Minutes of the 2 Meeting of the Commerce, Industry and Housing

Minutes of the 2nd Meeting of the Commerce, Industry and Housing Committee (2020-2021) of the Tuen Mun District Council

Date ： 15 May 2020 (Friday) Time ： 2:30 p.m. Venue ： Tuen Mun District Council (“TMDC”) Conference Room

Present Time of Arrival Time of Departure Mr TSANG Chun-hing (Chairman) TMDC Member 2:30 p.m. End of meeting Mr CHOW Kai-lim (Vice Chairman) TMDC Member 2:30 p.m. End of meeting Ms CHAN Shu-ying, Josephine TMDC Chairman 2:41 p.m. End of meeting Ms KONG Fung-yi TMDC Member 2:30 p.m. End of meeting Ms WONG Lai-sheung, Catherine TMDC Member 2:32 p.m. End of meeting Ms HO Hang-mui TMDC Member 2:32 p.m. End of meeting Ms SO Ka-man TMDC Member 2:30 p.m. End of meeting Mr YEUNG Chi-hang TMDC Member 2:30 p.m. End of meeting Mr MO Kwan-tai, Michael TMDC Member 2:38 p.m. End of meeting Mr HO Kwok-ho TMDC Member 2:30 p.m. End of meeting Mr LAM Ming-yan TMDC Member 2:30 p.m. End of meeting Mr LAM Kin-cheung TMDC Member 2:30 p.m. End of meeting Mr MA Kee TMDC Member 2:30 p.m. End of meeting Mr CHEUNG Kam-hung, Kenneth TMDC Member 2:30 p.m. End of meeting Mr LEUNG Ho-man TMDC Member 2:30 p.m. End of meeting Mr YAN Pui-lam TMDC Member 2:30 p.m. End of meeting Mr POON Chi-kin TMDC Member 2:49 p.m. End of meeting Mr LAI Chun-wing, Alfred TMDC Member 2:30 p.m. End of meeting Mr LO Chun-yu TMDC Member 2:42 p.m. End of meeting Ms LAI Ka-man TMDC Member 2:30 p.m. End of meeting Mr FUNG Ying-chee, Derek (Secretary) Executive Officer (District Council) 3, Tuen Mun District Office, Home Affairs Department

By Invitation Mr FUNG Ka-wai Senior Engineer/Project Management 4, Drainage Services Department Mr LEE Chi-ho, Michael Engineer/Project Management 14, Drainage Services Department Mr LEUNG Tsz-kit, Leo Assistant Environmental Protection Officer (Sewerage Infrastructure)11, Environmental Protection Department Mr Tony LAU Project Manager, Black & Veatch Hong Kong Limited Ms Fion NG Project Engineer, Black & Veatch Hong Kong Limited Mr KONG Tung-ming Traffic Consultant, Black & Veatch Hong Kong Limited

In Attendance Mr CHEUNG Ho-sum TMDC Member Ms TSUI Man-yee, Joanna Assistant District Officer (Tuen Mun)1, Home Affairs Department Mr LEE Kit-wai Senior Inspector of Works, Home Affairs Department Ms CHOW Tsuen-ming, Anita Liaison Officer i/c Building Management & Town Centre, Tuen Mun District Office, Home Affairs Department Mr LIU Wai-hung, Derek Senior Building Surveyor/E5, Buildings Department Mr CHAN Yuen-heng, Jason Engineer/15 (West), Civil Engineering and Development Department Mr CHAN Pui-shing, Michael Engineer/Tuen Mun 4, Drainage Services Department Mr LI Wai-lok Assistant Divisional Officer (Acting) / Station Commander, Castle Peak Bay and Tai Lam Chung Fire Station, Fire Services Department Ms CHUI Mei-ying Housing Manager/Tuen Mun 4, Housing Department Mr HO Chik-tung, Dennis Labour Officer (Workplace Consultation Promotion), Labour Department Mr TAM Kwok-leung Administrative Assistant/Lands (District Lands Office, Tuen Mun), Lands Department Ms HO Yuen-ching, Jessica Senior Town Planner/Tuen Mun1, Planning Department Mr YIP Lam-fung Engineer/New Territories West (Distribution 2), Water Supplies Department Mr TSAO Chin-kiu, Isaac Project Coordinator/Design 3, Water Supplies Department

Absent Mr TSANG Kam-wing TMDC Member

Action I. Opening Remarks The Chairman welcomed all present to the 2nd meeting of the Commerce, Industry and Housing Committee (“CIHC”).

2. The Chairman said that to shorten the time of large gatherings of people in a confined space, he would strive to conclude the meeting before 4:30 p.m. Therefore, he asked all present to keep their speeches concise and avoid repetitive comments.

3. The Chairman reminded that Members who were aware of their personal interests in any matters discussed at the meeting should declare the interests before the discussion. The Chairman would, in accordance with Order 38(12) of the Tuen Mun District Council Standing Orders (“Standing Orders”), decide whether the Members who had declared interests might speak or vote on the matters, might remain at the meeting as observers, or should withdraw from the meeting. All cases of declaration of interests would be recorded in the minutes of the meeting.

II. Absence from Meeting 4. The Secretariat had not received any applications for leave of absence.

III. Confirmation of Minutes of Last Meeting 5. The minutes of the 1st meeting of the CIHC (2020-2021) were confirmed unanimously.

IV. Matters Arising (A) Redevelopment Plan and Timetable for Housing Estates in Tuen Mun District (CIHC Paper No. 6/2020) (Paragraphs 58-69 of the Minutes of the 1st Meeting of the CIHC (2020-2021)) 6. The Chairman said that at the 1st CIHC meeting on 20 March, the Housing Department’s (“HD”) representative had promised to pass Members’ enquiries to the Planning Section and reply in writing in due course. Also, the CIHC had decided to write to the HD to enquire about the criteria for redeveloping public rental housing in Tuen Mun and the progress of the relevant assessment. The letter had been sent on 5 May and the HD’s written response was annexed to the

Action minutes of the first meeting for Members’ reference.

7. Ms CHUI Mei-ying of the HD said that apart from the written response, the department had nothing further to add. Members had no other comments or enquiries about the matter.

V. Discussion Items (A) Rehabilitation of Underground Sewers and Stormwater Drains – Remaining Works (CIHC Paper No. 9/2020) 8. The Chairman welcomed Mr FUNG Ka-wai, Senior Engineer/Project Management 4, Mr Michael LEE, Engineer/Project Management 14, of the Drainage Services Department (“DSD”), Mr Leo LEUNG, Assistant Environmental Protection Officer (Sewerage Infrastructure)11 of the Environmental Protection Department (“EPD”), Mr Tony LAU, Project Manager, Ms Fion NG, Project Engineer, and Mr KONG Tung-ming, Traffic Consultant, of Black & Veatch Hong Kong Limited (“the consultancy”), to the meeting.

9. Mr FUNG Ka-wai of the DSD and Mr Tony LAU of the consultancy gave a PowerPoint presentation (Annex 1) and played a video clip to brief the meeting about the captioned paper.

10. A Member was worried that lighting might cause disturbance to residents nearby as the works would mostly be carried out at night, so she questioned whether there would be any mitigation measures in place. She also asked if there would be any measures against the bad odour of the sewers.

11. Mr Tony LAU of the consultancy said that since the works would mainly be carried out underground and lights would be directed downwards, disturbance to the residents nearby could be minimised by proper control of the light source and illumination angle. On the odour problem, workers would conduct assessment in the course of the works. If bad odour was detected from a manhole near residential buildings, ventilation equipment would be set up for diversion and chemical deodorisers might also be applied as mitigation. Moreover, to minimise the impact of the works, community liaison officers would discuss works arrangements with stakeholders and Members of the respective constituencies before the works commenced.

Action 12. Members’ second round of comments and enquiries on the matter are summarised as follows: (i) A Member expressed concern about the duration of the works since similar works around Pui To Road had not been completed even after almost two years. He also asked if the next stage of the works would entail repeated excavation at the same spot;

(ii) A Member said that the works would mostly be carried out at Castle Peak Road – Castle Peak Bay Section, where road widening works were expected to commence at the end of 2020. Since the two construction sites were close by, he asked whether the DSD would coordinate with the Highways Department (“HyD”) and arrange for the works to be carried out concurrently to reduce the impact on road traffic;

(iii) A Member noted that the works would be carried out at several locations on Lung Mun Road, where trunk sewerage rehabilitation works had commenced in the previous year to replace the entire sewer pipe. Therefore, he asked why it was still necessary to conduct the captioned works on that road. Moreover, since rehabilitation works of a smaller scale were often conducted on pavements, he asked whether the DSD would try that approach first; and

(iv) A Member said that apart from the works at the road section opposite Immigration Service Institute of Training and Development, the rehabilitation works at the road section opposite Sam Shing Estate would also take place at the same time as the widening works for Castle Peak Road – Castle Peak Bay Section. Therefore, he suggested that the DSD coordinate with the HyD to complete the sewer rehabilitation works before the widening works commenced. Also, he enquired when the captioned works would be completed and whether preliminary investigation work would be carried out to avoid delays caused by unexpected technical problems.

13. Mr FUNG Ka-wai of the DSD said that the public works project covered underground sewers in 12 districts with a total length of over 20 kilometres. The whole project would take about 46 months and the time needed for individual locations within the district depended on the length of the sewer pipe

Action to be repaired and the construction method. While shaft excavation might require partial road closure for a few months, other works would be easier using the existing manholes. Moreover, when making arrangements and carrying out the works, the department would maintain close communication with Members of the respective constituencies about the timetable and details of the works.

14. Mr Tony LAU of the consultancy said that the duration of works at different locations varied from a few weeks to a few months, so there was greater flexibility in coordinating the works timetable with other departments to minimise the impact on residents. Regarding the preliminary investigation work, since the rehabilitation works aimed to restore the existing sewers and there was no need to lay new pipes in general, it was unlikely that the works would be hindered by underground obstacles. He added that the ongoing works at Lung Mun Road were to repair the trunk sewerage while the captioned works would rehabilitate stormwater drains, so the two projects were different in nature. Also, the consultancy would coordinate the two projects to avoid repeated excavation.

15. Mr FUNG Ka-wai of the DSD said that the excavation works mentioned by the Members were not related to the first stage of the captioned works, which only involved the placement of rehabilitative liners via the existing manholes at Pui To Road.

16. Members’ third round of comments and enquiries on the matter are summarised as follows: (i) A Member said that the construction site at Mei Lok Lane was very near residential buildings and the road was very narrow. As regards the captioned works, he pointed out that the relevant department had never discussed the works arrangements with him and enquired about the latest development;

(ii) A Member said that many pavements in Tuen Mun had had their paving blocks glued together and asked how it would affect the captioned works. Concerned about the noise disturbance caused by nighttime works to residents nearby, he asked whether there would be noise mitigation measures other than erecting movable noise barriers; and

Action (iii) A Member asked whether the capacity of the drains would increase after the completion of the works.

17. Mr Tony LAU of the consultancy said that the design stage was still underway and tender work would begin after consulting the TMDC and receiving funding from the Legislative Council. After the engagement of a contractor and the formulation of the actual works timetable, resident site staff would discuss the construction method and working hours with stakeholders and Members. He added that the main approach of the works was to make use of the existing manholes as well as excavate road surfaces with machinery, so the works would hardly be affected by the application of glue to paving blocks. Furthermore, since noise generated by nighttime excavation might affect residents nearby, the consultancy would communicate with the stakeholders to explore different noise mitigation measures when making work arrangements. Instead of widening the sewer pipes, the works would smooth their inner surface and clear blockage, thereby improving drainage performance.

18. A Member expressed concern about the construction period. He was worried that traffic congestion might worsen if the captioned works commenced before the widening works for Castle Peak Road – Castle Peak Bay Section were completed. Therefore, he suggested that the DSD and the HyD arrange for the two projects to be carried out concurrently.

19. Mr Tony LAU of the consultancy said that in view of the special circumstances of the works, the DSD had already conducted a traffic impact assessment and submitted it to relevant departments for approval. The consultancy concurred that it would be best to carry out the captioned works and the widening works concurrently. After the contractor was engaged and the works timetable was available, resident site staff would coordinate with the HyD and communicate with the stakeholders on the arrangements.

20. A Member asked whether the DSD had any plans to increase the drainage capacity of the drains in Tuen Mun.

21. Mr FUNG Ka-wai of the DSD said that the purpose of the captioned works was to rehabilitate the existing sewers with high risks of structural failure, not to increase drainage capacity. Nevertheless, rehabilitated sewers would

Action function better and drainage performance might thus improve.

22. The Chairman asked the DSD to minimise the impact on residents by maintaining communication with Members of the respective constituencies and the stakeholders about the preliminary consultation of the captioned works, impacts on residents and the works timetable.

VI. Reporting Items (A) Report by the Buildings Department (CIHC Paper No. 10/2020) 23. Members noted the content of the above work report.

(B) Work Report on Private Building Management in the Tuen Mun District (CIHC Paper No. 11/2020) 24. Members noted the content of the above work report.

(C) Progress Report of Local Public Works and Rural Public Works as at April 2020 (CIHC Paper No. 12/2020) 25. A Member said that while the status of “Improvement Works to Access Road at Fuk Hang Tsuen Lane, Fuk Hang Tsuen, Tuen Mun” was marked as ongoing in the captioned paper, he and other Members had passed that location many times and had not seen any works underway. Therefore, he enquired about the progress of the works.

26. Mr LEE Kit-wai of the Home Affairs Department (“HAD”) said that the works had almost been completed in late April.

27. A Member enquired about the progress of “Term Contract for Works to Improve Environmental Hygiene of Villages in Tuen Mun East and Tai Lam Chung (2019-2020)”.

28. Mr LEE Kit-wai of the HAD said that the project was carried out in the form of a term contract. The scope of work included cutting grass, clearing drains, cleaning and carrying out miscellaneous repairs in the relevant rural areas on a regular basis.

Action 29. On “Improvement Works to Signs in Tuen Mun Villages”, a Member asked about the number of signs whose works were in progress and the number of signs whose works had not started yet. He also enquired about the progress of “Improvement Works to Drains near the Public Toilet in So Kwun Wat Area 2, Tuen Mun”.

30. On “Improvement Works to Signs in Tuen Mun Villages”, Mr LEE Kit-wai of the HAD replied that the contractor had ordered new signs earlier but they failed to be delivered due to the epidemic, causing a delay in the commencement of the works. The works involved a total of 52 signs and the HAD was working with the contractor to follow up on the progress. The “Improvement Works to Drains near the Public Toilet in So Kwun Wat Area 2, Tuen Mun” were almost finished and expected to be fully completed by late May or early June. He could follow up with Members of the respective constituencies after the meeting.

31. A Member asked when the “Construction of Pai Lau in Kei Lun Wai, Tuen Mun” was expected to be completed.

32. Mr LEE Kit-wai of the HAD replied that the site formation works had been completed for the project. Since tree roots had been found at the construction site, the HAD planned to adjust the location of the Pai Lau and the works were expected to be completed by the end of 2020.

33. A Member enquired about the progress of “Improvement Works to Carriageways on Tsing Yick Road and Mak Yuen Wai Road” and asked whether two-lane traffic would be implemented after completion of the works.

34. Mr LEE Kit-wai of the HAD replied that the purpose of the works was to repair the existing road surface, not to increase the capacity of the roads. He added that the works were expected to be completed by the fourth quarter of 2020.

35. A Member asked about the progress of the construction of a Pai Lau for So Kwun Wat Tsuen.

36. Mr LEE Kit-wai of the HAD replied that he would find out the location of

Action the proposed Pai Lau and take follow-up action after the meeting.

37. A Member asked about the progress of “Improvement Works to Walkway and Drains near Phase 1, Kam Fung Garden, Nai Wai, Tuen Mun”.

38. Mr LEE Kit-wai of the HAD replied that the works were almost completed.

39. Members noted the content of the above report.

(D) Progress Report of Water Main Laying Works in Tuen Mun District by WSD (as at 30 April) (CIHC Paper No. 13/2020) 40. A Member said that item 2 (the works at “the section of Lung Mun Road between Butterfly Stop and Tuen Tsing Lane (Stage 2)”) only saw a 5% progress since its commencement in December 2019, but the Water Services Department (“WSD”) estimated that it could be completed by the third quarter of 2020. Therefore, she was concerned whether the works could finish according to schedule. Also, she asked if item 8 (the works at “Tuen Tsing Lane”) and item 2 were related.

41. Mr Issac TSAO of the WSD said that the approach of item 2 was to make use of shafts without having to excavate a trench. All water mains had been laid earlier and they would be connected to the existing water supply system in the remaining part of the works. Project completion was expected to be on schedule. Item 2 and item 8 were not related as the purpose of the latter was to replace a fresh water main. For item 8, since the current part of the works involved the laying of water mains at a road junction beside an MTR station, the department was discussing the rest of the works arrangements with the MTR Corporation.

42. Members’ second round of comments and enquiries on the matter are summarised as follows: (i) A Member said that the completion date of item 1 (the works “from Lung Mun Road to Wu Chui Road and from Wu Chui Road to Mei Lok Lane (Stage 1)”) had been pushed back several times, so he questioned when it would really be completed. He also enquired about the progress of

Action item 2. Furthermore, he learnt that the third stage of the water main laying works at Lung Mun Road had not commenced yet, but traffic would become busier after the commissioning of the Northern Connection of the Tuen Mun – Chek Lap Kok Link (“TM-CLKL”). Therefore, he suggested that the WSD and the HyD discuss the traffic arrangements for the works;

(ii) A Member asked why the progress of item 2 shown in the captioned paper was different from what the WSD’s representative had said earlier; and

(iii) A Member enquired about the progress of item 6 (the works at “Pui To Road”).

43. Referring to item 1, Mr Issac TSAO of the WSD said that the department was preparing for the final stage of the repair works and coordinating the salt water supply. The works were expected to commence in early June and be completed in August. For item 2, the 5% progress shown in the captioned paper represented the completion of the shaft in late April and water mains had been laid at a daily average of about 30 metres since then. Therefore, the works were 80% completed so far. For item 6, the excavation of about 30 metres revealed that soil and big rocks were mingling. To protect the structure of the mains and ensure the safety of the workers, the works would be delayed. On Stage 3 of the water mains works at Lung Mun Road, the WSD would discuss the works arrangements with the HyD in light of the commissioning of the TM-CLKL to reduce the impact on traffic.

44. The Chairman said he understood that the works progress was affected by various factors. He asked the WSD to maintain communication with Members and government departments concerned to give residents a clear account of the details.

45. Members noted the content of the above report.

(E) Drainage Services Department’s Progress Report (CIHC Paper No. 14/2020) 46. Members’ comments and enquiries on the matter are summarised as follows:

Action (i) On item 3 (“Dredging Works at Fish Wholesales Market and Tuen Mun Typhoon Shelter in Area 44”), a Member asked when the works vessels would leave the typhoon shelter since the fishing moratorium was underway and the dredging works had been completed;

(ii) Referring to the nullah between Nai Wai bus stop and Fuk Hang Tsuen bus stop, a Member said that the weeds on its sides had been trimmed earlier but its water quality had not improved. Therefore, he asked when the DSD would take improvement measures. He added that people had seen snakes after weed trimming and asked what the DSD would do when a snake was discovered. Moreover, he asked whether clearing sediments in the drains was considered improvement works and demanded that the DSD report on the progress of such work;

(iii) A Member asked the DSD to report on the progress of improving the water quality of stormwater drains and sewers at Fuk Hang Tsuen near Fu Hang Stream;

(iv) A Member pointed out that the odour problem of Tuen Mun River was serious. While the Consultancy Study on the Revitalisation of Water Bodies released by the DSD in 2018 mentioned that the middle part of Tuen Mun River had potential for development and revitalisaiton, no further action had been taken, so he asked the DSD for more information. He also asked how often the DSD dredged sediments from Tuen Mun River. Moreover, he asked whether the DSD had any countermeasures against the illegal discharge of wastewater from the industrial area since it was one of the main causes of the bad odour of Tuen Mun River; and

(v) A Member said that according to the captioned paper, the dredging works at the river section between Wong Chu Road and Pui To Road had been completed in 2012. Therefore, he questioned whether any dredging works had been conducted at that location since then.

47. Mr Michael CHAN of the DSD said that the department dredged sediments from the section of Tuen Mun River between Pui To Road and Siu Hong MTR Station three times a year. Sediments from the river section north of Pui To Road would be transported on bulldozers at low tide while those from the river section

Action south of Pui To Road near the typhoon shelter would be cleared by the Civil Engineering and Development Department (“CEDD”). On the discharge of wastewater from the industrial area, the DSD would work with the EPD to follow up on the odour problem and illegal connection of sewers. Moreover, the department would carry out weed trimming work on a regular basis and monitor the water quality of the relevant sewers. He added that frontline staff had been reminded to watch out for snakes, mosquitoes and pests and use personal protective equipment as appropriate.

48. Mr Jason CHAN of the CEDD said that the dredging works at Fish Wholesales Market and Tuen Mun Typhoon Shelter in Area 44 had been completed about two weeks earlier. The department would provide supplementary information about the progress of sediment clearance at the river section south of Pui To Road after the meeting.

[Post-meeting note from the CEDD: The department has all along assisted the DSD in carrying out dredging maintenance works in the lower stream of Tuen Mun River (i.e. the section between Tuen Mun MTR Station and the river mouth) to ensure the river is free from blockage. The CEDD measures the depth of the river on a regular basis to monitor the level of the riverbed. If the level of the riverbed raises concern about flood resilience, the department will conduct preliminary work for dredging (such as running tests on riverbed sediments) and carry out dredging works on the river section concerned after obtaining consent from relevant departments. In view of the riverbed level in 2018, the department has conducted dredging works at the river section between Tuen Yee Street and Yau Oi Bridge and the works were completed in March 2020. According to the timetable, the CEDD will measure the depth of Tuen Mun River in the second half of 2020 and arrange dredging works if necessary.]

49. Members’ second round of comments and enquiries on the matter are summarised as follows: (i) A Member asked when the works vessels would leave the typhoon shelter;

(ii) A Member requested that the CEDD clear sediments once a year; and

(iii) A Member pointed out that since September 2019, grass cutting had only been carried out at one or two drains in his constituency and water quality

Action had not improved. Therefore, he asked the DSD to provide a timetable for clearing drains.

50. Mr Michael CHAN of the DSD said that the department would contact the Member concerned about the timetable for clearing individual drains after the meeting.

51. Mr Jason CHAN of the CEDD said that he would contact the Member concerned about the arrangements for the works vessels in the typhoon shelter after the meeting.

[Post-meeting note from the CEDD: The department completed the first stage of the dredging works at Tuen Mun Typhoon Shelter on 29 April and the works vessels left on the same day. The CEDD is planning the second stage of the dredging works, which is expected to commence in August at the earliest and be completed in the first half of 2021.]

52. The Chairman asked the CEDD to respond in regard to the timetable for clearing sediments at the river section between Wong Chu Road and Pui To Road.

53. Mr Jason CHAN of the CEDD said that the department would provide more information after the meeting.

[Post-meeting note from the CEDD: Please refer to the post-meeting note in paragraph 48.]

54. Members’ third round of comments and enquiries on the matter are summarised as follows: (i) A Member demanded that the DSD report on the progress of the Consultancy Study on the Revitalisation of Water Bodies. Also, he suggested inviting representatives from the EPD to respond to the captioned paper at the next meeting;

(ii) A Member asked whether dredging works had not been conducted at the river section between Wong Chu Road and Pui To Road after 2012 and pointed out that the odour problem was particularly serious at several

Action locations along the river section between Pui To Road and Siu Hong MTR Station, including the area opposite the hotel, Choy Yee Bridge and the Riverside Park near Siu Hong MTR Station. She noticed that wastewater with white foam had been discharged into Tuen Mun River and asked whether the situation should be reported to the EPD immediately. Furthermore, she demanded that the authorities increase the frequency of dredging works at Tuen Mun River each year and asked whether the DSD had explored ways other than dredging to tackle the odour problem;

(iii) A Member pointed out that department representatives had responded to various problems by saying that they would provide more information after the meeting. That way, their responses would not be noted down in the minutes. Therefore, she requested that their replies be included in the minutes in the form of post-meeting notes; and

(iv) A Member noted that Tuen Mun River was managed by various government departments. The CEDD and the DSD were responsible for the dredging works south of and north of Pui To Bridge respectively. The CEDD carried out the works three times a year while the DSD did not have a fixed schedule. She asked the CEDD to consider conducting the dredging works more frequently. She also pointed out that the EPD would submit a report on the water quality of Tuen Mun River to the Environmental Hygiene, Climate Change and Sustainable Development Committee (“EHCCSDC”), so it was difficult to tell whether the DSD or the EPD was responsible for the water quality problem. She added that previous investigations conducted by the EPD had revealed that one of the main causes of the bad odour of Tuen Mun River was illegal discharge of wastewater and the situation was particularly serious at Siu Hong. Therefore, she hoped that the departments would work together to tackle this problem.

55. The Chairman said that the CIHC would write to the relevant departments and ask them to respond to Members’ concerns so as to give residents a better understanding of the situation. Also, he encouraged Members to submit papers to the CIHC for discussion so that government departments could send representatives to the meeting as appropriate.

Action 56. Mr Michael CHAN of the DSD said that the department was reviewing the study about revitalising the middle part of Tuen Mun River and would contact the Members concerned about the recent progress after the meeting. He added that the dredging works at the river section between Pui To Road and Siu Hong MTR Station were undertaken by the DSD. Due to safety reasons, such works could only be conducted when the water level was low. The DSD conducted such works about three times a year and would consider doing it once more depending on the situation. He would leave matters related to illegal discharge of wastewater and the white pollutants found south of Choy Yee Bridge to the EPD.

57. A Member asked whether the EPD would look into cases of illegal discharge of wastewater proactively or it would only act upon the receipt of a report, and enquired about the number of past prosecutions.

58. The Chairman said that the EPD did not have a regular representative at CIHC meetings. The representative at the current meeting was only responsible for briefing Members on the discussion paper “Rehabilitation of Underground Sewers and Stormwater Drains – Remaining Works”. Therefore, the problem of water quality in rural areas might have to be followed up at EHCCSDC meetings.

59. A Member asked the DSD whether there were ways other than dredging to tackle the odour problem.

60. Mr Michael CHAN of the DSD said that he had to consult other sections of the department before he could answer that question.

61. The Chairman said that the CIHC would write to the departments Secretariat concerned for enquiry. Also, to improve the efficiency of the meeting, he suggested that Members submit discussion papers in advance so that government department representatives could make early preparation.

[Post-meeting note: The above letters were sent on 7 July. The DSD’s response is set out in Annex 2.]

62. Members noted the content of the above report.

Action VII. Any Other Business and Date of Next Meeting (A) Nominations for Selection Panel (Mandatory Building Inspection Scheme and Mandatory Window Inspection Scheme) 63. The Chairman said that the Buildings Department had invited the TMDC to nominate a DC Member to become a member of the Selection Panel (Mandatory Building Inspection Scheme and Mandatory Window Inspection Scheme) and advise the Independent Checking Unit on the selection of target buildings nominated for the above schemes. With the formation of the new-term TMDC, the Buildings Department asked the current-term TMDC to nominate a Member to join the Selection Panel again. He asked Members to express their views.

64. Ms Catherine WONG nominated the Chairman to join the Selection Panel Secretariat and the nomination was seconded by Mr LEUNG Ho-man, Mr YAN Pui-lam, Mr LO Chun-yu and Mr POON Chi-kin. The Chairman accepted the nomination. Since there were no other nominations, the Chairman announced that he would join the Selection Panel. He asked the Secretariat to send a reply to the Buildings Department.

(B) Statistics on Estate Management 65. A Member said that the HD used to submit progress reports and annual work plans to the CIHC on a regular basis and asked whether the department would continue to do so.

66. Ms CHUI Mei-ying of the HD said that the department submitted an outline for management work to the CIHC annually and plans for maintenance and environment improvement works were included. She added that Members who wished to know more about the progress of maintenance projects or works at individual estates could contact respective estate management offices or the HD’s representatives at respective Area Committees any time.

67. The Chairman said that the HD used to submit an annual work plan to the CIHC. Also, in the previous meeting, the department had been asked to submit statistics on estate management to the CIHC on a regular basis.

68. Ms CHUI Mei-ying of the HD said that Members could learn more about the progress of estate maintenance at meetings of Area Committees where the

Action department would give regular reports. Since Members had asked for statistics on estate affairs at the previous meeting, relevant information was included in the minutes of the last meeting. The department would count the number of enquiries of the past two months and submit the information before the next CIHC meeting. Other statistics could be obtained from the HD’s representatives at respective Area Committees.

69. The Chairman concluded that Members wished to know more about the statistics on estate management and suggested that the HD submit them to the CIHC on a regular basis in the form of a routine report.

(C) Matters Related to Woking Groups under the CIHC 70. The Chairman quoted the HAD as saying that the terms of reference for the Working Group on Labour Rights and Interests were incompatible with the second item of the terms of reference for the CIHC, which was “to advise on the codes of industry and commerce, occupational safety and health protection, and labour legislation and policies”. Since the words “labour rights and interests” were not included, the HAD suggested that the working group be renamed “Working Group on Safe Community and Occupational Safety and Health in Tuen Mun”. The Chairman invited comments from Members and the Convenor of the working group.

71. A Member reckoned that the words “labour rights and interests” could be added to the terms of reference of the CIHC.

72. The Chairman said that the HAD suggested that the working group be renamed “Working Group on Safe Community and Occupational Safety and Health in Tuen Mun” because “labour rights and interests” were a territory-wide issue.

73. Members’ comments and enquiries on the matter are summarised as follows: (i) A Member did not support the HAD’s view and opined that the CIHC should not accept the suggestion to rename the working group;

(ii) A Member said that apart from civil rights, Members were not allowed to discuss labour rights and interests either. He opined that labour rights

Action and interests were a territory-wide issue like labour legislation so related discussion should be allowed in the CIHC;

(iii) A Member said that things mentioned in the second item of the terms of reference for the CIHC were not only territory-wide issues, but also Tuen Mun issues. He was dissatisfied that the Government made up excuses to infringe on the rights of elected members to participate in policy discussion and found the HAD’s reply unreasonable;

(iv) A Member reckoned that Hong Kong people no longer enjoyed freedom of speech and said that apart from Tuen Mun residents, other employees across the territory were heavily affected by labour legislation too. As a DC Member, she would not limit herself to Tuen Mun affairs or serve only Tuen Mun residents;

(v) A Member said that the Labour Department (“LD”) wrote in its website that its scope of work included “legislation related to employee rights and benefits” and the LD had a district office in Tuen Mun. Therefore, he asked the HAD to explain in what ways discussions about labour rights and interests were incompatible with DC functions and demanded that the HAD stop depriving Members of their rights to participate in policy discussion. Also, he suggested amending the terms of reference for the CIHC to include the words “labour rights and interests”;

(vi) A Member demanded that representatives from the Tuen Mun District Office (“TMDO”) pass Members’ views to the HAD and stop “moving the goalposts” on DC affairs. If the HAD had sought legal advice, it could send representatives to confer with Members at TMDC meetings;

(vii) A Member pointed out that the Government had consulted the DCs on territory-wide policies many times and DC Members had also advised the Government on territory-wide affairs. She did not understand why the Government suddenly changed its way in the current DC term to limit DC discussions to district affairs. She added that discussions about labour legislation would inevitably touch on labour rights and interests since the two issues were interrelated. As DC Members were empowered by the people through election, not appointed by the HAD, she opined that the

Action CIHC should stand its ground;

(viii) A Member reckoned that the HAD’s concern was not the terms of reference for the Working Group on Labour Rights and Interests, but the fact that the words “labour rights and interests” were not included in the terms of reference for the CIHC. In this connection, she suggested amending the second item of the terms of reference for the CIHC to “to advise on matters related to labour rights and interests, such as the codes of industry and commerce, occupational safety and health protection, and labour legislation and policies”. Moreover, she suggested that words and phrases about labour rights and interests be added to the terms of reference for the working group to reflect its work more holistically; and

(ix) A Member opined that the Chairman should stick to the speaking time allowed by the Standing Orders rather than give some Members more time to speak. Moreover, she suggested that the Chairman consolidate Members’ views and invite a response from department representatives present at the meeting (including those from the TMDO and the LD).

74. The Chairman said that when naming and setting the terms of reference for the CIHC and its working groups, he had not given full consideration to the regulations of the new-term DC and the current situation of Hong Kong. He apologised for any inconvenience caused.

75. Ms Joanna TSUI, Assistant District Officer (Tuen Mun)1, said that the CIHC should form working groups to assist in the implementation of various programmes based on its terms of reference. Save for the Working Group on Labour Rights and Interests, whose name was incompatible with the second item of the terms of reference for the CIHC, the terms of reference for other working groups under the TMDC were compatible with those for their respective committees. As for Members’ suggestion to amend the terms of reference for the CIHC, the TMDO had to conduct an internal consultation.

76. Mr Dennis HO of the LD said that the purpose of sending representatives to DC meetings was to provide the DC or its committees with information about labour affairs and assist in relevant work. The department had no comments about the name or the terms of reference for the working group under the CIHC.

Action 77. A Member reckoned that the Chairman needed not apologise since it was never necessary for the name of a working group to be related to the terms of reference for its respective committee. For instance, the District Facilities Management Committee (“DFMC”) had formed the Working Group on Community Involvement, even though its terms of reference did not include words like “community involvement”. Similarly, since discussions about occupational safety and health would touch on labour rights and interests, the name of the Working Group on Labour Rights and Interests should be accepted.

78. Mr Dennis HO of the LD reiterated that the department aimed to provide the DC with information about labour affairs in the district and assist in relevant work. From his understanding, the terms of reference for the committees and their working groups were subject to the District Councils Ordinance, and the relevant considerations or arrangements were outside the LD’s scope of work. Therefore, the department had no comments on that. In response to Members’ question whether the LD would send representatives to the meetings of the new working group, he said that the department would conduct an internal consultation based on the nature of the meetings before giving a reply.

79. Members’ second round of comments and enquiries on the matter are summarised as follows: (i) A Member suggested adjourning the meeting for 10 to 15 minutes to allow Members more time to draw up impromptu motions;

(ii) A Member reckoned that even if the Government kept “moving the goalposts” on the formation of the Working Group on Labour Rights and Interests throughout the four years of the current DC term, Members should still stand their ground because it would not go unnoticed by the people;

(iii) A Member hoped that the Chairman would give all Members the same amount of time to speak rather than conclude the meeting in haste. She also opined that the Chairman’s earlier apology reflected his modesty;

(iv) A Member opined that the TMDC could ignore the HAD and suggested that the Chairman lead the CIHC and its working groups to convene meetings according to schedule despite the HAD’s interference; and

Action (v) A Member reckoned that it was not ideal that there was no time limit on government representatives’ speeches.

80. The Chairman opined that for the sake of the discussion, there should be a certain degree of flexibility in implementing the regulations. Therefore, he would exercise discretion when dealing with Members who went over the time limit. As the Convenor of the Working Group on Review of Standing Orders and Funding Guidelines under the Finance, Administration and Publicity Committee, he hoped that Members would actively express their views at the working group meetings to help strike a balance between the efficiency and the duration of a meeting.

81. A Member asked the TMDO’s representative to explain why the Working Group on Community Involvement could be formed, even though the words “community involvement” were not included in the terms of reference for the DFMC.

82. Ms Joanna TSUI, Assistant District Officer (Tuen Mun)1, said that the second item of the terms of reference for the Working Group on Community Involvement was “to process and examine funding applications of projects after the endorsement of the DFMC on financial allocation proposals and submit progress reports to the DFMC in phases”. Since the funding applications processed by the working group included those under the TMDC’s “community involvement project”, the name of the working group was compatible with the terms of reference for the DFMC. As for the CIHC and its working group, since the words “labour rights and interests” were incompatible with the terms of reference for the CIHC, the HAD suggested renaming the working group. If Members wished to amend the terms of reference for the CIHC, the HAD would have to conduct an internal consultation about the proposed amendment.

83. The Chairman said that he received an impromptu motion and decided to adjourn the meeting for ten minutes for Members to think over the motion.

[The meeting was adjourned at 4:45 p.m. and resumed at 4:59 p.m.]

Action 84. The Chairman said that he received two impromptu motions and the first one read:

To amend the second item of the terms of reference for the Commerce, Industry and Housing Committee to “to advise on matters related to labour rights and interests, such as the codes of industry and commerce, occupational safety and health protection, and labour legislation and policies”.

Moved by: Josephine CHAN Seconded by: CHOW Kai-lim, KONG Fung-yi, Catherine WONG, HO Hang-mui, SO Ka-man, YEUNG Chi-hang, Michael MO, HO Kwok-ho, LAM Ming-yan, LAM Kin-cheung, MA Kee, Kenneth CHEUNG, LEUNG Ho-man, TSANG Chun-hing, YAN Pui-lam, POON Chi-kin, Alfred LAI, LO Chun-yu

85. The Chairman said that since the impromptu motion was co-signed by over half of the Members, it would be accepted and put to vote.

86. After voting, the motion was carried by 18 votes to 0 with 1 abstention.

[Members in favour included Mr CHOW Kai-lim, Ms Josephine CHAN, Ms KONG Fung-yi, Ms Catherine WONG, Ms HO Hang-mui, Ms SO Ka-man, Mr YEUNG Chi-hang, Mr Michael MO, Mr HO Kwok-ho, Mr LAM Ming-yan, Mr LAM Kin-cheung, Mr MA Kee, Mr Kenneth CHEUNG, Mr LEUNG Ho-man, Mr YAN Pui-lam, Mr POON Chi-kin, Mr Alfred LAI and Mr LO Chun-yu; and the Member who abstained from voting was Ms LAI Ka-man.]

87. Then, the Chairman said that he would deal with the second impromptu motion, which read:

To amend the second item of the terms of reference for the “Working Group on Labour Rights and Interests” to “to take forward the publicity and education work on matters related to labour rights and interests such as labour laws and policies”.

Action Moved by: Josephine CHAN Seconded by: TSANG Chun-hing, CHOW Kai-lim, KONG Fung-yi, Catherine WONG, YEUNG Chi-hang, HO Kwok-ho, LAM Kin-cheung, MA Kee, Kenneth CHEUNG, YAN Pui-lam, Alfred LAI, LO Chun-yu

88. The Chairman said that since the impromptu motion was co-signed by over half of the Members, it would be accepted and put to vote.

89. After voting, the motion was carried by 19 votes to 0 with no abstentions.

90. Regarding the first impromptu motion, which was to amend the terms of reference for the CIHC, the Chairman said that the amendment would be submitted for endorsement by the TMDC at its next meeting.

91. A Member asked the Secretariat to note the proposed amendments endorsed by the CIHC at the current meeting and report them to the TMDC at its 3rd special meeting on 26 May.

92. The Chairman asked the Secretariat to note down the Member’s view. Secretariat

[Post-meeting note: At the 5th extended meeting on 21 August, the TMDC amended the second item of the terms of reference for the CIHC to “to advise on the local impact of matters such as the Government’s codes of industry and commerce, occupational safety and health protection, and labour legislation and policies”.]

93. There being no other business, the Chairman closed the meeting at

Action 5:06 p.m. The next meeting would be held on 17 July 2020.

[Post-meeting note: The 3rd CIHC meeting was eventually held at 2:30 p.m. on 27 August 2020.]

Tuen Mun District Council Secretariat Date: August 2020 File Ref: HAD TM DC/13/25/CIHC/20