Revised version

OP 95/96-11(1) (Issued at 11.00 a.m. on 11.12.95)

THE LEGISLATIVE COUNCIL
ORDER PAPER

Wednesday, 13 December 1995 at 2.30 p.m.



I. PAPERS

Subsidiary Legislation

L.N. NO.

1. Road Traffic (Public Service Vehicles) (Amendment) (No.5) Regulation 1995

562/95

2. Hong Kong Airport (Restricted Areas and Tenant Restricted Areas) Order

563/95

3. Road Traffic (Breath Analysing Instruments and Screening Devices) Notice

564/95

4. Toys and Children's Products Safety (Safety Standards) Notice

565/95

5. Official Languages (Authentic Chinese Text) (Road Tunnels (Government) Ordinance) Order

(C) 118/95

6. Official Languages (Authentic Chinese Text) (Tate's Cairn Tunnel Ordinance) Order

(C) 119/95

Sessional Papers 1995/96

The Secretary for Health and Welfare to present :

1. No. 37 - The Prince Philip Dental Hospital Hong Kong Report by the Board of Governors for the period 1 April 1994 - 31 March 1995

Mr. Ronald ARCULLI to present and to address the Council on :

2. No. 38 - Ocean Park Corporation

Annual Report 1994/95

The Secretary for Health and Welfare to present :

3. No. 39 - Emergency Relief Fund

Annual Report by the Trustee for the year ending on 31 March 1995

The Secretary for Health and Welfare to present :

4. No. 40 - Social Work Training Fund

Thirty-fourth Annual Report by the Trustee for the year ending on 31 March 1995

The Secretary for Home Affairs to present :

5. No. 41 - Chinese Temples Fund

Income and Expenditure Account with Balance Sheet and Certificate of the Director of Audit for the year ended 31 March 1995

The Secretary for Home Affairs to present :

6. No. 42 - General Chinese Charities Fund

Income and Expenditure Account with Balance Sheet and Certificate of the Director of Audit for the year ended 31 March 1995

The Secretary for Home Affairs to present :

7. No. 43 - Report of the Brewin Trust Fund Committee on the Administration of the Fund for the year ended 30 June 1995

The Secretary for Home Affairs to present :

8. No. 44 - Grantham Scholarships Fund

Income and Expenditure Account with Balance Sheet and Certificate of the Director of Audit for the year ended 31 August 1995

The Secretary for Health and Welfare to present :

9. No. 45 - Queen Elizabeth Foundation for the Mentally Handicapped

Report and Accounts 1994-95

The Secretary for the Treasury to present :

10. No. 46 - The Accounts of the Lotteries Fund 1994-95

The Chief Secretary to present :

11. No. 47 - Hong Kong Housing Authority

1994/95 Annual Report

The Chief Secretary to present :

12. No. 48 - Hong Kong Housing Authority

Annual Accounts for the year ended 31 March 1995 and Balance Sheet as at that date


II. QUESTIONS

1. Mr. IP Kwok-him to ask : (Translation)

According to the findings of the research conducted by the Education Department, it is more appropriate for about 70% of Form One students to receive education in their mother tongue, but there are only less than 100 secondary schools (which accounts for less than 20% of all the secondary schools in the territory) which have adopted mother tongue as the medium of teaching. In this connection, will the Government inform this Council:

  1. whether it has promoted the importance of teaching by mother tongue to parents of secondary school students; if so, what are the details, and what achievement it has made in this regard; and
  2. what plans does the Government have to make more schools accept and adopt teaching by mother tongue?

Public Officer to reply : Secretary for Education and Manpower

2. Mr. CHAN Wing-chan to ask : (Translation)

Will the Government inform this Council:

  1. whether merit payments are granted to senior executives of the Hospital Authority; if so, what are the criteria for granting such payments, which types of executives are eligible for receiving such payments, and what is the basis for determining the amount granted; and
  2. of the annual amount appropriated for such payments by the Hospital Authority over the past three years?

Public Officer to reply : Secretary for Health and Welfare

3. Mr. LEE Wing-tat to ask : (Translation)

As the Chief Executive (Designate) and principal officials (designate) ("team designate") will be appointed in 1996, will the Government inform this Council:

  1. what is the composition of the "team designate" as the Government understands it;
  2. whether, in regard to providing assistance to the Special Administrative Region (SAR) Government (Designate) in its work during the transition, the Government will provide assistance to the principal officials (designate), Executive Councillors (Designate) or the "team designate" as a whole in addition to providing assistance to the SAR Chief Executive (Designate);
  3. in what ways will such assistance be given; and
  4. whether the Government will urge the British Government to request the Chinese Government to state clearly that the secretariat consisting of a few hundred staff proposed to be set up by a member of the Preliminary Working Committee (PWC) to provide assistance to the Chief Executive (Designate) will not result in the existence of a "shadow government"; and whether the Government will request the British Government to clarify if the PWC's proposal contravenes section 4 of the Sino-British Joint Declaration?

Public Officer to reply : Secretary for Constitutional Affairs

4. Mr. Eric LI to ask : (Translation)

Since June 1994, the Government has implemented administrative measures to regulate property transactions and to curb property prices in order to enable families in need of a home to have the opportunity to purchase homes for the first time at relatively reasonable prices. In this connection, will the Government inform this Council:

  1. of the number of new residential flats completed between June 1994 and October this year;
  2. what is the number of flats for which transactions have been concluded during the above-mentioned period; whether there is information to show how many of the transactions are in respect of flats purchased by first-time home-buyers; and what is the average vacancy rate during the period in question; and
  3. whether the number of first-time home-buyers and the number of new residential flats referred to in the above-mentioned period have shown an increase when compared with the corresponding figures in each of the 3 years immediately before the implementation of the measures to regulate property transactions; if not, what are the reasons?

Public Officer to reply : Secretary for Housing

5. Mr. Andrew CHENG to ask : (Translation)

The Government indicated to this Council on 2 November 1995 that it would seek the views of interested parties and consult the Chinese side on the Broadcasting Bill (the Bill). In this connection, will the Government inform this Council:

  1. how it will go about seeking such views; whether it will conduct public consultations on major issues arising from the Bill, such as the restrictions on "cross media ownership" and the regulation of "interactive multimedia services"; and
  2. what progress has been made to date in its consultation with the Chinese side on the Bill; and what are the specific details of the consultation?

Public Officer to reply : Secretary for Recreation and Culture

*6. Miss Emily LAU to ask : (Translation)

It is learnt that three new posts have been created in the Office of the Political Adviser. In this connection, will the Government inform this Council:

  1. of the reasons for the creation of these new posts;
  2. of the salary scale and area of responsibilities of each of the posts; and
  3. from which departments the officials presently holding these posts were transferred and what posts did they hold in the departments concerned?

Public Officer to reply : Chief Secretary

* 7. Mr. Edward HO to ask : (Translation)

Since the middle of this year, the number of Chinese immigrants arriving daily in the territory for permanent residence has increased from 105 to 150 and many of these immigrants are school-age children. In this connection, will the Government inform this Council:

  1. whether, in the light of the increasing number of children (aged 6 to 12) from mainland China settling in the territory, the Education Department (ED) has made any assessment and coordination of their educational needs at various levels of schooling in the next 5 to 10 years; if so, what are the details of the assessment and coordination plan; if not, why not; and
  2. whether the ED has set up any task force to provide assistance and counselling to such children and their parents to cope with the difficulties the children may encounter in their studies?

Public Officer to reply : Secretary for Education and Manpower

* 8. Mr. CHOY Kan-pui to ask : (Translation)

At present, there are still a number of roads in the New Territories which were constructed by the Government many years ago and which have all the time been managed by the Government. These roads, which include Fan Kam Road, the Yuen Long Section of Lam Kam Road and Kam Tin Road, can no longer meet the current standards for highways nor can they cater for the needs of the rapid developments in the New Territories. In view of this, will the Government inform this Council:

  1. of the total number of such roads in the New Territories at present, together with their names and locations; and
  2. whether the Government has formulated a timetable for the reconstruction of these roads to meet the current road standards so as to ensure the safety of road users; if so, what are the respective dates for the commencement and completion of the reconstruction work; if not, why not?

Public Officer to reply : Secretary for Transport

* 9. Mrs. Selina CHOW to ask : (Translation)

It was reported that a member of the public recently had dialed "999" to report a bank robbery but only to receive the recorded reply "the line is busy". In view of this, will the Government inform this Council:

  1. of the average number of police communication personnel responsible for answering "999" calls and the average number of calls they have to handle per shift at present, and how do these figures compare with the corresponding figures in each of the past three years;
  2. of the total number of calls made to "999" to report crime which received the recorded reply "the line is busy" this year;
  3. of the average time currently taken for a call to "999" to be answered by the staff manning the number, and how does this figure compare with those of the past three years?

Public Officer to reply : Secretary for Security

*10. Mrs. Miriam LAU to ask :

The Matrimonial Causes (Amendment) Ordinance 1995 was passed by this Council on 17 May 1995 but it shall come into operation on a day to be appointed by the Secretary for Home Affairs by notice in the Gazette. Will the Government inform this Council of the reasons why, after a lapse of 6 months since its passage, the Ordinance has still not come into operation; and when it is expected that a notice will be published in the Gazette to bring the Ordinance into operation?

Public Officer to reply : Secretary for Home Affairs

*11. Mr. SIN Chung-kai to ask : (Translation)

As certain advertisements broadcast on television and radio, or carried in newspapers and magazines, contain incorrect or exaggerated information which misleads consumers, will the Government inform this Council:

  1. which government department is responsible for dealing with complaints about advertisements containing incorrect information and how such complaints are handled;
  2. of the number of complaints about advertisements containing incorrect information received by the department concerned, as well as the number of companies which have been prosecuted as a result of such complaints in the past three years; and
  3. what regulatory measures have the Government put in place to ensure that advertisements released through the mass media contain no misleading or incorrect information?

Public Officer to reply : Secretary for Recreation and Culture

*12. Mr. CHAN Kam-lam to ask : (Translation)

Will the Government inform this Council:

  1. of the number of accidents involving industrial and household glassware products and installations in the past three years; and
  2. whether it will consider introducing regulations to stipulate the safety standards for glassware products and to require manufacturers to specify on their products the types of glass used and the level of durability measured in an impact-test?

Public Officer to reply : Secretary for Trade and Industry

*13 Mr. Fred LI to ask : (Translation)

The ten-year redevelopment programme for Kwun Tong Town Centre proposed by the Land Development Corporation includes the relocation of the methadone clinic at the Town Centre to Tsui Ping Estate nearby. As methadone clinics often bring nuisance to the community in which they are located, will the Government inform this Council:

  1. whether it will consult local community groups and residents in this regard; if so, what are the details; if not, why not;
  2. whether the Government will make alternative arrangements to set up the methadone clinic further away from Tsui Ping Estate in view of the worsening drug abuse problem in that Estate; and
  3. what long-term and interim measures the Government has adopted to tackle the drug abuse problem in the neighbourhood of Tsui Ping Estate?

Public Officer to reply : Secretary for Security

*14. Dr. LAW Cheung-kwok to ask : (Translation)

Will the Government inform this Council:

  1. whether, in order to be eligible to apply for a licence to operate air services between Hong Kong and Taiwan, the China National Aviation Corporation (CNAC) has made a formal application to become an airline whose principal operation is based in the territory; if so, what factors the Government will take into consideration in determining whether a licence will be granted to CNAC to operate the route; if not, whether it will consider inviting CNAC to make such an application; and
  2. what share of the market does the Cathay Pacific Airways (CPA) have in providing air services between Hong Kong and Taiwan, and whether CPA has adopted any policy which is not in the interest of consumers?

Public Officer to reply : Secretary for Economic Services

*15. Mr. CHIM Pui-chung to ask : (Translation)

In regard to applications for search warrants by government departments, will the Government inform this Council:

  1. of the criteria on which the court's approval of an application for a search warrant filed by a government department is based and whether there is any system to keep this power in check;
  2. whether the court or the department which files the application will be held responsible in the event that the application is subsequently proved to be at fault or ultra vires;
  3. of the time normally taken for obtaining a search warrant; and
  4. if members of the public have objections to the contents of an application for a search warrant, to which department should they go to in order to raise their objections prior to the grant of the search warrant?

Public Officer to reply : Chief Secretary

*16. Mr. CHEUNG Man-kwong to ask : (Translation)

With regard to the purchase of air-tickets by the Government for civil servants on overseas duty visits and training, will the Government inform this Council:

  1. of its policy on purchasing such air-tickets;
  2. whether agreements have been made with any airlines for the purchase of air-tickets; if so, what are the details and why such agreements have been made;
  3. of the expenditure involved in purchasing such air-tickets during the past two years, together with a breakdown of the number of civil servants involved and their destinations;
  4. whether the Government has information to show that the adoption of its present policy on the purchase of such air-tickets, as compared with purchases made through travel agents or by other means, will result in a higher expenditure of public funds; if so, what are the reasons for continuing with the present policy; and
  5. whether consideration has been given to reviewing the present policy on the purchase of such air-tickets; if so, what are the details; if not, whether the Government will consider adopting other arrangements to purchase such air-tickets, such as placing orders with the airline charging the lowest fares or introducing other forms of competition?

Public Officer to reply : Secretary for the Civil Service

*17. Mr. Ambrose LAU to ask : (Translation)

Now that the Government is consulting the public on the feasibility of the Green Island Public Dump Scheme and that the removal of Hong Kong International Airport has been scheduled for 1998, will the Government inform this Council whether consideration will be given to transporting construction waste on the Hong Kong Island by land or by sea to the waters off the Airport and Kowloon Bay for dumping as an interim measure, as such a move will prepare that area for the future reclamation work on the one hand and allow more time for the public to study the policies relating to the Green Island reclamation on the other?

Public Officer to reply : Secretary for Planning, Environment and Lands

*18. Dr. Samuel WONG to ask :

The proportion of oxygen in the air in some urban districts is sometimes found to be as low as 10%, although the normal oxygen content in the air is about 20%. In such circumstances, people will have to inhale more air, and hence more pollutants, than normal in order to get the oxygen required. In this connection, will the Government inform this Council whether:

  1. the Government will consider releasing the multiplication factor of pollution intake in each district due to lower oxygen content along with the pollution indices now published daily by the Environmental Protection Department; and
  2. if the answer to (a) above is in the negative, whether the Government will consider taking such factor into account in determining the pollution indices?

Public Officer to reply : Secretary for Planning, Environment and Lands

*19. Dr. HUANG Chen-ya to ask : (Translation)

Will the Government inform this Council whether:

  1. the Securities and Futures Commission (SFC) will make a comparison between the profits predicted in the prospectuses of H share companies and the performance of these companies as published after the first year;
  2. the SFC has carried out investigations into companies which have recorded marked discrepancies between the predicted and actual profits; if so, what are the findings; and
  3. there are statutory provisions requiring merchant banks to be responsible for the accuracy of the information contained in prospectuses; if so, what are the liabilities of the merchant banks in the event that the particulars in the prospectuses are found to be incorrect, and what penalties will be imposed on them; if not, whether the Government will require merchant banks to assume responsibility, so as to reduce the chance of investors being misled?

Public Officer to reply : Secretary for Financial Services

* For written reply.


III. MOTIONS

1. EMPLOYEES' COMPENSATION ORDINANCE

Secretary for Education and Manpower:

(See Resolution at Annex I)

2. PNEUMOCONIOSIS (COMPENSATION) ORDINANCE

Secretary for Education and Manpower:

That, with effect from 1 January 1996, the Pneumoconiosis (Compensation) Ordinance be amended as follows -

  1. in the First Schedule -
    1. in paragraph 1 of Part II, by repealing "$2,100" and substituting "$2,570";
    2. in Part IV, by repealing "$3,500" and substituting "$4,050";
    3. in Part VI, by repealing "$12,000" and substituting "$14,000";
  2. in the Second Schedule, in paragraphs 1(b), 2(b) and 3 of Part I, by repealing "$120" and substituting $160".

3. STAMP DUTY ORDINANCE

Secretary for the Treasury:

That section 29I(1) of the Stamp Duty Ordinance be amended by repealing "31 December 1995" and substituting "31 December 1997".

Amendment to Secretary for the Treasury 's motion

Mr. Ronald ARCULLI :

To delete "31 December 1997" and to substitute "31 December 1996".


IV. PRIVATE MEMBER'S MOTIONS

1. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Dr. C.H. LEONG :

(See Resolution at Annex II)

2. LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) ORDINANCE

Mr. LAU Chin-shek :

That for the purposes of enquiring into the circumstances surrounding the recent labour disputes involving imported workers under the Special Labour Importation Scheme for the Airport Core Programme Projects and related issues, the Legislative Council Panel on Manpower be authorised under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance Cap 382 to exercise the powers conferred by section 9(1) of that Ordinance.

Public Officer to attend : Secretary for Education and Manpower

3. REDUCTION OF EMISSIONS FROM DIESEL VEHICLES

Mrs. Miriam LAU : (Translation)

That this Council supports that measures be taken to reduce emissions from diesel vehicles, but as both petrol and diesel vehicles attribute to air pollution and before it can be confirmed which one of the two types of vehicle is more environment-friendly, urges the Government to review the mandatory scheme of phasing out diesel vehicles of four tonnes or below in the consultation paper "Further Proposals to Reduce Emissions from Diesel Vehicles" and to replace the proposed scheme with incentive measures to attract owners of diesel vehicles to change to petrol vehicles on a voluntarily basis, as well as to expeditiously explore other measures which are more effective and generally accepted by the public, in order to improve the air quality in the territory.

Amendment to Mrs. Miriam LAU 's motion

Miss Christine LOH : (Translation)

To delete "but as both petrol and diesel vehicles attribute to air pollution and before it can be confirmed which one of the two types of vehicle is more environment-friendly," and substitute with "and"; to insert "public response to" after "the Administration to review"; to delete the word "mandatory"; to delete "replace" and substitute with "amend"; to delete "with incentive measures to attract owners of diesel vehicles to change to petrol vehicles on a voluntarily basis, as well as to expeditiously" and subsitute with "to make it as widely acceptable as possible to the public and owners of diesel vehicles, including reconsideration of the proposed principle of revenue neutrality by agreeing to plough back any possible revenue so acquired into health care development and, to continue to"; and to delete "which are more effective and generally accepted by the public,".

Public Officer to attend : Secretary for Planning, Environment and Lands

4. OLD AGE PENSION SCHEME

Mr. LEE Cheuk-yan : (Translation)

That, as the Mandatory Provident Fund Scheme to be implemented by the Government is not expected to meet the basic needs of the elderly immediately or within the next few decades, this Council urges the Government to expeditiously introduce the Old Age Pension Scheme, so as to safeguard the livelihood of 600 000 elderly persons after their retirement.

Public Officer to attend : Secretary for Education and Manpower


Last Updated on 29 July 1999