health
Under Secretary for Food and Health

II.
Questions

Members to ask 21 questions (6 for oral replies and 15 for written replies)
Questions for oral replies to be asked by
Public officers to reply
1.
Secretary for Security
2.
Secretary for Constitutional and Mainland Affairs
3.
Hon CHUNG Kwok-pan
(Hon SHIU Ka-fai to ask on his behalf)
Secretary for Commerce and Economic Development
4.
Secretary for Security
5.
Secretary for Security
6.
Secretary for Education
Contents of 21 questions, Members to ask such questions and public officers to reply set out in Appendix 2

III.
Government Bills

First Reading and Second Reading (debate to be adjourned)
1.
:
Chief Secretary for Administration
2.
:
Secretary for Labour and Welfare

IV.
Members' Motions

1st 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)
1.
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
:
2.
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)
2nd 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 2)
(Standing over from the meeting of 23 October 2019)
3.
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
:
4.
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
:
5.
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)
3rd 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 6 to 10 standing over from the meeting of 23 October 2019)
6 and 7.
Motions under the Legislative Council (Powers and Privileges) Ordinance to appoint select committees to conduct inquiries
Mover
:
Hon Tanya CHAN
Wording of the motions
:
8 and 9.
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
:
10.
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 11 standing over from the meeting of 13 November 2019)
11.
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 12 standing over from the meeting of 11 December 2019)
12.
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)
4th 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 13 standing over from the meeting of 13 November 2019)
13.
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 14 standing over from the meeting of 27 November 2019)
14.
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)
5th debate (covering the following motion)
(Standing over from the meeting of 12 June 2019)
15.
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
6th debate (covering the following motion)
(Standing over from the meeting of 12 June 2019)
16.
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 8 January 2020

Laying of Papers on the Table of the Council

Subsidiary legislation/instruments
Legal Notice No.
Other paper





Appendix 2A

3 urgent questions for oral replies to be asked at the Council meeting of 8 January 2020

Subject matters
Public officers to reply
1
Hon Alice MAK
Secretary for Food and Health
Under Secretary for Food and Health
2
Hon Elizabeth QUAT
Secretary for Food and Health
Under Secretary for Food and Health
3
Dr Hon KWOK Ka-ki
Secretary for Food and Health
Under Secretary for Food and Health





Urgent Question 1
(For oral reply)

(Translation)

Issuing expeditiously guidelines on treating viral pneumonia

Hon Alice MAK to ask:
Recently, several dozen cases of viral pneumonia have occurred in Wuhan. As the cause of the disease is unknown, quite a number of Hong Kong people are in panic. In this connection, will the Government inform this Council of the disease's latest pathological information that it has grasped so far (including the causes of the disease, symptoms, transmissibility and treatment methods), and whether it will expeditiously issue to healthcare personnel work guidelines on treating such disease and provide them with adequate protection measures?





Urgent Question 2
(For oral reply)

(Translation)

Immediate measures to curb the spread of an epidemic in Hong Kong

Hon Elizabeth QUAT to ask:
Several dozens of pneumonia cases with unknown causes have occurred recently in Wuhan, and there have been successive reported cases in Hong Kong of persons with a travel history to Wuhan showing related symptoms. In this connection, will the Government immediately raise the response level further, issue a travel alert for Wuhan, and step up the work on epidemic notification with the Mainland?





Urgent Question 3
(For oral reply)

(Translation)

Enhancing the measures to cope with an epidemic outbreak

Dr Hon KWOK Ka-ki to ask:
Recently, there has been an outbreak of pneumonia with unknown causes in Wuhan, and some of the patients are operators in a seafood wholesale market. As the flow of residents between Wuhan and Hong Kong will increase with the approach of the Lunar New Year, there are worries that the disease will spread to Hong Kong. In this connection, will the Government take the following measures immediately: enhancing the prevention of the epidemic at the boundary control points (including the deployment of staff to board the planes and Express Rail Link trains coming from Wuhan to carry out quarantine work), stepping up the prevention of the epidemic at the local level (including the enhancement of the disinfection and cleansing work at wet markets), and devising a plan for public hospitals to cope with the epidemic outbreak amid the influenza surge?





Appendix 2

21 questions to be asked at the Council meeting of 8 January 2020

Subject matters
Public officers to reply
Questions for oral replies
1
Hon WONG Ting-kwong
Secretary for Security
2
Hon Alice MAK
Secretary for Constitutional and Mainland Affairs
3
Hon CHUNG Kwok-pan
(Hon SHIU Ka-fai to ask on his behalf)
Secretary for Commerce and Economic Development
4
Hon CHAN Chi-chuen
Secretary for Security
5
Hon Charles Peter MOK
Secretary for Security
6
Dr Hon Helena WONG
Secretary for Education
Questions for written replies
7
Hon MA Fung-kwok
Secretary for Transport and Housing
8
Hon SHIU Ka-chun
Secretary for Home Affairs
9
Hon CHAN Hak-kan
Secretary for the Environment
10
Dr Hon CHENG Chung-tai
Secretary for Food and Health
11
Hon Alvin YEUNG
Secretary for Security
12
Hon CHAN Han-pan
Secretary for Transport and Housing
13
Hon Vincent CHENG
Secretary for Transport and Housing
14
Hon WONG Kwok-kin
Secretary for Labour and Welfare
15
Hon Andrew WAN
Secretary for Financial Services and the Treasury
16
Dr Hon Fernando CHEUNG
Secretary for Financial Services and the Treasury
17
Hon CHEUNG Kwok-kwan
Secretary for Education
18
Hon Elizabeth QUAT
Secretary for Home Affairs
19
Prof Hon Joseph LEE
Secretary for Security
20
Hon LEUNG Yiu-chung
Secretary for Labour and Welfare
21
Hon HUI Chi-fung
Secretary for Home Affairs
Note:
Only 15 written questions are scheduled for this meeting, as Hon CHU Hoi-dick has withdrawn his written question.





Question 1
(For oral reply)

(Translation)

Law and order situation in Hong Kong

Hon WONG Ting-kwong to ask:
In recent months, the Police seized a large quantity of weapons (including pistols, an AR15 long-range rifle and several hundred bullets), and suspected that some people had planned to use such weapons in public events for causing casualties so as to frame the Police. The Police also seized large quantities of petrol bombs, incendiary bombs, explosives and chemicals which may be used for making weapons. It has been reported that last month some members of a foreign extremist organization came to Hong Kong to participate in demonstrations. The aforesaid incidents have caused quite a number of members of the public to worry that the law and order situation in Hong Kong is deteriorating. In this connection, will the Government inform this Council:
(1)
of the lethality of the various types of firearms, as well as the respective quantities of the various types of weapons and chemicals that may be used for making weapons, which were seized by the Police since June last year;
(2)
whether the Police have investigated the origins of the firearms and other weapons seized and if there is any connection with foreign terrorist organizations, and of the follow-up actions taken; and
(3)
of the authorities' assessment of the current law and order situation in Hong Kong, as well as their strategies for stopping violence and curbing disorder and for preventing foreign terrorists from engaging in illegal activities in Hong Kong?





Question 2
(For oral reply)

(Translation)

Measures against doxxing

Hon Alice MAK to ask:
Since the occurrence of the disturbances arising from the proposed legislative amendments, quite a number of persons have engaged in doxxing police officers and persons holding different views (i.e. searching for and disclosing their personal information and that of their family members on the Internet), and the doxxed information has subsequently been used by others for harassing and threatening the victims and their family members. Some persons holding different views have silenced themselves to avoid being doxxed. Moreover, the Office of the Privacy Commissioner for Personal Data ("PCPD") has indicated that in view of the multiple difficulties encountered in investigating and following up doxxing acts, it is actively studying the introduction of amendments to the Personal Data (Privacy) Ordinance. In this connection, will the Government inform this Council:
(1)
whether it knows the number of complaints, received by PCPD since the occurrence of the disturbances arising from the proposed legislative amendments, about personal data being disclosed on the Internet without the consent of the data subjects, and how many persons' personal data were involved in the complaints; among such complaints, the number of those involving doxxing acts; the details of the follow-up actions taken by PCPD;
(2)
as some social platforms have repeatedly refused to provide to PCPD the registration information or Internet protocol addresses of persons who uploaded the doxxing postings, whether the existing legislation has empowered PCPD to prosecute those social platforms; if so, of the number of prosecutions instituted by PCPD since the occurrence of the disturbances arising from the proposed legislative amendments; if not, the measures PCPD has in place to deal with this situation before the relevant legislation is amended; and
(3)
whether it knows the latest progress of PCPD's study on the introduction of amendments to the aforesaid Ordinance; whether the Government will accept the proposed legislative amendments of empowering PCPD to search for and seize evidence, and to conduct prosecution, etc., and whether it has drawn up a timetable for introducing such legislative amendments; if so, of the details; if not, whether it will draw up such a timetable; of the measures the authorities will take before the completion of the legislative amendment process, in order to protect the privacy of persons who have been doxxed during the disturbances arising from the proposed legislative amendments?





Question 3
(For oral reply)

(Translation)

Hong Kong Human Rights and Democracy Act

Hon CHUNG Kwok-pan to ask (Hon SHIU Ka-fai to ask on his behalf):
According to the Hong Kong Human Rights and Democracy Act ("the Act") enacted earlier by the authorities of the United States ("US"), the US Secretary of State shall submit annually to the Congress a certification in conjunction with the report required under the US-Hong Kong Policy Act, enunciating whether Hong Kong continues to warrant existing treatment under US laws, including being treated as a separate customs territory. In this connection, will the Government inform this Council:
(1)
of the details of the lobbying, conducted by the Government's Economic and Trade Offices ("ETOs") in three US cities, against the enactment of the Act, including the ways in which and the number of occasions on which such lobbying was conducted, the politicians met, as well as the relevant reasons and data presented to them (set out by date in a table);
(2)
as the Government has reproached a few Hong Kong people for visiting the US in September last year to urge the Congress to pass the Act and making at a hearing misrepresentations of the violent demonstrations in Hong Kong, whether, in view of such a situation, the ETO in Washington DC stepped up efforts at that time to lobby US politicians and explained to them the real situation of Hong Kong; if so, of the details, and whether it has studied the reasons why the Act was still enacted eventually by the US authorities; if it did not step up lobbying efforts, the reasons for that; and
(3)
of the Government's specific plans in place to lobby US politicians this year, so as to avoid the US authorities ceasing to treat Hong Kong as a separate customs territory?





Question 4
(For oral reply)

(Translation)

Persons on police bail refusing to enter into further bail

Hon CHAN Chi-chuen to ask:
Since June last year, thousands of members of the public have been granted bail by the Police after being arrested during public events, pending the Police's decisions on whether prosecutions will be instituted against them upon completion of investigations. It is learnt that when reporting to the police stations subsequently, quite a number of them refused to enter into further bail and they were released unconditionally. However, since the Police have so far not informed them whether investigations of the relevant cases have been completed and whether prosecutions will be instituted against them, they and their families are very worried day after day. In this connection, will the Government inform this Council:
(1)
of the respective numbers of cases, in each of the past six months, of persons refusing to enter into further bail and their being released unconditionally after such refusal;
(2)
of the number of persons in the past five years who were released unconditionally after refusing to enter into further bail and, among them, the number of those who were subsequently prosecuted, as well as the average duration between the dates of their unconditional release after refusal to enter into further bail and the dates on which they were prosecuted; and
(3)
whether the Police will, upon deciding not to institute any prosecution against the persons released unconditionally after their refusal to enter into further bail, inform them of that decision expeditiously, so as to relieve them of the psychological burden; if so, of the details; if not, the reasons for that?





Question 5
(For oral reply)

(Translation)

Access to communications information by law enforcement agencies

Hon Charles Peter MOK to ask:
Article 30 of the Basic Law protects the enjoyment of freedom and privacy of communication by Hong Kong residents. Article 14 in Part II (The Hong Kong Bill of Rights) of the Hong Kong Bill of Rights Ordinance provides that no one shall be subjected to arbitrary or unlawful interference with his correspondence. The existing Interception of Communications and Surveillance Ordinance merely requires law enforcement agencies to seek authorization from a panel judge before conducting postal interceptions and telecommunications interceptions, but it does not impose any regulation on the information (including communications content, metadata and personal data) in network communications (such as mobile phones and web servers). Moreover, a judgment handed down by the High Court on 27 October 2017 has pointed out that the Police must, unless in exigent circumstances, obtain a warrant from the Court before they may inspect the mobile phone of an arrestee. It has been reported that an arrestee recently indicated that some of the instant messaging records in his locked mobile phone had been admitted as part of the evidence by the prosecution, but he had never disclosed to the Police the password for unlocking his mobile phone since his arrest and he had not been informed before the court hearing of the Police having obtained a relevant warrant. In this connection, will the Government inform this Council:
(1)
of the number of cases since June last year in which the Police seized and unlocked the mobile phones of arrestees and accessed the information therein and, among such cases, the number of those in which a warrant was obtained;
(2)
since when the Police began to use hacking software or other cracking tool for unlocking mobile phones in order to access the instant messaging contents or other information therein; and
(3)
whether the Government will (i) by drawing reference from the relevant legislation in Korea, Taiwan, Australia, the United Kingdom and the United States, introduce legislative amendments or enact legislation to regulate the work on the collection of electronic evidence by law enforcement agencies, and (ii) take the initiative to regularly publish details of the requests made by various law enforcement agencies to information and communication technology companies for disclosure of information, so as to enhance the transparency of law enforcement efforts and enable such transparency to reach international standards?





Question 6
(For oral reply)

(Translation)

Complaints about teachers' professional conduct

Dr Hon Helena WONG to ask:
From June to November last year, the Education Bureau ("EDB") received more than 100 complaints about teachers' professional conduct. Such complaints involved allegations against the teachers concerned for having disseminated hate remarks on social media, committed provocative acts, used inappropriate teaching materials, allegedly broken the law, etc. The follow-up actions taken by EDB for those cases included issuing advisory letters, warning letters and reprimand letters, taking the disciplinary action of interdiction, and reviewing the teachers' registration status. In this connection, will the Government inform this Council:
(1)
whether it has assessed if EDB's pursuit of liability of individual teachers for making remarks on social media has infringed the freedom of speech and freedom of expression that the teachers enjoy under Article 27 of the Basic Law and Article 16 of the Hong Kong Bill of Rights Ordinance; if it has assessed and the outcome is in the affirmative, of the legal basis for EDB's interference with the teachers' making remarks during non-office hours and outside school;
(2)
of EDB's justifications for requesting schools to review whether the teaching staff members who have been arrested but have not yet been prosecuted are still suitable for taking up teaching posts or other duties in their schools; whether EDB has assessed if such move has deprived the teachers concerned of their rights to be treated fairly in the disciplinary mechanism (including the opportunities to make representations and lodge appeals), thus giving rise to the effect of "punishment before conviction", which violates the common law principle of presumption of innocence; and
(3)
how EDB defines "hate remarks", "provocative acts" and "inappropriate teaching materials", and whether EDB will make public those teaching materials which are judged to be inappropriate so that members of the public may make their own judgement as to whether the follow-up actions concerned amount to political suppression; if EDB will not, of the reasons for that?





Question 7
(For written reply)

(Translation)

Redevelopment of factory estates

Hon MA Fung-kwok to ask:
Last month, the Secretary for Transport and Housing indicated that in response to an initiative put forward by the Chief Executive in the 2019 Policy Address, the Hong Kong Housing Authority ("HA") was exploring the feasibility of redeveloping HA's individual factory estates for public housing use, taking into account individual site conditions and arrangements, as appropriate. In this connection, will the Government inform this Council:
(1)
of (i) the average occupancy rate, (ii) a breakdown of the number of tenants by trade group, and (iii) the number of tenants that engaged in cultural, arts or sports related trades, in respect of the various factory units under HA in each of the past three years;
(2)
whether the aforesaid exploratory work has included (i) consulting the existing tenants of the factory estates, (ii) assessing the impacts of related plans on the tenants and the trades concerned, and (iii) formulating measures to mitigate such impacts; if so, of the details (including the approaches for the consultation and assessment work); of the expected dates of completion of the exploratory work and announcement of the outcome; and
(3)
whether the Government will consider including in the aforesaid exploratory work a study on the feasibility of the following arrangement: upon drawing reference from the practice in earlier years of converting the whole block of the Shek Kip Mei Factory Estate into an arts centre, converting individual factory estates for cultural, arts or recreational and sports related uses, or setting aside, in the projects for redeveloping the factory estates into public housing, certain floors for such uses?





Question 8
(For written reply)

(Translation)

Community development services

Hon SHIU Ka-chun to ask:
Introduced by the Government in the 1970s, the Neighbourhood Level Community Development Projects ("NLCDPs") were implemented by non-governmental organizations in transient communities in which community facilities and welfare services were inadequate or non-existent. Since December 1995, the Government has, on grounds of the decrease in deprived communities, significantly reduced the number of NLCDP teams from the then 52 to the current 17 and it has not diverted the resources thus saved to district-based community development services. Moreover, according to the Policy Statement on Community Development drawn up by the Government in 2005, upon the termination of some NLCDPs, the resources thus saved will be deployed to finance other community projects having regard to community needs. Regarding the community development services subsidized and provided by the Government, will the Government inform this Council:
(1)
of the annual and cumulative total amounts of reductions in the funding allocation for NLCDPs since the Government started to reduce NLCDP teams at the end of 1995 (set out in a table); among those savings, the respective annual amounts and the cumulative total amounts spent on (i) subsidizing the Neighbourhood Mutual Help Programme and (ii) Care and Support Networking Team programme, and (iii) other service areas; and
(2)
of the number of occasions on which the authorities held the NGO Forum on Community Development in the past five years, and the details thereof?





Question 9
(For written reply)

(Translation)

Recovery and recycling of waste glass

Hon CHAN Hak-kan to ask:
Regarding the recovery and recycling of waste glass, will the Government inform this Council:
(1)
given that in response to some demonstrators recently making incendiary bombs by using waste glass bottles, the Government requested the glass management contractors ("GMCs") to temporarily suspend the waste glass container collection services starting from 16 November last year, of the quantity of waste glass disposed of at landfills from that day onward to 31 December last year, and how such quantity compares with that for the same period of the preceding year; whether it will improve the design of the recycling bins to prevent the waste glass bottles inside such bins from being stolen; if so, of the details; if not, the reasons for that;
(2)
whether it knows the respective monthly quantities of waste glass containers collected by GMCs in the catchment regions of (i) Hong Kong Island (including Islands District), (ii) New Territories and (iii) Kowloon, since the commencement of their respective contracts in November 2017 and May 2018 (set out in a table), as well as the relevant public expenditure;
(3)
of the recovery rate of waste glass containers, and the respective percentages of waste glass containers turned into the following recycled uses, in each of the past three years: (i) eco-pavers, (ii) eco-cement, (iii) fill materials and (iv) making of new glass products after export; whether the Government will explore new uses of waste glass so as to increase the outlets for waste glass containers; if so, of the details; if not, the reasons for that;
(4)
given that in response to some demonstrators' digging up bricks from pavements in recent months for blocking roads and hurling at police officers, the Highways Department will switch to using concrete as the paving material for some pavements, whether it has assessed how this move will affect the utilization rate of eco-pavers;
(5)
as the Environmental Protection Department ("EPD") is undertaking preparatory work for the implementation of the Producer Responsibility Scheme on glass beverage containers, of the latest implementation timetable for the Scheme, and whether the relevant preparatory work has been hindered due to the recent social disturbances;
(6)
of the number of organizations/companies, since EPD launched the Glass Container Recycling Charter ("the Charter") in January last year to invite the various sectors in the community to join hands in promoting glass container recovery, that have signed the Charter, as well as the effectiveness of the Charter; and
(7)
of the number of organizations currently subsidized by the Environment and Conservation Fund to undertake recycling of waste glass containers; the total amount of the relevant subsidies and the total quantity of waste glass recovered by them in each of the past three years; the quantity recovered since June last year, and whether it has been affected by the recent social disturbances; whether the Government has plans to continue subsidizing such organizations to undertake waste glass recovery work in the coming three years; if so, whether it will make adjustments to the subsidy arrangements?





Question 10
(For written reply)

(Translation)

Public markets in Tin Shui Wai

Dr Hon CHENG Chung-tai to ask:
The Government has planned to build a new public market on Tin Fuk Road at its section near Tin Shui Wai Station of the MTR West Rail Line. As it takes time to build the market, the Government will build a temporary market adjacent to Tin Sau Road Park in Tin Shui Wai North. Quite a number of residents in Tin Shui Wai North (including Tin Yat Estate, Tin Chak Estate and Tin Heng Estate) have pointed out that the site identified for the new market is located too far away from their residences. They therefore hope that the Government will retain, on a long-term basis, the existing Tin Sau Bazaar, and change the said temporary market to a permanent one, so as to facilitate their purchase of daily necessities. In this connection, will the Government inform this Council:
(1)
of the long-term uses designated by the Government for the two sites on which Tin Sau Bazaar and the temporary market is/will be located; and
(2)
whether it will consider retaining Tin Sau Bazaar on a long-term basis, and what factors it will take into account when making such a decision; of the circumstances under which the Government will consider changing the temporary market to a permanent one?





Question 11
(For written reply)

(Translation)

Persons from the Mainland and overseas coming to reside in Hong Kong

Hon Alvin YEUNG to ask:
Regarding the statistics on Mainland residents coming to Hong Kong for settlement on Permits for Proceeding to Hong Kong and Macao (commonly known as "One-way Permits")("OWPs") and persons coming on dependant visas to reside in Hong Kong, will the Government inform this Council:
(1)
of the number of Mainland residents who came to Hong Kong for settlement on OWPs in each of the past 10 years, and set out the breakdowns of such figures separately in Table 1 and Table 2 by (i) the gender and the age group to which they belonged at the time of entry to Hong Kong (i.e. aged 0 to 4, followed by groups covering 10 years each, and aged 65 or above), and (ii) their kinship with the Hong Kong residents concerned;
Table 1
Age groupGender20102011...2019
0 to 4Male    
Female    
5 to 14Male    
Female    
...     
55 to 64Male    
Female    
65 or aboveMale    
Female    
TotalMale    
Female    
Total    
Table 2
Entrants being the following relatives of the Hong Kong residents concerned20102011...2019
Fathers/mothers    
Spouses separated for 10 years or more    
Spouses separated for less than 10 years    
Children (holding Certificate of Entitlement)    
Children (not holding Certificate of Entitlement)    
Others (please specify)    
Total    
(2)
of the respective numbers of Mainland residents who had come to Hong Kong for settlement on OWPs being (i) refused entry when going through immigration clearance, and (ii) repatriated to the Mainland due to their loss of residence status in Hong Kong, in each of the past five years, and set out separately in two tables of the same format as Table 3 breakdowns of such figures by the gender and the age group (as set out in Table 1) to which they belonged at that time;
Table 3
Age groupGender20152016...2019
0 to 4Male    
Female    
5 to 14Male    
Female    
...     
55 to 64Male    
Female    
65 or aboveMale    
Female    
TotalMale    
Female    
Total    
(3)
of the number of persons from overseas, whose sponsors were Hong Kong permanent residents, entering Hong Kong on a dependant visa in each of the past 10 years, and set out the breakdowns of such figures separately in Table 4 (of the same format as Table 1) and Table 5 by (i) the gender and the age group to which they belonged upon entry to Hong Kong, and (ii) their kinship with their sponsors; and
Table 5
Entrants being the following relatives of their sponsors20102011...2019
Fathers/mothers    
Spouses    
Children    
Others (please specify)    
Total    
(4)
of the respective numbers of dependant visa applications from persons whose sponsors were Hong Kong permanent residents which were (i) received, (ii) approved and (iii) rejected in each of the past five years by the Immigration Department, and set out such figures and a breakdown of (iii) in Table 6?
Table 6
 20152016201720182019
(i) Number of applications received     
(ii) Number of applications approved     
(iii) Number of applications rejectedFailure to provide reasonable proof of a genuine relationship     
Having known adverse record     
Failure of the sponsor to meet the requirements for providing the dependent with accommodation and relevant living standard     
Others (please specify)     
Total     





Question 12
(For written reply)

(Translation)

Electric mobility devices and electric wheelchairs

Hon CHAN Han-pan to ask:
At present, electric unicycles, electric scooters, electric hoverboards and electric bicycles ("electric mobility devices") are all prohibited from being used on roads, but electric wheelchairs, which are regarded as medical devices, are not subject to that restriction. Earlier on, two persons died as a result of the traffic accidents that happened when they were using electric scooters on cycling tracks. In this connection, will the Government inform this Council:
(1)
whether it knows the number of electric mobility devices imported in each of the past three years, together with a breakdown of such number by type;
(2)
of the respective numbers of cases, in each of the past three years, in which the Police (i) issued advices to and (ii) instituted prosecutions against persons who used electric mobility devices illegally;
(3)
whether, at present, there are any public places in Hong Kong where members of the public may use electric mobility devices legally; if so, of their locations; if not, the reasons why the Government still allows the importation of such devices and their sale in Hong Kong; and
(4)
as some members of the public have relayed that electric wheelchairs travelling at high speed on pavements and pedestrian crossings might pose safety hazards to the wheelchair users concerned, pedestrians and drivers, whether the Government will review the existing regulation of electric wheelchairs, including conducting studies on (i) the introduction of a licensing regime and a mandatory third-party insurance to be taken out by electric wheelchair users, and (ii) the provision of assistance to such users in need in paying for the licence fees and insurance premiums concerned; if so, of the details and timetable; if not, the reasons for that?





Question 13
(For written reply)

(Translation)

Countermeasures against traffic chaos

Hon Vincent CHENG to ask:
Some members of the public have relayed that since the eruption of the disturbances arising from the opposition to the proposed legislative amendments in June last year, demonstrators have extensively vandalized railway and road facilities (including traffic lights, roadside railings and slab-paved pavements), causing traffic chaos and endangering the safety of drivers and pedestrians. In addition, while railway and bus services have often been immediately suspended due to demonstrations, members of the public have difficulty in gaining access to the latest traffic conditions and arrangements, causing great inconvenience to their travelling. In this connection, will the Government inform this Council:
(1)
in respect of the road facilities (including traffic lights, railings and pavement surfaces) vandalized in June last year or later, of (i) their quantity (and among them, the quantity of those facilities that were vandalized for more than once), (ii) progress of the repair works and (iii) the costs incurred by the repair works (with a tabulated breakdown by type of facilities and District Council district);
(2)
of the monthly numbers of traffic accidents in the past two years and the resultant casualties; the number of traffic accidents since June last year that occurred at signal-controlled junctions/pedestrian crossings where the damaged traffic lights had yet to be repaired at the time of the accidents, as well as the casualties caused by such accidents (with a tabulated breakdown by District Council district);
(3)
whether it reviewed last year the mechanism and channels for disseminating the latest traffic news to members of the public; if so, of the details; if not, the reasons for that; and
(4)
of the details of the temporary traffic safety measures (including the installation of temporary traffic lights and manual direction of traffic) taken by the authorities in the past six months at the locations where the traffic safety facilities had been damaged?





Question 14
(For written reply)

(Translation)

Guangdong Scheme and Fujian Scheme

Hon WONG Kwok-kin to ask:
Under the Guangdong Scheme ("GD Scheme") and the Fujian Scheme ("FJ Scheme") implemented by the Social Welfare Department ("SWD"), eligible Hong Kong elderly persons who have moved to reside in the Guangdong ("GD") and Fujian ("FJ") Provinces may receive a monthly Old Age Allowance ("OAA") without being required to return to Hong Kong each year. The Old Age Living Allowance ("OALA") has been extended to the two schemes from 1 January this year, and applications have been accepted since 1 November last year. SWD has appointed an implementation agent to assist in processing the OALA applications from those elderly persons who are currently receiving OAA under the two schemes but are unable to return to Hong Kong to complete the application procedure. Some of such elderly persons have indicated that as they have not yet received the review forms issued by the implementation agent, they are worried that they may not be able to start receiving OALA as scheduled. In this connection, will the Government inform this Council:
(1)
of the numbers of elderly persons, as estimated by the Government, who were eligible to apply for (i) Normal OALA and (ii) Higher OALA respectively under the two schemes at the time when it announced the extension of OALA to GD Scheme and FJ Scheme in October 2018;
(2)
of the number of eligible elderly persons who have applied for OALA under the two schemes since November last year, and the percentage of such number in the total number of Hong Kong elderly persons who have moved to reside in GD and FJ Provinces;
(3)
whether it knows (i) the respective numbers of review forms issued and collected by the implementation agent, as well as (ii) the number of cases in which the review forms have been lost in the mailing process that the implementation agent is aware of, since November last year;
(4)
of the to-date numbers of elderly persons who have, through the implementation agent, (i) applied for OALA and (ii) been granted OALA respectively; and
(5)
of the support currently provided by the implementation agent for those elderly persons who (i) have not received the review forms and (ii) have encountered problems in completing the review forms, and whether the agent has taken the initiative to contact those elderly persons who have not returned their review forms to follow up such cases; in respect of those elderly persons who, due to failure to receive the review forms in time or documentation errors/omissions, have been unable to start receiving OALA from 1 January this year, whether SWD will undertake, when approving their OALA applications in future, to exercise discretion to set the commencement date for receiving OALA retrospectively at 1 January this year, so as to ease the mind of the elderly persons?





Question 15
(For written reply)

(Translation)

Government service contracts

Hon Andrew WAN to ask:
The Government has issued internal guidelines encouraging government departments to adopt, when procuring service contracts which rely heavily on the engagement of non-skilled employees, a marking scheme comprising technical and price aspects in evaluating tenders. Under the new marking scheme which has been implemented since 1 April 2019, the technical weighting in marking has increased from the range of 30% to 40% in the past to the range of 50% to 70%, the price weighting in marking has decreased from the range of 60% to 70% to the range of 30% to 50%, and the weighting of wage level in the technical assessment must not be lower than 25%. Besides, the hourly wage of such employees must not be lower than the statutory minimum wage rate. Regarding government service contracts, will the Government inform this Council:
(1)
of the following details of the cleansing service and security service contracts awarded by the four major procuring government departments (namely, (i) Food and Environmental Hygiene Department, (ii) Leisure and Cultural Services Department, (iii) Government Property Agency and (iv) Housing Department) respectively in the previous two financial years and the current financial year (up to December 2019):
(A)
(a) the total number of contracts and, among them, the respective numbers of those awarded to (b) contractors with the lowest bids and (c) contractors with the lowest marks on wage levels (set out in tables of the same format as Table 1);
Table 1
Financial year:               
Number of contractsCleansing serviceSecurity serviceTotal
(i)(ii)(iii)(iv)Subtotal(i)(ii)(iii)(iv)Subtotal
(a)           
(b)           
(c)           
(B)
(a) the lower quartile, (b) the median and (c) the upper quartile hourly wages as pledged in the contracts (set out in tables of the same format as Table 2); and
Table 2
Financial year:               
Hourly wageCleansing serviceSecurity service
(i)(ii)(iii)(iv)(i)(ii)(iii)(iv)
(a)        
(b)        
(c)        
(C)
the number of non-skilled employees engaged, with a breakdown by the range of hourly wages as pledged in the contracts (i.e. (a) $34.5 or below, (b) $34.6 to $35.5, (c) $35.6 to $36.5, (d) $36.6 to $37.5, (e) $37.6 to $38.5, (f) $38.6 to $39.5, (g) $39.6 to $40.5, (h) $40.6 to $41.5, (i) $41.6 to $42.5, (j) $42.6 to $43.5, (k) $43.6 to $44.5, (l) $44.6 to $45.5, (m) $45.6 to $46.5, (n) $46.6 to $47.5, and (o) $47.6 or above) (rounded to the nearest $0.1) (set out in tables of the same format as Table 3);
Table 3
Financial year:               
Hourly wageCleansing serviceSecurity serviceTotal
(i)(ii)(iii)(iv)Subtotal(i)(ii)(iii)(iv)Subtotal
(a)           
...           
(o)           
Total           
(2)
of the number of non-skilled employees engaged by the contractors of the Housing Department in the current financial year (up to December 2019), and set out in Table 4 a breakdown by the type of service (i.e. (i) cleansing service and (ii) security service) and the range of hourly wages as pledged in the contracts (as mentioned in (1) (C) above);
Table 4
Type of serviceHourly wage
(a)...(o)
(i)   
(ii)   
Total   
(3)
of the details of the tendering exercises conducted by each of the aforesaid departments in the current financial year (up to December 2019) in respect of cleansing service and security service respectively, including the service districts, the effective dates of the new contracts, as well as the name of contractors and the contract value of new and old contracts respectively; and
(4)
whether it has reviewed the effectiveness of the new marking scheme in improving the employment terms of non-skilled employees; if so, of the criteria adopted for and the outcome of the review; if not, whether it will conduct such a review, as well as the relevant timetable?





Question 16
(For written reply)

(Translation)

Non-skilled employees engaged under government service contracts

Dr Hon Fernando CHEUNG to ask:
Regarding the statistics on the non-skilled employees engaged under government service contracts ("contracts"), will the Government inform this Council:
(1)
of the number of non-skilled employees, up to 31 December 2019, engaged by the service contractors ("contractors") of the four major procuring government departments (namely, (i) Food and Environmental Hygiene Department, (ii) Leisure and Cultural Services Department, (iii) Government Property Agency, and (iv) Housing Department), and set out in Table 1 a breakdown of such numbers by the type of service (i.e. (a) cleansing, (b) security and (c) others) and the range of hourly wages as pledged in the contracts;
Table 1
Type of serviceProcuring departmentRange of hourly wages pledged ($)Total
37.537.6 to 39.539.6 to 41.541.6 to 43.543.6 to 45.545.6 to 47.547.6 or more
(a)(i)        
(ii)        
(iii)        
(iv)        
Sub-total        
...         
All types(i)        
(ii)        
(iii)        
(iv)        
Total        
(2)
among the non-skilled employees engaged by the contractors of the aforesaid four departments up to 31 December 2019, of the number of those who were: (A) aged 65 or above, (B) engaged on a part-time basis, (C) entitled to 17 days of paid general holidays (other than Sundays), and (D) entitled to paid meal breaks, and set out in Table 2 a breakdown of such numbers by the aforesaid types of service;
Table 2
Type of serviceProcuring departmentNumber of employees
(A)(B)(C)(D)
(a)(i)    
(ii)    
(iii)    
(iv)    
Sub-total    
...     
All types(i)    
(ii)    
(iii)    
(iv)    
Total    
(3)
of (A) the number of cases of the contractors of the aforesaid four departments reporting to the Labour Department on injuries or deaths of non-skilled employees caused by accidents in the course of their employment, and (B) among such cases, the number of those in which the employers and employees failed to reach agreements on the compensation claims, in each of the past three years, and set out in Table 3 a breakdown of such numbers by the aforesaid types of service; and
Table 3
Type of serviceProcuring department201720182019
(A)(B)(A)(B)(A)(B)
(a)(i)      
(ii)      
(iii)      
(iv)      
Sub-total      
...       
All types(i)      
(ii)      
(iii)      
(iv)      
Total      
(4)
in respect of the work injury incidents mentioned in (3), of the respective numbers of (A) fatal cases and (B) cases involving sick leave lasting six weeks or more (set out in a table of the same format as Table 3)?





Question 17
(For written reply)

(Translation)

The scientific, reading and mathematical literacy of Hong Kong students

Hon CHEUNG Kwok-kwan to ask:
According to the study results of the "Programme for International Student Assessment 2018" released last month by the Organization for Economic Co-operation and Development, among the 79 countries or economies participating in the study, Hong Kong's 15-year-old students ranked fourth in both (i) mother tongue reading and (ii) mathematical literacy, dropping by two places as compared with the rankings in the last study, and kept the ranking of the ninth place in (iii) scientific literacy. Mainland and Macao students' scores in all of the aforesaid three literacy domains were higher than those of Hong Kong students (with Mainland students even achieving the highest scores), and Hong Kong students' scores in scientific and reading literacy hit a record low since 2006. In view of the aforesaid study results, quite a number of Hong Kong people are worried that Hong Kong students are gradually losing their competitiveness as their academic competence is declining and has been overtaken by their counterparts in neighbouring regions. In this connection, will the Government inform this Council:
(1)
given that Hong Kong students' scores in reading and scientific literacy both dropped and their scores in the aforesaid three literacy domains were all lower than those of their Mainland and Macao counterparts, how the Education Bureau ("EDB") interprets the aforesaid study results, and whether EDB has avoided the important and dwelt on the trivial in making the comment, in a press release it issued after the release of the aforesaid study results, that Hong Kong students' "performance in these three areas was significantly higher than the international level";
(2)
given that it has been more than four years since education on Science, Technology, Engineering and Mathematics ("STEM") was promoted in primary and secondary schools, whether EDB has studied the reasons why Hong Kong students' score in scientific literacy has dropped instead and hit a record low since 2006; if EDB has, of the details; whether EDB will review if the deployment and utilization of STEM education resources are appropriate and effective;
(3)
as some academics have pointed out that the drop in the score of Hong Kong students in scientific literacy may be related to the decrease in recent years in the number of senior secondary students taking the subjects of physics, biology and chemistry simultaneously, whether EDB will review the weighting of science subjects in the senior secondary curriculum, as well as the levels and contents of those subjects;
(4)
whether EDB will right away put in place effective measures to enhance local students' literacy in mathematics and science, and whether EDB will study and make reference to the merits of the education systems in Macao and the Mainland in order to improve Hong Kong's education system; and
(5)
of the new measures in place to promote a reading culture among Hong Kong youngsters so as to enhance their reading literacy?





Question 18
(For written reply)

(Translation)

Ascertaining the identity of journalists during public events

Hon Elizabeth QUAT to ask:
At present, there is no official organization in Hong Kong responsible for issuing press cards centrally. Various media organizations or associations issue press cards on their own, making it difficult for people to ascertain whether the cardholders are journalists. It has been reported that some people wearing press cards acted illegally (such as obstructing the Police's law enforcement operations, and even attempting to rescue persons who were being arrested by police officers) during the public meetings and processions held in recent months. In this connection, will the Government inform this Council:
(1)
whether it knows the total number of press cards issued by various media organizations or associations in each of the past three years, with a breakdown by name of organization or association;
(2)
whether it knows the mechanism adopted by various media organizations or associations for issuing press cards, including the professional requirements to be met and the ethical standards to be complied with by the applicants, as well as the related disciplinary mechanism;
(3)
of the measures (such as holding discussions on news covering arrangements with the media organizations or associations that issue press cards) put in place to prevent demonstrators from concealing their identity during public meetings and processions by disguising themselves as journalists, so as to wait for an opportunity to act illegally; and
(4)
given that online news media ("online media") are currently not subject to regulation, and anyone can claim themselves to be citizen journalists or journalists from certain online media, whether the Government will introduce legislation to give a definition of bona fide online media workers, to prevent demonstrators from concealing their identity during public meetings and processions by disguising themselves as online media workers, so as to wait for an opportunity to act illegally?





Question 19
(For written reply)

(Translation)

Washing of clothing which might have been contaminated by chemicals

Prof Hon Joseph LEE to ask:
Since June last year, the Police have used a total of some 16 000 tear gas canisters during public meetings and processions. Some online rumours have claimed that some frontline police officers took their uniforms and other clothing ("police clothing") worn at work to self-service laundries for washing. As such police clothing might have been stained with residues of chemicals from tear gas canisters, some members of the public are worried about their clothing washed at such laundries being contaminated. Regarding the washing of clothing which might have been contaminated by chemicals, will the Government inform this Council:
(1)
whether the Police have formulated guidelines on the decontamination and washing procedure for police clothing which might have been contaminated by chemicals;
(2)
whether the clothing of uniformed and plain-clothed police officers is required to be sent to designated laundries for washing; if so, of the locations of such laundries and their operation details; if not, the reasons for that;
(3)
whether the Police have, since 9 June last year, outsourced laundry work; if so, of the details, including the decontamination and washing procedure to be followed by the service contractors, as well as whether it is provided in such procedure that police clothing which might have been contaminated by chemicals must be handled separately from other clothing; and
(4)
given that on the evening of 17 November last year, the Police fired a number of tear gas canisters on Gascoigne Road adjacent to the Queen Elizabeth Hospital, whether the Police have liaised with the Hospital Authority afterwards for making special arrangements for washing the clothing in the hospital which might have been contaminated by chemicals?





Question 20
(For written reply)

(Translation)

Pilot schemes on elderly care service vouchers

Hon LEUNG Yiu-chung to ask:
The Social Welfare Department ("SWD") launched the First and the Second Phases of the Pilot Scheme on Community Care Service Voucher for the Elderly ("CCSV Pilot Scheme") in September 2013 and October 2016 respectively, as well as the Pilot Scheme on Residential Care Service Voucher for the Elderly ("RCSV Pilot Scheme") in March 2017. In this connection, will the Government inform this Council:
(1)
regarding the First and the Second Phases of the CCSV Pilot Scheme respectively, of the following information in each of the years in which they were implemented:
(i)
a breakdown of the number of service units by service type,
(ii)
number of day care service places,
(iii)
number of home care service places,
(iv)
number of concluded cases,
(v)
cumulative number of recipients of the Community Care Service Voucher ("CCSV"),
(vi)
number of CCSV users,
(vii)
number of persons who did not use any of the CCSVs issued to them,
(viii)
cumulative number of persons having left the Pilot Scheme, together with a breakdown by the major reason for their leaving the Scheme as far as SWD knows,
(ix)
monthly average amount of subsidies, and
(x)
administrative costs incurred by the Scheme;
(2)
of the following information on the RCSV Pilot Scheme in each of the past three years:
(i)
a breakdown of the number of service units by service type,
(ii)
number of service places,
(iii)
number of concluded cases,
(iv)
cumulative number of recipients of the Residential Care Service Voucher ("RCSV"),
(v)
number of RCSV users,
(vi)
number of persons who did not use any of the RCSVs issued to them,
(vii)
cumulative number of persons having left the Pilot Scheme, together with a breakdown by the major reason for their leaving the Scheme as far as SWD knows,
(viii)
monthly average amount of subsidies, and
(ix)
administrative costs incurred by the Scheme; and
(3)
given that SWD has commissioned consultants to review the effectiveness of the two Pilot Schemes, of the timetables of the review work, whether the approach of the reviews includes public engagement exercises, and whether the review reports will be made public; if not, of the reasons for that?





Question 21
(For written reply)

(Translation)

Allocation of funding to District Councils

Hon HUI Chi-fung to ask:
Regarding the allocation of funding by the Government to the various District Councils ("DCs") for implementing district minor works projects and community involvement projects, will the Government inform this Council:
(1)
of the respective amounts of funding allocated to each DC in respect of (i) district minor works projects and (ii) community involvement projects, in each of the past three financial years and in the current financial year (up to 31 December 2019);
(2)
whether the amounts of funding for the current financial year received by the various DCs have been revised subsequent to the conclusion of the 2019 District Council Ordinary Election; and
(3)
of the procedure and legal basis for determining and revising the amounts of funding receivable by the various DCs each year, the government departments involved in making the relevant decisions, and whether they are required to consult DCs and the Legislative Council prior to making such decisions?