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9 January 2008 3311 LEGISLATIVE COUNCIL ─ 9 January 2008 3311 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 9 January 2008 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.M., G.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE BERNARD CHAN, G.B.S., J.P. 3312 LEGISLATIVE COUNCIL ─ 9 January 2008 THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, S.B.S., J.P. DR THE HONOURABLE YEUNG SUM, J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE CHOY SO-YUK, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. LEGISLATIVE COUNCIL ─ 9 January 2008 3313 THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT THE HONOURABLE LI KWOK-YING, M.H., J.P. DR THE HONOURABLE JOSEPH LEE KOK-LONG, J.P. THE HONOURABLE DANIEL LAM WAI-KEUNG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG DR THE HONOURABLE KWOK KA-KI DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. 3314 LEGISLATIVE COUNCIL ─ 9 January 2008 THE HONOURABLE ALBERT JINGHAN CHENG, J.P. THE HONOURABLE KWONG CHI-KIN THE HONOURABLE TAM HEUNG-MAN THE HONOURABLE MRS ANSON CHAN, G.B.M., J.P. MEMBERS ABSENT: DR THE HONOURABLE LUI MING-WAH, S.B.S., J.P. THE HONOURABLE LAU CHIN-SHEK, J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE FREDERICK MA SI-HANG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE STEPHEN LAM SUI-LUNG, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE AMBROSE LEE SIU-KWONG, I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE TSANG TAK-SING, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY LEGISLATIVE COUNCIL ─ 9 January 2008 3315 THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EDWARD YAU TANG-WAH, J.P. SECRETARY FOR THE ENVIRONMENT CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL 3316 LEGISLATIVE COUNCIL ─ 9 January 2008 PRESIDENT (in Cantonese): Clerk, will you please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) PRESIDENT (in Cantonese): A quorum is now present. The meeting will now start. TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Tsing Sha Control Area (Tolls, Fees and Charges) Regulation .............................................. 237/2007 Merchant Shipping (Limitation of Shipowners Liability) (Rate of Interest) (Amendment) Order 2007 ...... 242/2007 Public Health and Municipal Services (Setting Aside Places for Use as Public Pleasure Grounds) (No. 3) Order 2007 ................................... 1/2008 Public Health and Municipal Services Ordinance (Amendment of Fourth Schedule) (No. 3) Order 2007 ................................... 2/2008 Other Paper Report of the Bills Committee on Mandatory Provident Fund Schemes (Amendment) Bill 2007 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. LEGISLATIVE COUNCIL ─ 9 January 2008 3317 Health Hazard Posed by Overnight Work 1. MR WONG KWOK-HING (in Cantonese): President, it has been reported that the conclusions of the studies of the International Agency for Research on Cancer of the World Health Organization (WHO) point out that overnight work is probably carcinogenic to humans. In this connection, will the Government inform this Council whether: (a) it will draw up health guidelines to provide guidance on overnight shiftwork systems as well as the working hours and rest breaks for overnight work; (b) it will, on the principle that the income of the staff concerned will not be affected, implement a three-shift system for all posts of the Government and its out-sourced services that involve shiftwork, so as to shorten the time of overnight work for such posts; and (c) it will specify cancers triggered by overnight work as occupational diseases under the Employees' Compensation Ordinance? SECRETARY FOR LABOUR AND WELFARE (in Cantonese): Today's Legislative Council meeting is the first meeting of the new year, first of all, I wish all Honourable Members good health and happiness at work. Cancers are caused by many factors, for instance, family history, smoking and diet, as well as the interplay among these factors. Nevertheless, in some cases such as skin cancer or cancer of the urinary tract caused by exposure to certain chemicals at work and cancer of nasal cavity caused by working in the manufacture or repair of wooden goods, there is definite medical evidence showing a relationship between such cancers and working in the specific occupations. Accordingly, these cancers have been prescribed as occupational diseases. The medical field is still divided on whether night work would cause cancers. The latest studies by the International Agency for Research on Cancer indicate that there is still limited evidence of carcinogenicity in humans in respect of shift work involving circadian disruption. On this basis, it has classified such work as probably carcinogenic to humans only, rather than being 3318 LEGISLATIVE COUNCIL ─ 9 January 2008 carcinogenic to humans as in the case of exposure to ionizing radiation and asbestos. On shift-work arrangements, the international recommendations are that depending on the nature of work (for instance, whether dangerous, monotonous, demanding and safety critical), operational needs and whether a night shift is involved, a shift should as far as possible be arranged for no longer than eight to 12 hours to minimize the health effects of shift-work on employees. The number of shifts required for 24-hour work depends on operational needs. Madam President, my reply to the three parts of the question is as follows: (a) The Labour Department (LD) plans to issue a practical guide to employers and employees on shift-work, making reference to internationally accepted occupational health protection measures. It will also study the monograph to be published officially by the WHO later this year to improve on the guide. The guide will introduce health and social problems that may arise from shift-work, as well as the preventive measures which could be taken by employers and employees to minimize the health effects of night work on employees. These include, for instance, measures to which employers should pay attention in arranging work; the advice that employees should sleep in a dark and quiet environment as soon as possible after night shift work to create a favourable environment for sleeping; and that employees should avoid drinking coffee, tea or alcoholic beverages before sleep. (b) As for shift arrangements in government services, Heads of Departments may arrange their relevant staff to perform shift duties to meet service needs. Individual departments require flexibility to determine the shift pattern that best suits their actual and unique operational needs. The Government has no plan to require departments to adopt a standard shift system for all posts that involve shift-work. At present, Heads of Departments take account of their operational needs, the convenience of the general public and the conditioned hours of the staff concerned, and so on, in determining the staff's actual hours of attendance and their shift pattern so as to ensure the efficiency and quality of services.
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