LEGISLATIVE COUNCIL ─ 2 July 2014 15725
OFFICIAL RECORD OF PROCEEDINGS
Wednesday, 2 July 2014
The Council met at Eleven o'clock
MEMBERS PRESENT:
THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P.
THE HONOURABLE ALBERT HO CHUN-YAN
THE HONOURABLE JAMES TO KUN-SUN
THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P.
THE HONOURABLE LEUNG YIU-CHUNG
DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P.
THE HONOURABLE EMILY LAU WAI-HING, J.P.
THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P.
THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P.
THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P.
THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P.
THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P.
THE HONOURABLE WONG KWOK-HING, B.B.S., M.H.
15726 LEGISLATIVE COUNCIL ─ 2 July 2014
PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N.
THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P.
THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P.
THE HONOURABLE WONG TING-KWONG, S.B.S., J.P.
THE HONOURABLE RONNY TONG KA-WAH, S.C.
THE HONOURABLE CYD HO SAU-LAN, J.P.
THE HONOURABLE STARRY LEE WAI-KING, J.P.
DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P.
THE HONOURABLE CHAN HAK-KAN, J.P.
THE HONOURABLE CHAN KIN-POR, B.B.S., J.P.
DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P.
DR THE HONOURABLE LEUNG KA-LAU
THE HONOURABLE CHEUNG KWOK-CHE
THE HONOURABLE WONG KWOK-KIN, S.B.S.
THE HONOURABLE IP KWOK-HIM, G.B.S., J.P.
THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P.
THE HONOURABLE ALAN LEONG KAH-KIT, S.C.
THE HONOURABLE ALBERT CHAN WAI-YIP
THE HONOURABLE CLAUDIA MO
LEGISLATIVE COUNCIL ─ 2 July 2014 15727
THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P.
THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P.
THE HONOURABLE NG LEUNG-SING, S.B.S., J.P.
THE HONOURABLE STEVEN HO CHUN-YIN
THE HONOURABLE FRANKIE YICK CHI-MING
THE HONOURABLE WU CHI-WAI, M.H.
THE HONOURABLE YIU SI-WING
THE HONOURABLE GARY FAN KWOK-WAI
THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P.
THE HONOURABLE CHARLES PETER MOK, J.P.
THE HONOURABLE CHAN CHI-CHUEN
THE HONOURABLE CHAN HAN-PAN, J.P.
DR THE HONOURABLE KENNETH CHAN KA-LOK
THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P.
THE HONOURABLE LEUNG CHE-CHEUNG, B.B.S., M.H., J.P.
THE HONOURABLE KENNETH LEUNG
THE HONOURABLE ALICE MAK MEI-KUEN, J.P.
DR THE HONOURABLE KWOK KA-KI
THE HONOURABLE KWOK WAI-KEUNG
THE HONOURABLE DENNIS KWOK
15728 LEGISLATIVE COUNCIL ─ 2 July 2014
THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P.
DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG
THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P.
DR THE HONOURABLE HELENA WONG PIK-WAN
THE HONOURABLE IP KIN-YUEN
DR THE HONOURABLE ELIZABETH QUAT, J.P.
THE HONOURABLE POON SIU-PING, B.B.S., M.H.
THE HONOURABLE TANG KA-PIU, J.P.
DR THE HONOURABLE CHIANG LAI-WAN, J.P.
IR DR THE HONOURABLE LO WAI-KWOK, B.B.S., M.H., J.P.
THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P.
THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S.
MEMBERS ABSENT:
THE HONOURABLE LEE CHEUK-YAN
THE HONOURABLE PAUL TSE WAI-CHUN, J.P.
THE HONOURABLE LEUNG KWOK-HUNG
THE HONOURABLE WONG YUK-MAN
THE HONOURABLE MARTIN LIAO CHEUNG-KONG, S.B.S., J.P.
THE HONOURABLE CHUNG KWOK-PAN
LEGISLATIVE COUNCIL ─ 2 July 2014 15729
PUBLIC OFFICERS ATTENDING:
THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY
PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING
THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE
PROF THE HONOURABLE K C CHAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY
THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT
THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY
DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH
PROF SOPHIA CHAN SIU-CHEE, J.P. UNDER SECRETARY FOR FOOD AND HEALTH
CLERKS IN ATTENDANCE:
MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL
MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL
MR ANDY LAU KWOK-CHEONG, ASSISTANT SECRETARY GENERAL
MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL
15730 LEGISLATIVE COUNCIL ─ 2 July 2014
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber.
(After the summoning bell had been rung, a number of Members entered the Chamber)
TABLING OF PAPERS
The following papers were laid on the table under Rule 21(2) of the Rules of Procedure:
Subsidiary Legislation/Instruments L.N. No.
Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No. 2) Regulation 2014 ...... 96/2014
Protection of Endangered Species of Animals and Plants (Exemption for Appendices II and III Species) (Amendment) Order 2014 ...... 97/2014
Protection of Endangered Species of Animals and Plants Ordinance (Amendment of Schedules 1 and 3) Order 2014 ...... 98/2014
Rules of the High Court (Amendment) (No. 2) Rules 2014 ...... 99/2014
Rules of the District Court (Amendment) Rules 2014 ...... 100/2014
Mutual Legal Assistance in Criminal Matters (Spain) Order (Commencement) Notice ...... 101/2014
Road Traffic (Amendment) Ordinance 2012 (Commencement) Notice ...... 102/2014
LEGISLATIVE COUNCIL ─ 2 July 2014 15731
Other Papers
No. 110 ─ Prisoners' Welfare Fund Report by the Commissioner of Correctional Services on the administration of the Fund for the year ended 31 March 2014
No. 111 ─ Hong Kong Trade Development Council Annual Report 2013-2014
No. 112 ─ The Standing Committee on Legal Education and Training Annual Report 2013 1 January 2013 to 31 December 2013
No. 113 ─ Sir David Trench Fund for Recreation Annual Report 2013-2014
No. 114 ─ Hong Kong Export Credit Insurance Corporation Annual Report 2013-2014
No. 115 ─ Construction Industry Council Annual Report 2013
No. 116 ─ Annual Report of The Ombudsman 2014
No. 117 ─ Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2013
No. 118 ─ Independent Commission Against Corruption Complaints Committee Annual Report 2013
Report No. 21/13-14 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
Report of the Bills Committee on Electoral Legislation (Miscellaneous Amendments) Bill 2014
Report of the Panel on Home Affairs 2013-2014
Report of the Panel on Security 2013-2014
Report of the Panel on Constitutional Affairs 2013-2014
15732 LEGISLATIVE COUNCIL ─ 2 July 2014
ADDRESSES
PRESIDENT (in Cantonese): Addresses. Mr Andrew LEUNG will address the Council on the "Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2013".
Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2013
MR ANDREW LEUNG (in Cantonese): President, as a member of the Advisory Committee on Corruption, I hereby brief Members on the Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2013 tabled in the Council today on behalf of the Independent Commission Against Corruption (ICAC).
Over the past year, the ICAC continued to adopt its three-pronged strategy of law enforcement, prevention and community education to discharge its statutory duty in the fight against corruption, while improving its corporate governance and discharging its duties diligently with a view to gaining trust and support from the public.
In 2013, the ICAC received 2 652 corruption complaints (excluding election-related complaints), which were 33% fewer than the 2012 figure. The decrease in the number of corruption complaints may due to various reasons, such as the joint efforts of the ICAC and the Home Affairs Department in enhancing citizens' vigilance against corruption in the building management sector over the last three years. As a result, there was a drop of 36% in the complaints related to the building management last year, which accounted for 29% of the overall decrease.
The 2013 ICAC Annual Survey found that more than 80% of the respondents were willing to report corruption; the tolerance level of corruption remained at a close-to-zero level of 0.8 on a scale of 0 to 10; and the percentage of personal encounter of corrupt incidents dropped drastically from 1.8% in 2012 to 1.1%. The ICAC is therefore confident that the incidence of corruption in Hong Kong remains stable and is well under control even though the complaint figures dropped.
As for the complaints of different sectors, the ICAC received 808 complaints related to government departments, which constituted 30% of the total LEGISLATIVE COUNCIL ─ 2 July 2014 15733 complaints received. According to the ICAC's observation, the Civil Service in Hong Kong has been upholding the values of probity and integrity, and there is no sign of a resurgence of any syndicated corruption in the government sector. There were 195 complaints against public bodies, which constituted 8% of the total. This number remains small as in the case of 2012. There were 1 649 complaints relating to the private sector received in 2013, representing 62% of the total and a 34% decrease when compared with 2012. Despite the decrease in complaints, the ICAC will continue to take all necessary steps against corrupt practices so as to maintain fairness, openness and cleanness within Hong Kong's business sector.
A total of 559 complaints under the Elections (Corrupt and Illegal Conduct) Ordinance were received in 2013, representing a decrease of 77% when compared to the situation in 2012. The decrease was natural as the last election cycle ended in September 2012.
Regarding corruption prevention, the ICAC completed for government departments, public bodies, government-funded and other organizations a total of 68 assignment reports covering a wide range of areas including public procurement, outsourcing of services, funding schemes, licensing systems, and so on. In addition, the ICAC had studied in detail the areas of public safety and public concern and those involving huge amount of public money, including public housing construction, "food banks", practice of Chinese medicine practitioners and operation of Chinese medicine clinics, and the financial assistance package provided by the Government for fishermen affected by the trawl ban in Hong Kong waters. Also, the ICAC continued to publicize anti-corruption messages to local and overseas-funded business organizations through different ways, such as working with the banking sector for preparing and promoting the guide Bank on Integrity ― A Practical Guide for Bank Managers with a view to enhancing integrity management and corruption prevention in banking operations; stepping up efforts in promoting the new Building Maintenance Toolkit and encouraging stakeholders to fully utilize the toolkit so as to reduce corruption risk.
As for corruption prevention education, the ICAC continued to take forward education and publicity programmes targeting different sectors. For example, it assisted different government departments to review their integrity management and training strategies with regard to conflict of interest issues; spearheaded the i-Relay Youth Integrity Project, started the iTeen Leadership Programme and organized the Youth Integrity Micro Film Project with the support of local tertiary education institutions and youth-related organizations, 15734 LEGISLATIVE COUNCIL ─ 2 July 2014 thereby inculcating positive values in young people. Working with different sectors and community organizations, the ICAC organized publicity activities by making use of the media, the Internet and Smartphone App with a view to promoting and upholding Hong Kong's value of probity and integrity. At the end of 2013, the ICAC launched a publicity campaign known as "A Clean Future for our Next Generation" reiterating its determination in anti-corruption efforts.
Over the past year, the ICAC also continued to actively enhance its relationship with the anti-corruption agencies in various places to foster exchanges and promote anti-corruption work. Its efforts included briefing the relevant United States government agencies and the officials from international organizations such as the World Bank, the World Justice Project and the United Nations Global Compact about the latest corruption-free situation in Hong Kong; holding liaison meetings and functions with the anti-corruption and enforcement organizations of various Asian-Pacific countries. Moreover, the Centre of Anti-Corruption Studies provides a platform for scholarly exchanges and collaboration with local, international and Mainland China academic institutions, and conducts studies on the directions of anti-corruption initiatives locally and internationally.
Development of human capital has all along been a primary concern of the ICAC. In order to recruit fresh blood, the ICAC participated in the Education and Careers Expo 2013 and conducted a series of career talks in the eight local universities to publicize the jobs of Commission Against Corruption Officer and career opportunities. In addition, the ICAC also organized different internal training programmes for its staff and arranged individual officers to attend management development courses provided by major local or overseas academic institutions, with a view to enhancing the professionalism of the ICAC.
Lastly, on behalf of the Commissioner of the ICAC, I wish to take this opportunity to thank members of the Advisory Committee on Corruption for their valuable contribution, and to express my gratitude to this Council and members of the public for their support to the ICAC. The ICAC understands that the public have very high expectation concerning the work of the ICAC. All staff in the ICAC will continue to diligently adhere to the principles of fairness and impartiality, and be committed to upholding Hong Kong's core value of probity with a highly professional and steadfast spirit.
President, I so submit.
(Mr CHAN Chi-chuen stood up)
LEGISLATIVE COUNCIL ─ 2 July 2014 15735
MR CHAN CHI-CHUEN (in Cantonese): President, a point of order. I request a headcount.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
PRESIDENT (in Cantonese): Mr Jeffrey LAM will address the Council on the "Independent Commission Against Corruption Complaints Committee Annual Report 2013".
Independent Commission Against Corruption Complaints Committee Annual Report 2013
MR JEFFREY LAM (in Cantonese): President, as a member of the Independent Commission Against Corruption Complaints Committee (the Committee), I hereby table the Independent Commission Against Corruption Complaints Committee Annual Report 2013 on behalf of the Committee. The Annual Report gives a summary of the work carried out by the Committee in the past year.
The Committee's major responsibility is to monitor the handling by the Independent Commission Against Corruption (ICAC) of non-criminal complaints lodged by anyone against the ICAC and its officers. Moreover, the Committee will identify any faults in ICAC's work procedures which lead or might lead to complaints, and make recommendations for improvement.
Upon receipt of a complaint, the Internal Investigation and Monitoring Group (IIMG) of the ICAC will conduct a preliminary assessment. If it considers that a full investigation is not warranted, it will state the reasons and submit an assessment report for the Committee's consideration. As for complaints with sufficient information for further investigation, the IIMG will submit a report to the Committee and explain the relevant findings after an investigation is completed. All investigation and assessment reports submitted by the ICAC will be arranged to be discussed at a Committee meeting, and the 15736 LEGISLATIVE COUNCIL ─ 2 July 2014
Committee may seek additional information from the ICAC when necessary before drawing any conclusion on the cases. The complainants will subsequently be advised of the Committee's conclusions in writing.
In 2013, the Committee held three meetings to consider 31 complaint cases, comprising 21 investigation reports and 10 assessment reports. Of the 21 complaints covering 60 allegations considered by the Committee, 12 allegations in five complaints were found to be substantiated or partially substantiated, involving improper use of social networking services and failure to record in the seizure list detailed description of properties seized from arrestees by ICAC officers. The ICAC had given verbal or written warnings and appropriate advice to the officers concerned on these substantiated or partially substantiated allegations.
In considering complaints, the Committee will also scrutinize the ICAC's internal procedures, guidelines and practices to see whether they need to be revised, with a view to making improvements. Arising from the investigation reports considered during 2013, the ICAC had tightened up internal instructions concerning office security, protection of official information and use of social networking services for strict compliance and enhanced the training on such subject matters to heighten the vigilance of ICAC staff members. The ICAC had also further refined the existing guidelines on the description of seizures to provide additional guidance to investigating officers.
The publication of the Annual Report enables the Committee to brief the public on its work on a regular basis. It can also enhance the transparency and accountability of the Committee's work. Should Members have any comments on the Annual Report, they are welcome to forward their views to the Secretary of the Committee. The support of this Council and members of the public to the work of the Committee is very much appreciated. Thank you, President.
PRESIDENT (in Cantonese): Mr MA Fung-kwok will address the Council on the "Report of the Panel on Home Affairs 2013-2014".
Report of the Panel on Home Affairs 2013-2014
MR MA FUNG-KWOK (in Cantonese): President, in my capacity as Chairman of the Panel on Home Affairs (the Panel), I now report to the Council on the Panel's work during the 2013-2014 Legislative Session.
LEGISLATIVE COUNCIL ─ 2 July 2014 15737
The Panel held a total of 11 meetings during this Legislative Session and will hold one more regular meeting before the end of the Session. Since the work of the Panel is already set out in detail in the report, I will only highlight some major tasks of the Panel.
The Panel had discussed the Administration's proposals to enhance the remuneration package for District Council members (DC members). Members in general supported the proposals, which included increasing the rate of the accountable Operating Expenses Reimbursement by 34%. However, some members pointed out that the high rental of private premises was the major cause leading to DC members' shortfall in Operating Expenses Reimbursement. Some members were also concerned about the arrangement for disbursement of severance or long service payments to staff members employed by DC members. The Administration advised that it would look into the arrangement for long service payments to those staff members in its next review of the remuneration package for DC members.
President, regarding arts and culture, the Panel had discussed the First Intangible Cultural Heritage Inventory of Hong Kong. Members expressed concern whether the Government had dedicated funding or special funding for safeguarding and promoting Intangible Cultural Heritage. In members' view, the Administration should consider setting priorities for items on the Intangible Cultural Heritage inventory.
The Panel had also discussed the issue of promoting artistic creation and autonomy of arts groups. While agreeing that the Government should not interfere with the executive decisions and the artistic directions of arts groups, some members considered that a mechanism should be built in the Administration's monitoring of the nine major performing art groups to ensure that public money would be put to good use. Some members considered that the Administration should encourage the nine major performing art groups to formulate their own appropriate codes of practice for self-regulation. The Administration advised that the decision of drawing up code of practices for compliance by arts groups should be left to individual arts groups.
In addition, the Panel had discussed Government's policy and measures on street performance. Members expressed different views on whether it was appropriate for the Administration to introduce a licensing scheme for regulation of street performance.
15738 LEGISLATIVE COUNCIL ─ 2 July 2014
President, sport development was another major area of concern of the Panel. The Panel was briefed on the progress of the planning of the Kai Tak Multi-purpose Sports Complex. Some members considered that the current design of the project should be further fine-tuned to provide therein venue support for more sports items. Some members suggested the Administration to consider splitting the project into smaller works projects for which separate tenders be invited, thereby enabling the Administration to exercise better cost control.
Furthermore, the Panel had also discussed the licensing and enforcement matters under the Hotel and Guesthouse Accommodation Ordinance (Cap. 349). Some members opined that there was a loophole with the existing licensing regime as the authorities had not considered the Deed of Mutual Covenant provisions and the land lease of the buildings concerned in the vetting and approval of applications for guesthouse licences. Members called on the Administration to review the existing guesthouse licensing regime and amend the relevant laws. The Administration advised that it had already kick-started a review of the Ordinance.
President, apart from the abovementioned work, the Panel had also discussed other subjects including youth development policy, regulation of the property management industry and enhanced measures against shop front extensions. Finally, let me take this opportunity to thank members for their support of the work of the Panel. President, I so submit.
PRESIDENT (in Cantonese): Mr IP Kwok-him will address the Council on the "Report of the Panel on Security 2013-2014".
Report of the Panel on Security 2013-2014
MR IP KWOK-HIM (in Cantonese): President, in my capacity as Chairman of the Panel on Security, I now submit to the Legislative Council a report on the work of the Panel in this Legislative Session. During this Session, the Panel held a total of 12 meetings and it has scheduled another regular meeting in July. As the work of the Panel is already set out in detail in the report, I will only highlight some major tasks of the Panel.
The police's handling of public order events and maintenance of law and order continued to be the main focus of the Panel during the current Session. LEGISLATIVE COUNCIL ─ 2 July 2014 15739
Members were seriously concerned that there had been increasing confrontation and swearing between members of the public and the police during some public meetings and public processions. Noting that the police had issued a set of guidelines to advise police officers on how to handle abusive behaviour directed at them by members of the public and the use of body worn video camera by the police for recording the demonstrations, the Panel had examined the relevant guidelines. There were suggestions that the Administration should disclose the guidelines so as to enhance the transparency of enforcement and prevent abuse of power by police officers. The police advised that it was not appropriate to disclose the guidelines as they related to the police's operational details but the relevant information had been posted on the police website. In some members' view, abusive behaviour against police officers was no different from contempt of the rule of law, and should not be tolerated. They urged the Administration to consider enacting legislation against insulting police officers.
(Mr CHAN Chi-chuen stood up)
MR CHAN CHI-CHUEN (in Cantonese): President, a point of order. I request a headcount.
MR IP KWOK-HIM (in Cantonese): President, I hope other Members would not speak too loudly when they suddenly speak; it really scared me just now.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
PRESIDENT (in Cantonese): Mr IP Kwok-him, please continue.
MR IP KWOK-HIM (in Cantonese): President, the Panel monitored closely the Administration's anti-drug work. Members noted with concern that although the number of drug abusers had been decreasing, there was a growing problem of 15740 LEGISLATIVE COUNCIL ─ 2 July 2014 hidden drug abuse of synthetic drugs. Following the launch of a public consultation exercise on RESCUE Drug Testing Scheme (RDT) by Action Committee Against Narcotics (ACAN), the Panel met with Chairman of ACAN and Chairmen of two subcommittees of ACAN as well as the Administration to exchange views on the proposed RDT. Some members supported the RDT for early identification of drug abusers and providing them with appropriate assistance. Some other members, however, objected to the mandatory approach of the RDT. Given the controversy involved, according to ACAN, if there was a consensus during the first stage public consultation exercise that the RDT should be pursued in principle, details for the mechanism would be worked out for a second-stage public consultation exercise to be conducted. The Panel would follow up on the results of the first stage public consultation exercise at its meeting to be held in July.
As regards immigration, the Panel had listened to the Administration's report on the latest position regarding the issue of One-way Permits for Mainland residents to come to Hong Kong for family reunion and the arrangements for Mainland residents who wished to visit relatives in Hong Kong through the application for Two-way Permits. The Panel was briefed on the introduction of a new card-type electronic Exit-entry Permit for travelling to and from Hong Kong and Macao. Members urged the Administration to expeditiously carry out manpower planning for OWP holders and to project the demand for various support services.
President, after the Manila hostage-taking incident that occurred in 2010, the Panel had focused its discussions on the incident and took follow-up actions. Members were pleased to note that the parties had eventually reached a consensus on the resolution of the four demands made by the victims and their families on apology, compensation, sanctions against responsible officials and individuals, and tourist safety. Noting the revision of the Outbound Travel Alert (OTA) for the Philippines from Black to Amber immediately after the announcement of the resolution of the incident, some members queried why the Administration did not observe the implementation of the improvement measures for some period of time before revising the OTA level for the Philippines to Amber for tourist safety considerations. The Administration agreed to closely monitor the implementation of various improvement measures.
With these remarks, President, I also express my thanks to the Secretariat staff who participated in the process.
LEGISLATIVE COUNCIL ─ 2 July 2014 15741
PRESIDENT (in Cantonese): Mr TAM Yiu-chung will address the Council on the "Report of the Panel on Constitutional Affairs 2013-2014".
(Mr Gary FAN stood up)
MR GARY FAN (in Cantonese): President, I request a headcount.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
PRESIDENT (in Cantonese): Mr TAM Yiu-chung, you may now speak.
Report of the Panel on Constitutional Affairs 2013-2014
MR TAM YIU-CHUNG (in Cantonese): In the previous hour, we have already done a headcount for three times and wasted more than 30 minutes. I do not know where all the pan-democratic Members have gone.
President, in my capacity as Chairman of the Panel on Constitutional Affairs (the Panel), I would like to highlight the deliberations of the Panel during the current Legislative Session.
On 4 December last year, the Administration published the Consultation Document (Consultation Document) on Methods for Selecting the Chief Executive in 2017 and for Forming the Legislative Council in 2016. Following this, the Panel held three special meetings to discuss the Consultation Document with the Task Force on Constitutional Development (Task Force) and to receive views from the public. Members mainly expressed their various views and concerns on some important subjects such as the procedures for nominating candidates for the office of the Chief Executive, the formation of the nominating committee, and so on. The Task Force advised that the consultation on the method for selecting the Chief Executive by universal suffrage had to be conducted strictly in accordance with the Basic Law and the relevant 15742 LEGISLATIVE COUNCIL ─ 2 July 2014
Interpretation and Decisions of the Standing Committee of the National People's Congress. The Panel requested the Task Force to listen widely to the views of the public. The Task Force advised that upon the end of the five-month consultation period on 3 May 2014, the Administration would study and consolidate the public views received, and would initiate the constitutional procedures at an appropriate juncture.
In the current Session, the Administration recommended extending the claims and objections period for voter registration by 14 days to allow more time for the public to inspect the provisional registers of electors and omissions lists, and to make claims and objections. The Administration also proposed to make the offences on false declarations under the Electoral Affairs Commission Ordinance (Cap. 541A and Cap. 541B) become indictable offences, and to lift the six-month time bar for prosecution so as to enhance the deterrent effect. The Administration further proposed a number of amendments to the existing electoral legislation which, after consultation with the Panel, had been included into the Electoral Legislation (Miscellaneous Amendments) Bill 2014.
Regarding anti-discrimination work, the Panel received a briefing by the Chairperson of the Equal Opportunities Commission (EOC), Dr York CHOW on an update of the work of EOC. Members noted that the EOC had completed an internal review of the existing four anti-discrimination laws, and its tentative plan was to consult the public on relevant issues in the third quarter of 2014. Apart from this, the EOC would commission an "Exploratory Study on Age Discrimination in Employment" which was expected to be completed within a year. With respect to enactment of legislation against discrimination on the grounds of sexual orientation, the EOC would be co-organizing an international symposium in late August this year to promote public understanding of the subject.
Regarding the promotion of non-discrimination on grounds of sexual orientation and gender identity, the Panel received a briefing by the Administration at a meeting on the measures taken and its progress of work. Members noted that the measures taken by the Administration included increasing the provision for the Equal Opportunities (Sexual Orientation) Funding Scheme, promoting the Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation, and establishing a dedicated Advisory Group in June last year. On the advice of the Advisory Group, the Administration had commissioned a consultant to conduct a study about the discrimination experienced by sexual minorities in Hong Kong. The findings LEGISLATIVE COUNCIL ─ 2 July 2014 15743 would form a basis for further consideration by the Advisory Group on how to take forward its work.
The Panel had been closely monitoring the submission of reports to the United Nations (UN) by the SAR Government under the international human rights conventions. The Panel received public views on the HKSAR's third report under the International Covenant on Economic, Social and Cultural Rights, and discussed the relevant concluding observations. Members had expressed concerns on issues about livelihood, employment protection and rights of labour.
In addition, after the UN Committee on the Rights of the Child adopted the concluding observations in October last year on the HKSAR's second report under the UN Convention on the Rights of the Child (UNCRC), the Panel held a meeting to receive public views on the subject. Some members opined that a commission on children should be established to address the needs of vulnerable children and monitor the implementation of the UNCRC in Hong Kong. The Administration advised that the Children's Rights Forum had been set up …
(Mr Gary FAN stood up)
MR GARY FAN (in Cantonese): President, I request a headcount.
MR TAM YIU-CHUNG (in Cantonese): You are wasting the time of the Council.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(Some Members spoke when the summoning bell was ringing)
PRESIDENT (in Cantonese): Would Members please do not speak at will inside the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
15744 LEGISLATIVE COUNCIL ─ 2 July 2014
PRESIDENT (in Cantonese): Mr TAM Yiu-chung, please continue.
MR TAM YIU-CHUNG (in Cantonese): … and monitor the implementation of the UNCRC in Hong Kong. The Administration advised that the Children's Rights Forum had been set up to promote child-friendly measures. The Administration explained that a family-based approach was adopted to provide appropriate services to children and families in need. In response to members' concerns, the Administration pledged to strengthen the collaboration between the Family Council and the Children's Rights Forum with a view to enhancing the promotion of children's rights.
President, I so submit.
ORAL ANSWERS TO QUESTIONS
PRESIDENT (in Cantonese): Questions. First question.
Proposed Improvement to Operation of Medical Council of Hong Kong
1. MR VINCENT FANG (in Cantonese): President, the Medical Council of Hong Kong (MCHK) has recently been criticized for its tardiness in handling medical complaints. There are also public criticisms that, in handling applications by medical practitioners to practise in Hong Kong under limited registration, the MCHK acts like a trade union aiming to protect the interests of members of the profession rather than a professional body aiming to protect public interests. As such, there have been increasing calls for a comprehensive reform of the MCHK. It is learnt that, some years ago, MCHK submitted a reform proposal to the Government, which included increasing the proportion of lay members with a view to enhancing its independence, but the proposal ended up with nothing definite. Recently, the MCHK has submitted a proposal to reform itself to the authorities. In this connection, will the Government inform this Council:
(1) of the main contents of the reform proposal submitted by the MCHK recently to the authorities; apart from the proposed increase in the number of lay assessors, whether the reform proposal contains any suggestion for the adoption of a composition with equal numbers of LEGISLATIVE COUNCIL ─ 2 July 2014 15745
medical members and lay members, similar to that of the General Medical Council in the United Kingdom; if it does not, whether it knows the reasons for that;
(2) given that, notwithstanding the increase by the MCHK of the number of licensing examinations for medical practitioners from once a year to twice a year, the Medical Registration Ordinance stipulates that the validity period of a limited registration must not exceed one year, whether the Government will introduce legislative amendments to relax such provision and urge the MCHK to grant registration with a longer validity period; if it will not, of the reasons for that; and given that overseas medical practitioners are employed by the Hospital Authority (HA) under one-year contracts only, of the authorities' plan to attract overseas medical practitioners, in particular those with international reputation, to practise in Hong Kong under limited registration; and
(3) of the amount of resources provided by the Government to the MCHK annually; given that the MCHK will need additional manpower and other resources in order to enhance its operational efficiency and transparency, thereby upgrading its standard of professional regulation, whether the Government has any plan to provide additional resources to the MCHK; if it does, of the details; if not, the reasons for that?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President,
(1) The MCHK is an independent statutory body established under the Medical Registration Ordinance for handling matters relating to the registration and regulation of medical practitioners in Hong Kong, including the conduct of inquiries and disciplinary proceedings concerning the professional conduct of registered medical practitioners. The MCHK handles complaints received against registered medical practitioners, conducts investigations into allegations of professional misconduct and takes disciplinary actions in accordance with the procedures laid down in the Medical Registration Ordinance and the Medical Practitioners (Registration and Disciplinary Procedure) Regulation.
15746 LEGISLATIVE COUNCIL ─ 2 July 2014
Upon receipt of a complaint concerning the professional conduct of a registered medical practitioner in Hong Kong, the Preliminary Investigation Committee (PIC) of the MCHK will conduct preliminary investigation into the case. If the PIC determines that there is a prima facie case, the case will be referred to the MCHK for a formal disciplinary inquiry. The PIC comprises seven members, including one lay member of the MCHK. The quorum of a meeting convened for the purpose of conducting a disciplinary inquiry is five members of the MCHK, including one lay member. Currently the MCHK has four lay members, who take turns to perform their roles in preliminary investigations and disciplinary inquiries.
In a bid to expedite the complaint-handling process and inquiry proceedings so as to cope with an increasing number of complaints, the MCHK suggested in June this year to increase the number of lay assessors and allow them to substitute lay members of the MCHK in forming the quorum in preliminary investigations and inquiries. The proposal does not involve changing the membership or composition of the MCHK. The Administration is actively considering the MCHK's proposal.
(2) According to section 14A of the Medical Registration Ordinance, a non-local graduate with the necessary qualifications may apply to the MCHK for approval to practise in Hong Kong by way of limited registration without having to pass the licensing examination. The relevant requirements are that:
(i) having been selected for employment or for a type of employment determined and promulgated by the MCHK;
(ii) having obtained an acceptable overseas qualification;
(iii) having had adequate and relevant full-time post-qualification clinical experience;
(iv) having registered with an approved medical authority outside Hong Kong; and
(v) having good character.
LEGISLATIVE COUNCIL ─ 2 July 2014 15747
Limited registration is valid for a maximum period of one year. The person so registered may apply for renewal of registration for another year before the expiry of the limited registration. The HA makes reference to the one-year validity period of a limited registration as approved by the MCHK in sealing contracts with non-local medical practitioners on limited registration.
In the face of challenges posed by a growing and ageing population and increasing public demand for healthcare services, the Government has set up a high-level steering committee to conduct a strategic review on healthcare manpower planning and professional development in Hong Kong. The steering committee will assess the manpower needs of the healthcare professions which are subject to statutory regulation and put forward recommendations regarding future directions of their professional development. The strategic review covers the regulatory framework for healthcare professions, including the functions and composition of the regulatory bodies concerned. The Administration will take forward the recommendations of the steering committee as appropriate upon completion of the review.
(3) Established under the Medical Registration Ordinance, the MCHK operates under the principle of professional autonomy. The Government provides secretariat service through the Department of Health to support the MCHK in discharging its duties, and funds the related expenses arising from legal consultation and litigation. Currently the Medical Council Secretariat has an 18-strong establishment, including those employed on civil service and contract terms. In the past three years, the Government spent an annual average of about 24.5 million to meet the daily expenditure of the Secretariat. From time to time the Administration will review the manpower and resource requirements of the Medical Council Secretariat and make corresponding arrangements.
MR VINCENT FANG (in Cantonese): President, in the past 10-odd years, the MCHK's handling of complaints about medical malpractice has been criticized by the community as "doctors harbouring each other". As a result, many complaint cases involving deaths had been concluded by the verdict of death by misadventure. Does the Government have the responsibility to monitor the 15748 LEGISLATIVE COUNCIL ─ 2 July 2014 standards of healthcare services and healthcare personnel, with a view to minimizing these unfortunate incidents?
I know the MCHK submitted to the Government a proposal to reform the MCHK 13 years ago, but no measure has been taken so far and the number of complaint cases has been on the increase. Although the Secretary was not in charge of the relevant Policy Bureau at that time, I would like to ask the Secretary how the then reform proposal differed from the current reform proposal submitted. Furthermore, in the view of the Secretary, what is the largest resistance to reform?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, I believe that some observations raised in Mr FANG's supplementary question may only be an overall impression, and I must first clarify that the MCHK would not make a verdict of death by misadventure, as that is the function of the Coroner's Court. The MCHK would only hold inquiries on complaints about the professional misconduct of medical practitioners to determine if the compliant is substantiated.
On the second part of his supplementary question, indeed, a few years ago, the MCHK proposed to the Government to reform, inter alia, the composition of the MCHK. As I just mentioned in my main reply, the proposal on enhancing the efficiency of inquiries recently made by the MCHK in June does not include the proposals made several years ago.
The Government adopts a positive attitude towards the suggestions made by the MCHK in June this year. Before taking follow-up actions, we have invited the MCHK to reconsider some of the proposals made some years ago, to see if they want the Government to follow up on them collectively in the process of making legislative amendments. After receiving a reply from the MCHK, the Government will take it into account and follow up in the course of enacting the legislation.
(Mr CHAN Chi-chuen stood up)
MR CHAN CHI-CHUEN (in Cantonese): President, a point of order. I request a headcount.
LEGISLATIVE COUNCIL ─ 2 July 2014 15749
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
PRESIDENT (in Cantonese): Mr Tommy CHEUNG, please state your supplementary question.
MR TOMMY CHEUNG (in Cantonese): President, the Secretary has just mentioned in part (2) of the main reply the requirements to be met for medical practitioners to practise in Hong Kong. Mr Vincent FANG has just said that the MCHK has been criticized. This is inevitable because the MCHK, apart from adopting the practice of investigation by peers, acts like a trade union to restrict medical practitioners from other places from coming to Hong Kong to practise.
In part (2) of the main reply, the Secretary mentioned that limited registration is valid for a maximum period of one year. As the posts or people involved are professionals, why would medical practitioners leave their jobs and come to Hong Kong to practise by way of limited registration of only one year? After all, this is just empty talk. I hope the Secretary would examine healthcare manpower planning and professional development in Hong Kong through a high-level steering committee.
President, my supplementary question is: while the authorities stated that eligible applicants may apply for registration in Hong Kong, nothing has been mentioned about whether these applicants can continue to provide specialty services or whether they can only work as general practitioners in Hong Kong …
PRESIDENT (in Cantonese): Please state your supplementary question.
MR TOMMY CHEUNG (in Cantonese): Will the Secretary seriously address this issue so that more foreign medical practitioners can provide medical services to Hong Kong people?
15750 LEGISLATIVE COUNCIL ─ 2 July 2014
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, Mr Tommy CHEUNG asked whether we would consider various ways to allow more non-local medical graduates to practise in Hong Kong. I understand this point, but I do not quite understand his point about specialties. Yet, I would also try to answer his question.
The registration of the MCHK contains two parts: the first part is the registration of general medical practitioners and the second part is the registration of specialists, and the two is different. In Hong Kong, an applicant who meets the qualification for registration as a general medical practitioner with the MCHK can practise in Hong Kong. As regards the registration of specialists, it depends on whether the law allows the person concerned to register for practice in Hong Kong as a specialist. In other words, if a person claims to be a specialist, his name must appear on the Specialist Register of the MCHK.
Having made the above clarification, I agree that we actually have a consensus that given the lack of medical practitioners in the public sector under the HA, especially in this period of time, we should try our best to facilitate some non-local medical graduates to practise in Hong Kong. We are examining a series of measures, and I have just said that the Licensing Examination will be held twice a year instead of once a year. Moreover, we are considering how to lower the internship requirements for applicants who passed the Licensing Examination. Certainly, there are views on extending the period of limited registration. Such views have been raised at various stages. When the steering committee considers the human resources and professional development of the overall healthcare profession, we will consider such views and make a decision. Nevertheless, at the first stage, we wish to clarify the MCHK's proposal on enhancing the efficiency of inquiries, so that the less controversial amendments can be implemented first.
(Mr Tommy CHEUNG stood up)
PRESIDENT (in Cantonese): Mr CHEUNG, what is your point?
MR TOMMY CHEUNG (in Cantonese): Just now, I asked the Secretary whether in approving a foreign medical practitioner to practise in Hong Kong, his professional qualifications are also approved. Even though many foreign LEGISLATIVE COUNCIL ─ 2 July 2014 15751 specialists have come to Hong Kong and sat the examination, it is not sure if they are allowed to provide specialist service …
PRESIDENT (in Cantonese): Mr CHEUNG, I have heard very clearly that the Secretary has already replied. If you do not understand, please seek the Secretary's explanation on other occasion.
Once again, I would like to remind Members that they should not express their personal views at great length when they ask a question; otherwise, I must call upon the Secretary to respond.
PRESIDENT (in Cantonese): Dr LEUNG Ka-lau, please state your supplementary question.
MR CHAN CHI-CHUEN (in Cantonese): President, a point of order. I request a headcount.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
PRESIDENT (in Cantonese): Dr LEUNG Ka-lau, please state your supplementary question.
DR LEUNG KA-LAU (in Cantonese): President, Mr Vincent FANG has stated in his main question that the MCHK acts like a trade union aiming to protect the interests of members of the profession, which is a very serious allegation. I wish to ask the Secretary if there are figures or scientific evidence to support the allegation. What do I mean by figures or scientific evidence? Over the past 15752 LEGISLATIVE COUNCIL ─ 2 July 2014 three years, how many cases were there in which the decisions of the PIC were inconsistent with those of the disciplinary inquiries?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, I cannot answer this question right away because electronic data analysis is required before I can answer Dr LEUNG's supplementary question. If necessary, I can provide the information after the meeting. (Appendix I)
DR LEUNG KA-LAU (in Cantonese): Please tell us the number of cases in which the views of lay members are different from those of the MCHK in the past three years.
PRESIDENT (in Cantonese): Dr LEUNG, the Secretary understands your request.
DR ELIZABETH QUAT (in Cantonese): President, many people have to wait a long time to seek medical consultation, and the Government also admits that there is a shortage of medical personnel. However, members of the MCHK have publicly stated in the media that there were many medical practitioners in Hong Kong and there was no shortage of manpower. This inevitably gives many people the impression that the MCHK has control over the qualifications of medical practitioners who want to practise in Hong Kong. The Secretary has pointed out earlier that a major review would be conducted. I would like to know when the review will be completed and how to change people's impression of "doctors harbouring each other", and the MCHK obstructing other medical practitioners from practising in Hong Kong?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, the review I mentioned just now will be conducted by the steering committee set up to review the manpower of healthcare professionals. The scope of work of the steering committee covers all healthcare personnel who are subject to registration, including medical practitioners, dentists, Chinese medicine practitioners, nurses and five other allied health professional grades. So, the review will take some time, but we will give priority to expeditiously deal with the professions with a LEGISLATIVE COUNCIL ─ 2 July 2014 15753 more serious shortage of manpower, including medical practitioners, nurses, and so on. Regarding the framework for the regulation of medicine practitioners which Members are interested to discuss today, we have commissioned a study by The Chinese University of Hong Kong. Once the study is completed and a conclusion is drawn, we would provide our views on the direction of future reform as soon as possible.
PRESIDENT (in Cantonese): Dr QUAT, has your supplementary question not been answered?
DR ELIZABETH QUAT (in Cantonese): The Secretary has not answered …
PRESIDENT (in Cantonese): Please repeat your supplementary question.
DR ELIZABETH QUAT (in Cantonese): … when the study will be completed. President, there are many people waiting for somebody to save their lives …
PRESIDENT (in Cantonese): You do not need to explain any more. You asked the Secretary to give an exact timetable and the Secretary has already replied. Secretary, do you have anything to add?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, I have nothing to add.
MR TAM YIU-CHUNG (in Cantonese): President, a high-level steering committee chaired by the Secretary will conduct a review on human resources, will it also review the situation of dentists? Besides, some overseas medical practitioners would like to sit for the examination in Hong Kong, but they are deterred due to the wide coverage of the examination. Will the Secretary also review this issue?
15754 LEGISLATIVE COUNCIL ─ 2 July 2014
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, this supplementary question contains two parts. First, I may have been left out dentist in my earlier reply. As the scope of our review covers all healthcare grades regulated by registration according to the law, it will, in other words, also cover dentists.
Second, the contents of the examination are not within the framework of the review, but we have maintained communications with the MCHK, and the MCHK reviews the examination from time to time. Of course, the scope of the examination covers the frequency, arrangements and contents as I have just mentioned. In fact, the MCHK has conducted regular reviews.
MISS ALICE MAK (in Cantonese): President, at present, the MCHK is most seriously criticized for the long period of time taken to conduct inquiries. Patients or their families who make claims have to wait for an extended period of time. Even though the MCHK has put forward some proposals, including the appointment of lay assessors; will the Government consider setting up a complaint mechanism outside the MCHK, so as to provide patients a more convenient channel for lodging complaints, including complaints against professional misconduct of medical practitioners?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): Regarding the last sentence in Miss MAK's supplementary question, I am still considering. About the professional conduct of medical practitioners as she has mentioned, the MCHK is undoubtedly duty-bound to deal with the matter under the legal regulatory framework.
At present, when patients and members of the public are dissatisfied with some healthcare services, they can lodge complaints through different channels. If the cases are related to public hospitals, there is a two-tier complaint mechanism under the HA, including the Public Complaints Committee which has lay representatives. If members of the public are dissatisfied with the quality of healthcare services, either the subjects of complaints are public or private medical practitioners, civil proceeding may be initiated if negligence in caring is involved. Currently, there are very explicit channels. If the complaints involve the HA or administrative matters, the HA already has a two-tier complaint mechanism; if the complaints are about professional conduct, they will be handled by the MCHK; and if civil proceeding may be initiated, the claims for compensation will be handled by the Court.
LEGISLATIVE COUNCIL ─ 2 July 2014 15755
PRESIDENT (in Cantonese): Second question.
(Mr Albert CHAN stood up)
MR ALBERT CHAN (in Cantonese): President, I hope you … before Mr Jeffrey LAM speaks …
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
PRESIDENT (in Cantonese): Mr Jeffrey LAM, please raise your question.
Control on Number of Visitors to Hong Kong
2. MR JEFFREY LAM (in Cantonese): President, it has been reported that at a meeting of the Commission on Strategic Development held last month, the Chief Executive raised the issue of reducing the number of Mainland people visiting Hong Kong under the Individual Visit Scheme (IVS visitors) to seek the views of Commission members. In this connection, will the Government inform this Council:
(1) according to the studies conducted by the authorities, of the feasible ways to control the number of visitors to Hong Kong and the relevant details;
(2) whether it has assessed in detail the impacts of a reduction in the number of IVS visitors by 10% to 30% on Hong Kong's economy and people's livelihood; if it has, of the details; if not, the reasons for that; and
(3) given that the number of visitors to Hong Kong during this year's Labour Day Golden Week holidays has dropped as compared to that in the same period last year, and some members of the tourism 15756 LEGISLATIVE COUNCIL ─ 2 July 2014
industry have pointed out that there has been a downward trend in the spending power of visitors to Hong Kong in recent months, whether the authorities will, in response to these latest developments, revise its forecast on the number of visitors to Hong Kong and the contribution of IVS visitors to Hong Kong's economy for this year?
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): President, tourism is an important pillar of Hong Kong's economy, accounting for 4.7% of our Gross Domestic Product, of which 3.9% is attributed to inbound tourism. On the other hand, the tourism industry also offers 250 000 direct employment opportunities, of which around 220 000 are related to inbound tourism, and most of the jobs are for the grassroots and with relatively lower skill requirements. It can be seen that inbound tourism contributes significantly to Hong Kong's economy and employment opportunities.
The HKSAR Government attaches great importance to the long-term and healthy development of Hong Kong's tourism industry. At the same time, we understand the community's concern about the impact of the continuous growth in visitor arrivals on people's livelihood. Therefore, we have been adopting a realistic and pragmatic attitude in handling tourism-related issues. Over the past period, the HKSAR Government has done much work on various fronts for this issue, which included an announcement by the Chief Executive in September 2012 that the relevant Mainland authorities would liaise and work closely with the HKSAR Government to ascertain the receiving capacity of Hong Kong before considering implementing multiple-entry Individual Visit Endorsements for non-permanent residents of Shenzhen, and arranging the orderly issuance of exit endorsements for non-permanent residents in six cities. After that, the HKSAR Government also comprehensively assessed Hong Kong's capacity to receive tourists. Following the completion of the Assessment Report on Hong Kong's Capacity to Receive Tourists (Assessment Report) at the end of last year, the HKSAR Government is making great efforts to enhance Hong Kong's capacity to receive tourists along the recommendations in the Assessment Report, including the expansion of the two theme parks, the commissioning of the second berth of the Kai Tak Cruise Terminal, and so on. We will also continue to adopt a multi-pronged approach to increase the supply of hotel rooms, with a view to fostering the long-term and steady development of our tourism industry.
The continuous growth in the number of visitors inevitably brings inconvenience to the daily lives of local residents (especially those living in LEGISLATIVE COUNCIL ─ 2 July 2014 15757 individual districts). Taking into account the community's continued concern about Hong Kong's capacity to receive tourists, the Chief Executive indicated in April this year that the HKSAR Government was looking into ways to adjust the growth in visitor arrivals and their composition, and would announce the outcome as soon as possible upon discussion with the Central Government and relevant Mainland authorities. On this, we have been listening to and gathering different views from different sectors of the community on the policy for Mainland visitors to visit Hong Kong over the past period. In the past one to two years, we have heard views from some members of the public advocating reduction of the number of Mainland visitors. Some Legislative Council Members even suggested that the multiple-entry Individual Visit Endorsements for permanent residents of Shenzhen be abolished altogether and that the number of visitors under the Individual Visit Scheme (IVS) be reduced substantially. We notice that, by making their proposals, these people only aimed for a substantial reduction of the number of visitors, without analysing the impact of their proposals, if implemented, on the economy.
(THE PRESIDENT'S DEPUTY, MR ANDREW LEUNG, took the Chair)
The HKSAR Government has all along been stressing that in considering the issues of visitor arrivals and their composition, we must, at the same time, analyse objectively the impact of the adjustment measures on Hong Kong's overall economy. Let me provide again the visitor arrivals in 2013 as a reference. Out of the 40.75 million Mainland visitors, about 42% were overnight visitors while 58% were same-day visitors. The average per capita spending by these two types of visitors during their stay in Hong Kong was $8,937 and $2,721 respectively. The average per capita spending by overnight IVS visitors from places outside Guangdong Province even reached $14,311. Therefore, in considering ways to adjust the growth in visitor arrivals, we should not only focus on the number. We must, at the same time, consider the composition of visitors, including the target of adjustment, the type of visitors, for example, whether we wish to reduce the number of overnight or same-day visitors, and so on, so as to assess the related economic impact.
In the recent month, we began to receive more balanced views suggesting that we should not handle the problems arising from the number of Mainland visitors in an across-the-board manner. Among these views, some suggested 15758 LEGISLATIVE COUNCIL ─ 2 July 2014 that we should work on the multiple-entry Individual Visit Endorsements, including making adjustments to set the limit at "one trip per day", "certain trips per endorsement", and so on. On the other hand, the Government announced earlier that the statistics of retail sales for April this year recorded the largest reduction since February 2009. In addition, there was also a drop in the number of Mainland visitor arrivals and Mainland inbound group tours during the Labour Day Holiday. All these developments have made some members of the trade very concerned about the impact of reduction in visitor arrivals on the retail market as well as the overall economy. According to some recent media reports, the owners of retail shops in some districts indicated that the visitor flow had reduced recently, and were worried that any adjustment in the number of visitors under the IVS would impact on their business. Meanwhile, the hotel trade suggested that the target of adjustment should not include high-spending overnight, business or leisure visitors; otherwise the impact on the hotel industry would be significant. It is exactly because of the examples mentioned above that we have to consider carefully the directions towards which to adjust the number of visitors and improve their composition.
The Central Government is very concerned about Hong Kong's capacity to receive tourists and does not want the harmonious relationship between the residents of Mainland and Hong Kong to be affected by excessive visitor arrivals. The HKSAR Government met with the Hong Kong and Macao Affairs Office of the State Council on 23 June and relayed different views of the Hong Kong community on the IVS to the Central Government. The Central Government has heard the views of the Hong Kong community. The measures to fine-tune and improve the arrangements under the IVS are still being discussed and there is no conclusion reached at this stage. Therefore, we encourage different sectors of the community to continue to seize the time to have extensive and serious discussions and give specific recommendations. The HKSAR Government will continue to liaise and exchange views with the Central Government and relevant Mainland authorities, so that …
(Mr Albert CHAN stood up)
MR ALBERT CHAN (in Cantonese): Deputy President, sorry to interrupt the Secretary's speech. I request a headcount.
LEGISLATIVE COUNCIL ─ 2 July 2014 15759
DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(While the summoning bell was ringing, Mr WONG Ting-kwong expressed some views to the Deputy President. Mr Albert CHAN stood up and retorted loudly)
DEPUTY PRESIDENT (in Cantonese): Mr CHAN, please be seated, this is not the time for making speeches.
(Some Members spoke loudly in the Chamber)
DEPUTY PRESIDENT (in Cantonese): Please keep quiet.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
DEPUTY PRESIDENT (in Cantonese): Secretary for Commerce and Economic Development, please continue with your reply.
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): Deputy President, the HKSAR Government will continue to liaise and exchange views with the Central Government and relevant Mainland authorities, so that the adjustment measures eventually implemented by the Central Government would better meet the long-term and overall interests of Hong Kong.
MR JEFFREY LAM (in Cantonese): Deputy President, while it is true that IVS visitors have created problem of overcrowdedness in certain districts, causing nuisances to residents of certain districts, we cannot deny the contribution of the IVS policy to Hong Kong's economy. Deputy President, the Secretary's main reply has not clarified if the Government has assessed the economic implication of reducing the number of IVS visitors by 10% to 30%; whether the policy on multiple-entry Individual Visit Endorsements will be revised, and if it will, how can it achieve the target of reducing the number of IVS visitors by 10% to 30%; 15760 LEGISLATIVE COUNCIL ─ 2 July 2014 and how many trips would do if "52 trips per endorsement" fails to meet the target?
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): I thank Mr Jeffrey LAM for his supplementary question. On this, consideration will be made from two perspectives. First, it is the number of visitors, and second, it is the composition of visitors. Members may notice that the retail sales for April have dropped and recorded a 9.8% reduction in absolute terms. We therefore think that apart from the impact on people's livelihood, the economic implication should also be considered. A broad-brush approach may bring adverse effects to the economy, and we wish to avoid fluctuating data so as to enable Hong Kong to develop in a steady manner. In this connection, we hope that the trade and members of the public will express more views and put forward concrete proposals for consideration by the Central Government.
MR JEFFREY LAM (in Cantonese): Deputy President, the Secretary has not answered my supplementary question. I asked about the economic implication, but he merely replied that there would be adverse effects, which is known to all …
DEPUTY PRESIDENT (in Cantonese): The Secretary has answered. If necessary, you may follow up on other occasions.
DR LAU WONG-FAT (in Cantonese): Deputy President, I wish to ask the Secretary whether the retail industry will suffer even greater misery if the SAR Government introduces measures to reduce the number of IVS visitors at this juncture when Mainland visitors and tourists have reduced and the retail industry is pouring out a lot of grievances?
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): I thank the Member for his supplementary question. As I have said earlier on, the retail sales for April have dropped and I think Members would be very concerned about the trend of the retail sales for May to be released tomorrow. Regarding the reduction in the number of inbound tourists as LEGISLATIVE COUNCIL ─ 2 July 2014 15761 mentioned above, Members may notice the statistics of inbound tourists for May just released by the Hong Kong Tourism Board (HKTB), and I can provide some figures for Members' reference.
In May, the total number of visitors has actually recorded a growth of 10.8%, reaching 4.59 million. Among them, the number of Mainland visitors has increased by 13.1% and the number of visitors arriving on multiple-entry Individual Visit Endorsements has increased by 21.2%. On the other hand, retail sales have dropped, which showed that a new consumption pattern has emerged among inbound tourists. This warrants our close attention and corresponding adjustments. I have therefore highlighted in the main reply the need for concrete proposals to be drawn up for adjusting the target number and composition of inbound tourists in case a reduction has to be made, for example, whether overnight or same-day visitors, or tourists from a specified area should be reduced. Detailed analysis should be made in this regard.
MR ABRAHAM SHEK (in Cantonese): Deputy President, although Mr LAM has raised a number of questions, the Secretary has not replied. In the fourth paragraph of the main reply, the Secretary has highlighted in particular that out of some 40 million Mainland visitors, about 42% were overnight visitors while 58% were same-day visitors, but he has not explained why more than 24 million were same-day visitors. The point is, if the Government had encouraged the construction of hotels, the percentage of same-day visitors would not be as high as 58%. Is this attributable to the insufficient supply of hotel rooms? The Government has not introduced any policy to encourage the construction of hotels due to its bureaucratic way of doing things, and this has deterred many investors who intended to build hotels. Will the Government review its policy to expedite the construction of hotels? This is the first point.
Secondly, will the Secretary inform us of the number of hotel rooms available in the coming two years? Macao has drastically increased the supply of hotel rooms in the past decade, therefore it does not have problems with hotel rooms even though it is much smaller than Hong Kong.
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): I thank Mr Abraham SHEK for his supplementary question. The Government has been very concerned about Hong Kong's receiving capacity, 15762 LEGISLATIVE COUNCIL ─ 2 July 2014 especially the supply of hotel rooms. Let me provide some statistics as follows: In the past 10 years, the total supply of hotel rooms in Hong Kong has increased from 38 100 to over 70 000 in 2013, representing an increase of 84%, which is a very substantial and significant growth over the past decade. In the next few years, it is predicted that the total number of hotel rooms will increase from the current 70 000 to 84 000 in 2017. We will continue to liaise with different stakeholders, including the hotel sector, and keep a close watch on the demand for and supply of hotel rooms.
Specifically, the measures that the Government has adopted to increase the supply of hotel rooms include: firstly, introduced a number of "hotel only" schemes since 2008, and secondly, launched the revitalization of industrial buildings and the Revitalizing Historic Buildings Through Partnership Scheme, whereby Mei Ho House, for example, has been revitalized as youth hostel. All these have increased the hotel capacity of Hong Kong. Furthermore, as we all know, the two theme parks are launching their hotel expansion plans in full steam, with a view to providing about 1 200 hotel rooms in 2017. Also, we have recently announced that the huge site within the Kai Tak Runway Precinct has been earmarked as "hotel belt", and six sites within the Runway Precinct will gradually be released to the market from late 2015 onwards.
MR CHAN HAK-KAN (in Cantonese): Deputy President, on the question of whether the policy to set limit on the multiple-entry Individual Visit Endorsements can combat parallel traders, I am certainly glad to see that the policy works. And yet, I am pretty worried that before the policy is introduced, we might have fallen victims to the change before there are benefits to be reaped. This is because many parents of Hong Kong-born cross boundary students told me that they have to cross the boundary many times a day to bring their children to and from school. May I ask the Secretary if he has noticed these situations when considering the introduction of the policy of "one trip per day" or "one trip per week", and obtained the relevant data? And, will he provide exemption for the parents of Hong Kong-born cross boundary students to facilitate them to bring their children to and from school?
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): I thank Mr CHAN Hak-kan for his supplementary question. The main purpose of adjusting the number and composition of visitors is not to LEGISLATIVE COUNCIL ─ 2 July 2014 15763 combat parallel traders, because the Hong Kong Customs and Excise Department has already put in place a number of effective measures to combat parallel traders in conjunction with other enforcement departments, and they have achieved certain effects. This time, our focus is the implication on livelihood facilities and the livelihood issues, and how to strike a balance with economic development. We will therefore take into consideration frequent cross-boundary activities or needs and make the appropriate adjustments. As I have said in the main reply, no conclusion has been reached. We will certainly consider the need of some people for immigration convenience measures.
MR CHRISTOPHER CHEUNG (in Cantonese): The Government said that issues relating to the IVS must be liaised with the Central Government or the relevant Mainland authorities. Last week, the Secretary went to Beijing to meet with officials of the Hong Kong and Macao Affairs Office (HKMAO) and the Ministry of Public Security. What was the meeting about? Have the authorities clearly relayed the concern of the industry over the reduction of IVS visitors? Apart from controlling the number of visitors, is there any other ways to regulate the range and period of movement of visitors, say, encouraging more visitors to come to Hong Kong during low season and organizing events with distinctive features to enhance Hong Kong's receiving capacity?
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): I thank Mr Christopher CHEUNG for his supplementary question. As I have said when I answered a related question last time, Article 22(4) of the Basic Law stipulates that people from other parts of China must apply for approval for entry into the HKSAR. Also, according to the interpretation made by the Standing Committee of the National People's Congress in 1999, whoever wish to enter the HKSAR for whatever reason, have to apply to the relevant authorities of their residential districts for approval in accordance with the relevant national laws and administrative regulations. Therefore, we must co-ordinate with the Central Authorities as this is a policy of the Central Government.
The working meeting held with the HKMAO last week was not only attended by officials from the HKMAO, but also officials from the Ministry of Public Security, and we examined a number of tourism issues and exchanged various views. At the meeting, many concrete views were put forward and there 15764 LEGISLATIVE COUNCIL ─ 2 July 2014 were ample discussions on the recent proposals made by Hong Kong residents, for example, to work on the multiple-entry Individual Visit Endorsements by setting limit at "one trip per day" or "certain trips per endorsement". As the discussion is still ongoing, no conclusion has been reached. With regard to visitors, we will certainly explore with the HKTB the possibility of encouraging more high-value added visitors to come to Hong Kong during low season and organizing more distinctive activities to boost the overall attractiveness of local tourism.
DR PRISCILLA LEUNG (in Cantonese): Deputy President, there are different kinds of Hong Kong people. While a small group of people are driving tourists away by describing them as "locusts", many people are eager to send a kind message to express Hong Kong people's friendliness towards tourists …
(Mr Albert CHAN stood up)
MR ALBERT CHAN (in Cantonese): Deputy President, I request a headcount.
DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
DEPUTY PRESIDENT (in Cantonese): Dr LEUNG, please continue.
DR PRISCILLA LEUNG (in Cantonese): Deputy President, parliamentary work is not a game. I have just received a number of messages from members of the public expressing their wish to hear complete questions and comprehensive replies from the Secretary. They wonder if the IVS issue is not a matter of public concern.
LEGISLATIVE COUNCIL ─ 2 July 2014 15765
DEPUTY PRESIDENT (in Cantonese): Please raise your supplementary question.
DR PRISCILLA LEUNG (in Cantonese): Deputy President, I therefore hope that you will allow us to finish putting the questions.
Concerning the IVS issue, many people have indicated that they do not agree with the "anti-locust" and "driving tourists away" campaigns, or any act to insult Mainland visitors, as this would hurt each other's feelings and undermine the future development of local tourism. Since a few radicals have insulted the visitors and brought adverse effects, some visitors have decided not to come to Hong Kong again considering the uncivilized acts of Hong Kong people. I therefore eagerly hope that the Government will tell us if it will formulate some policies to provide kind assistance to visitors upon their arrival to enhance their understanding of Hong Kong's culture …
DEPUTY PRESIDENT (in Cantonese): Please raise your supplementary question.
DR PRISCILLA LEUNG (in Cantonese): … and educate Hong Kong people not to treat visitors in a malicious manner. After all, formulation of a policy is a separate issue, and it has nothing to do with the relations between people of the two places and our attitude towards Mainland visitors. I hope that the Government will reply if it will, policy-wise, proactively deal with the hatred between people of the two places.
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): I thank Dr LEUNG for her supplementary question. Hong Kong is Asia's World City and we welcome visitors from all over the world to come for the purpose of business or sightseeing. It is believed that Hong Kong people will continue to warmly welcome visitors from different parts of the world and ensure that they have an enjoyable experience.
I also agree with Dr LEUNG that the series of "anti-locust" campaigns did antagonize Mainland visitors and undermine their incentives to tour around or spend money in Hong Kong. And yet, the issue under discussion is an 15766 LEGISLATIVE COUNCIL ─ 2 July 2014 adjustment of the number and composition of visitors, which I believe Mainland people would understand this does not mean we do not welcome Mainland visitors. Instead, we are striving to develop local tourism in a healthy and orderly manner in accordance with the actual situation and the capacity of local facilities. Thus, the SAR Government will continue to make greater effort to enhance Hong Kong's receiving capacity, and continue to join hands with the HKTB to promote our hospitality image. As a matter of fact, the HKTB has not only promoted local tourism …
(Mr Albert CHAN stood up)
MR ALBERT CHAN (in Cantonese): Deputy President, please do a headcount.
DEPUTY PRESIDENT (in Cantonese): Mr CHAN, you have interrupted the public officer's reply. Although you have the right to request a headcount, you should let the public officer finish his reply.
MR ALBERT CHAN (in Cantonese): Deputy President, I want you to elucidate the Rules of Procedure …
DEPUTY PRESIDENT (in Cantonese): I understand that according to the Rules of Procedure, Members have the right to request a headcount, but you can by all means put forward your request after a public officer makes a reply or after a Member puts a question. The Secretary will only have a few more words to say before finishing his reply, can you wait for a little while?
MR ALBERT CHAN (in Cantonese): Deputy President, I have no idea when he will finish his reply. I think his reply is very important to Members who are not present at the meeting …
DEPUTY PRESIDENT (in Cantonese): It seems that you have just returned to the Chamber, so how do you know that the Secretary's reply is very important when you were not present?
LEGISLATIVE COUNCIL ─ 2 July 2014 15767
MR ALBERT CHAN (in Cantonese): His reply sounds very important to me and so I rushed back to listen to him. As the Secretary's reply is so important …
DEPUTY PRESIDENT (in Cantonese): I did not see you rush in. Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
DEPUTY PRESIDENT (in Cantonese): Secretary for Commerce and Economic Development, please continue with your reply.
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): Deputy President, it is true that I only have one more sentence to say. Apart from making use of the conventional promotion channels, the HKTB has also made use of other channels in recent years, such as the Internet, social media, smartphone applications with augmented reality technology and pamphlets to promote various attractions in Hong Kong and our hospitality culture.
DEPUTY PRESIDENT (in Cantonese): Dr LEUNG, which part of your supplementary question has not been answered?
DR PRISCILLA LEUNG (in Cantonese): I have put a very concrete question to the Secretary about the distribution of leaflets in the border areas given that not everyone has a smartphone. Through these leaflets, visitors can be reminded of certain taboos in Hong Kong, as in the case we would be reminded of the culture and taboos of the Middle East when we go there …
DEPUTY PRESIDENT (in Cantonese): Dr LEUNG, you have clearly stated the part of the supplementary question that the Secretary has not answered. Secretary, please reply.
15768 LEGISLATIVE COUNCIL ─ 2 July 2014
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): Deputy President, just now, I have already mentioned the distribution of pamphlets.
DEPUTY PRESIDENT (in Cantonese): Third question.
Meal Break Arrangements for Ambulancemen
3. MRS REGINA IP (in Cantonese): Deputy President, the Hong Kong Fire Services Department Ambulancemen's Union (the Union) has relayed to me that the front-line ambulancemen have a meal break of 30 minutes only, which is often interrupted by service calls. If ambulancemen are called out during the designated meal break periods before they have taken a continuous 30-minute meal break, they may be compensated with another 30-minute meal break afterwards (compensatory meal break). However, to ensure that the provision of service will not be affected, the Fire Services Department (FSD) has set quotas for two periods of time, that is, from 1 pm to 2 pm and 3 am to 4.30 am, to restrict the number of ambulancemen taking compensatory meal breaks during these periods. In this connection, will the Government inform this Council:
(1) given that at present, some ambulancemen may have meal breaks within the designated three-hour period, of the operational details of such an arrangement, including ways to ensure that the meal breaks of ambulancemen will not be interrupted by service calls;
(2) as some ambulancemen have pointed out that the present quotas for compensatory meal breaks are inadequate, with the result that some ambulancemen need to unduly defer their meal breaks or even give up applying for compensatory meal breaks, and such a situation will deal a blow to the morale of ambulancemen and jeopardize their health in the long run, whether the FSD will make improvements to the arrangements for compensatory meal breaks; if it will, of its specific proposals; and
(3) whether it will consider increasing the number of ambulance depots and ambulancemen manpower in those operational regions with higher turnout rates, in order to improve the situations that meal LEGISLATIVE COUNCIL ─ 2 July 2014 15769
breaks of ambulancemen are often interrupted and the quotas for compensatory meal breaks are insufficient; whether the Government will consider the proposal put forward by the Union of setting up a round-the-clock oncall special support team in each operational region, so that there will be additional resources of ambulances and ambulancemen to cope with the service demand when certain ambulance depot is unable to deal with the emergency calls within its service area; if it will, of the details; if not, the reasons for that?
SECRETARY FOR SECURITY (in Cantonese): Deputy President, as in the cases of many other disciplined services staff, the scheduled meal breaks of front-line ambulancemen of FSD may be interrupted because of the need to discharge emergency duties. In ensuring the provision of emergency ambulance services to the public at all times, the FSD also has to make reasonable meal break arrangements for its front-line staff. To this end, the FSD been maintaining discussions with its front-line staff and made efforts to adopt measures to improve the arrangements progressively where operationally practicable and resources permit, with a view to striking a balance between the provision of emergency ambulance services and the safeguarding of the welfare of the ambulancemen.
My reply to various parts of the question is as follows:
(1) The designated meal break period are either 11 am to 1 pm, or 11.30 am to 1.30 pm for FSD's ambulancemen on day shift. As regards ambulancemen on night shifts, the designated meal break period is between midnight and 3 am.
Ambulancemen may take turns to have meals during the above designated meal break periods. The Fire Services Communication Centre also accords a lower dispatch priority to ambulancemen not having taken their meals so as to facilitate them to have meals. If ambulancemen are called out during the designated period before they have taken a continuous 30-minute meal break, they may be compensated with another 30-minute meal break within that period. If such a meal break is interrupted again owing to the need to attend to service calls, they may take a 30-minute compensatory meal break after the designated period, during which they will be free from 15770 LEGISLATIVE COUNCIL ─ 2 July 2014
attending to ambulance calls. To ensure that the provision of service will not be affected, the FSD has introduced a quota system for compensatory meal breaks from 1 pm to 2 pm for day-shift ambulances and from 3 am to 4.30 am for night-shift ambulances to guard against the unavailability of a large number of ambulancemen to attend to service calls at the same time because of their need to take meals. The quota system is not applicable to other periods of time.
(2) With the implementation of measures in recent years, there has been considerable improvement in the meal break arrangements for ambulancemen. The percentage of day-shift ambulancemen having a continuous meal break of at least 30 minutes in the designated period has increased from 76% in 2009 to 85%(1) in 2013. The percentage of ambulancemen who were unable to have a meal break during the designated period and thus having a compensatory meal break after the period has also dropped from about 20% in 2009 to some 10% in 2013. In 2013, 95% of ambulancemen on night shift were able to have meal break during the designated period, with only 2% of ambulancemen using the quota of the compensatory meal break.
To further improve the meal break arrangement for the ambulancemen, the FSD has launched a six-month trial scheme on 1 July this year to increase the quota for compensatory meal breaks of day-shift ambulancemen and allow for a lower dispatch priority for those who are not allocated with a compensatory meal break quota by using the relevant code. In addition, the FSD is designing a computer system to collect detailed data on the actual duration of meal break taken by individual ambulance crews in the designated period, with a view to achieving more effective deployment of manpower and further enhancing the meal break arrangements.
(3) From the year 2008-2009 to 2013-2014, the establishment of the Ambulance Stream had increased by some 16% (that is, 373 members of the Ambulanceman grade). The number of ambulance calls increased by some 10% from 2008 to 2013. The average
(1) It includes those having a continuous 30-minute meal break for their first meal and those with their first meal interrupted but subsequently having another continuous 30-minute meal break. LEGISLATIVE COUNCIL ─ 2 July 2014 15771
number of ambulance calls handled by each ambulance dropped from 2 490 in 2008 to 2 227 in 2013, representing a decrease of approximately 11%. The response time performance also improved from 92.2% in 2008 to 94.4% in 2013. In 2014-2015, the FSD will create 61 Ambulanceman posts to cope with the increase in demand for ambulance service.
To provide better support for front-line ambulancemen, the FSD established the Special Support Unit (SSU) in early April this year, with 24 ambulance staff members deployed at Kowloon East and New Territories South to enhance the efficiency of emergency ambulance services and handle potential high-risk incidents to cope with the demand arising from festive occasions and major incidents. It also helps to meet service demand during peak periods.
The FSD will continue to closely monitor the changes in demand for emergency ambulance service in various districts, and seeks additional ambulance resource timely and deploy them flexibly to improve the services.
MRS REGINA IP (in Cantonese): Deputy President, I am glad to learn from the Secretary that the FSD has allocated additional resources to implement various improvement measures so that more ambulancemen can have their meals within the designated meal break periods.
I would like to ask the Secretary whether studies have been undertaken in relation to the meal break arrangements of other disciplinary forces. Just now, the Secretary said that given the emergency nature of their work, ambulancemen may have to sacrifice their meal time whenever they are called out. That said, what about the situation of other disciplinary forces? Which disciplinary forces should also have the relevant arrangements improved?
SECRETARY FOR SECURITY (in Cantonese): Deputy President, my reply is that as the nature of work performed by individual disciplinary forces varies, the way they attend service calls would also vary. Hence, they have different arrangements. Some disciplinary forces would make special adjustments to the duty hours of different shifts to allow for staggering meal breaks. As far as 15772 LEGISLATIVE COUNCIL ─ 2 July 2014 ambulancemen are concerned, they work in shifts of 12 hours. The 12-hour shift system has long been adopted by the FSD for it has been proven by experience that such system is more efficient for both the staff themselves as well as the department as regards the better use of resources. Given their different operational needs, individual disciplinary forces will have their own arrangements.
As far as I understand, more frequent shifts are adopted for some disciplinary forces and hence, meal breaks may be included in certain shifts. Separately, longer shifts are also adopted by some disciplinary forces. But as they seldom need to deal with emergencies, the relevant problems do not exist.
We are well aware of the problems faced by ambulancemen. In the past, the department has been working on these problems through different channels as it is our hope that timely services can be provided to members of the public who require emergency ambulance services. This point is very important. Separately, the FSD has strived to improve the allocation of existing resources. As a result, we have launched the proposals as I have just outlined. As far as this problem is concerned, we will maintain communication with the staff, in the hope that we can further improve the current system continuously.
MR JAMES TO (in Cantonese): In some departments, the staff complain that they do not have time to go to toilet; in the case of ambulancemen, they complain that they do not have time for meals. From the Secretary's replies, he seems quite complacent, thinking that much improvement has already been made. He also pointed out that the percentage of ambulancemen who could not have a continuous meal break of at least 30 minutes in the designated period had dropped from 24% in 2009 to 15% in 2013.
I hope the Secretary can understand that given the hard work of front-line staff and if they cannot even have a continuous meal break of 30 minutes ― mind you, we are only talking about 30 minutes ― should the Administration increase the manpower of ambulancemen and ensure that all of them can have meals within the designated periods when drawing up the duty roster?
If only 1% or 2% of ambulancemen cannot have meals within the designated periods, that is hardly surprising because emergencies can happen anytime, say, in case of a sudden natural calamity, all staff would be deployed to LEGISLATIVE COUNCIL ─ 2 July 2014 15773 attend to the service calls. Members can understand such situation. However, at present, there is still 15% of the staff who cannot take meals within the designated periods. Yet the Secretary seems quite pleased with the situation as much improvement has been made over the past few years. Should the Administration increase the manpower of ambulancemen so as to ensure that arrangements are made to allow all ambulancemen to take meals within the designated periods except under special circumstances?
SECRETARY FOR SECURITY (in Cantonese): Let me answer Mr TO's supplementary question. First of all, I never consider that the problem is more or less resolved because improvements have been made over the years. That is absolutely not the case.
As I have explained just now, about 15% of day-shift ambulancemen cannot have a continuous meal break of 30 minutes within the designated meal break periods. In day time, the quota system of compensatory meal break is only applicable for one hour, while there is no restriction for other times. In other words, if an ambulanceman cannot have a continuous meal break of 30 minutes within the three hours in the designated meal break periods (except the designated period between 1 pm to 2 pm), he may take a compensatory meal break. Of course, there is still room for improvement regarding this arrangement.
As I have pointed out in my reply to Mrs Regina IP's question just now, in April this year, an additional 24 ambulancemen ― calculated on the basis of three ambulancemen per ambulance, a total of eight ambulances are involved ― have been deployed to two districts to enhance the efficiency of emergency ambulance services. Work has been done by the Government in this regard.
Nonetheless, I hope Mr TO can understand that the provision of emergency ambulance services must always take priority. Under this premise, we must indeed identify other measures to improve the meal time arrangements of ambulancemen. For instance, the FSD is designing a new computer system to collect more accurate data about the duration of meal break taken by individual ambulance crews in each shift. It is hoped that by analysing the relevant data carefully, better solutions to the problem can be identified.
15774 LEGISLATIVE COUNCIL ─ 2 July 2014
DEPUTY PRESIDENT (in Cantonese): Mr POON Siu-ping, please ask your supplementary question.
(Mr Steven HO and Mr Albert HO stood up at the same time)
MR STEVEN HO (in Cantonese): Deputy President, point of order …
DEPUTY PRESIDENT (in Cantonese): If Members have a point of order, I hope they can point out exactly which Rule they are referring to.
(Mr Steven HO sat down to read the Rules of Procedure, and Mr Albert CHAN also sat down)
DEPUTY PRESIDENT (in Cantonese): Mr Albert CHAN, you have stood up just now. Do you have a point of order?
MR ALBERT CHAN (in Cantonese): Deputy President, the matter has been taken care of by another Member.
DEPUTY PRESIDENT (in Cantonese): He has done nothing of this kind as he has yet to make a point clearly.
MR ALBERT CHAN (in Cantonese): In that case, I will let the Deputy President proceed with this oral question.
DEPUTY PRESIDENT (in Cantonese): Mr POON Siu-ping, please ask your supplementary question.
MR POON SIU-PING (in Cantonese): Deputy President, notwithstanding our concern about the provision of emergency ambulance services, we must also be LEGISLATIVE COUNCIL ─ 2 July 2014 15775 mindful of the health of ambulancemen because their health would invariably be affected by inadequate meal time.
Just now, the Secretary mentioned that 61 Ambulanceman posts will be created by the FSD in 2014-2015. Separately, according to a consultancy study report on Hong Kong's emergency ambulance services, there is a shortfall of 107 members in the Ambulanceman grade. My supplementary question is: Notwithstanding the Secretary's statement in the last paragraph of the main reply that the department will seek "additional ambulance resource timely and deploy them flexibly to improve the services", whether the Bureau will increase the resources and manpower of the department in the near future? Or will the Bureau only consider increasing manpower after the completion of the six-month trial scheme?
SECRETARY FOR SECURITY (in Cantonese): Deputy President, the Government has an established mechanism to handle the requests for additional manpower from individual government departments, namely, the annual Resources Allocation Exercise. Regarding the FSD's emergency ambulance services, the Government will give detailed consideration each year taking into account public need, the handling capacity of the staff, and so on.
In 2014-2015, 61 posts will be created involving 10 ambulance shifts. Those are the additional posts created in this financial year. As I also mentioned just now, in April this year, we have increased the provision of 24 ambulancemen through resource deployment.
I understand Mr POON's concern, and we will strive to do more. But I want to point out that with efforts made over the years, we have basically managed to achieve the pledge to respond to 92.5% of emergency calls within the response time target, while the meal time arrangements of front-line ambulancemen have also been improved, as just stated by Mr James TO in his supplementary question. Improvements have indeed been made. Nonetheless, I do not mean that the problem has already been resolved. That is absolutely not the case. I can tell Members that we must still make extra efforts to deal with the problem.
(Mr Albert CHAN stood up)
15776 LEGISLATIVE COUNCIL ─ 2 July 2014
MR ALBERT CHAN (in Cantonese): Deputy President, I request a headcount under Rule 17(1) of the Rules of Procedure.
DEPUTY PRESIDENT (in Cantonese): It is incorrect for you to make the said request under Rule 17(1) of the Rules of Procedure. But as the Clerk has already rung the summoning bell, I will allow your request for a headcount.
MR ALBERT CHAN (in Cantonese): Deputy President, pardon me, the relevant rule should be Rule 17(3).
DEPUTY PRESIDENT (in Cantonese): That is also incorrect. Mr CHAN, although you have been a Member for many years, you still fail to have a clear understanding of the Rules of Procedure. You'd better reflect on it.
MR ALBERT CHAN (in Cantonese): Deputy President, as I have presbyopia, I must take down my glasses before I can read the words clearly.
DEPUTY PRESIDENT (in Cantonese): If you have presbyopia, you should perhaps consider retirement.
MR ALBERT CHAN (in Cantonese): Deputy President, I can read the words now. "If the attention of the President is drawn to the fact that a quorum is not present, he shall …"
DEPUTY PRESIDENT (in Cantonese): You should invoke Rule 17(2) of the Rules of Procedure.
MR ALBERT CHAN (in Cantonese): Deputy President, please do a headcount by virtue of Rule 17(2).
(After the summoning bell had been rung, a number of Members returned to the Chamber)
LEGISLATIVE COUNCIL ─ 2 July 2014 15777
DEPUTY PRESIDENT (in Cantonese): Mr KWOK Wai-keung, please ask your supplementary question.
MR KWOK WAI-KEUNG (in Cantonese): Deputy President, if ambulancemen of the FSD can hear the Secretary's replies today, they would definitely be furious, just like Members present in the Chamber now.
In the first paragraph of his main reply, the Secretary referred to the need to strike a balance between the provision of emergency ambulance services and the safeguarding of the welfare of the ambulancemen. But what he actually means is that ambulancemen should put other people first and sacrifice their own well-being for the sake of the public's well-being. When he talked about recruiting additional manpower, he was just trying to give us some empty promises. From the perspective of ambulancemen, the issue will not be truly resolved so long as the authorities refuse to address or deal with the problem of manpower shortage squarely and strengthen the resources of the SSU.
If ambulancemen do not have adequate meal time or must work with an empty stomach, they will not have the physical strength to perform their duties. More importantly, it means that the Government has taken the lead to be an unscrupulous employer to contravene the requirements of occupational safety and health. As a meal time of 30 minutes is indeed insufficient because buying the meals will take at least half of the time …
DEPUTY PRESIDENT (in Cantonese): Mr KWOK, what is your supplementary question?
MR KWOK WAI-KEUNG (in Cantonese): My supplementary question is whether the authorities will allow ambulancemen to have one full hour of meal breaks? If so, when will this be implemented? If not, can the authorities take out the Ambulanceman grade from the FSD's establishment under the existing mechanism and allocate independent resources for resolving the relevant problems?
SECRETARY FOR SECURITY (in Cantonese): Mr KWOK, we must understand the fact that the provision of all emergency services is of critical importance. Of course, we must also be concerned about the need of 15778 LEGISLATIVE COUNCIL ─ 2 July 2014 ambulancemen in taking meals. But when there is a call for emergency ambulance services, I hope Members can understand that our priority will always be saving lives.
In my view, there is absolutely no relationship between the problem of inadequate meal time of ambulancemen and the suggestion just made by Mr KWOK about establishing a separate department. I am aware that the problem has been discussed by the parties concerned for a long time, and the FSD has also made a lot of efforts in this regard. For example, various arrangements have been introduced. As just mentioned by Mr KWOK and as I have also pointed out in my reply to Mrs Regina IP's question, we have established the SSU with a view to enhancing the efficiency of emergency ambulance services.
The question of whether a one-hour meal time can be provided has long been a subject of dispute. In my view, our priority task is to implement and improve the existing meal arrangements of ambulancemen through the new and more refined computer system being developed by the FSD. I consider that it is more important for us to focus on this area of work.
MR KWOK WAI-KEUNG (in Cantonese): Deputy President, please give your fair judgment. My supplementary question just now is very clear. I asked the Secretary whether consideration will be given to allow ambulancemen one full hour of meal breaks. But according to the Secretary's reply just now, no such consideration will be given. Then I must ask the Secretary to say clearly when this could be done. Because he has only replied that no such consideration will be given. My fellow workers will not accept this answer.
DEPUTY PRESIDENT (in Cantonese): Your supplementary question is very clear. Secretary, do you have anything to add?
SECRETARY FOR SECURITY (in Cantonese): Deputy President, I have already given a clear reply just now.
DEPUTY PRESIDENT (in Cantonese): Fourth question.
LEGISLATIVE COUNCIL ─ 2 July 2014 15779
Offsetting of Severance Payments and Long Service Payments with Accrued Benefits of MPF Schemes
4. MISS CHAN YUEN-HAN (in Cantonese): Deputy President, under the Mandatory Provident Fund Schemes Ordinance, an employer may use the accrued benefits derived from his contributions to a Mandatory Provident Fund (MPF) scheme for an employee to offset the severance payments (SP) or long service payments (LSP) payable to that employee under the Employment Ordinance (the offsetting arrangement). The Chief Executive pledged in his election manifesto that "we will adopt measures to progressively reduce the proportion of accrued benefits attributed to employer's contribution in the MPF account that can be applied by the employer to offset long-service or severance payments". In this connection, will the Government inform this Council:
(1) as the Chief Executive indicated at the Question and Answer Session on 22 May that the Government could not initiate any legislative amendment exercise before the community had reached a consensus on the abolition of the offsetting arrangement, whether it has assessed if this reflects that the Chief Executive has no intention to fulfil his election pledge to initiate work on the abolition of the offsetting arrangement within his current term;
(2) whether it will take the lead to cease incorporating the offsetting arrangement into the terms of employment of non-civil service contract (NCSC) staff, and require that the contracts made between government outsourced service contractors and their employees must not include the offsetting arrangement; and, at the same time, establish dedicated funds for reimbursement of expenses on making, on the premise of not offsetting MPF contributions, SP and LSP to the assistants and other staff members of Members; if it will, of the details; if not, the reasons for that; and
(3) whether it will establish an inter-departmental joint working group dedicated to handling and studying issues in relation to the abolition of the offsetting arrangement, and formulate a legislative timetable concerned, with a view to completing the legislative work on the abolition of the offsetting arrangement within the current term of the Government; if it will, of the details; if not, the reasons for that?
15780 LEGISLATIVE COUNCIL ─ 2 July 2014
DEPUTY PRESIDENT (in Cantonese): Which Secretary will reply?
(Mr Albert CHAN stood up)
MR ALBERT CHAN (in Cantonese): Deputy President, since this is a very important question, I request a headcount in accordance with Rule 17(2) of the Rules of Procedure to summon Members back to this Chamber.
DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(While the summoning bell was ringing, THE PRESIDENT resumed the Chair)
(After the summoning bell had been rung, a number of Members returned to the Chamber)
SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, the Government's reply to the question of Miss CHAN Yuen-han is set out below:
(1) The arrangement of offsetting SP and LSP against MPF accrued benefits arising from employer's contribution is an issue of concern to the community. It involves the interests of various stakeholders, affecting both the retirement benefits of employees and operating costs of employers. In fact, there have been opposing views on the offsetting arrangement among different sectors of the community since this issue has emerged. On the one hand, the labour sector actively requests abolishing the offsetting mechanism, such that the entire sum of MPF contributions from employers and the accrued benefits could be preserved to strengthen the retirement protection for employees. On the other hand, many business chambers, employers' organizations and enterprises oppose strongly the abolition of the "offsetting" arrangement. They consider that the abolition of the arrangement to use MPF contributions accrued for years to offset SP and LSP will not only seriously distort at one LEGISLATIVE COUNCIL ─ 2 July 2014 15781
stroke their provision of expenditure for retrenching and terminating the employment of employees, but will also significantly increase their operating costs. This will impose substantial financial burden on enterprises, especially small and medium-sized ones, and may deal a blow to their operations, or even affect employees' terms of employment and job opportunities.
At the Question and Answer Session of this Council on 22 May 2014, the Chief Executive stated clearly that the offsetting arrangement was a rather complicated issue and that there were different ways to deal with the offsetting mechanism gradually. Given that different approaches will have varying impact on employers and employees, the Government would need to continue to listen to the views of different sectors through the existing platforms and consider and examine the issue in a holistic and careful manner before deciding on the way forward.
(2) According to the Employment Ordinance (EO), under certain circumstances employers are obliged to pay SP or LSP to eligible employees. As the employers of NCSC employees, relevant bureaux and departments are required to follow the relevant EO stipulations in granting SP and LSP to NCSC staff employed by them. Before the community has reached a consensus on whether to revise the offsetting mechanism and the relevant legislative amendments are made, the Government will not change the existing arrangement of offsetting SP and LSP against MPF accrued benefits attributed to employer's contribution.
(3) Currently there are divergent views in the community on whether to change the offsetting arrangement. We will continue to listen to the views of various parties through existing channels. At the present stage, we have no plan to establish an inter-departmental joint working group dedicated to handling and studying the abolition of the offsetting arrangement.
MISS CHAN YUEN-HAN (in Cantonese): President, I think the Secretary is evasive and his reply has no factual basis at all. As seen from the Chief Executive's election manifesto, he had a very clear idea about how to deal with the offsetting arrangement, and I believe that at that time he was also aware of 15782 LEGISLATIVE COUNCIL ─ 2 July 2014 the divergent views in society. How can the Secretary give such an answer today? Since he does not represent the Chief Executive, he should tell us whether the Chief Executive intends to back out. However, as I see it, the Chief Executive has no intention to back out, but the Secretary conveys the message that the Chief Executive is avoiding to deal with the issue. Is that so? According to the words of the Secretary, the Government does not need to do anything and the Chief Executive needs not honour his pledges. He can just give the excuse that there is no consensus in society, and needs not take any action. I think the Government should take the lead by excluding the offsetting arrangement from the employment contracts of NCSC staff. Besides, should the Government provide us with certain funds so that the offsetting arrangement will be excluded from the contract of Members' assistants? Otherwise, these assistants will be in a rather difficult situation because their contracts are of a term of four years, and the present situation is not desirable. After listening to the Secretary's reply, I find that he does not understand that the Chief Executive has the intention to address this problem. What he is saying now seems to imply that the Government needs not address the problem. Is this the case?
President, I would like to ask the Secretary whether he represents the Chief Executive in making such a reply; if so, whether it means that the authorities do not intend to address the issue and they are evading their responsibility.
SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, I thank Miss CHAN for her supplementary question. The Government is highly concerned about this issue. As pointed out by the Chief Executive at the Question and Answer Session on 22 May, the Government would continue to listen to public views through various platforms, but as this issue is highly complicated and controversial, the Government must carefully take on board the views expressed and consider the issue in a comprehensive manner. We are serious in fulfilling the Chief Executive's pledge and we will spare no efforts in seeking the best way forward. During the process, we must explore with great care the steps to be taken. We are now performing the very important tasks of listening, analysing and making comprehensive considerations. We have absolutely no intention not to address the issue. The Chief Executive made it very clear on 22 May that we would continue to conduct studies, listen to the public views and explore every possible way.
LEGISLATIVE COUNCIL ─ 2 July 2014 15783
MR POON SIU-PING (in Cantonese): President, the Secretary said that the Government will continue to listen to the views of different sectors and consider and examine the issue in a holistic and careful manner before deciding on the way forward. He also said that at the present stage, there is no plan to establish an inter-departmental joint working group dedicated to handling and studying the abolition of the offsetting arrangement. As a matter of fact, the offsetting of the SP and LSP against MPF accrued benefits belongs to the ambit of the Financial Services and the Treasury Bureau while the Labour and Welfare Bureau is responsible for the labour and welfare policies. I would like to ask the Secretary whether the Labour and Welfare Bureau has studied if additional expenditure on caring for the elderly is needed as a result of the offsetting of the MPF benefits, and whether it is prepared to review the impact of the offsetting arrangement on social welfare?
SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, at the present stage, we have not yet conducted such detailed analysis as suggested by Mr POON, but as I have said, we will examine the way forward after listening to the views of various sectors and these are also other factors for consideration in the process. Of course, I have also mentioned that the operation of the offsetting arrangement will impact the MPF. Secretary Prof K C CHAN is also present today. The two Policy Bureaux are studying this issue together. Hence, Members can see that the Government are greatly concerned about this issue.
MR TANG KA-PIU (in Cantonese): President, after the Policy Address was delivered on 22 January this year, there were rumours that the Chief Executive at first intended to write a few words on this issue in the Policy Address, but ultimately did not do so. Hence I raised an oral question on this subject, and it was the Secretary for Financial Services and the Treasury, Prof K C CHAN, who answered my question. I do not know why today, it is Secretary Matthew CHEUNG who answers this question. My supplementary question is about the factors for consideration by the Government, and whether is it Secretary Matthew CHEUNG or Secretary Prof K C CHAN who will take the lead in reviewing the policy or implementing the Chief Executive's political platform in this respect?
PRESIDENT (in Cantonese): Which Secretary will reply? Secretary for Labour and Welfare, please reply.
15784 LEGISLATIVE COUNCIL ─ 2 July 2014
SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, the arrangement of the Government is that Secretary Prof K C CHAN and I are to join hands in addressing this issue because it involves two strata. First, the arrangement will directly affect the Mandatory Provident Fund Scheme Ordinance. If there are any changes in the future, such as a change in the system, Secretary for Financial Services and the Treasury Prof K C CHAN will definitely be involved. On the other hand, for issues such as SP and LSP which relate to the employees' interests, there are clear provisions under the Employment Ordinance, which are under the ambit of the Labour and Welfare Bureau and the Labour Department and we are duty-bound to handle them. Secretary Prof K C CHAN and I are "playing doubles" in this respect and we will work with concerted efforts.
MR WONG KWOK-HING (in Cantonese): President, the Secretary mentioned in the main reply that the abolition of the offsetting arrangement is highly complicated and controversial and it is a matter of great concern to all sectors. In fact, paternity leave is also a controversial issue over which employers and employees have heated debates and the Legislative Council is now discussing the legislative work. The Government first implemented paternity leave among civil servants and as it was proven successful, enactment of legislation is now underway. Therefore, I would like to ask the Government ― as the two Secretaries are present here ― whether it will first abolish the offsetting arrangement among the NCSC staff employed by the Government. This should not arouse any disputes between employer and employee as the Government is both the employer and the service user and the arrangement does not involve too many parties. Under such circumstances, will the two Secretaries tell me whether the Government will first abolish the offsetting arrangement among NCSC staff? I am the first Member who put forward this formal request in this Council.
PRESIDENT (in Cantonese): Which Secretary will reply? Secretary for Labour and Welfare, please reply.
SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, I thank Mr WONG for his supplementary question, which is actually a proposal made in good faith. At the Chief Executive's Question and Answer Session on 22 May, Mr WONG also raised this question to which the Chief Executive clearly LEGISLATIVE COUNCIL ─ 2 July 2014 15785 answered that before the community had reached a consensus on this highly controversial issue and the relevant legislative amendments were made, he considered it inappropriate to make any changes. Therefore, I am sorry to say that we cannot apply the mode of paternity leave on this situation for the time being. I believe the impact of any change to the MPF system on the whole business community and the labour market will be far greater than that of paternity leave, and it is appropriate for us to proceed with prudence. However, I appreciate Mr WONG's proposal which is raised out of good faith.
(Mr WONG Kwok-hing stood up)
PRESIDENT (in Cantonese): Mr WONG, what is your point?
MR WONG KWOK-HING (in Cantonese): Just now, I stated clearly that since the Government is the employer and the service user, no labour dispute will be involved. But the Secretary has not answered on this point which is the focus of my supplementary question.
PRESIDENT (in Cantonese): Mr WONG, you did not repeat your supplementary question just now. Your supplementary question was whether the Government would abolish the offsetting arrangement. As you said, you have stated your question clearly, the Secretary has heard your arguments clearly and has replied.
Mr KWOK Wai-keung, please ask your supplementary question.
MR ALBERT CHAN (in Cantonese): President, I beg your pardon. I request a headcount in accordance with Rule 17(2) of the Rules of Procedure.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
15786 LEGISLATIVE COUNCIL ─ 2 July 2014
MR KWOK WAI-KEUNG (in Cantonese): President, the Federation of Trade Unions conducted a survey last year and found that half of the respondents did not know what the offsetting system was. According to the present practice, the employer would first pay SP to the eligible employees in order to build up the image of being a good employer, but later, he will quietly apply to the MPF trustees for withdrawing from the account of the employee concerned his share of contribution. As a result when wage earners retire, they will find their pensions far less than expected.
I would like to ask the Secretary, as publicity about the offsetting arrangement is considered inadequate by us all, is there any room for enhancement or improvement in this regard? If so, what new measures will be taken? If not, will the authorities ask the MPF trustees, which charge $9 billion administration fees each year, to take the responsibility of informing wage earners about the offsetting arrangement?
PRESIDENT (in Cantonese): Which Secretary will reply? Secretary for Financial Services and the Treasury, please reply.
SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): President, I thank Mr KWOK Wai-keung for his supplementary question. When Members come up with such good proposal, we will certain follow up. I believe that many employees know about the offsetting arrangement but we will endeavour to remind the Mandatory Provident Fund Authority (MPF Authority) to consider how to enhance the transparency in this regard. We will definitely follow up on this.
PRESIDENT (in Cantonese): Mr KWOK, has your supplementary question not been answered?
MR KWOK WAI-KEUNG (in Cantonese): President, will the authorities require the MPF trustees which charge $9 billion administration fees to take up the responsibility of the publicity campaign?
LEGISLATIVE COUNCIL ─ 2 July 2014 15787
PRESIDENT (in Cantonese): Secretary, do you have anything to add?
SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): As for the specific approach, I will require the MPF Authority to consider the implementation details. However, I believe the Member's proposal will increase employees' awareness of this arrangement. As regards the transparency of the MPF system, I will follow up.
PRESIDENT (in Cantonese): Mr Christopher CHEUNG, do you wish to raise a supplementary question?
MR CHRISTOPHER CHEUNG (in Cantonese): There are at present 300 000 small and medium enterprises (SMEs), accounting for more than 98% of all enterprises in Hong Kong and they employ over 1.2 million workers. Most of these SMEs have low cash liquidity. As at June last year, the accumulated amount of MPF offset against SP and LSP was $20.7 billion; and from 2009 onwards, the amount exceeds $2 billion each year. If two workers of a SME are about to retire after a long service, in the absence of the offsetting arrangement, the enterprise may have to pay each of them the maximum LSP, which is $390,000, and $780,000 in total.
Has the Government assessed how many SMEs have to face the above situation should the offsetting arrangement be abolished? There are views that once the offsetting arrangement is abolished, all enterprises in Hong Kong will lose a total of $2 billion disposable capital. Has the Government assessed the impact this will have on Hong Kong's SMEs and how many enterprises will thus go out of business?
PRESIDENT (in Cantonese): Which Secretary will reply? Secretary for Financial Services and the Treasury, please.
SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): We have not assessed the impact of the abolition of the offsetting arrangement on SMEs, but from the views expressed by the business sector on this issue, I believe that they all consider that the abolition will cause difficulties 15788 LEGISLATIVE COUNCIL ─ 2 July 2014 to their operation. In respect of this, the Government will certainly continue to listen and study the views of various parties.
PRESIDENT (in Cantonese): Since Mr SIN Chung-kai is not in the chamber. Ir Dr LO Wai-kwok, please raise your supplementary question.
IR DR LO WAI-KWOK (in Cantonese): Some analyses point out that owing to the offsetting mechanism in Hong Kong which reduces employers' commitment on SP and LSP, many employers are more willing to retain the longer-term employment contracts. If the Government rashly abolishes the offsetting arrangement, many employers, who cannot afford this additional huge expenditure, may be forced to dismiss employees with longer years of service, say five years or above, or employ workers on short-term contract basis.
I would like to ask the Secretary if the Government has considered the impact on employment contracts and the labour relationship once the offsetting arrangement is abolished.
PRESIDENT (in Cantonese): Which Secretary will reply? Secretary for Labour and Welfare, please.
SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, we do not have the actual data in this respect for analysis. However, regarding Members' concern, I have already responded in my main reply. As a matter of fact, the industries are worried that the abolition of the offsetting arrangement would cause great operational difficulties to SMEs, which will in turn affect the conditions and length of employment of employees, and may even result in layoffs. All these are detrimental to workers' interest. We are aware of the problem. Hence in the process of holistic consideration, we must carefully evaluate the issue and try to strike a balance.
MR JAMES TIEN (in Cantonese): President, when we discussed this issue in the past, the commercial sector thought that workers should be protected but they should not be provided with double benefits. Now the workers ask for double protection. I would like to ask whether the Government intends to overturn the LEGISLATIVE COUNCIL ─ 2 July 2014 15789 policy formulated at that time. According to the then policy, employers should pay one but not two pensions to employees with many years of service, either in the form of long service payment or the so-called MPF. Does the Government concur with this saying?
SECRETARY FOR LABOUR AND WELFARE (in Cantonese): I thank Mr James TIEN for reminding us of the historic background. In seeking to get the relevant ordinance passed, the Government lobbied the business sectors, indicating that an offsetting arrangement would be put in place should they accept the MPF. To be fair, the labour sector had reservation over this arrangement. As the relevant arrangement was passed by the Legislative Council, we had to respect the Council's decision. The ordinance was enacted under such a condition. To be fair, the labour sector had reservations over it and some Members also proposed amendments, only that their amendments were negatived.
No matter what, we must look forward and seek a more pragmatic practice. Against the legislative background I just relayed, we believe that we must proceed with prudence, and we also consider the issue highly controversial. We must understand that before the establishment of the MPF, regarding SP or LSP under the EO, employers could contribute on a voluntary basis for their employees' retirement protection, as employers were not mandatorily required to contribute to their employees' retirement protection at that time, if employers provided such protection for their employees, they could offset SP and LSP with these contribution payments. This tradition has carried on till today and has become a model to be followed. Hence, we are aware of the justifications of both sides. At the same time, as this issue is highly controversial, we have to handle it with extra care. On the one hand, we must consider the affordability of employers, especially the impact on SMEs; on the other hand, in respect of protection for employees, we must understand the aspiration of the labour sector. Therefore, we must strike a balance among the interests of all parties, carefully listen to their views, consider the whole picture and avoid making any hasty decisions. We will handle this issue with great care.
MR JAMES TIEN (in Cantonese): President, the Secretary has not answered my supplementary question. I was asking whether the incumbent Secretary intended to overturn the policy made by the then Secretary?
15790 LEGISLATIVE COUNCIL ─ 2 July 2014
PRESIDENT (in Cantonese): Secretary, is there a plan to overturn the policy?
SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): I would like to help Secretary Mathew CHEUNG answer this question. In respect of this issue, there is no question of the incumbent Government intending to break the promise made by the previous Government. However, for whatever subjects, when we try to move forward, there is always room for discussion in society. However, we also fully understand that in an attempt to change any important policies, we must respect the objective facts or some past considerations, but that does not mean it is impossible to move forward. Nevertheless, the many changes mentioned above involve many complicated factors which require us to carefully listen to and study the views of various parties.
MISS ALICE MAK (in Cantonese): President, I would like to ask the Secretary, under the current offsetting arrangement, whether the Government has any information on the number of employees having to apply for CSSA for their MPF accrued benefits have been offset against SP and LSP by their employers when they withdraw their MPF at the age of 65. In other words, what is the cost to be borne by the community as a result of employers using their contribution to the MPF to offset SP?
SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, let me try to answer this question. At present, it is hard for me to provide Miss MAK with these figures. However, since the introduction of the MPF till the end of last year, $22 billion was spent as a result of the offsetting arrangement. If we divide this amount by the number of years, on average ― Secretary Prof K C CHAN can provide additional information later on ― about $2 billion is spent each year. This is the relative cost or impact.
PRESIDENT (in Cantonese): Miss MAK, please repeat your supplementary question.
MISS ALICE MAK (in Cantonese): President, I would like to ask the Secretary if they have obtained any data after conducting some studies, indicating that LEGISLATIVE COUNCIL ─ 2 July 2014 15791 some employees suffer hardships and have to apply for social welfare, such as CSSA, as a result of their MPF being offset, thus incurring a cost to society?
PRESIDENT (in Cantonese): Which Secretary will reply? Secretary for Labour and Welfare, please.
SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, perhaps I would try to answer this question. Concerning this question, there is no relevant data available at present. Take for example the CSSA applicants. The authorities will assess their assets to find out how much disposable capital they have. But there is no way we can find out when a retiree withdraws his pension and how much of it he has spent. It is just impossible to follow up. No matter what, we know the concern of the public, that is, with a bigger amount of pension, one can be self-reliant for a longer period time, and is less likely to apply for CSSA, which is a fact.
PRESIDENT (in Cantonese): This Council has spent 22 minutes on this question.
(Mr Albert CHAN stood up)
MR ALBERT CHAN (in Cantonese): President, I request a headcount in accordance with Rule 17(2) of the Rules of Procedure.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
PRESIDENT (in Cantonese): Fifth question. Dr LEUNG Ka-lau, please raise your main question.
15792 LEGISLATIVE COUNCIL ─ 2 July 2014
Prescription of Orthokeratology Contact Lens
5. DR LEUNG KA-LAU (in Cantonese): President, it has been reported that Orthokeratology lenses, commonly known as Ortho-Ks, work to reduce myopia on the principle that they exert pressure directly on the corneas, thus changing the corneal curvature, and Ortho-K must be worn continually during sleep for the effect to last. Some optometrists have prescribed Ortho-K for children, claiming that such lens can slow down the progression of myopia. Recently, The Chinese University of Hong Kong published the findings of a research, which pointed out that the risk of contracting microbial keratitis for children using Ortho-K is five times higher than that for ordinary people. The researchers analysed 18 cases of in-patient children diagnosed with microbial keratitis in the Prince of Wales Hospital in the past 10 years, and found that 83% of the cases were related to the use of contact lenses, while 38% involved the use of Ortho-K. In addition, there were 23 cases in the past decade of children being admitted to the Hong Kong Eye Hospital for treatment of serious microbial keratitis caused by the use of Ortho-K. After treatment, all the patients concerned suffered from irreversible visual impairment and could restore only 70% of their eyesight on average, while the severe cases had even resulted in blindness. In this connection, will the Government inform this Council:
(1) whether it knows, in each of the past three years, the number of minors who used Ortho-K, as well as the number of cases in which patients suffering from microbial keratitis sought treatment from public ophthalmology specialist out-patient clinics or were admitted to public hospitals, with a tabulated breakdown by whether the patients were adults and the cause of infection (for example, use of ordinary contact lenses, Ortho-K or other causes); if it does not know, whether it will conduct a survey in this regard;
(2) under the existing legislation, whether Ortho-K is an optical appliance and whether optometrists may prescribe or provide Ortho-K; if they may, of the provisions concerned; and
(3) given the health risks associated with Ortho-K, whether the authorities have corresponding measures; if they do, of the details; if not, the reasons for that?
LEGISLATIVE COUNCIL ─ 2 July 2014 15793
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, my reply to various parts of the question is as follows:
(1) According to the statistics of the Hospital Authority (HA), between 2011 and 2013, in-patient admissions due to keratitis and other disorders of sclera and cornea numbered at 578, 605 and 648 respectively. The HA does not maintain a breakdown of the number of patients seeking treatment at ophthalmology specialist out-patient clinics and hospitals due to microbial keratitis.
(2) Orthokeratology contact lens is a type of rigid gas permeable lens which operate by changing the curvature of the cornea, thereby enabling the user to maintain clear vision for a period of time after removing the lens. According to the definition recommended by the Global Harmonization Task Force (GHTF), orthokeratology contact lens is a Class II/III medical device with medium risk. In Australia, Canada, the United Kingdom, the United States and Singapore, orthokeratology contact lenses are required to be registered prior to open sale in the market, save for those tailor-made products for designated persons. In addition, the products have to be prescribed by the relevant healthcare professionals, viz ophthalmologists or optometrists.
Currently, there is no specific legislation to regulate the manufacture, import, sale or use of medical devices (including orthokeratology contact lenses) in Hong Kong. Nor are orthokeratology contact lenses included in the list of medical devices covered under the voluntary Medical Device Administrative Control System established by the Department of Health (DH). To protect public health while ensuring the community's continued access to the benefits of new technologies, the Administration will develop and establish a regulatory framework for governing medical devices. Having regard to the recommendations of the GHTF and the World Health Organization, the Administration will adopt a risk-based approach in determining the appropriate level of control for medical devices according to their risks.
In accordance with Item 5 of the Schedule to the Supplementary Medical Professions Ordinance and section 6 of the Optometrists 15794 LEGISLATIVE COUNCIL ─ 2 July 2014
(Registration and Disciplinary Procedures) Regulation, optometrists whose names have been entered in Part I or Part II of the register and those in Part IV of the register who are allowed to engage in work relating to refraction and contact lenses may prescribe optical appliances including contact lenses. According to the Code of Practice for Registered Optometrists stipulated by the Optometrists Board, when conducting an eye examination and dispensing contact lenses, a registered optometrist has to provide the client with information relating to the care and replacement of contact lenses and make arrangements for continuous aftercare.
(3) To keep our eyes healthy, members of the public should follow the instructions of ophthalmologists or registered optometrists in wearing or taking care of orthokeratology contact lenses and receive regular ocular and optometric check-ups as in the case with users of ordinary contact lenses. Inappropriate cleaning of orthokeratology contact lenses or failure to observe the instructions of ophthalmologists or registered optometrists in properly wearing these lenses may increase … lead to corneal infection or ulcer.
To remind public of the related risks, the Medical Device Control Office under the DH has uploaded onto its website a leaflet on "Know More About Contact Lenses", which contains information about different types of contact lenses, caring tips and health advice for the public's reference.
(Mr Albert CHAN stood up)
MR ALBERT CHAN (in Cantonese): President, I request a headcount in accordance with Rule 17(2) of the Rules of Procedure.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
LEGISLATIVE COUNCIL ─ 2 July 2014 15795
DR LEUNG KA-LAU (in Cantonese): Secretary, it is reported in newspapers that orthokeratology contact lenses obviously involves public health risks. It is unreasonable that you have not obtained the data about public health, that is, the number of users and a breakdown of the figures. You have not answered me. I know that HA staff have in fact kept a breakdown of the figures. I hope you will provide additional information after the meeting.
I would like to follow up on part (2) of the question. Under the legislation of Hong Kong ― not overseas legislation ― are optometrists permitted to provide Ortho-K? The relevant legislation of Hong Kong, that is, the Optometrists (Registration and Disciplinary Procedures) Regulation was enacted in 1985. At that time, contact lenses enabled people with myopia, hyperopia or astigmatism to have a clearer vision by changing the refraction of light without any direct contact with the corneas. Ortho-K did not exist until 1990s and its use was not allowed in Hong Kong until around 10 years ago. As such, it is impossible that optometrists are permitted under the law to prescribe a new medical product that works on a completely different principle. Therefore, may I ask the Secretary whether he has examined if optometrists are allowed to provide Ortho-K under the law of Hong Kong?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, just now I have already explained clearly in the main reply that optometrists whose names have been entered in certain parts of the register are allowed to prescribe contact lenses including orthokeratology contact lenses.
DR LEUNG KA-LAU (in Cantonese): That means he has not examined whether it is legal for optometrists to prescribe orthokeratology contact lenses. The relevant legislation was enacted more than 20 years ago but this product only came to existence in recent years. How could he forecast some 20 years ago whether such practice is legal today?
PRESIDENT (in Cantonese): Mr LEUNG, the Secretary has already answered the question based on the existing legislation.
PROF JOSEPH LEE (in Cantonese): President, just now the Secretary has given a very clear reply that optometrists are allowed to prescribe this kind of 15796 LEGISLATIVE COUNCIL ─ 2 July 2014 contact lens under the existing legislation. But my supplementary question is: If an optometrist finds, after examining the eyes of a client who intends to get a prescription for this kind or other kinds of contact lenses, that the client has ocular problems, can he refer the client directly to the ophthalmology specialist out-patient clinics of the HA? Currently he cannot do so. But if optometrists can do so, it can address the concern expressed by Dr LEUNG Ka-lau just now, that is, to protect public health more effectively.
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, the supplementary question asked by Prof Joseph LEE in fact involves another issue. Currently for all public hospitals in Hong Kong, members of the public must obtain the referrals from registered medical practitioners if they want to seek treatment from the specialist out-patient clinics. This is an arrangement applicable to all specialist out-patient clinics in public hospitals. In other words, without the referrals from registered medical practitioners, public hospitals in Hong Kong will not make appointments with new patients.
PROF JOSEPH LEE (in Cantonese): President, my supplementary question is in fact very direct. I also know that optometrists cannot make referrals under the existing arrangement. But it is simply an administrative arrangement. Given that optometrists are allowed to do eye examination, why cannot such administrative arrangement be changed?
PRESIDENT (in Cantonese): Secretary, can the administrative arrangement mentioned by the Member be changed?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, this arrangement is a general arrangement which is not limited to ophthalmological services. Owing to the heavy burden on the whole public healthcare system, new patients must obtain referrals from registered medical practitioners before they can make an appointment with specialist out-patient clinics of public hospitals. Such arrangement is not limited to ophthalmology, but applicable to all specialist out-patient clinics.
LEGISLATIVE COUNCIL ─ 2 July 2014 15797
MS STARRY LEE (in Cantonese): President, myopia is rather common among children and the use of Ortho-K to correct their eyesight is getting more and more popular. As mentioned in the question, the research findings published by The Chinese University of Hong Kong have really aroused the worries of parents whose children are wearing Ortho-K because the research indicated that the risk of contracting microbial keratitis for children using Ortho-K is five times higher than that for ordinary people, and in some serious cases, patients may suffer from irreversible visual impairment. I think this has sounded a serious alarm. I would like to follow up on part (1) of Dr LEUNG Ka-lau's question. Does the Secretary agree that the HA should follow up on this issue and release the relevant information obtained, so that we can better understand the actual situation about the risk of contracting microbial keratitis for Ortho-K users? Can the Secretary promise to release such figures?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, I am also very concerned about this issue. Whenever there is any research that points out that certain medical and care treatments may cause complications and the possibility is high, we will definitely pay attention. But I have to point out at the same time that all medical and care treatments will surely have a certain degree of risk. As far as any medical and care treatment is concerned, we must first ensure that the treatment is given by qualified persons. Just now I have clearly pointed out that ophthalmologists and registered optometrists whose names have been entered in certain parts of the register may prescribe such kind of contact lenses.
Nonetheless, while the research report has pointed out the risks of wearing such kind of contact lenses, I will only keep a close eye for the time being, with a view to collecting more research data that can help us ascertain the source of the risk. This is because the risk is caused by a number of factors, which include the problems in the design and quality of individual products, whether there are any problems during the medical and care treatments, and how aftercare and follow-up are arranged for the patients, and so on. We must first ascertain the cause of the phenomenon and continue to keep an eye on it. We will first study similar reports published locally or in other places around the world and can make a conclusion only after obtaining more information.
(Mr CHAN Chi-chuen stood up)
15798 LEGISLATIVE COUNCIL ─ 2 July 2014
MR CHAN CHI-CHUEN (in Cantonese): President, I request a headcount in accordance with Rule 17(2) of the Rules of Procedure.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
PRESIDENT (in Cantonese): Ir Dr LO Wai-kwok, please ask your supplementary question.
IR DR LO WAI-KWOK (in Cantonese): President, Dr LEUNG Ka-lau focuses his question on Ortho-K, but actually Ortho-K is not the only type of contact lens that worries us. Some contact lenses in the market are for beauty purpose rather than for visual corrective purpose, such as those that make one's eyes look bigger and prettier, or change the colour and shape of the pupils. There are some cases in Hong Kong and overseas where these products are said to have affected the health of the eyes. I guess the Secretary will again point out that currently there is no regulation under the legislation of Hong Kong. Does the Secretary think that members of the public can just seek assistance from the Consumer Council if they have any complaints?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): From my point of view, I am just concerned about health issues. Therefore, we will definitely handle any problems concerning public health because we consider it our unshirkable responsibility. However, in examining the cause for a health problem, we must make careful analyses and collect sufficient evidence to see whether the problem, as I said just now, is attributed to the product itself, the medical and care treatments, or the continuous aftercare of individual users. We can only decide the approach to be adopted to minimize the risk after such data are obtained.
LEGISLATIVE COUNCIL ─ 2 July 2014 15799
MR NG LEUNG-SING (in Cantonese): The Government plans to develop and establish a regulatory regime for medical devices. Has the Government set the timetable in this regard? Besides, does the Government intend to separate its regulation on public and private hospitals, or regulate them altogether?
SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, regarding the timetable, we have been doing the preparatory work all along and hopefully the last round of public consultation can be conducted in due course, followed by law drafting based on the results of the consultation as soon as possible. For regulation on medical devices, we will not separate regulation on public and private hospitals because our purpose is to regulate medical devices. If a device is manufactured in Hong Kong, we will begin our regulation from the stage of manufacturing. If it is not manufactured locally, we will begin our regulation from the import of the device, followed by regulation on its sale and use during the medical treatment. We will do our regulation at different levels, rather than differentiating between public and private hospitals.
PRESIDENT (in Cantonese): Last question seeking an oral reply.
Supply of School Bus Services
6. MR CHAN HAK-KAN (in Cantonese): President, I have been waiting to ask this question like a student waiting to board a school bus, and I was worried that the bus would not arrive despite the long wait.
President, some schools and parents of students have relayed to me that the short supply of school bus services and the discouraging responses to the tendering exercises for such services in recent years, coupled with a surge in the charges for school bus services, have caused inconveniences to schools and parents. In addition, more and more non-franchised public buses (NFBs) with student service endorsements (SSEs) no longer provide school bus services, and instead provide passenger services for visitors, which generates more income. As the results of the central allocation of Primary One places this year show that the ratio of students being allocated places in the schools among their first three choices is the lowest in 12 years, more school children will cross districts to attend school in the next school year, thus boosting the demand for school bus services. Meanwhile, quite a number of school bus service operators have 15800 LEGISLATIVE COUNCIL ─ 2 July 2014 relayed that the profits generated from school bus services are meager, because they not only have to pay high licence fees, but also need to meet various expenses, such as salaries for escorts, insurance premiums and maintenance fees, and so on. In this connection, will the Government inform this Council:
(1) of the number of new SSEs issued by the authorities in the past three years; whether it knows the current number of NFBs providing school bus services and the current number of school children using the services of school buses or school private light buses; whether it has assessed the adequacy of school bus services to meet demand currently and in the next school year;
(2) whether it will establish a mechanism to regulate the annual rate of increase in the charges for school bus services, for example, imposing a cap on the rate of increase; if it will, of the details; if not, the reasons for that; as some parents have indicated that they cannot afford the high charges of school bus services, whether the Government will provide additional travel subsidy to school children in need; if it will, of the details; if not, the reasons for that; and
(3) as some parents have pointed out that more NFBs are expected to switch to provide passenger services for cross-boundary visitors upon the commissioning of the Hong Kong-Zhuhai-Macao Bridge, how the Government ensures adequate school bus services to meet the demand; whether it has enhanced its communication with the NFB sector; whether it will consider lowering the relevant licence fees; and whether it will relax the conditions for the application for the endorsements concerned, for example, the validity period required of the school bus service contract which must be produced on application, so as to attract more NFBs to join in the provision of school bus services?
SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, the reply to the various parts of Mr CHAN Hak-kan's question is as follows:
(1) There are three types of vehicles that can carry school children: (i) school private light buses (commonly known as "nanny vans"); (ii) school private buses operated by schools or school sponsoring bodies direct; and (iii) NFBs. There are currently 1 769 "nanny LEGISLATIVE COUNCIL ─ 2 July 2014 15801 vans" and 71 school private buses. These two types of vehicles can only be used for carriage of school children and not for any other purposes. NFBs may carry different types of passengers in accordance with the endorsement(s) issued by the Transport Department (TD). Those NFBs used for carriage of school children have to be issued with SSE. At present, there are 3 419 NFBs with SSE.
NFB operators may, in response to different service demand and operating conditions, apply to the TD for a single or multiple service endorsements, that is, an NFB may have SSE and other service endorsement(s) at the same time. Multiple service endorsements allow an NFB to provide different types of service on the same day having regard to market situation to enhance operational and cost efficiency. Some NFBs with SSE may thus provide services other than school bus service on certain days or during certain periods on the same day. This allows flexible deployment of the vehicle fleet, thereby sharing out the operating cost and helping to lower school bus fare.
In the past three years (that is, 2011 to 2013), the number of the three types of vehicles that can carry school children mentioned above is set out at Annex. Based on the number of the vehicles concerned, the number of seats available for carriage of school children in 2013 has increased by about 3.5% when compared with that in 2011. Meanwhile, the number of students has dropped by about 1.4% during the same period. Since the schools make their own arrangements for school bus service direct, the TD does not have the statistics on school children using school bus service. Neither has the Education Bureau collected such statistics.
As a matter of fact, not all NFBs with SSE provide student service during the periods before and after school. In order to understand the utilization of NFBs, the TD conducts a territory-wide survey every year. As shown by the results of the latest survey, about 70% of NFBs with SSE provides school bus service during the periods before and after school.
Having regard to the changes in the number of vehicles that can carry school children and that of students as well as the 15802 LEGISLATIVE COUNCIL ─ 2 July 2014
aforementioned survey results, the supply of school bus service in the market should be stable and can generally meet the overall demand.
(2) The fare of all types of NFB service, including that of school bus service, is determined by the market and does not require TD's approval. In view of some parents' concern over the level of school bus fare, we will liaise with Education Bureau to see if information can be collected from schools to enable the Government to fully understand the market situation concerning school bus fare.
As regards student travel subsidy, Education Bureau points out that the Government has put in place the Student Travel Subsidy Scheme to provide subsidies to eligible students. A student who passes the means test and with his/her application approved will be given a subsidy irrespective of the transport mode(s) (including school bus) used. Education Bureau is of the view that this arrangement is adequate to provide appropriate assistance to students with financial difficulties and to allow students to choose suitable transport mode(s) freely.
(3) To ensure that there is an adequate supply of school buses in the market, the TD will continue to monitor the supply of and demand for various types of vehicles concerned. To allow greater flexibility for operators to deploy their vehicles for meeting service demand, the TD has since mid-2012 implemented a new measure to allow an NFB operator in possession of SSE to use all vehicles meeting the relevant requirements in his/her fleet for carriage of school children upon application. A total of 418 additional vehicles have been granted SSE through this measure so far.
Meanwhile, any person who would like to provide "nanny van" service only needs to submit an application to the TD with service details and a recommendation letter from school(s). Besides, schools or school sponsoring bodies may consider operating school private buses direct to provide service for their students. To facilitate tendering of school bus service by the schools, the TD has compiled a list of operators with detailed information and distributed it to all schools in April this year.
LEGISLATIVE COUNCIL ─ 2 July 2014 15803
The TD will endeavour to make appropriate arrangements with respect to the supply of vehicles according to market demand. If it is observed that there is a tight supply of NFBs or new service demand arising from the commissioning of new transport infrastructure (for example, the opening of the Hong Kong-Zhuhai-Macao Bridge in the future), the Government will consider with an open mind whether the issuance of new licences for NFB service should be suitably adjusted. The TD will continue to maintain close communication with the trade.
As for the vehicle licence fee, the fee level has not been adjusted since 1991. At present, an operator is only required to provide a service contract of at least six months or a supporting letter from the school(s) when making an application to the TD. The validity period of an SSE is generally good for not more than two years. Since school bus service is normally arranged according to the academic year, relaxing the requirement on service contract period will not necessarily help attract more NFBs to provide school bus service. Indeed, the TD is not aware of cases whereby the trade was unable to provide school bus service because of the level of licence fee or requirement on the validity period of service contract.
Annex
Number of vehicles that can carry school children
Year Percentage change 2011 2012 2013 (as at end-December) in 2013 over 2011 NFBs with SSE 3 577 3 489 3 468 -3.0% School private buses 60 64 67 +11.7% School private light buses (commonly known as 1 259 1 480 1 740 +38.2% "nanny vans") Total 4 896 5 033 5 275 +7.7%
(Mr Albert CHAN stood up)
15804 LEGISLATIVE COUNCIL ─ 2 July 2014
MR ALBERT CHAN (in Cantonese): President, before Mr CHAN Hak-kan raises his supplementary question, I hope you can do a headcount according to Rule 17(2) of the Rules of Procedure.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
PRESIDENT (in Cantonese): Mr CHAN Hak-kan, please raise your supplementary question.
MR CHAN HAK-KAN (in Cantonese): President, if I have not conducted surveys, I may have been persuaded by the Secretary's main reply which contains more than 1 400 words, thinking that the current supply of school bus service in the market should be stable and can generally meet the overall demand. In fact, the main reply given by the Secretary today is more or less the same as the reply given in response to a similar question raised by Mr MA Fung-kwok in October 2013.
President, let me quote the results of a survey on 159 schools (including secondary schools, primary schools, kindergartens and special schools) conducted by the Hong Kong Federation of Education Workers in May this year. Among these schools, 35 indicated that they had not received any tender in response to the tendering exercises for school bus service. The number has exceeded that of last year and these schools may not be able to provide school bus service for their students in the new academic year.
I hope the Secretary can tell me, in simple words, how he will help these schools which do not have school bus service and how he will help the students concerned to go to school?
SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I mentioned in my main reply that in terms of supply of school bus service, there are three types of vehicles that can carry school children. In fact, LEGISLATIVE COUNCIL ─ 2 July 2014 15805 the number of vehicles designated for carrying school children, be they "nanny vans" or school private buses, has been gradually increasing over the past few years. Among all the NFBs, 3 000-plus have obtained SSEs. I have also quoted some figures obtained recently from the survey conducted by the TD ― such surveys are certainly conducted each year and we will have the updated figures in due course ― and the figures show that about 70% of NFBs provides school bus service during the periods before and after school, hence, there is a large number of vehicles providing school bus service.
Mr CHAN has relayed the difficulties encountered by some schools in their tendering exercises or the problem of receiving only a small number of tenders, but unless we can collect full information in this respect … as I mentioned in my main reply, we will explore with the Education Bureau the possibility of asking the schools to provide full information. We need the co-operation of schools in providing information, such as the number of tenders received and the school bus fares currently charged, so that we can understand the supply and demand of the market. As I said in the main reply, if it is observed that there is a tight supply, we will be prepared to consider adjusting the supply with an open mind.
MR CHAN HAN-PAN (in Cantonese): President, the excessively tight control on the number of NFBs, which has been discussed many times in the past, has caused a decreasing number of NFBs with higher licence fees. Besides, as many new private residential developments provide shuttle bus service upon their completion, the demand for NFBs has been on the rise and in time, these buses will be used for providing shuttle bus service instead of school bus service, thus, the choices available to students will be further reduced.
The Secretary said earlier that the Government might issue more NFB licences and would approach the matter with an open mind, but is there any specific arrangement? According to Mr CHAN Hak-kan, the current situation needs urgent attention, has the Secretary considered any specific arrangement?
SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, the Government has indeed restricted the number of NFBs. The decision dated back to 2004 when the Government accepted the recommendation of the Transport Advisory Committee made after reviewing the surge in the number of NFBs.
15806 LEGISLATIVE COUNCIL ─ 2 July 2014
Let me provide Honourable Members with some figures. From 1998 to 2003, the number of NFBs had risen from about 5 900 to 7 200 which represented an increase of 23%. At present, there are about 7 000 NFBs. Therefore, applicants applying for permission to operate NFB services, including school bus service, are required to purchase existing NFBs from the market.
However, in the survey conducted by the TD which I mentioned in my main reply, the respective number of NFBs used for carrying school children was actually counted at 200-plus different locations during the periods before and after school. The results showed that about 70% of the NFBs were used for the purpose, which is not a small percentage. Therefore, it is not true that operators prefer to use the NFBs for purposes other than carrying school children during the said periods.
Certainly, an NFB can apply for multiple service endorsements instead of a single service endorsement. In general, the TD will only issue endorsements for up to three types of services, so as to ensure that the vehicle fleet will be efficiently deployed and the endorsements will reflect the specific types of services provided.
PRESIDENT (in Cantonese): Mr CHAN, has your supplementary question not been answered?
MR CHAN HAN-PAN (in Cantonese): The Secretary has not answered my supplementary question which is mainly related to the specific arrangement put in place. Since the Secretary said earlier that the number of licences for this type of vehicle has not increased over the past 10-odd years while the population has …
PRESIDENT (in Cantonese): Please repeat your supplementary question.
MR CHAN HAN-PAN (in Cantonese): Therefore, I hope the Secretary can tell me what specific arrangements he has put in place with an open mind. Can he tell us when and how the licences will be issued?
PRESIDENT (in Cantonese): Secretary, do you have anything to add?
LEGISLATIVE COUNCIL ─ 2 July 2014 15807
SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, first, NFB operators may apply for SSEs if they like and we have noticed that many NFBs have been issued with this kind of endorsement. Second, as I said in my main reply, in terms of supply, the total number of the vehicles concerned and the number of seats available for carriage of school children have increased in the past few years.
Certainly, as I mentioned in my reply to Mr CHAN Hak-kan's question just now, if it is observed that there is an unbalanced supply and demand of school bus service, or if we can obtain further information about the market situation, we will approach the matter with an open mind. How will the Government increase the supply of this kind of buses? The answer depends very much on the demand in the market. If there is such demand in the market, I anticipate that there will also be supply and the Government will make appropriate arrangements where necessary with respect to an increase in supply.
MR FRANKIE YICK (in Cantonese): President, over the past year, some schools and parents of students have indeed told me that the supply of school bus service is inadequate. However, some NFB operators have told me that the problem lies not only in the rise in costs, but also in an insufficient number of students. What does an insufficient number of students mean? For instance, at the beginning of the school year, 45 students enrolled in taking the school bus; six months later, in the middle of the school year, half of the students were gone; and at the end of the year, the majority of the students "disappeared" and so the NFB operators could not continue with the business. That is the crux of the current problem.
Secretary, these operators have put forward the following suggestions: first, bus routes of schools in the same district can be consolidated; and second, flexible school hours can be arranged so that there will be a sufficient number of students in each bus trip of each route to keep the operators in business. Will the Secretary co-ordinate and discuss with the Education Bureau to give associations of heads of schools or the schools concerned more opportunities to express their views on the current problem?
SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I know that the Education Bureau has maintained communication with the schools (including associations of heads of schools) to gain a good 15808 LEGISLATIVE COUNCIL ─ 2 July 2014 understanding of the demand for the service. We have indeed heard of the situations mentioned by Mr YICK and the number of students taking school bus may vary on a weekly or monthly basis. Our current practice is to enable NFBs to be issued with different endorsements so that operators do not have to rely on school bus service in their operation, but can use their buses for other purposes outside the periods before and after school on a daily basis. This will enhance the cost-effectiveness of the vehicle fleet in its operation which should help to reduce fares.
Nevertheless, as I said in my main reply, if we can obtain full information on fares and consider that there is a real problem, we will be willing to consider making adjustments in the supply side. At this stage, if schools or school sponsoring bodies in various districts can join efforts in operating school private buses, the Government will make arrangements to dovetail with their initiative on all fronts.
(Mr CHAN Chi-chuen stood up)
MR CHAN CHI-CHUEN (in Cantonese): President, a point of order. I request a headcount according to Rule 17(2) of the Rules of Procedure.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
(After the summoning bell had been rung, a number of Members returned to the Chamber)
PRESIDENT (in Cantonese): Dr Elizabeth QUAT, please raise your supplementary question.
DR ELIZABETH QUAT (in Cantonese): President, some cross-boundary students and parents have reportedly said that the fares for cross-boundary school bus service from Shenzhen Bay Control Point to Tuen Mun would increase from $500-plus to about $1,200 per month next year, the rate of which is shocking. Besides, some parents have also relayed that as the schools cannot provide school bus service, they have to take the risk to engage private vehicles LEGISLATIVE COUNCIL ─ 2 July 2014 15809 not issued with SSEs to carry their children to and from school. Furthermore, some school bus operators have relayed to me that they would consider ceasing operation because they could not find parking spaces for their buses. Hence, I consider that the Government is behaving very passively as it has not actively considered any solutions to resolve the problems of unbalanced supply and demand of school bus service and the operational difficulties encountered by school bus operators. My question is whether the Government will consider implementing measures such as allowing buses issued with other licences to operate cross-boundary school bus service?
SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, first, let me summarize the changes in the number of vehicles for carrying school children. From 2011 until this year, the number of private school buses has increased from 60 to 71; and the number of "nanny vans" has increased from 1 259 to 1 769 which represents a big increase of more than 30%. As I mentioned in my replies to the supplementary questions of other Honourable Members, there are as many as 3 000-plus NFBs which are issued with SSEs and their rate of utilization is also very high.
Regarding the transport needs of cross-boundary students, two types of buses are currently in service. The first type is the real cross-boundary buses which can cross the border via certain boundary control points, including Shenzhen Bay Control Point, Lok Ma Chau Control Point, Huanggang Control Point, Man Kam To Control Point and Sha Tau Kok Control Point. Each of these buses can provide one southbound trip and one northbound trip on each school day. In the 2013-2014 school year, a total of 140 trips are made on each day. In addition, ordinary local school buses which have access to the Border Closed Area at Lo Wu Station Road and Lok Ma Chau Spur Line Control Point can also carry cross-boundary children with Closed Area Permits.
On the issue of fares, as I said in my replies to the questions raised by other Honourable Members, we are hoping to obtain full information on the current fares for different types of school bus services. At the moment, the information on fares available to us is rather fragmentary. The fares for some school bus services are relatively high while fares for other schools are apparently lower, and the fares charged depend on the route and the specific details of the service arrangement between the school and the school bus service operator. Therefore, we have to obtain full information on fares.
15810 LEGISLATIVE COUNCIL ─ 2 July 2014
As a matter of policy, where there is demand for the service in the market from schools and students, the TD will endeavour to make arrangements to dovetail with the supply on all fronts.
DR ELIZABETH QUAT (in Cantonese): I consider that after the Secretary has heard my supplementary question …
PRESIDENT (in Cantonese): Dr QUAT, please repeat the part of your supplementary question which has not been answered by the Secretary.
DR ELIZABETH QUAT (in Cantonese): Will the Secretary deal with the problem actively and will he consider allowing buses issued with other licences to provide cross-boundary school bus service?
PRESIDENT (in Cantonese): Secretary, will consideration be given to allowing buses issued with other licences to provide cross-boundary school bus service?
SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, if we are talking about the real cross-boundary buses, there is a need to apply for special quotas at present because the buses have to go through boundary control points. The issuance of such quotas is not determined unilaterally by the Hong Kong Government, but is determined after discussions with the Mainland authorities responsible for the boundary control points concerned. Take Shenzhen as an example. The Mainland authorities concerned will consider the specific traffic conditions near the Shenzhen port and the possibility of creating problems of feeder service, and so on. Therefore, the decision on special quotas is reached after discussions between the Hong Kong Government and the Mainland authorities. The current practice is that the Policy Bureaux concerned (for example, the Security Bureau and the Transport and Housing Bureau) will discuss with the relevant Mainland authorities on the basis of the Education Bureau's assessment of the transport needs of cross-boundary students in determining the number of special quotas each year.
PRESIDENT (in Cantonese): This Council has spent more than 22 minutes on this question. Oral questions end here.
LEGISLATIVE COUNCIL ─ 2 July 2014 15811
WRITTEN ANSWERS TO QUESTIONS
Combating Parallel Trading Activities
7. MR CHUNG KWOK-PAN (in Chinese): President, some members of the public have relayed to me that parallel trading activities have caused nuisance to the daily lives of Hong Kong residents, with the situation being the most acute in the North District. In this connection, will the Government inform this Council:
(1) whether it has compiled statistics, for each of the past 24 months, on (i) the number of Mainland people, who were suspected to be engaged in parallel trading activities, subjected to immigration examination by the authorities, (ii) the number of Mainland people, who were suspected to be engaged in parallel trading activities, refused entry by the authorities, and (iii) the number of people, among the suspected parallel traders who were refused entry, trying to enter Hong Kong on the One-year Multiple-entry Individual Visit Scheme Endorsements (that is, multiple-entry permits);
(2) of the major types of goods involved in parallel trading activities; and
(3) whether the authorities have reviewed the effectiveness of various measures taken since 2012 to combat parallel trading activities, and whether they will further step up efforts to combat parallel trading activities; if they will, of the details; if not, the reasons for that?
SECRETARY FOR SECURITY (in Chinese): President, the HKSAR Government is very concerned about the nuisance of parallel trading activities caused to the daily lives of residents. Since September 2012, the law enforcement agencies (LEAs) have implemented a series of measures to improve order at railway stations and boundary control points, so as to uphold the daily lives of our residents.
(1) The Immigration Department (ImmD) has established a watch list of suspected parallel traders which contains information of persons suspected to be involved in parallel trading activities collected through various means, including information of arrested and 15812 LEGISLATIVE COUNCIL ─ 2 July 2014
convicted persons, intelligence and analysis of immigration data. The ImmD will target and examine visitors on the watch list of suspected parallel traders, and, if their purposes of visits are in doubt, will consider refusing their entry and repatriating them immediately. As at end May 2014, the ImmD has included information of more than 9 800 suspected parallel traders in the watch list and refused some 16 000 entries. The monthly number of refused entries for suspected involvement in parallel trading activities is at Annex. The ImmD does not maintain statistics on the number of examinations conducted on the persons concerned.
Information indicates that Mainland residents arrested in enforcement operations against parallel trading held various types of endorsements, including single-entry and multiple-entry endorsements, and also endorsements for visiting relatives, business and individual visits.
(2) The largest quantity of goods confiscated in operations since September 2012 are milk powder, diapers, health food products, cosmetics, medicine and red wine, and so on.
(3) The ImmD, the Hong Kong Police Force (HKPF) and the Customs and Excise Department (C&ED) have mounted a number of large-scale operations since September 2012. As at end May 2014, 1 485 Mainland residents suspected of being involved in parallel trading activities were arrested.
The LEAs have been refining their enforcement strategies in response to the mode of operation of parallel traders to combat parallel trading activities more effectively. For instance, since some parallel traders have recently distributed goods in a small volume by trolleys at various streets instead of at rented warehouses to avoid law enforcement actions, the LEAs have modified their mode of enforcement. The ImmD together with the Police Tactical Unit of the HKPF set up large-scale cordons and successfully arrested Mainland visitors suspected of involving in parallel trading activities.
LEGISLATIVE COUNCIL ─ 2 July 2014 15813
In addition, to crack down on the supply chain of parallel goods, the LEAs have strengthened intelligence exchange. After collecting and analysing information on the parallel trading network, the C&ED pinpoints suspected parallel goods storage and packing establishments, and passes intelligence to the ImmD and the HKPF to conduct enforcement actions. Through a hotline, the C&ED also maintains close liaison with the Shenzhen boundary control points to allow for immediate notification and interception of suspected parallel traders.
After a series of enforcement actions, parallel trading activities have subsided. The HKSAR Government will continue to take targeted measures against parallel trading activities, including intelligence collection and exchange, joint operations, immigration control, and so on, as well as enhancing co-operation and conducting joint operations with relevant Mainland authorities.
Annex
The number of refused entries for suspected involvement in parallel trading activities between September 2012 to May 2014
The number of refused entries for suspected
involvement in parallel trading activities September 39 October 230 2012 November 448 December 311 January 929 February 1 487 March 1 365 April 1 474 May 1 070 June 891 2013 July 979 August 764 September 957 October 667 November 619 December 614 15814 LEGISLATIVE COUNCIL ─ 2 July 2014
The number of refused entries for suspected
involvement in parallel trading activities January 872 February 475 2014 March 641 April 625 May 585 Total 16 042
Regulation of Beauty Service Devices
8. MR MICHAEL TIEN (in Chinese): President, the Government established the Steering Committee on Review of Regulation of Private Healthcare Facilities (Steering Committee) in October 2012, and set up the Working Group on Differentiation between Medical Procedures and Beauty Services (Working Group) under the Steering Committee to differentiate between medical treatments and ordinary beauty services as well as to make recommendations on the regulatory approach. The Working Group has recommended to stipulate that only healthcare professionals may operate energy-emitting devices, some of which involve 15 cosmetic procedures. However, the beauty industry does not concur with such a recommendation. In this connection, will the Government inform this Council:
(1) of the detailed justifications for the authorities' inclination to define all energy-emitting devices (for example, laser and intense pulsed light equipment) as medical devices under the new regulatory regime;
(2) whether the authorities will consider allowing beauty practitioners who have received appropriate training and obtained relevant qualifications to operate energy-emitting devices under the new regulatory regime;
(3) whether it will adopt the Working Group's recommendation to set up an expert panel under the new regulatory regime to advise on the risk levels of, and the appropriate control over, the application of innovative devices for new cosmetic procedures; if it will, of the details; if not, the reasons for that; and
LEGISLATIVE COUNCIL ─ 2 July 2014 15815
(4) given that the authorities have proposed to set up, under the new regulatory regime, an advisory committee comprising members from relevant stakeholder groups to advise the Department of Health (DH) on the classification of medical devices and issues relating to the implementation and administration of the future legislation, whether the authorities will undertake that members of that committee will include representatives of the beauty industry; if they will make such an undertaking, of the respective proportions of various types of stakeholders (for example, the beauty industry, medical practitioners and the academia) in the composition of that committee?
SECRETARY FOR FOOD AND HEALTH (in Chinese): President, my reply to the question raised by Mr Michael TIEN is as follows:
(1) and (2)
The DH has established the existing voluntary Medical Device Administrative Control System (MDACS) having regard to the recommendations of the Global Harmonization Task Force (now the International Medical Device Regulators Forum). Under the MDACS, the term "medical devices" generally refers to any instrument, apparatus or appliance that is used for diagnosis, treatment or monitoring of diseases and injuries. It covers devices that are used for the purpose of investigation, replacement, modification or support of the anatomy or physiological process of the human body. These range from simple devices like hot/cold pads to sophisticated devices like implantable defibrillator and high power laser machines. Devices used for the examination of human specimens are also included under the term. The classification of an energy-emitting device as a medical device would depend on whether its functions fall within the above definition of "medical devices". Certain energy-emitting devices commonly used in beauty procedures (such as high-power medical lasers and intense pulsed light equipment) are defined as medical devices due to their use for modifying the anatomy of human bodies.
Following the incident in October 2012 involving a beauty centre inappropriately offering high-risk medical procedures, the 15816 LEGISLATIVE COUNCIL ─ 2 July 2014
Administration established the Working Group under the Steering Committee. The Working Group has examined the safety and health risks of devices commonly used in beauty procedures such as high-power medical lasers and intense pulsed light equipment. After discussion, the Working Group considered that given the heterogeneity of the energy-emitting devices and their application in beauty procedures, the use of these devices should be regulated and this should be dealt with separately under the legislation on medical devices. The Working Group suggested that the Administration should conduct a more detailed study to examine overseas experience and practices and consider the scope of control over the use of these medical devices.
Having regard to the deliberation result of the Working Group, the Administration is preparing to engage a consultant to conduct a detailed study on the control of the use of these devices. A set of criteria will also be formulated to assess if the medical devices should be put under control, and the competencies and qualifications required for operating such devices. In the course of the study, we will fully consult the trade and stakeholders concerned, including the beauty industry. Generally speaking, medical devices (including energy-emitting medical devices) are intended to be used for medical purposes. The objective of imposing control over the use and operation of medical devices is to prevent unnecessary harm or complications arising from their improper use. In the absence of control arrangements, the operation of a medical device by a person without proper training or qualification may pose health risks to the operator himself/herself and his/her clients. Subject to the results of the consultant's study, non-registered healthcare professionals can be qualified to operate selected medical devices after completing the specified training and assessments.
(3) and (4)
The Government will consider the recommendations of the consultant and set up an advisory committee which will provide the DH with professional advice on issues relating to the implementation of the legislation to be enacted in future (for example, marginal cases of classification of medical devices or issues relating to the LEGISLATIVE COUNCIL ─ 2 July 2014 15817
regulation of medical devices which may be used in beauty procedures). Composition of the advisory committee will depend on the subjects to be discussed. It will be comprised of experts of different fields and members from the relevant stakeholder groups such as organizations of the trades concerned (including the beauty industry), medical associations, engineering institutions and academia.
Statistics on Parallel Traders
9. MR YIU SI-WING (in Chinese): President, it has been learnt that parallel trading activities have caused nuisance to the daily lives of residents in the North District, and that parallel traders make multiple trips to and from Hong Kong on a day. In this connection, will the Government inform this Council:
(1) whether it has surveyed the respective daily average numbers of adult Mainland people and Hong Kong residents who entered and departed Hong Kong twice as well as thrice or more within the same day (a round trip being counted as once) in the past five years, as well as their respective percentages in the total numbers, with the figures to be set out in the table below; if it has not conducted any survey, of the reasons for that;
Entering and Entering and departing Hong departing Hong Type of Kong twice within Kong thrice or more Year cross-boundary the same day within the same day travellers Average Percentage Average Percentage daily in the total daily in the total number number number number Mainland people Hong Kong 2010 residents Total Mainland people Hong Kong 2011 residents Total 15818 LEGISLATIVE COUNCIL ─ 2 July 2014
Entering and Entering and departing Hong departing Hong Type of Kong twice within Kong thrice or more Year cross-boundary the same day within the same day travellers Average Percentage Average Percentage daily in the total daily in the total number number number number Mainland people Hong Kong 2012 residents Total Mainland people Hong Kong 2013 residents Total Mainland people Hong Kong 2014 residents Total
(2) whether it has investigated the purposes of the persons mentioned in part (1) in making trips to Hong Kong; if it has, of the details, including the percentage of parallel traders among such persons; if not, the reasons for that; and
(3) whether it has any new measures to further combat parallel trading activities; if it does, of the details; if not, the reasons for that?
SECRETARY FOR SECURITY (in Chinese): President, the Administration's reply to Mr YIU's questions is as follows:
(1) and (2)
The Immigration Department (ImmD) does not maintain statistics on the number of Mainland visitors and Hong Kong residents who made two trips or more to Hong Kong on the day of arrival in the past five years. The data compiled by the Department between November 2013 and March 2014 indicates that, among Mainland visitors LEGISLATIVE COUNCIL ─ 2 July 2014 15819
travelling to Hong Kong on multiple-entry individual visit endorsements, around 3% (that is, around 1 200 persons per day) made two trips or more to Hong Kong on the day of arrival; only less than 1% of the visitors (that is, around 30 persons per day) made three trips or more to Hong Kong on the day of arrival.
Information indicates that Mainland residents arrested in enforcement operations against parallel trading held various types of endorsements, including single-entry and multiple-entry endorsements, and also endorsements for visiting relatives, business and individual visits. Besides, some of those arrested only entered Hong Kong once a day. Therefore, we cannot prove that a visitor is a parallel trader solely on the basis of the number of entries, otherwise visitors with genuine need to travel between Hong Kong and the Mainland more than once a day, such as parents, guardians or carers escorting cross boundary students, may be affected.
(3) The HKSAR Government is very concerned about the nuisance of parallel trading activities caused to the daily lives of residents. Since September 2012, the law enforcement agencies (LEAs) have implemented a series of measures to improve order at railway stations and boundary control points, so as to uphold the daily lives of our residents.
The LEAs have been refining their enforcement strategies in response to the mode of operation of parallel traders to combat parallel trading activities more effectively. For instance, since some parallel traders have recently distributed goods in a small volume by trolleys at various streets instead of at rented warehouses to avoid law enforcement actions, the LEAs have modified their mode of enforcement. The ImmD together with the Police Tactical Unit of the Hong Kong Police Force (HKPF) set up large-scale cordons and successfully arrested Mainland visitors suspected of being involved in parallel trading activities.
In addition, to crack down on the supply chain of parallel goods, the LEAs have strengthened intelligence exchange. After collecting and analysing information on the parallel trading network, the Customs and Excise Department (C&ED) pinpoints suspected 15820 LEGISLATIVE COUNCIL ─ 2 July 2014
parallel goods storage and packing establishments, and passes intelligence to the ImmD and the HKPF to conduct enforcement actions. Through a hotline, the C&ED also maintains close liaison with the Shenzhen boundary control points to allow for immediate notification and interception of suspected parallel traders.
After a series of enforcement actions, parallel trading activities have subsided. The HKSAR Government will continue to take targeted measures against parallel trading activities, including intelligence collection and exchange, joint operations, immigration control, and so on, as well as enhancing co-operation and conducting joint operations with relevant Mainland authorities.
Control on Use of Gibberellic Acids
10. MR SIN CHUNG-KAI (in Chinese): President, Gibberellic acids, a plant growth regulator, is a pesticide registered under the Pesticides Ordinance (Cap. 133). However, a group of farmers have recently relayed to me that the pesticide is highly toxic. They have also claimed that Tai Lung Experimental Station of the Agriculture, Fisheries and Conservation Department (AFCD) taught farmers to use Gibberellic acids in growing strawberries, which the AFCD has denied, adding that the pesticide has very low toxicity to mammals. In this connection, will the Government inform this Council:
(1) whether it knows if the European Union (EU) or other countries have prohibited the use of Gibberellic acids; if they have done so, of the details and the reasons for the Government not following the practices of those countries; and
(2) whether it has made guidelines to teach farmers the proper and safe use of plant growth regulators (including the appropriate quantities to be applied); if it has, of the details; if not, the reasons for that?
SECRETARY FOR FOOD AND HEALTH (in Chinese): President,
(1) Gibberellic acid, a plant growth regulator, is a registered pesticide (registration number: 2P112) under the Pesticides Ordinance LEGISLATIVE COUNCIL ─ 2 July 2014 15821
(Cap. 133). All along, the AFCD only registers pesticides that are classified as slightly or moderately hazardous by the World Health Organization (WHO). The AFCD also imposes restrictions on the formulation and concentration of registered pesticides. According to WHO's classification of pesticides by hazard(1), gibberellic acid belongs to the class of pesticides which are "unlikely to present acute hazard in normal use". Information provided by the EU on the Internet shows that the EU does not prohibit the use of gibberellic acid. According to the information available to AFCD, gibberellic acid is a registered pesticide in many countries, including the United States, Canada, Mainland China, Australia and New Zealand and can be used on a wide range of crops.
(2) The AFCD considers it unnecessary for farmers to use plant growth regulators in their cultivation. The AFCD has never advised local farmers to use gibberellic acid in growing strawberries. In case individual farmers wish to use any plant growth regulators, they should follow the instructions on application quantity and method as specified in the product labels.
(1) According to the WHO classification by hazard, there are five classes of pesticides, namely those which are "extremely hazardous", "highly hazardous", "moderately hazardous", "slightly hazardous" and "unlikely to present acute hazard in normal use".
Handling of Conflicts Between Flat Owners and Management Committees over Building Maintenance and Repair Works
11. MS EMILY LAU (in Chinese): President, recently, some flat owners of a housing court undergoing major maintenance works were dissatisfied with the exorbitant costs of such works, and they suspected that someone had secured the maintenance works contracts by means of bid-rigging so as to earn excessive profits. Hence, they participated in a campaign "against bid-rigging" in building maintenance but received letters afterwards threatening the safety of their families. On another front, paragraph 1(2) of Schedule 3 to the Building Management Ordinance (Cap. 344) (the Ordinance) provides that "[t]he chairman of the management committee shall convene a general meeting of the [owners'] corporation at the request of not less than 5% of the owners for the purposes specified by such owners within 14 days of receiving such request, and hold the general meeting within 45 days of receiving such request". I have 15822 LEGISLATIVE COUNCIL ─ 2 July 2014 learnt that after securing the consent of 5% of the owners, some owners of a housing court requested the chairman of the management committee (MC) of the owners' corporation (OC) of the housing court to convene a general meeting in accordance with the aforesaid provision to give an account of the maintenance works for that housing court. However, the MC chairman concerned subsequently resigned, and the MC refused to appoint a new chairman. As a result, no general meeting can be convened since then. In this connection, will the Government inform this Council:
(1) of the new measures to effectively combat bid-rigging in building maintenance works, and the ways to protect the personal safety of owners who have raised queries on the maintenance works;
(2) given that even at the request of not less than 5% of the owners, no general meeting can be convened as long as the office of the MC chairman is vacant, whether it has assessed if there is any loophole in the Ordinance; if the assessment outcome is in the affirmative, whether the Government will amend the Ordinance shortly to plug the loopholes; and
(3) whether it has examined if the MC in the second aforesaid case has discharged the duties of an OC under section 18 of the Ordinance in good faith and in a reasonable manner; if the assessment outcome is in the negative, whether the Authority will order under section 40B of the Ordinance the MC to appoint, within a specified reasonable period, a building management agent for the purposes of managing the housing court?
SECRETARY FOR HOME AFFAIRS (in Chinese): President,
(1) The SAR Government is very concerned about crimes involving building maintenance works. Relevant departments and organizations, including the Independent Commission Against Corruption (ICAC), the Hong Kong Police Force (HKPF), the Home Affairs Department (HAD), the Urban Renewal Authority (URA) and the Hong Kong Housing Society (HKHS), have been working closely together in adopting a multi-pronged approach through proactive measures such as publicity and education, enhancement to LEGISLATIVE COUNCIL ─ 2 July 2014 15823 procedures, provision of better support for OCs and owners as well as active investigation and enforcement actions to prevent people from conducting unlawful activities in the course of building maintenance works.
On the fronts of publicity and education, the ICAC and the HKPF, in collaboration with the HAD, the URA and the HKHS, and so on, have been making concerted efforts to provide OCs and owners with guidance on corruption and crime prevention, as well as guidelines on the tendering of building maintenance works. In mid-December 2013, the ICAC published a new edition of the Building Maintenance Toolkit, providing advice on effective corruption prevention measures, checklists on points to note and templates of documents for the reference of OCs and owners. With the assistance of the HKHS and the URA, the ICAC has also commissioned an independent academic institution to analyse the costs of maintenance projects completed under the Operation Building Bright (OBB) and study the feasibility of setting up a renovation cost database for public reference.
Moreover, through the RenoSafe Scheme, the HKPF provides OCs intending to carry out building maintenance works with an information package, listing crimes that may arise from improper handling of building maintenance works and offering advice on preventive measures. Posters or banners are displayed at conspicuous positions of the participating buildings for enhanced publicity and effective deterrence.
As for law enforcement, the ICAC and the HKPF take proactive action to follow up on and investigate all complaints and reported cases. The HKPF has earlier set up a special working group under its Organized Crime and Triad Bureau, and augments its intelligence gathering efforts through the Renosafe Scheme, under which the respective local anti-triad officers make direct contacts with the OCs and owners concerned and invite them to provide information on crimes. Anyone who consider their personal safety under threat or feel intimidated may report the case to the police and seek their assistance.
15824 LEGISLATIVE COUNCIL ─ 2 July 2014
As regards the provision of better support for OCs and owners, the HAD has, through the Building Management Professional Advisory Service Scheme, engaged professional property management companies to form OCs for target buildings, assist OCs in taking forward maintenance works and follow up on tender matters. Moreover, in collaboration with three professional institutions, viz. the Hong Kong Institute of Surveyors, the Hong Kong Institution of Engineers and the Hong Kong Institute of Architects, the HAD launched the one-year "AP Easy" Building Maintenance Advisory Service Scheme in April 2014 as a pilot scheme under which expert teams comprising members of the professional institutions will, on a voluntary basis, offer professional advice on the engagement of consultants for tenders, including drafting of tenders and contract documents as well as analysis of tenders, to OCs intending to carry out large-scale building maintenance works.
In addition, the HKHS and the URA make enhancement to the procedural arrangements under the OBB and other building maintenance assistance schemes from time to time in a bid to eradicate the acts of bid-rigging. For instance, consultancy firms participating in a tendering exercise are required to submit to the OCs concerned working-hour allocation tables of authorized persons and relevant professionals so as to allow the OCs to have sufficient information to evaluate whether the fees charged by the firms are reasonable, thereby avoiding the risk of bid-rigging owing to an exceptionally low level of charges. Independent consultants are also engaged by the HKHS and the URA to provide the participating buildings with an evaluation of maintenance costs as a reference for OCs and owners to assess whether the tender prices are comparable with the market level before they decide on the suitable tender to be selected.
Furthermore, the HKHS and the URA participate in OC meetings and conduct briefings at different stages to explain points to note in preparing for maintenance works. In late 2013, the HKHS and the URA introduced a new tendering arrangement for building contractors under the OBB, by engaging an independent professional accountant to handle administrative work related to tendering exercises for the appointment of building contractors. The LEGISLATIVE COUNCIL ─ 2 July 2014 15825
arrangement aims to create a more equitable, interference-free and competitive tendering environment. Meanwhile, the HKHS and the URA are displaying on their websites the information of buildings undergoing tendering exercise under OBB to encourage more contractors to participate in the tendering process. On another front, the URA launched the "Building Rehab Info Net", a website on building maintenance resources, early this year to provide useful information for those who intend to carry out building maintenance works.
The Competition Ordinance (Cap. 619) enacted in 2012 provides that an undertaking must not make or give effect to an agreement if the object or effect of the agreement is to prevent, restrict or distort competition in Hong Kong. A bid-rigging agreement between undertakings might contravene the Competition Ordinance. The Administration, the Competition Commission and the Judiciary are making preparation for the full implementation of the Competition Ordinance. The Competition Ordinance will be brought into full operation when all preparatory work is completed. After the Competition Ordinance has come into full force, the Competition Commission may conduct an investigation into the relevant case if it has reasonable cause to suspect that ant-competitive conduct has taken place.
(2) As stipulated in paragraph 1(2) of Schedule 3 to the Building Management Ordinance (BMO), the chairman of the MC shall convene a general meeting of the OC at the request of not less than 5% of the owners for the purposes specified by such owners within 14 days of receiving such request, and hold the general meeting within 45 days of receiving such request.
The vacancy that occurs in the office of the MC chairman may be filled according to the mechanism stipulated in paragraph 6(4) of Schedule 2 to the BMO. The paragraph provides for two ways to fill the vacancy. First, the OC may, by a resolution passed at a general meeting of the OC, appoint a person, from amongst the MC members, to fill the vacancy till the next annual general meeting of the OC at which the MC members retire under paragraph 5(1) of the BMO; and second, if no general meeting of the OC has been 15826 LEGISLATIVE COUNCIL ─ 2 July 2014
convened or no appointment is made to fill the vacancy at a general meeting, the MC members may appoint a person, from amongst themselves, to fill the vacancy till the next general meeting of the OC.
When the office of the MC chairman becomes vacant, we encourage the OC to fill the vacancy according to the mechanism stipulated in paragraph 6(4) of Schedule 2 to the BMO as soon as possible for the normal operation of the OC.
There is a suggestion that paragraph 1(2) of Schedule 3 to the BMO be amended, so that a general meeting can still be convened at the request of not less than 5% of the owners even when the office of the MC chairman is vacant. In considering the suggestion, we have to examine carefully the feasibility of each option, and to take into account whether the approach will easily give rise to disputes among owners. Some possible options which may be considered include allowing the vice-chairman to convene the general meeting in place of the chairman; the MC members appointing one of its members to convene the general meeting, and allowing the owners who have requested to convene the general meeting to nominate a representative to convene the meeting, and so on. We will study the above issues in detail in the process of reviewing the BMO.
The Government has established the Review Committee on the Building Management Ordinance earlier to study how to resolve or alleviate common building management problems through amending the BMO. We are following up on the recommendations of the Review Committee, with the objective of making initial proposals on legislative amendments for consultation with stakeholders and the public later this year. The consultation paper will include proposals for amending paragraph 1(2) of Schedule 3 to the BMO.
(3) As regards the management of private buildings, the Government's policy is to assist owners to discharge their building management responsibilities through multi-pronged measures, including the provision of a legal framework and appropriate support services. The BMO provides a legal framework for building management, formation and operation of OCs and other related matters. OCs are LEGISLATIVE COUNCIL ─ 2 July 2014 15827 independent body corporates. In addition to empowering the OCs to act on behalf of the owners to handle matters relating to building management, the BMO also empowers owners to monitor the operation of OCs and MCs. Nevertheless, the BMO does not empower the Authority to make a ruling on building management issues or related disputes. According to section 45 of and Schedule 10 to the BMO, the Lands Tribunal shall have jurisdiction in relation to building management.
The duties and powers of an OC have been stipulated in the BMO. Under section 18 of the BMO, an OC shall maintain the common parts of the building and the property of the OC in a state of good and serviceable repair and clean condition. It shall also do all things reasonably necessary for the enforcement of the obligations contained in the deed of mutual covenant for the control, management and administration of the building. If the OC fails to act as required under the BMO, or the owners are of the view that the MC has not performed the duties specified in the BMO in good faith and in a reasonable manner, the owners may apply to the Lands Tribunal for a determination.
Section 40B of the BMO stipulates that where it appears to the Authority in the case of any building having an MC that no person is, for the time being, managing that building; the MC has failed substantially to perform the duties of an OC under section 18 of the BMO; and by reason of the circumstances mentioned above, there is a danger or risk of danger to the occupiers or owners of the building, the Authority may order that, within a reasonable period as specified, the MC must appoint a building management agent for the purposes of managing that building. The purpose of the provision is to protect the safety of residents by allowing the Authority to make a timely intervention in case of emergencies arising from the lack of effective management of a building. If any owners make such request, the Authority will consider carefully and thoroughly the specific circumstances of individual cases and the justifications of the owners according to the established procedures before making a decision.
15828 LEGISLATIVE COUNCIL ─ 2 July 2014
Enhancing Resilience of Hong Kong's Financial System
12. MR NG LEUNG-SING (in Chinese): President, the Financial System Stability Assessment report released by the International Monetary Fund (IMF) on 22 May this year has pointed out that while Hong Kong's financial system is resilient, it also faces a number of major risks: the anticipated exit from unconventional monetary policy in the United States can increase capital market volatility and reduce system-wide liquidity; any correction of property prices, which now stand at historical highs, poses risks for both borrowers and banks; the increasing economic and financial integration between Hong Kong and the Mainland offers considerable expansion opportunities for businesses, but at the same time generates significant spillover risks, especially if there is any significant financial disruption or economic slowdown on the Mainland. In this connection, will the Government inform this Council:
(1) whether the authorities have conducted any assessment on the major risks pointed out by IMF; if they have, of the assessment results; if not, the reasons for that;
(2) of the precautionary and forward-looking measures the authorities will take in respect of such major risks to enhance the resilience of Hong Kong's financial system; and
(3) whether the authorities have plans to take a new round of counter-cyclical prudential and fiscal measures in the light of the existing market situations; if they do, of the details; if not, the reasons for that?
SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Chinese): President,
(1) According to the Financial System Stability Assessment report released in May this year, the IMF's comprehensive assessment commended Hong Kong's financial system as very well regulated and resilient, with the capacity to withstand a diversity of shocks. The Administration's assessment on the major risks faced by Hong Kong's financial system at present is broadly in line with that of the IMF.
LEGISLATIVE COUNCIL ─ 2 July 2014 15829
We share the IMF's view that the major external risk is the uncertainty concerning the pace and scale of the US Fed's tapering and the interest rate normalization process. Any significant or adverse developments could increase volatilities in the global financial market conditions (particularly those emerging market economies with weaker fundamentals), fund flows and liquidity situations, impacting on Hong Kong's growth prospects through trade and financial channels.
Domestically, the main risk is any disorderly correction in property prices. Should there be a significant change in fund flows due to any global financial market volatility, it could impact on our property market. In this regard, the Administration and the Hong Kong Monetary Authority (HKMA) have introduced various demand-side management measures and counter-cyclical prudential measures on mortgage lending respectively to strengthen the capacity of the local economy and financial markets to withstand risks associated with the uncertainties of the external environment.
With regard to the increasing integration with the Mainland, as noted by the IMF, it offers considerable expansion opportunities for Hong Kong's financial sector. For instance, as the Mainland liberalizes its policies on the use of Renminbi (RMB) in cross-border transactions, offshore RMB business in Hong Kong has been developing steadily. The RMB deposit pool, trade settlement, financing activities, foreign exchange transactions and investment products continue to grow vibrantly. That said, the HKMA is mindful of the credit risks associated with the growth of Hong Kong banks' exposures to non-bank Mainland entities in recent years, and have asked banks to manage properly the associated risks when expanding their Mainland-related business. The HKMA will continue implementing relevant risk management measures to this end.
(2) The IMF's Financial System Stability Assessment report has affirmed that Hong Kong has in place complementary structures for macroprudential and microprudential oversight to identify and manage risks of the financial sector. The Administration and the financial regulators have been monitoring the global financial 15830 LEGISLATIVE COUNCIL ─ 2 July 2014
developments very closely. The financial regulators have implemented various measures in monitoring systemic risks and performed stress tests on an ongoing basis to assess the financial system's, as well as individual financial institutions', capacity to withstand shocks. In additional, financial regulators maintain regular contacts with their overseas counterparts to keep track of the operating and financial situations of foreign financial institutions, in order to identify any risks to Hong Kong's financial markets. The Administration and financial regulators will continue to remain vigilant, and improve further the existing regime in line with emerging international practice, so as to tackle challenges arising from global economic changes readily.
In relation to the risks concerning the volatility of the property market, the HKMA has introduced six rounds of counter-cyclical prudential measures on mortgage lending. These measures have strengthened banks' resilience to the risks of any property market downturn.
In light of the strong credit growth in the past few years, the HKMA has stepped up supervisory efforts on credit risk management and liquidity risk management of banks. These will ensure banks to continue maintaining credit underwriting standards stringently and managing liquidity risks prudently. Relevant regulatory measures include: (i) regular and thematic onsite examinations on banks' credit underwriting processes; (ii) regular supervisory stress-testing to assess banks' resilience to credit shocks; and (iii) introduction of a stable funding requirement since the fourth quarter of 2013 to ensure that the loan growth of banks is supported by adequate long-term funding and remains sustainable against any possible future deterioration in the liquidity situation.
(3) The introduction of the demand-side management measures by the Administration and six rounds of counter-cyclical prudential measures on mortgage lending by the HKMA has achieved positive results in stabilizing the property market and strengthening banks' risk management. The Administration and the HKMA will continue to monitor closely the market situation and external environment, and will consider taking appropriate measures to LEGISLATIVE COUNCIL ─ 2 July 2014 15831
safeguard the financial and banking stability in Hong Kong, in response to changes in the market cycle and having regard to relevant factors.
Protection of Aquilaria Sinensis
13. MS CLAUDIA MO (in Chinese): President, Aquilaria sinensis (incense tree) is an endangered plant species protected under the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586). Incense tree is said to be the origin of the name "Hong Kong" (which means "fragrant port"), but some green groups have alleged that over the years, the Government has not endeavoured to protect incense trees, a symbol of Hong Kong. For instance, while 168 incense trees were illegally felled in Hong Kong last year, 219 have already been felled illegally in the first five months of this year, and the situation is deteriorating. They have pointed out that if the Government continues to ignore this problem, it is very likely that incense trees will become extinct in a few years. In this connection, will the Government inform this Council:
(1) given that at a meeting with some incense tree concern groups and myself on 3 June this year, officials of the Environment Bureau undertook that they would consider studying the inclusion of incense tree in the Forestry Regulation (Cap. 96 sub. leg. A) to prohibit any person from selling, offering for sale, or having in his possession or under his custody or control incense trees or any portion of it, whether the authorities have initiated any follow-up action in this regard; if they have, of the details, and whether they have set a legislative timetable; if they have no follow-up action, the reasons for that, and when the legislative exercise is expected to commence;
(2) as it has been reported that most of the people engaged in illegal tree-felling activities came from the Mainland, and the hewing tools in their possession, for example, axes and electric saws, could be used as weapons which posed threats to the personal safety of Hong Kong people, whether the police have investigated if such tree-felling activities were organized by crime syndicates; if they have, of the details; if not, when they will commence such investigation;
15832 LEGISLATIVE COUNCIL ─ 2 July 2014
(3) of the details of the authorities' patrols in forests at present, and list by location of forest the responsible government departments, the number of patrol staff and the frequency of such patrols; whether the authorities will step up law-enforcement actions to protect incense trees, such as stepping up patrols or fencing off lands planted with incense trees;
(4) as some green groups have relayed that many incense trees in Tai Po Kau Nature Reserve have been felled in recent years, whether the authorities will step up patrols in that Reserve;
(5) of the number and details of cases of smuggling of incense trees which were intercepted by the police and the Customs and Excise Department (C&ED) in the past three years; whether it has plans to step up efforts in combating the smuggling of incense trees;
(6) of the numbers of reports received and prosecutions instituted by the authorities in each of the past five years in respect of illegal felling of protected trees (with a breakdown by species and age of tree); the punishment imposed on the convicted persons in general, with a breakdown of the number of such persons by their nationality; and
(7) as some green groups have pointed out that the Taiwanese Government has installed infrared detection systems in nature reserves to curb illegal tree-felling in order to protect precious trees in the territory, whether the authorities will adopt a similar practice to protect the incense trees in Hong Kong?
SECRETARY FOR THE ENVIRONMENT (in Chinese): President, our reply to Ms MO's question is as follows:
(1) The Environment Bureau and the Agriculture, Fisheries and Conservation Department (AFCD) regularly reviews the Forests and Countryside Ordinance (Cap. 96), including types of trees governed by the said Ordinance. However, in respect of the conservation of wild incense tree, the current priority is to combat illegal tree felling. The AFCD and the police have always been very concerned about LEGISLATIVE COUNCIL ─ 2 July 2014 15833
illegal tree felling activities and are committed to combating such illegal activities with joint efforts.
Under the Forests and Countryside Ordinance, any person who unlawfully fells or destroys any trees or growing plants on Government land is liable to a fine and imprisonment. Depending on the circumstances of individual cases, the police may initiate prosecutions under the Theft Ordinance (Cap. 210), which imposes a heavier penalty. Any person arrested and charged with theft is liable to a maximum penalty of imprisonment for 10 years.
As shown in the past cases, the stolen incense trees were mainly sold outside Hong Kong. Some concern groups propose the inclusion of incense tree in the Forestry Regulations (Cap. 96, sub. leg. A) to prohibit any person from selling, offering for sale, or having in his possession or under his custody or controlling incense tree or any portion of it. However, it is not the foremost task to address the current problem.
(2) and (3)
The AFCD has been conducting regular patrols in country parks and special areas, including night patrols and joint operations with the police from time to time at black-spots of illegal tree felling. As incense trees are commonly found in woodland and widely distributed in countryside areas throughout Hong Kong, it is not feasible to fence off and protect each and every incense tree. Also, tree roots may be damaged and distribution of incense tree may be exposed when the fencing work is taking place. As with the Police Force, it has stepped up patrols at relevant black-spots by deploying officers including the rural patrol team, as well as strengthened its communication with the villagers to collect intelligence on illegal tree felling and suspicious persons nearby. If any person is found to be in possession of axes and electric saws for use as weapons, depending on the circumstances, the police will conduct investigation under the offence of possession of offensive weapon.
(4) The AFCD is very concerned about the felling of incense tree in the Tai Po Kau Nature Reserve and has stepped up patrols at targeted 15834 LEGISLATIVE COUNCIL ─ 2 July 2014
sites, including day and night patrols, and worked closely with the police with a view to curbing illegal felling activities. The police has also stepped up patrols near the Tai Po Kau Nature Reserve.
(5) Regarding the work in combating smuggling activities, the AFCD and the C&ED have been working closely to combat smuggling of endangered species (including valuable trees such as incense tree) under the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586). Between January 2011 and April 2014, 21 cases involving incense tree were detected by the C&ED at various control points. Among them, there were two cases involving smuggling agarwood from Hong Kong to the Mainland. The AFCD has verified that the native incense tree was not involved in the said two cases. In addition, in June 2014 the Marine Police intercepted a locally registered vessel which was suspected of exporting illegally-felled incense trees. Six persons concerned with the case were arrested and 76 kg incense wood was recovered. The case is still under investigation.
(6) Currently, offenders suspected of involving in illegal felling of incense tree and Podocarpus macrophyllus (Buddhist pines) were mainly prosecuted for criminal offences on theft, criminal damage, possession of offensive weapon, going equipped for stealing, and so on. The number of incense tree and Buddhist pines cases and prosecutions handled by the police under the abovementioned offences in the recent five years (2009-2013) are set out at Tables 1 and 2 respectively. The police do not maintain statistical data on the age of trees nor the nationalities of the persons involved.
Table 1: Cases involving Incense Trees
Number of Number of Number of Year persons Penalties cases prosecutions arrested 2009 15 5 2 2 to 4 months 2010 19 19 9 3 days to 51 months 2011 72 65 28 3 to 35 months 2012 67 64 29 9 to 45 months 2013 96 41 21 24 to 45 months
LEGISLATIVE COUNCIL ─ 2 July 2014 15835
Table 2: Cases involving Buddhist Pines
Number of Number of Number of Year persons Penalties cases prosecutions arrested 2009 3 0 0 0 2010 5 0 0 0 2011 4 0 0 0 2012 1 0 0 0 2013 7 4 1 24 months
Under the Forests and Countryside Ordinance (Cap. 96), no person shall fell or destroy any trees or growing plants on Government land without permission. The number of investigation cases and enforcement operations conducted by the AFCD under the said Ordinance over the past five years are set out at Table 3, mainly involving common plants, such as Dimocarpus longan (Longan), Litchi chinensis (Lychee), Cinnamomum camphora (Camphor tree), Ficus microcarpa (Banyan) and Sterculia lanceolata (Scarlet Sterculia). There is no statistical data on the age of trees.
Table 3: Cases of illegal felling of other plants
Year Number of cases Number of prosecutions* Total fines ($) 2009 59 4 6,250 2010 92 10 38,900 2011 120 14 18,700 2012 137 13 11,200 2013 47 7 14,000
Note:
* "Number of prosecution cases" include cases carried forward from previous year(s) but do not include the prosecution cases that are still being processed at the end of the year.
(7) There were proposals in the past that CCTV should be installed at places where incense trees were found so as to strengthen monitoring and protection of such plant. According to our understanding, in other places, monitoring cameras are installed at the major access of some protected areas to detect access flow of people and to prevent 15836 LEGISLATIVE COUNCIL ─ 2 July 2014
theft and hunting cases. This measure is more suitable to be taken at places with restricted and conspicuous major access. Given that incense trees are widely distributed in countryside areas throughout Hong Kong, installation of such monitoring systems may not be effective in preventing illegal felling activities. Furthermore, substantial resources have to be put in place in this regard. To combat illegal tree felling activities, co-operation of the residents living in the vicinity is required. Any person who finds illegal tree felling activities should inform the police and the relevant government departments as soon as possible, so that timely enforcement actions can be taken.
Continuing Education Fund
14. MR ABRAHAM SHEK (in Chinese): President, the Government established the Continuing Education Fund (CEF) in 2002 to encourage the local labour force to equip themselves in coping with the globalized and knowledge-based economic development, and to create opportunities for young people to move up the social ladder. There are views that while continuing education will facilitate personal development to a certain extent, some members of the public have, for various reasons (for example, high tuition fees) chosen not to pursue further studies. In this connection, will the Government inform this Council:
(1) of the number of applicants granted subsidies by CEF in the past five years, together with a breakdown by qualifications to be obtained by applicants upon completion of the reimbursable courses;
(2) of the respective numbers of applicants and cases granted subsidies since the establishment of CEF, together with a breakdown by age group (for example, 18 to 30, 31 to 50 and 51 to 65 years of age) to which the applicant belonged and gender of the applicant; whether it has assessed the number of applicants whom CEF can subsidize with its current balance; if so, of the details;
(3) notwithstanding the Financial Secretary's indication that CEF should not be considered as a standing measure in the long run, but LEGISLATIVE COUNCIL ─ 2 July 2014 15837
that the economic environment has changed and is moving towards diversification, whether the authorities will consider injecting additional funds into CEF; if so, of the details; if not, the reasons for that;
(4) as it has been reported that the tuition fees for some courses run by self-financing post-secondary institutions increased by as high as 25% in the 2013-2014 academic year, but the ceiling of subsidies at $10,000 in total for each applicant has remained unchanged since the establishment of CEF, whether the authorities will raise the ceiling of subsidies, so as to alleviate the financial burden of the applicants; if so, of the details; if not, the reasons for that; whether there are measures in place to encourage private institutions to formulate policies of subsidizing their employees to pursue further studies or participate in training programmes; if there are measures, of the details; if not, the reasons for that; and
(5) given that the consultation paper on population policy released by the Government in 2013 has pointed out that the construction industry, retail and catering industries, and care service sector, are facing labour shortage, how many courses currently on the list of reimbursable courses are associated with such industries, and how many people have been granted subsidies to enrol in such courses by CEF since its establishment; whether it has compiled statistics on the number of persons who changed jobs in the past three years to work in such industries within one year after completion of the relevant courses; whether it has plans to incorporate more courses associated with such industries into the list of reimbursable courses, so as to encourage more people to join such industries, thereby alleviating the labour shortage?
SECRETARY FOR LABOUR AND WELFARE (in Chinese): President, my reply to the questions raised by Mr Abraham SHEK is as follows:
(1) In the past five years (that is, from June 2009 to May 2014), a total of 176 573 persons were granted subsidies under the CEF. A breakdown of the number of CEF recipients by academic 15838 LEGISLATIVE COUNCIL ─ 2 July 2014
qualifications to be obtained upon completion of the reimbursable CEF courses is provided at Annex.
(2) Since the establishment of CEF in 2002, a total of 521 523 reimbursement applications were approved, involving 438 914 CEF recipients (as at May 2014). The distribution of the number of CEF recipients by age group is set out in the table below:
Age Group 18 to 29 30 to 39 40 to 49 50 to 65 Total Number of CEF 228 825 125 742 64 842 19 505 438 914 recipients
The Office of the Continuing Education Fund (OCEF) does not capture the gender of CEF recipients in the record.
In April 2002, the Government set up CEF with a funding of $5 billion. With a further injection of $1.2 billion in July 2009, the total funding provision for CEF increased to $6.2 billion. As at May 2014, the total commitments of CEF was about $4.6 billion, including about $3.6 billion disbursed to applicants who had successfully completed the courses and about $1 billion set aside for applicants who had opened CEF accounts. Assuming that each applicant will be granted a subsidy of $10,000, it is roughly estimated that CEF will further benefit about 160 000 residents who have not opened CEF accounts.
(3) As CEF has a current balance of about $1.6 billion, the Government has no plan to arrange any further injection at this stage, but will continue to monitor the operation and balance of CEF.
(4) Each CEF applicant may, on completion of a CEF course, apply for reimbursement of 80% of the course fee, subject to a maximum sum of $10,000. For the majority (about 70%) of CEF courses, the tuition fee of each course is at or below $10,000. The current level of subsidy is considered generally sufficient.
The Government will continue to promote CEF and encourage continuing education through various channels, such as CEF's LEGISLATIVE COUNCIL ─ 2 July 2014 15839
website and CEF course providers so that the general public will have a better understanding of CEF.
(5) The original scope of subsidy was extended in 2004, 2007, 2008 and 2009 respectively. At present, CEF courses cover those falling within eight specified domains and those having registered as Specification of Competency Standards (SCS)-based courses under the Qualification Register (QR). The training courses that fall within the eight specified domains (that is, business services, financial services, logistics, tourism, creative industry, design, language(1), and interpersonal and intrapersonal skills for the workplace) may be registered as CEF courses by application, subject to the assessment by the Hong Kong Council for Accreditation of Academic and Vocational Qualifications. Courses designed in accordance with SCSs drawn up by the respective Industry Training Advisory Committees under the Qualifications Framework and registered under QR may also be registered and covered by CEF. At present, 15 industries (including the Chinese catering and retail industries) have developed their respective SCSs. The industry consultation on the draft SCS for elderly care services has just been completed. The Government will continue to review the scope of CEF courses.
Currently, there are 11 courses related to Chinese catering on the list of CEF courses. As at May 2014, a total of 60 applicants having enrolled in those 11 courses had been granted subsidies under CEF. At present, no courses related to the construction industry, retail industry and care service sector are on the list of CEF courses.
The OCEF does not collect information about CEF recipients' employment status after completion of CEF courses. We do not have information on the number of CEF recipients who have changed jobs after completion of the relevant courses.
(1) Language courses in English, Chinese (written), Putonghua, French, German, Japanese, Spanish, Korean, Italian and Russian are eligible for registration under the CEF. 15840 LEGISLATIVE COUNCIL ─ 2 July 2014
Annex
Breakdown of the number of CEF recipients by academic qualifications to be obtained upon completion of CEF courses (From 1 June 2009 to 31 May 2014)
Number of CEF Academic Qualifications recipients Master Degree 640 Postgraduate Diploma 388 Bachelor Degree 1 672 Postgraduate Certificate/Postgraduate Award 59 Associate Degree 137 Advanced Diploma/Professional Diploma/Post-Diploma 4 963 Certificate Higher Diploma 469 Diploma/Executive Diploma/Graduate Diploma 11 350 Associate Diploma 381 Advanced/Professional/Higher Certificate 4 977 Certificate/Executive Certificate/Graduate Certificate 31 533 Others (such as Certificate of 120 004 Completion/Attendance/Examination Result)Note Total 176 573
Note:
Including modules of a course and short-term courses with no formal qualifications awarded
Sites Zoned as "Open Space"
15. MR JAMES TO (in Chinese): President, it is learnt that two sites at Hoi Fai Road and Hoi Fan Road in Olympic have been zoned "Open space" for years. The Leisure and Cultural Services Department (LCSD) has planned to develop parks on the two sites, but the related works have yet to commence. Regarding "Open space" sites, will the Government inform this Council:
(1) of the latest progress of the works projects in relation to the aforesaid two sites; when the authorities intend to submit the relevant funding proposals to the Finance Committee of this Council and when the works are expected to commence and complete;
LEGISLATIVE COUNCIL ─ 2 July 2014 15841
(2) as I have learned that works on the Hoi Fan Road site cannot commence because the LCSD has not received the layout plan from the Architectural Services Department (Arch SD), of the number of similar cases at the moment;
(3) of the current number of "Open space" sites in Hong Kong the end-use of which has been confirmed but the related works have yet to commence; the lot number, area, the end-use, the number of years lapsed since the decision on the land use was made and the reasons for not commencing the related works, set out in a table;
(4) among the sites in part (3), of the number of those to be used as a park in the end; among such sites, the number of those which have been handed over to the LCSD; the respective lot numbers and handover dates of such park sites, set out in a table;
(5) whether the LCSD has drawn up any performance pledge on the period of time within which it must complete the works after possession of sites for park development; if it has, of the details; if not, whether it has considered drawing up such performance pledge;
(6) whether it has plans to change the land use of some park sites on which the works have yet to commence; if it does, set out the details in a table; and
(7) of the number of sites rezoned from "Open space" to other uses in the past three years, and set out the respective lot numbers and new planned uses of these sites in a table?
SECRETARY FOR HOME AFFAIRS (in Chinese): President, my reply to various parts of the question upon consultation with the Development Bureau is as follows:
(1) For the open space at Hoi Fai Road, the Arch SD has revised the design of the project in the light of the views of the Yau Tsim Mong District Council (YTMDC) and the Harbourfront Commission. To take the project forward, the Administration will seek funding in 15842 LEGISLATIVE COUNCIL ─ 2 July 2014
accordance with the established procedures for government public works.
As regards the open space at Hoi Fan Road, the LCSD has consulted the YTMDC Community Building Committee on the scope of works of the project. Having completed a technical feasibility study for the project, the Arch SD will engage consultants for the design work. Upon completion of the outline design, the LCSD will consult the YTMDC. Subject to the progress of the design work and consultation, the Administration will seek funding in accordance with the established procedures for government public works to take the project forward.
(2) According to the procedures for public works, any development of a recreational area on a site zoned "Open Space" has to undergo a technical feasibility study and be confirmed as feasible before the design work can commence. Apart from the project at Hoi Fan Road, five LCSD projects have been confirmed as technically feasible and the design work is in progress. Of these projects, the Arch SD has started design work for the open space project at Hung Hom Waterfront Promenade, and will soon engage consultants to design the harbourfront promenade adjacent to the Hong Kong Children's Hospital. As for the remaining three projects, the LCSD is following up on arrangements for the design work with Arch SD.
(3) According to information from the Planning Department, on statutory plans there are currently about 1 200 sites zoned "Open Space" with a total area of about 2 130 hectares. It should be noted that sites planned for open space use may not necessarily be zoned as "Open Space" on the statutory plans, as they also include facilities such as parks within public or private residential developments. For sites planned for public open space or other relevant facilities, the bureau or department concerned will determine the implementation schedule having regard to considerations such as the demand for such facilities (including parks), demographic changes in the district, and the funding required for construction and operation.
The Government does not have comprehensive statistics on individual sites planned for open space use, the development of LEGISLATIVE COUNCIL ─ 2 July 2014 15843
which has yet to start under the purview of different bureaux or departments.
(4) and (5)
Generally speaking, at the planning stage of developing a park, the LCSD does not need to obtain possession of the site concerned, and the site will be put to temporary use by one or more relevant departments. Only when construction work is about to start will the LCSD take possession of the site and hand it over via the Arch SD to the contractor engaged by the Government to start work. The expected duration of the construction work varies, depending on factors including the scope, design, scale and complexity of the works. The Administration provides details of the anticipated construction schedules of individual projects in the papers when it submits funding proposals to the Public Works Subcommittee of the Legislative Council.
Other than the site for open space at Hoi Fai Road, which has been handed over to the LCSD and is temporarily used as a plant nursery, the LCSD is not in possession of any of the open space sites mentioned in parts (1) and (2) where works have yet to commence.
(6) To meet the development needs of the community, the Government carries out land use reviews from time to time to ensure the optimization of land resources, and may rezone suitable "Government, Institution or Community" sites, "Open Space" sites and other government sites for other uses that meet more pressing community needs. Concerned bureaux and departments are consulted during the reviews, and if they consider that there is a need to re-provide existing or planned facilities, suitable sites will be sought, or co-location of facilities within the proposed development will be considered. Relevant District Councils are also consulted on rezoning proposals and the arrangements for the facilities concerned.
Currently, there are five sites across the territory where a rezoning from "Open Space" to other land uses is in progress, on which the relevant District Councils have been consulted and which are 15844 LEGISLATIVE COUNCIL ─ 2 July 2014
pending Town Planning Board consideration. Details of the sites are at Annex 1.
(7) In the past three years (that is, from June 2011 to May 2014), a total of 16 sites have been subject to rezoning from "Open Space" to other land uses. Details of the sites are at Annex 2.
Annex 1
Sites Involving Proposals of Rezoning "Open Space" to Other Land Uses (on which the Relevant District Councils Have Been Consulted and are Pending the Town Planning Board's Consideration)
Proposed Land Use Upon Site Location Area (hectares) Rezoning 1. Wah Fu North, Pok Fu Lam Land area to be "Residential" 2. Wak Lok Path, Pok Fu Lam confirmed subject "Residential" 3. Opposite to Richland to completion of "Residential (Group A)", Gardens, Kowloon Bay the detailed "Government, Institution technical study or Community" and area shown as "Road" 4. Near Wonderland Villas, "Residential" Kwai Chung 5. Area 22B, Tsing Yi (Junction "Residential" of Tsing Hung Road and Tsing Yi Road)
Annex 2
Sites Involved the Rezoning of "Open Space" to Other Land Uses in the Past Three Years (that is, from June 2011 to May 2014)
Area (about Site Location Lot No. Land Use Upon Rezoning hectares) 1. The terraces and stepped 0.017 Not Applicable Area shown as "Road" streets (including Sik On Street and Schooner Street) in Sau Wa Fong area, as well as St. Francis Street, St. Francis Yard and Kwong Ming Street, Wan Chai LEGISLATIVE COUNCIL ─ 2 July 2014 15845
Area (about Site Location Lot No. Land Use Upon Rezoning hectares) 2. A strip of waterfront site to 0.3 Not Applicable "Other Specified Uses" the north of the People's annotated "Military Use Liberation Army Hong Kong (1)" Garrison Headquarters in (Note: A judicial review Central# on the proposed amendment is under process.) 3. King Fuk Street, San Po 1 Not Applicable "Government, Institution Kong or Community(2)" (Note: The proposed amendment was from a non-government applicant. It has been gazetted on 30 May 2014 for public inspection until 30 July 2014.) 4. West of Shu On Terrace, 0.35 Lots 20 S.B "Residential (Group D)" Sham Tseng (Part), 20 S.C (Part), 20 RP (Part), 21 RP (Part), 22 (Part) and 23 (Part) in DD390, and the adjoining Government land, Tsuen Wan 5. Sheung Kwai Chung Village 0.11 Lots 1393 "Village Type (Part), 1244 RP Development" (Part), 1244 S.A (Part), 1290 (Part), 1408 in DD451, and the adjoining Government land, Tsuen Wan 6. Fat Tseung Street West, 0.15 Not Applicable "Residential (Group Cheung Sha Wan A)11" (Note: To ensure that there is no net loss in the provision of open space and the proposed Government, Institution or Community (G/IC) facilities in the district, the affected existing 5-a-side soccer pitch will 15846 LEGISLATIVE COUNCIL ─ 2 July 2014
Area (about Site Location Lot No. Land Use Upon Rezoning hectares) be relocated to the neighbouring Northwest Kowloon Reclamation Site 6. The Town Planning Board (TPB) is processing the representations and comments in relation to the proposed amendments.) 7. Lai Chi Kok Road/Tonkin 2.3 Not Applicable "Residential (Group A)" Street (Note: The proposed amendment mainly involves the direct exchange of land uses between two land parcels of similar size (about 2.3 hectares), that is, rezoning the site at Lai Chi Kok Road/Tonkin Street from "Open Space" to "Residential (Group A)" and rezoning the site at Hing Wah Street from "Residential (Group A)" to "Open Space" at the same time. The amendment itself will not lead to a decrease in the planned provision of open space or an increase in the planned population in the district. Also, it will not result in an increase in the demand for G/IC facilities and basic infrastructures.) 8. Shek Mun Estate, Sha Tin 1.83 Not Applicable "Residential (Group A)4" (Note: It is subject to the plan approval by the Chief Executive in Council.) 9. Lok Wo Sha Lane, Ma On 0.83 Not Applicable "Residential (Group B)5" Shan (Note: TPB will consider the representations in relation to the proposed amendment.) LEGISLATIVE COUNCIL ─ 2 July 2014 15847
Area (about Site Location Lot No. Land Use Upon Rezoning hectares) 10. So Kwun Wat Road in 2.17 Tuen Mun "Residential (Group Area 56, Tuen Mun Town Lot B)18" No. 541 (Part) (Note: The proposed amendment has been gazetted on 2 May 2014 for public inspection until 2 July 2014.) 11. Choi Yuen Road, Sheung 0.58 Not Applicable "Residential (Group A)1" Shui and area shown as "Road" Parts of the Proposed Amendments in the Planning for the Fanling North and Kwu Tung North New Development Areas (these two New Development Areas will provide a total of about 58 hectares of "Open Space") 12. Wu Nga Lok Yeung, Fan 2.62 Not Applicable "Residential (Group Ling* A)1", "Government, Institution or Community", "Other Specified Uses" annotated "Amenity Area", "Open Space" and area shown as "Road" 13. Luen Sang, Kwu Tung** 3.81 Not Applicable "Residential (Group A)2", "Government, Institution or Community", "Green Belt", "Open Space (1)" and area shown as "Road" 14. Luen Sang, Kwu Tung** 0.89 Not Applicable "Residential (Group A)2", "Government, Institution or Community", "Open Space", "Open Space (1)" and area shown as "Road" 15. Shek Tsai Leng, Kwu Tung** 1.25 Not Applicable "Residential (Group A)1", "Other Specified Uses" annotated "Commercial/Residential Development with Public Transport Interchange", "Government, Institution or Community" and "Open Space" 16. Yin Kong, Kwu Tung** 1.22 Not Applicable "Government, Institution or Community", "Other Specified Uses" 15848 LEGISLATIVE COUNCIL ─ 2 July 2014
Area (about Site Location Lot No. Land Use Upon Rezoning hectares) annotated "Nature Park", "Other Specified Uses" annotated "Amenity Area", "Open Space" and area shown as "Road"
Notes:
# Regarding the relevant open space, since the Central District (Extension) Outline Zoning Plan (OZP) (Plan No. S/H24/2) was first approved in 2000, there has been a straight line annotated "150 m Military Berth (subject to detailed design)" on the OZP that shows the location of the Central Military Dock until the Planning Department proposed the amendment in February 2013.
* The relevant site is within the Fanling North New Development Area.
** The relevant sites are within the Kwu Tung North New Development Area.
Structures in Breach of Land Leases on Private Agricultural Land
16. MR LEUNG CHE-CHEUNG (in Chinese): President, recently, several members of the public have sought my assistance. They said that subsequent to their purchase of brick houses built on a piece of private land in Yuen Long, they were notified by the Lands Department (LandsD) that the land concerned was for agricultural use only, and therefore their brick houses were regarded as structures in breach of land leases ("lease-breaching structures"). Thereafter, the LandsD invoked the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) (the Ordinance) to resume the land in question and ordered them to move out before the deadline. They had requested the seller to refund them of the money paid for the houses but were refused, and hence had reported to the police for assistance. In this connection, will the Government inform this Council:
(1) of (i) the number of cases handled by the LandsD involving lease-breaching structures erected for residential purpose on private agricultural land, and (ii) the number of such cases in respect of which the LandsD invoked the Ordinance to resume the land concerned, in each of the past three years, broken down by District Lands Office district; and
(2) as it has been reported that after the LandsD had discovered some time ago that the aforesaid brick houses were lease-breaching structures, it posted warning notices there, but the notices were torn LEGISLATIVE COUNCIL ─ 2 July 2014 15849
off right afterwards, and as a result, the aforesaid assistance seekers did not know that the brick houses they had purchased were lease-breaching structures, whether the LandsD will consider adopting other means which are more effective in notifying the public which buildings are lease-breaching structures, so as to prevent the recurrence of similar kind of incidents?
SECRETARY FOR DEVELOPMENT (in Chinese): President, under the current land administration policy, the LandsD takes land control action against unauthorized structures on Government land under the Land (Miscellaneous Provisions) Ordinance (Cap. 28), and takes lease enforcement action against structures erected on private land which are in breach of the lease.
The case cited in the question involves old scheduled agricultural lots in the New Territories which, according to the leases, do not permit erection of structures without prior approval. For this kind of unauthorized structures on private agricultural land, lease enforcement actions taken by the LandsD include issue of warning letters to lot owners; registration of the warning letters in respect of the private agricultural lot concerned at the Land Registry (generally called "imposing an encumbrance"), and exercising the right of re-entering the private agricultural land concerned under the Ordinance. The specific enforcement actions at present include:
(a) Once it has come to the LandsD's attention through patrol or receipt of complaints or referrals that an unauthorized structure is being erected on private agricultural land, a warning letter will be issued requiring the lot owner to stop the works and to demolish any uncompleted structures on site within one week. If the lot owner fails to comply, the LandsD will proceed with demolition under the Land (Miscellaneous Provisions) Ordinance with a view to demolishing such structures before completion of the works and occupation of the structures, while the relevant costs will be recovered from the lot owners. If the structures being erected are of larger dimensions (which normally means structures of area and height exceeding those of a New Territories Exempted House), the Buildings Department will take corresponding enforcement actions under its regulatory regime according to the established division of work among government departments;
15850 LEGISLATIVE COUNCIL ─ 2 July 2014
(b) For unauthorized structures on private agricultural land which have been completed and where the breach is not purged despite "imposing an encumbrance", the LandsD will proceed with re-entry of the private agricultural land, under the lease and the Ordinance. This course of action is now regarded as a standard practice. After re-entry, the LandsD will give a reasonable time for occupants remaining on the lot (which has become Government land) to vacate themselves, and thereafter arrange demolition of the structures in accordance with the Land (Miscellaneous Provisions) Ordinance. In case the ex-owner of the private agricultural land seeks relief against re-entry under the Ordinance, the Administration may impose such conditions as it deems appropriate (for example, demolition of the unauthorized structure) if it agrees to granting the relief. Depending on the caseload to be dealt with at any one time, individual District Lands Office may have to prioritize the cases. Factors to be considered in prioritization may include the scale and gravity of the breaches as well as the potential hazards to the environment and hygiene;
(c) As an ancillary and supporting measure to enhance the effectiveness in identifying unauthorized building works in progress, new patrol routes will be plotted and frequency of air surveillance will be increased by the LandsD, focusing on areas prone to new cases; and
(d) Where it is suspected that estate agents may have been involved in the sale or rental of unauthorized structures, including individual units therein, the LandsD will refer such cases to the Estate Agents Authority for follow-up action.
At the same time, when renting or purchasing any structure(s) or land with structure(s) erected thereon, the public should be mindful of whether there is legal title in relation to the relevant structure(s) or land, and whether the relevant structure(s) or land have breached the land lease or the law. Where necessary, independent legal advice should be sought with a view to avoiding suffering loss or being legally liable in case the Government enforces against such unauthorized structures or takes land control actions.
LEGISLATIVE COUNCIL ─ 2 July 2014 15851
My reply to the various parts of the question is as follows:
(1) (i) From 2011 to 2013, the number of cases of complaint received and confirmed by the LandsD to be relevant to unauthorized structures on private agricultural land is as follows:
District Lands Office (DLO) 2011 2012 2013 Hong Kong East 0 0 0 Hong Kong West and South 0 0 0 Kowloon East 0 2 0 Kowloon West 0 0 0 Islands 4 14 4 North 144 109 127 Sai Kung 101 137 23 Sha Tin 5 9 7 Tuen Mun 20 23 27 Tai Po 0 23 83 Tsuen Wan and Kwai Tsing 44 10 17 Yuen Long 285 279 333 Total 603 606 621
(ii) From 2011 to 2013, the Yuen Long DLO had, in accordance with the Ordinance, re-entered the relevant private agricultural land in respect of two cases of unauthorized structures on private agricultural land, while the Sai Kung DLO and Tai Po DLO each had one case of re-entry.
(2) It is believed that the case quoted in this question is the one involving the lease-breaching brick houses at Lam Hi Road in Yuen Long. In connection to this case, the Yuen Long DLO received on 26 February 2014 an enquiry from the media concerning the said illegal brick houses on the land concerned. Officers of the Yuen Long DLO conducted a site inspection on the same date, confirming that there were unauthorized structures on the land concerned, and a warning letter was forthwith sent to the owner of the land concerned on 27 February 2014 requiring rectification of breaches before a deadline. As the owner did not rectify the lease-breaching situation before the deadline, the warning letter was registered under the land lot concerned on 7 April 2014 (generally called "imposing an 15852 LEGISLATIVE COUNCIL ─ 2 July 2014
encumbrance"). As the owner eventually did not rectify the lease-breaching situation before the deadline of the final warning specified in a subsequent warning letter, the Yuen Long DLO re-entered the land concerned on 23 May 2014 in accordance with the land lease and the Ordinance. The relevant instrument of re-entry was registered on the same date in the relevant records of the Land Registry, and a notice was also published on 30 May 2014 in Government Notice no. 3116 in accordance with section 5 of the Ordinance, announcing that the land concerned was resumed on 23 May 2014.
In addition, the Yuen Long DLO has referred the case to the relevant government departments for consideration of appropriate follow-up actions. It has also written to the Estate Agents Authority for appropriate follow-up on any possible unauthorized sale or rental involved in the case.
The Yuen Long DLO has posted the warning letters issued to the land owner at the site concerned, and has additionally sent officers to post a notice regularly at the site to give on-site notification to the occupier(s) and the public of the lease-breaching situation. Such an arrangement was mainly for supplementary notification. The Administration would like to remind the public that prior to purchasing or renting any structure(s) or land with structure(s) erected thereon, attention must be paid to whether there is legal title in relation to the relevant structure(s) or land and whether the structure(s) or land has/have breached the land lease or the law. They should also make an enquiry on the relevant land lease provisions and information with the Land Registry and seek independent legal advice where necessary. The LandsD will strengthen publicity and public education to remind land owners and the public that erection of unauthorized structures on private agricultural land is in breach of the land lease, and the public should be alert of the risk of purchasing or renting such structures. Erecting structures on Government Land without permission in advance may even violate the law and face criminal liability accordingly.
LEGISLATIVE COUNCIL ─ 2 July 2014 15853
Colorectal Cancer Screening Programme
17. MR CHAN KIN-POR (in Chinese): President, the Government has proposed to earmark a funding of more than $400 million over the next five years for implementing a colorectal cancer screening programme (screening programme) to subsidize people belonging to specific age groups who do not have symptoms suggestive of colorectal cancer to take screening tests. The Government formed a multi-disciplinary task force and several working groups in January this year to oversee the planning, implementation, promotion and evaluation of the screening programme. In May this year, the Secretary for Food and Health told the press that as complex issues were involved in colorectal cancer screening, it was expected that the programme would not be launched until 2015 at the earliest. It has been reported that the screening programme will be implemented by phases, and people aged between 65 and 70 will first be invited to participate in the first phase. In this connection, will the Government inform this Council:
(1) of the details of the screening method, service delivery model and operational logistics devised for the screening programme so far by the aforesaid task force and working groups; the detailed reasons why the screening programme could not be rolled out within this year and the technical problems involved; the time for completion of the study reports by the task force and various working groups; the follow-up work to be undertaken by the authorities after the completion of such studies;
(2) as the majority of colorectal cancer patients are people aged 50 or above, but the service targets of the first phase of the screening programme only cover those aged between 65 and 70, of the considerations involved; the proposed details of the phased implementation of the screening programme; how the authorities determine the age groups to be covered by various phases, and whether they have studied the estimated number of cases of medical treatment of people, who belong to the age groups covered by the later phases of the screening programme under its phased implementation, to be delayed because an early diagnosis of colorectal cancer is not available;
15854 LEGISLATIVE COUNCIL ─ 2 July 2014
(3) as it has been reported that the authorities will consider collaborating with private hospitals in implementing the screening programme in order not to disrupt the day-to-day services of public hospitals, of the specific views received from private hospitals so far by the authorities in respect of the screening programme; whether they will make reference to the practice relating to healthcare vouchers and issue colorectal cancer screening vouchers to eligible persons; if they will, of the details; if not, the other modes of co-operation under consideration; apart from private hospitals, whether the authorities will seek collaboration with the colorectal cancer educational centres of universities as well as other organizations providing such screening services; if they will, of the details; if not, the reasons for that; and
(4) whether the authorities will collect relevant data pertinent to the screening programme and develop a screening database as well as conduct a systematic analysis to examine the effectiveness of the programme for reference in deciding the way forward (including studying the extension of the scope of screening to cover other types of cancer or high-risk diseases); if they will, of the details; if not, the reason for that?
SECRETARY FOR FOOD AND HEALTH (in Chinese): President, cancer is a major public health issue in Hong Kong. In 2001, the Government established the Cancer Co-ordinating Committee (CCC), which is chaired by the Secretary for Food and Health and comprises members including cancer experts, academics, doctors in public and private sectors, as well as public health professionals, for effective prevention and control of cancer. The Cancer Expert Working Group on Cancer Prevention and Screening (CEWG) was set up under the CCC to regularly review and discuss latest scientific evidence, local and worldwide, with a view to providing recommendations on suitable cancer prevention and screening measures for the local population.
In 2011, colorectal cancer has overtaken lung cancer for the first time and become the most common cancer in Hong Kong. There were 4 450 newly diagnosed colorectal cancer cases in that year, accounting for 16.5% of all new cancer cases. In 2012, colorectal cancer was the second most common cause of cancer death, resulting in a total of 1 903 registered deaths and accounting for LEGISLATIVE COUNCIL ─ 2 July 2014 15855
14.3% of all cancer deaths. The risk of colorectal cancer increases significantly from age 50 onwards. In view of a growing and ageing population, the number of new colorectal cancer cases and related healthcare burden are expected to increase in future.
In the light of the above, the Government announced in the 2014 Policy Address and the 2014-2015 Budget that it would allocate funding of around $420 million in the five years starting from 2014-2015 for the study and implementation of a pilot programme to subsidize colorectal cancer screening for specific age groups. The pilot programme aims to gather relevant local experience in colorectal cancer screening and collect relevant data with a view to drawing conclusions and making recommendations based on evidence. These will form the basis for the deliberation of whether and how best colorectal cancer screening could be provided to the wider population.
On the other hand, risk factors for colorectal cancer are closely related to lifestyles. The CEWG has pointed out that the risk of colorectal cancer can be effectively reduced through the adoption of healthy lifestyles, such as increasing the intake of dietary fibre from vegetables, fruits and whole grains, reducing the consumption of red and processed meat, having regular physical activities, maintaining a healthy body weight and waist circumference, avoiding tobacco and alcohol, and so on. Members of the public should also take note of their health conditions and seek early medical attention if symptoms such as presence of blood in stool, abdominal pain or changes in bowel habit occur. On this front, the Department of Health (DH) has all along been actively promoting healthy lifestyles as a major preventive strategy in reducing the burden caused by non-communicable diseases such as cancers to the public and society.
My reply to the respective parts of the question is as follows:
(1), (2) and (3)
The DH established a multi-disciplinary taskforce (the taskforce) in January this year to embark upon the study and planning of the colorectal cancer screening pilot programme (the pilot programme). The taskforce comprises representatives from the Hospital Authority (HA), relevant Academy Colleges, medical associations, primary care doctors, academia and a non-governmental organization. The taskforce is responsible for tasks pertaining to the planning, 15856 LEGISLATIVE COUNCIL ─ 2 July 2014
implementation, publicity and evaluation of the pilot programme, including determination of inclusion criteria for participation in the pilot programme, method of screening, funding model, and operational logistics, and so on.
Four working groups are established under the taskforce to provide input on different aspects of the pilot programme, namely (i) use of the faecal immunochemical test; (ii) colonoscopy and assessment; (iii) screening registry and computer information system; and (iv) promotion and publicity. The taskforce and the working groups have been holding meetings regularly and making good progress. The taskforce has preliminarily identified faecal immunochemical test as the screening method for the pilot programme, and participants whose stool samples are found to contain minute amounts of blood will be referred to receive colonoscopy. Moreover, the taskforce is examining the rolling out of the pilot programme in phases and the use of public-private partnership approach to provide subsidized screening services, in order to minimize the impact of the pilot programme on the public healthcare sector. The pilot programme is expected to be introduced by end 2015 if relevant planning and preparation work goes ahead as scheduled.
We note that the CEWG recommends persons aged 50 to 75 should discuss with doctors and consider screening for colorectal cancer. Before considering the use of public resources to implement large scale screening services, we see merits in implementing a pilot programme that provides subsidized screening services to selected groups. This will not only help collect data as regards the effectiveness of colorectal cancer screening, but also review the actual operation of the screening services as well as assess more accurately the medical and manpower resources required, thus facilitating the Administration to consider whether and how best colorectal cancer screening could be provided to the wider population. Therefore, the pilot programme will subsidize specific age groups rather than all persons aged 50 to 75. We will announce the age groups covered by the pilot programme and the operational details in a timely manner.
LEGISLATIVE COUNCIL ─ 2 July 2014 15857
As regards persons aged 50 to 75 who are not covered by the pilot programme, they are advised to consult their doctors for consideration of colorectal cancer screening for the sake of their health. As all screening tests have limitations and are not 100% accurate, individuals considering a screening test should seek advice from doctors for assessment of need and obtain full information on potential benefits and risks before making an informed choice. Healthcare providers should also offer adequate explanation to their clients regarding potential benefits and risks in receiving colorectal cancer screening, so that their clients can make the best choice.
(4) We need to access timely and accurate data pertaining to cancer cases in order to devise suitable policies for cancer prevention and control. At the moment, the Hong Kong Cancer Registry (the Registry) under the HA is responsible for collecting cancer data of the entire Hong Kong population. The Registry verifies over 300 000 separate entries of raw cancer data and notifications per annum from the HA's clinical medical record system, pathological data of patients in public and private hospitals, and information of registered deaths. As mentioned in the paragraphs above, we believe that the pilot programme will provide useful information and data related to colorectal cancer screening, which will help the Government to further improve the preventive and control measures in tackling colorectal cancer.
From the public health perspective, and before launching any population-based screening programme for colorectal cancer or other types of cancer, the Government needs to carefully consider a number of factors such as prevalence of the disease, accuracy and safety of screening tests, effectiveness in reducing incidence and mortality, feasibility of implementation, capacity of healthcare system, public acceptance, and so on. The overriding concern is whether screening does more good than harm to the overall population. The Administration will continue to consider and devise public health measures in relation to prevention and control of major cancers on the basis of scientific evidence, expert advice and actual circumstances.
15858 LEGISLATIVE COUNCIL ─ 2 July 2014
Terms of Basic Banking Services
18. DR CHIANG LAI-WAN (in Chinese): President, it has been reported that the Consumer Council has recently made enquiries with 20 banks in Hong Kong about the details of their services relating to general savings accounts in Hong Kong dollars, and found that 17 banks have set initial minimum deposit thresholds ranging from $10 to $2,000. In addition, 14 banks have set a minimum account balance requirement ranging from $5,000 to $30,000, and account holders who do not meet such requirements will be charged $50 to $100 per month (hereinafter referred as "low account balance fees") by the banks. In this connection, will the Government inform this Council:
(1) whether it knows the respective numbers and names of the banks in Hong Kong, five years ago and at present, that (i) did/do not set an initial minimum deposit requirement and (ii) did/do not set a minimum account balance requirement;
(2) given that 22 banks signed the Treat Customers Fairly Charter (the Charter) in October last year, whether it knows if the banks which have currently set initial minimum deposit requirements and low account balance fees have signed the Charter; if these banks have signed, whether the authorities have assessed if these banks have violated the Charter; if they have assessed, of the outcome; if not, the reasons for that;
(3) whether it knows the respective numbers and contents of the complaints received by the Consumer Council and the Hong Kong Monetary Authority (HKMA) in the past five years about the banks in Hong Kong setting initial minimum deposit requirements and low account balance fees;
(4) given that there are views that the minimum account balance requirements set by banks are unfavourable to the low income group's access to basic banking services, whether the authorities will, in addition to promoting the implementation of the Charter among banks, propose to banks that they should consider either abolishing the related fees or extending the scope of the waivers for such fees; and
LEGISLATIVE COUNCIL ─ 2 July 2014 15859
(5) whether the authorities have put in place policies and measures to ensure that the low income group have access to basic banking services; if they have not, whether they will consider introducing relevant policies and measures?
SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Chinese): President,
(1) According to the HKMA, five banks did not have an initial deposit requirement in 2009. The five banks were Bank of Communications, Chiyu Bank, Citibank (Hong Kong), DBS Bank (Hong Kong) and Nanyang Commercial Bank. At present, three banks do not have such a requirement. The three banks are Citibank (Hong Kong), DBS Bank (Hong Kong) and Nanyang Commercial Bank.
At present, and as in 2009, three banks do not have a minimum account balance requirement. The three banks are China Citic Bank, Chong Hing Bank and Public Bank (Hong Kong).
(2) All 22 retail banks in Hong Kong have signed up to the Treat Customers Fairly (TCF) Charter to pledge their commitment to implementing the TCF principles. Under Principle 5 of the Charter, local banks that engage in the mass retail market should provide reasonable access to basic banking services for members of the public, and pay a special attention to the needs of vulnerable groups.
In fact, retail banks that have a minimum account balance requirement have already waived the low-balance fee for vulnerable groups and adopted a flexible approach to expand the scope of exemption to low-income customers, or to provide them with unlimited or limited free access to branch counter services in relation to their use of basic bank accounts without a minimum balance requirement.
Regarding the initial deposit requirement, the HKMA has discussed it with the retail banks concerned to encourage them to provide a waiver for vulnerable and low-income customers.
15860 LEGISLATIVE COUNCIL ─ 2 July 2014
(3) In the past five years, the HKMA and the Consumer Council have not received any complaint in relation to banks' initial deposit requirement. During the period, the HKMA received about 65 complaints in relation to banks' low-balance fee requirement, and these mainly related to allegations of banks charging such a fee without notifying the customers. The Consumer Council received about 33 such complaints(1).
(4) and (5)
As mentioned above, the TCF Charter requires banks to provide vulnerable and low-income customers with reasonable access to basic banking services. In this regard, the banking industry has taken appropriate and reasonable measures to ensure that these customers have access to basic banking services.
Whether banks should abolish the low-balance fee or widen the scope of fee exemption is basically a commercial decision, which depends on the operating costs involved in the provision of banking services.
(1) As bank customers may file complaints to both the HKMA and the Consumer Council, we do not rule out duplication of such complaints cases.
Facilities and Services Provided at MTR Stations for Persons with Disabilities
19. MR TANG KA-PIU (in Chinese): President, recently, some groups for persons with disabilities have relayed to me their views on the facilities and services provided at MTR stations. In this connection, will the Government inform this Council:
(1) whether it has required the MTR Corporation Limited (MTRCL) to provide specified barrier-free facilities at various stations; if so, of the details; if not, how the authorities monitor the provision of barrier-free facilities at MTR stations; whether it knows if the MTRCL holds regular meetings with representatives from persons with disabilities groups to listen to their views on the barrier-free facilities at the stations; if the MTRCL does, of the details;
LEGISLATIVE COUNCIL ─ 2 July 2014 15861
(2) whether it knows the current situation of installation of lifts connecting the station concourse and the street level (concourse/street-level lifts) at MTR stations (set out in the table below):
Expected Name Progress of works Situation of provision of completion of or/and difficulties concourse/street-level lifts date of station encountered works (i) No need for N/A N/A installation as the station concourse is located at street level (ii) Already provided N/A N/A (iii) Installation works in progress (iv) Installation works yet to commence
(3) as the proposed works to install concourse/street-level lift at the Admiralty Station will be carried out as part of the South Island Line project, but recently there has been delay in the works of the South Island Line at the Admiralty Station, whether it knows if the concourse/street-level lift at that station will be available for use in 2015 as scheduled;
(4) whether it knows when the proposal of retrofitting a concourse/street-level lift at the Fortress Hill Station will be implemented, and when the relevant works will commence;
(5) whether it knows if the MTRCL will consider deploying platform assistants to assist persons with disabilities in boarding and alighting trains, including helping wheelchairs to cross the platform gap and calling on other passengers to make room or passage for persons with disabilities, as well as providing platform assistants with relevant training and guidelines;
(6) given that at present the MTRCL can provide movable ramps for connecting the platform and the train to facilitate wheelchairs crossing wider platform gaps, whether it knows how long in advance 15862 LEGISLATIVE COUNCIL ─ 2 July 2014
a wheelchair user has to make a booking for such a service; as some persons with disabilities groups have relayed that quite a number of wheelchair users are not aware of such a service, whether it knows if the MTRCL will step up publicity on the service; as it has been reported that owing to the limited time for each train stopping at a station, the MTRCL staff can provide such a service to only one wheelchair user for each train stopping at the station, whether it knows if the MTRCL will consider providing additional movable ramps and relevant manpower at individual stations where there is a need; of the current maximum number of wheelchairs that can be accommodated in a train compartment with a multi-purpose area;
(7) given that currently, the MTRCL disseminates information on unforeseen incidents or delays in train services mainly through the public announcement systems in MTR stations, whether it knows if the MTRCL will consider displaying such information on the display panels at train platforms and concourses as well, in order to facilitate persons with hearing impairment;
(8) as it has been reported that the MTRCL previously considered the plan to retrofit flash lights at the top of the platform screen doors to signal that the screen doors are about to close in order to facilitate persons with hearing impairment, but there are views that flash lights are likely to induce seizures among epileptics, whether it knows the latest development of the plan, and if the MTRCL has explored solutions which can balance the needs of these two types of people; and
(9) given that some groups for persons with visual impairment have pointed out that different railway lines are currently using different buzzer sounds for signalling the opening and closing of train doors, and that the close proximity of the upward-moving and downward-moving escalators at some stations has resulted in mingling of their warning sounds, whether it knows if the MTRCL will consider standardizing the buzzer sounds and setting a minimum distance between upward-moving and downward-moving escalators, in order to facilitate persons with visual impairment?
LEGISLATIVE COUNCIL ─ 2 July 2014 15863
SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, my reply to the various parts of the question raised by Mr TANG Ka-piu is as follows:
(1) At present, there is at least one barrier-free access in every MTR station to facilitate the mobility impaired to enter and exit. These accesses are equipped with passenger lifts, wheelchair aids, stair lifts or ramps. The MTRCL strives to, as far as practically feasible, install at each station one lift connecting the concourse and street-level(1). Facilities catering for the different needs of persons with disabilities are at Annex.
The MTRCL points out that the Corporation has been conducting half-yearly communication meetings with disabled groups for many years to thoroughly understand their needs for station facilities and services. Besides, the MTRCL also joins the meetings of the Working Group on Access to Public Transport by People with Disabilities regularly(2) held by the Transport Department to understand persons with disabilities' demand for and views on public transport services, and takes follow-up actions as necessary. The Government has been working closely with various public transport operators and encouraging them to make continual improvement in their facilities for persons with disabilities for their convenient access to public transport.
(2) The situation of installation of lifts connecting concourse and street-level at various MTR stations is as follows:
Situation of installation of lifts connecting concourse and Name of station street-level (i) stations with at-grade Hung Hom, Mong Kok East, Tai concourses or provided with Wai, Sha Tin, Tai Po Market, Tai ramps for wheelchair access Wo, Fanling, Sheung Shui, Tai and therefore do not require Wai, Sha Tin Wai, City One, lifts; or stations which can Shek Mun, Ma On Shan, Wu Kai be accessed via lifts of Sha, AsiaWorld-Expo, Airport, nearby malls or stations(1) Sunny Bay, Disneyland Resort,
(1) Excluding stations with at-grade concourses where lifts connecting street-level and concourse are not required.
(2) About once every three to four months. 15864 LEGISLATIVE COUNCIL ─ 2 July 2014
Situation of installation of lifts connecting concourse and Name of station street-level Tsim Sha Tsui, Chai Wan, Heng Fa Chuen, Quarry Bay, Lok Fu, Choi Hung, Ngau Tau Kok, Lam Tin, Tiu Keng Leng, Tseung Kwan O, Hang Hau, Kwai Fong, Kwai Hing, Tsuen Wan, Tung Chung, Kam Sheung Road and all Light Rail stops (ii) already installed Lo Wu, Lok Ma Chau, Fo Tan, University, Kowloon Tong, Che Kung Temple, Tai Shui Hang, Heng On, Yau Tong, LOHAS Park, Po Lam, Pui To(2), Kwun Tong, Kowloon Bay, Wong Tai Sin, Shek Kip Mei, Tai Koo, Causeway Bay, Wan Chai, Central, Sheung Wan, Hong Kong (Airport Express), Kowloon (Airport Express), Tsing Yi (Airport Express), North Point, East Tsim Sha Tsui, Jordan, Mong Kok, Cheung Sha Wan, Sham Shui Po, Mei Foo, Lai King, Tai Wo Hau, Hong Kong (Tung Chung Line), Kowloon (Tung Chung Line), Tsing Yi (Tung Chung Line), Olympic, Lai King, Tsing Yi, Austin, Nam Cheong, Mei Foo, Tsuen Wan West, Yuen Long, Long Ping, Tin Shui Wai, Siu Hong, Tuen Mun
Notes:
(1) At present, passengers may use the lift at East Tsim Sha Tsui Station to access Tsim Sha Tsui Station from street-level.
(2) The concourse of Light Rail Pui To Stop is connected with a nearby mall. Passengers travelling between street-level and concourse may use lift(s) either at the mall or at the stop.
LEGISLATIVE COUNCIL ─ 2 July 2014 15865
The latest progress of lift installation at eight stations not yet retrofitted with lifts is set out below:
Station Progress (anticipated operation date) Prince Edward Works in progress (first half of 2015) Yau Ma Tei Works in progress (first half of 2016) Shau Kei Wan Works in progress (first half of 2016) Sai Wan Ho Works in progress (first half of 2016) Admiralty Installation works to be carried out alongside the construction works of the South Island Line (East) Diamond Hill Installation works to be carried out alongside the construction works of the Shatin to Central Link Fortress Hill The MTRCL is discussing works details and temporary traffic arrangements with relevant government departments; details in part (4) below (latter half of 2018) Tin Hau Being studied. The MTRCL has studied many different options, but yet to identify a suitable location for the lift due to geographical, ownership and technical constraints. The MTRCL is still striving to look for a feasible option for retrofitting lift at the station.
Besides, the MTRCL will provide one additional lift at each of the three stations below. Installation works have commenced. The anticipated operation dates are as follows:
Station Anticipated operation date Lai Chi Kok first half of 2015 Tsim Sha Tsui latter half of 2015 Lai King first half of 2016
(3) A lift connecting the station concourse with street-level and the podium of Harcourt Garden will be retrofitted at Admiralty Station. Indeed, the retrofitting works is carried out in tandem with the construction works of the South Island Line (East). Currently, there is a delay of about six months for the South Island Line (East), 15866 LEGISLATIVE COUNCIL ─ 2 July 2014
failing to meet the line commissioning date in 2015 as expected. Therefore, the works for the lift will also experience the same delay. The MTRCL will update the latest progress of the project by the end of this year.
(4) The MTRCL points out that it plans to extend the two existing lifts adjacent to entrance/exit A and connecting street-level with mid-level downwards to the underground concourse of the Fortress Hill Station. During the modification works, the Corporation has to demolish the existing lift towers, carry out rock excavation to construct a lift shaft of approximate 10 metres deep and an underground adit of about 20 m in length, and then reinstate the lift towers.
To facilitate works and ensure safety during construction, services of the two existing government-owned lifts adjacent to the above entrance/exit and connecting street-level with mid-level will be temporarily suspended. The MTRCL is discussing works details and temporary traffic arrangements with relevant government departments. Proper mitigation measures will be implemented by the Corporation to minimize impact of the works to the neighbourhood and surroundings.
The works at Fortress Hill Station, relatively large in scope, are expected to take more than three years. It is estimated that the works will commence in early 2015 for completion in the latter half of 2018.
(5) The MTRCL provides suitable training to station staff so that they can use portable ramps appropriately and safely to help wheelchair users board and alight train, and contact staff of the relevant interchange and destination stations according to the passengers' destinations to prepare for the arrival of passengers on wheelchair and provide them with appropriate assistance.
(6) At present, there is more than one multi-purpose area on average on each train for all railway lines. Each multi-purpose area can hold more than one wheelchair. In general, if wheelchair users do not need assistance from MTR staff, they can freely board and alight train and use all multi-purpose areas on each train at their own preference. Should wheelchair users need assistance from MTR LEGISLATIVE COUNCIL ─ 2 July 2014 15867
staff to board or alight train, they can contact station staff anytime. However, each train can only accommodate one wheelchair user who needs staff assistance on board. This is because whenever there are emergency incidents, or when that particular passenger has emergency needs and has to alight the train earlier but when the station may not be the destination of that passenger, the train captain can only assist one wheelchair user. The MTRCL conveys that it will enhance promotion of barrier-free facilities currently available at MTR stations.
(7) Currently, Service Information Panels are installed next to entry gates in all MTR stations. Commuters are provided with all kinds of passenger information including that of train emergency incidents or service delays.
(8) The MTRCL points out that currently the indicator lights at the top of platform screen doors aim to enable station staff to monitor the closed/open status of the platform screen doors instead of giving indication to passengers. The MTRCL is studying ways of indication to facilitate the hearing impaired, so that they are notified when the train doors are closing. As the facility concerned may affect passengers or other facilities, the MTRCL has yet to come up with any decision at the moment. Indeed, the present duration for trains to stop at stations is adequate for passenger boarding and alighting. The MTRCL has advised passengers all along to pay particular attention to the status of train doors when boarding and alighting trains. Passengers should stop when the train doors are closing.
(9) The MTRCL plans to standardize the buzzer sounds for signalling the opening and closing of train doors of all railway lines. A feasibility study is currently taking place. Besides, the design, direction of sound source, and location of the indication buzzers of escalators were determined years ago with disabled groups after site inspection, testing and enhancement. The persons with disabilities can put forward suggestions to the MTRCL should they now consider any particular area with room for improvement. The MTRCL says that it is pleased to follow up on any concrete suggestions that are feasible and desirable.
15868 LEGISLATIVE COUNCIL ─ 2 July 2014
Annex
Facilities in MTR Stations for Passengers with Disabilities with Different Needs
Facilities for the visually impaired
- Tactile guide paths are installed in all stations and Light Rail stops.
- Modification of obstructions such as litter bins, public payphones and fare maps, and so on, has been completed in all stations so that their locations are more easily detected by cane users.
- Escalator audible warning signals are installed in all stations to help passengers at platform and/or concourse level identify the location and running direction of escalators.
- Platform tactile yellow lines are installed at all platforms without platform screen doors.
- Tactile station layout maps are installed at some stations.
- An audible device in the exit gate that is reached by the tactile guide path for audible reading of fare deducted from and remaining value on the Octopus Card is installed in all stations.
- An audible device in the entry gate that is reached by the tactile guide path for audible reading of a "please enter" message is installed in all stations.
- Braille plates are installed on Ticket Issuing Machines (except Light Rail), Add Value Machines, public toilets, and lifts in certain stations, as well as on the Platform Card Processors at Light Rail stops.
- Colour contrast grab poles are provided inside train compartments.
- Buzzer sound is emitted when train doors are closing.
- Colour contrast inter-car barriers are fitted between train carriages outside the train compartment to prevent passengers from entering the track.
LEGISLATIVE COUNCIL ─ 2 July 2014 15869
Facilities for the hearing impaired
- Induction loops to assist hearing aid users are installed at Customer Service Centres, Ticket Offices and selected public payphones in all stations.
- Information cards to facilitate communication between staff and passengers are available at Customer Service Centres in all stations.
- Passenger information display systems are installed at entrances, concourses and platforms of stations.
- Flashing system maps showing the location and direction of trains are installed on some trains.
- Active line diagrams are installed on trains of Airport Express.
- Infopanels and the screen of Newsline Express on trains provide information of the next station and railway operation.
Facilities for the mobility impaired
- Multi-purpose spaces are provided on all trains.
- Wide gates allowing wheelchair users and passengers with baby prams/baggage to enter and exit gates freely without staff assistance are provided in all stations.
- Portable ramps facilitating wheelchair users to board and alight trains are provided in all stations (except Light Rail stops).
- Disabled toilets are provided in all station concourses with public toilets.
Impacts of Southeast New Territories Landfill on Residents Nearby
20. DR ELIZABETH QUAT (in Chinese): President, among the three landfills in Hong Kong, the South East New Territories (SENT) Landfill in Tseung Kwan O (TKO) is the one closest to residential areas. As TKO residents are gravely concerned about the impacts of the SENT Landfill extension project 15870 LEGISLATIVE COUNCIL ─ 2 July 2014 on their living environment, the Government is implementing a number of measures to address the residents' concerns. In this connection, will the Government inform this Council:
(1) given that the SENT Landfill will only accept odourless construction waste for disposal after the commencement of the newly enacted Waste Disposal (Designated Waste Disposal Facility) (Amendment) Regulation 2013 (the Regulation), of the commencement date of the Regulation; whether it has measures in place to ensure that the SENT Landfill will not accept construction waste which is hazardous to health; if so, of the details, as well as the criteria for the relevant tests to be conducted; if not, the reasons for that;
(2) given that the authorities will increase as much as possible the transportation of fill materials by sea to the TKO fill bank in order to reduce the traffic and environmental impacts of construction waste vehicles in TKO area, of the authorities' progress in the construction of the relevant facilities; whether they have drawn up a timetable for that; if so, of the details; if not, the reasons for that;
(3) whether it has drawn up a timetable for the implementation of the measure under which the SENT Landfill will stop accepting sludge; if so, of the details; if not, the reasons for that;
(4) of the details, including the frequency, schedule and methods, of the daily cleansing work carried out at Wan Po Road in TKO at present, as well as whether it has evaluated if the cleansing work is effective in removing the odour in the air generated by the leachate from the refuse collection vehicles (RCVs) passing by;
(5) notwithstanding the Government's advice that the PM2.5 level (24-hour average) recorded at Wan Po Road is similar to those recorded at the general air quality monitoring stations elsewhere in Hong Kong, and yet very few RCVs drive past Wan Po Road outside the operating hours of the SENT Landfill, whether the Government could make public the hourly average level of PM2.5 at Wan Po Road during the operating hours of the SENT Landfill, as well as whether such a level of air pollutants is detrimental to the health of the residents; if it is detrimental to health, whether the Government LEGISLATIVE COUNCIL ─ 2 July 2014 15871
has put in place any measures to protect public health; if it has such measures, of the details; if it does not have such measures, the reasons for that;
(6) given that the aforesaid Regulation requires that all RCVs entering landfills or refuse transfer stations be equipped with a metal tailgate cover and waste water sump tank, whether it knows when all private RCVs will be equipped with those facilities, and whether the authorities have set a deadline for that; if so, of the details; if not, the reasons for that;
(7) whether it will legislate against environmental pollution caused by dump trucks carrying sand and silt (for example, silt dripping from trucks); if so, of the details; if not, the reasons for that; and
(8) given that the authorities have advised that they will step up law-enforcement actions against illegal fly-tipping at Wan Po Road and nearby areas, of the number of relevant prosecutions instituted by the authorities since January this year; whether, apart from stepping up patrol, the authorities have other targeted measures to deter fly-tipping; if so, of the details; if not, the reasons for that?
SECRETARY FOR THE ENVIRONMENT (in Chinese): President, our reply to the question raised by Dr Elizabeth QUAT is as follows:
(1) The Regulation has been introduced and passed by the Legislative Council on 22 January 2014 to designate the SENT Landfill as one which only accepts construction waste for disposal. When the extension project is approved and the preparation for waste diversion from the SENT Landfill is completed, we will announce the effective date of the designation by notice in the Gazette. By then, not only will the odour concern be removed, half the number of vehicle trips going to the SENT Landfill will be reduced, from about 1 000 to about 500 daily.
Construction waste is defined under the Waste Disposal Ordinance (Cap. 354) and Waste Disposal (Charges for Disposal of Construction Waste) Regulation (Cap. 354N) to mean waste 15872 LEGISLATIVE COUNCIL ─ 2 July 2014
generated from construction work and abandoned. Construction waste can be classified as inert wastes (such as rock, rubble, soil, sand, concrete, and so on) and non-inert wastes (such as bamboo, timber, packaging waste, and so on). The law also clearly stipulates that construction waste should not contain any chemical waste, including asbestos, and that the handling and disposal of chemical waste is subject to the control of the legislation concerned. The Environmental Protection Department (EPD) will provide education on this and take enforcement actions. It will also maintain close contact with construction waste producers and the transport trade to remind them of the legal requirement that chemical waste and construction waste should be handled and disposed of separately.
The EPD staff will be deployed at weighbridges and waste tipping areas to inspect the waste on collection vehicles to ensure the waste loads meet the requirement of the law.
(2) The Civil Engineering and Development Department (CEDD) is liaising with various parties to explore ways to further optimize marine routing for fill transportation. The new marine barging point at Kai Tak is expected to start operation in the second half of 2014. By then, more fill materials will be transported by sea to reduce the number of dump trucks running in TKO and improve the environment of the road. At present, there are about 1 300 vehicle trips heading to the TKO fill bank each day. The CEDD expects that upon the launching of the facility, the daily vehicle trips of dump trucks along Wan Po Road will be reduced by about 100 in 2014 and further by about 200 in 2015-2016.
(3) The sludge treatment facility (STF) started accepting the sludge from Stonecutters Island, Sha Tin and Tai Po sewage treatment works from May this year for commissioning tests and the sludge transported to the SENT Landfill will be reduced progressively. The STF is expected to complete the testing and commissioning by the end of this year. By then, sludge from all government sewage treatment works in Hong Kong will no longer be transported to the three landfills for disposal.
LEGISLATIVE COUNCIL ─ 2 July 2014 15873
(4) The SENT Landfill contractor washes and cleanses the section of Wan Po Road from its entrance to Chiu Shun Road (Hang Hau roundabout) which measures about 3.5 km long with water wagon and sweeping vehicle 10 times a day between 8 am and 12 midnight. The contractor also uses water jets to clean roadside planters and plants along the section of Wan Po Road from Chun Yat Street (Tai Chik Sha Fire Station) to the entrance of the Landfill, to tie in with the cleansing service provided by the Food and Environment Hygiene Department (FEHD) and CEDD for the road section. The EPD and government departments concerned will evaluate from time to time the cleanliness of the road and the effect of cleansing operations. Apart from daily cleansing, from the end of March to April this year, departments concerned have jointly carried out two extra cleansing operations targeted at thorough cleaning of relevant road sections and various facilities such as road signs and traffic lights to ensure improvement in the cleanliness and hygiene condition of the Wan Po Road. Cleansing operations continue on a regular basis after April.
(5) In response to the concerns and requests of residents of TKO, the EPD has, since 18 September 2013, installed a monitoring equipment on the rooftop of Tai Chik Sha Fire Station in TKO to measure the concentration of PM2.5 at Wan Po Road. Results show that the 24-hour average PM2.5 levels measured were similar to those recorded at general air quality monitoring stations elsewhere in Hong Kong. The index of suspended particulates currently adopted internationally (including the World Health Organization) is calculated on the 24-hour average and annual-average level. Generally speaking, only prolonged exposure to fine and respirable suspended particulates will produce adverse effects on health. The EPD has already provided the monitoring data on PM2.5 from September 2013 to March 2014 to the Housing and Environmental Hygiene Committee (HEHC) of the Sai Kung District Council (SKDC), and relevant papers (SKDC[HEHC] papers no. 20/14 and 68/14) have also been uploaded on the SKDC website for the public's reference.
(6) To encourage conversion of RCVs to the enclosed design, the EPD has adopted a dual approach by putting in place both subsidies and 15874 LEGISLATIVE COUNCIL ─ 2 July 2014
legislation. On 10 January 2014, the EPD launched a Subsidy Scheme for Retrofitting Refuse Collection Vehicles to subsidize all private RCV owners in Hong Kong to install metal tailgate covers and waste water sump tanks on RCVs. As at mid-June 2014, 278 out of the 520 existing RCVs in Hong Kong are fully enclosed. With 89 more private RCVs about to be retrofitted, 70% of the RCVs running on the road are or will soon be fully enclosed. The remaining 153 private RCVs yet to be retrofitted should submit their applications to the EPD before the deadline on 30 September 2014. It is hoped that the trade with RCVs not yet retrofitted under the Scheme could co-operate and submit their applications as soon as possible and actively arrange retrofitting for the vehicles.
On legislation, the Regulation was passed on 22 January 2014 in the Legislative Council to require that RCVs using landfills or refuse transfer stations be equipped with metal tailgate covers and waste water sump tanks. The EPD has planned for the Regulation to take effect on 1 April 2015, and the commencement date of the Regulation will be appointed by notice after its submission to the Legislative Council for consideration in the fourth quarter of 2014 or the first quarter of 2015.
(7) For dripping of waste water from dump trucks during delivery of sand and silt, the FEHD may take enforcement actions under the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132BK). For insecure loading on vehicles or debris falling or scattering on the road, the Hong Kong Police Force (HKPF) may take enforcement actions under the Road Traffic (Traffic Control) Regulations (Cap. 374G).
Since August 2013, the EPD, the HKPF and the FEHD have jointly conducted inter-departmental blitz actions. Road blocks are set up at Wan Po Road to stop and check RCVs and dump trucks with problem for enhanced action against non-compliance of heavy vehicles driving through that road. Cases of non-compliance include dripping of waste water, scattering of objects on the road, speeding and overloading, and so on. Drivers violating relevant legislations will be warned or prosecuted. Since 1 January 2014, 18 LEGISLATIVE COUNCIL ─ 2 July 2014 15875
joint operations have been carried out and relevant departments will continue to conduct blitz operations against any unlawful acts.
(8) The EPD has always been concerned about the problem of fly-tipping. In order to combat fly-tipping in TKO, the EPD together with the FEHD have stepped up inspections and overnight ambushes at areas near the SENT Landfill since October 2013. At end of 2013, a close-circuit television system has been installed at the Chun Cheong Street public car-park in TKO to step up the surveillance on fly-tipping at the nearby black spots. Since January 2014, a professional service contractor has been employed to patrol the area around the landfill day and night, so as to step up monitoring and combat fly-tipping. From January 2014 till now, the EPD has followed up on 11 cases of fly-tipping. Three persons involved were successfully prosecuted and prosecutions are underway to deal with the remaining cases. Current information shows that fly-tipping cases have decreased significantly in the area around the SENT Landfill.
Safeguarding of Intangible Cultural Heritage
21. DR KENNETH CHAN (in Chinese): President, according to the Convention for the Safeguarding of the Intangible Cultural Heritage (the Convention) of the United Nations Educational, Scientific and Cultural Organization (UNESCO), each State Party shall adopt a general policy to safeguard the intangible cultural heritage (ICH) present in its territory, including (i) establishing dedicated institutions, (ii) fostering relevant scientific and artistic studies as well as research methodologies, (iii) adopting measures to strengthen the training for the managing institutions, and fostering the transmission of such heritage through providing forums and spaces intended for the performance or expression thereof. The Convention also states that each State Party shall provide relevant promotional and educational programmes, in particular capacity-building activities for management and scientific research, aiming at the general public. The Convention was extended to Hong Kong in 2004. In 2009, the Leisure and Cultural Services Department (LCSD) commissioned a local university to conduct a territory-wide survey of ICH in Hong Kong (the survey). Based on the survey results, the LCSD has compiled the first ICH inventory of 15876 LEGISLATIVE COUNCIL ─ 2 July 2014
Hong Kong (the inventory), which covered 480 items, and promulgated it in the middle of last month. In this connection, will the Government inform this Council:
(1) whether the Government has any plan to make reference to the practice of Macao of enacting the Cultural Heritage Protection Law and adopt the approach of enacting laws to regulate the existing work on the safeguarding of ICH, in order to ensure the sustainability of the policy; if it has such a plan, of the details of the legislative work; if not, the reasons for that;
(2) given that the Secretary for Home Affairs wrote an article in Hong Kong Commercial Daily on 10 June last year pointing out that according to the survey, the holders of several ICH items in Hong Kong are aged persons with no successors, but the authorities have not proposed any corresponding measures to address the problem, save for compiling the inventory and conducting promotional activities:
(i) apart from relying on the subsidies from the Cantonese Opera Development Fund, the Lord Wilson Heritage Trust and the Hong Kong Jockey Club Charities Trust, whether the Government will consider making reference to the practice of the Japanese Government of subsidizing the holders/groups of holders of "Important Intangible Cultural Properties", or taking other financial measures to facilitate the transmission of ICH in Hong Kong; and
(ii) of the details of the measures to be devised and implemented, as undertaken by the Government, for safeguarding ICH (including the work of identification, documentation, in-depth research, preservation, promotion and transmission of ICH, and so on), and how the authorities intend to solve the aforesaid problem of transmission; and
(3) why the inventory has not included items such as Jeet Kune Do which originated from Hong Kong, Hong Kong-style Cantonese pop songs, Hong Kong comics, as well as over 100 items which are listed LEGISLATIVE COUNCIL ─ 2 July 2014 15877
as items requiring further research and study in the survey report (provide specific reasons for each item in table form)?
SECRETARY FOR HOME AFFAIRS (in Chinese): President, my reply to the questions raised by Dr CHAN is as follows:
(1) The Government all along supports the safeguarding work of ICH. We will adopt appropriate and effective measures to support the safeguarding of ICH having regard to the actual situation. Drawing reference to the experience in different places, we notice that the approaches to the safeguarding of ICH vary among them. As far as Hong Kong is concerned, the various aspects of safeguarding work including the identification, documentation, research, preservation, promotion, transmission as well as the drawing up of an inventory or representative list of ICH, could be implemented through administrative measures. Taking Cantonese opera as an example, by deploying various administrative measures in the past few years, the Government has implemented a series of work to support the preservation, research, transmission and promotion of Cantonese opera. On the basis of the ICH inventory, we will consult the Intangible Cultural Heritage Advisory Committee (ICHAC) on the priority of and specific measures for the safeguarding of ICH.
(2) We attach great importance to the safeguarding of ICH. For the identification and documentation of our ICH, we have completed the territory-wide survey and drawn up the inventory. We are also planning to launch at the end of this year a preliminary online ICH database, which will provide information on the 480 inventory items for public access. The database will be updated from time to time.
In the area of research, the Government has commissioned the History Department of The Chinese University of Hong Kong to conduct an oral history research project on the Cheung Chau Jiao Festival and the report is expected to be ready in 2015. The compilation of the Hong Kong volume of the Annal of Chinese Opera and Anthology of Chinese Opera Music undertaken by the Kwan Fong Cultural Research and Development Programme of the 15878 LEGISLATIVE COUNCIL ─ 2 July 2014
Lingnan University is in good progress. The first draft of the manuscripts is expected to be ready within 2014.
For the education and promotion of ICH, the Hong Kong Heritage Museum has introduced the rich array of Hong Kong's ICH to teachers, students and the public through a variety of activities such as international conferences, public talks, workshops, field studies and exhibitions, and so on. With the efforts made in the past few years, the community has shown greater interest and deeper understanding in our ICH, in particular those items already listed as the world's ICH or the national ICH, such as Cantonese opera, the Tai Hang fire dragon dance, the Tai O dragon boat water parade, the Cheung Chau Jiao Festival and the Yu Lan Ghost Festival of the Hong Kong Chiu Chow community. Safeguarding ICH cannot rely solely on the efforts of the Government. We will encourage the local communities and relevant organizations to take active part in and support the safeguarding work.
Moreover, consideration will be given to selecting items of high cultural value which require urgent preservation from the inventory for more in-depth study and drawing up the first representative list of ICH for Hong Kong. The representative list will provide the Government with a basis for prioritizing resources and safeguarding measures (such as in the areas of in-depth research, preservation, promotion and transmission) for ICH items, especially those with high cultural value and require urgent preservation. As the nature, content, situation and manner of transmission of individual ICH items are not quite the same, we have to make detailed analysis in accordance with the characteristics, conditions as well as the information available for the ICH items so as to devise appropriate safeguarding approaches. We will consult the ICHAC on the priority of and specific safeguarding measures for the ICH items. We will also work closely with the relevant groups, organizations and individuals and join hands with them to support the safeguarding of Hong Kong's ICH.
In terms of resources, apart from supporting the development of Cantonese opera through the Cantonese Opera Development Fund, and so on, and providing funding support to programmes relating to LEGISLATIVE COUNCIL ─ 2 July 2014 15879
ICH by the Lord Wilson Heritage Trust, we have also provided additional resources to the LCSD initially for strengthening the manpower of their designated ICH team and supporting them to take forward the relevant safeguarding work.
(3) The ICH items in the inventory are drawn up based on the results of the territory-wide survey of ICH items in Hong Kong conducted by the South China Research Center of The Hong Kong University of Science and Technology (commissioned by the Government). The Government has further drawn reference to the public views collected and consulted the ICHAC to finalize the inventory. According to the Convention adopted by the UNESCO, ICH refers to the practices, representations, expressions, knowledge, skills ― as well as the instruments, objects, artefacts and cultural spaces associated therewith ― that communities, groups (or individuals) of the territory recognize as part of their cultural heritage. To qualify as ICH, the item must be transmitted from generation to generation and is constantly re-created by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. ICH is manifested in five domains under the Convention: oral traditions and expressions, including language as a vehicle of the ICH; performing arts; social practices, rituals and festive events; knowledge and practices concerning nature and the universe; and traditional craftsmanship.
The ICHAC deliberated in detail the criteria for shortlisting surveyed items for inclusion in the inventory and agreed that an item falling within the five domains listed in the Convention and could pass the threshold of being transmitted from generation to generation as well as providing the community and group with a sense of identity and continuity should be included in the ICH inventory.
Items which require follow-up actions and the reasons for not including them in the inventory are set out at the Annex.
15880 LEGISLATIVE COUNCIL ─ 2 July 2014
Annex
List of Items Requiring Follow-up Actions and the Reasons for Not Including Them in the Inventory
1. Oral Traditions and Expressions
No. Item Reasons for not including in the inventory 1.1 Chinese Characters The ICHAC considered that "Chinese Characters" was rather complicated and recommended that a working team should be set up to further study the item. 1.2 Luk Keng Chan Uk This item was suggested by the public during (Chan Lineage) public consultation. As there was no detailed information on the item, further research is required. 1.3 Hoisanva (Taishanese)/ This item was suggested by the public during the Taishan and Kaiping territory-wide survey. As the proponent could Dialects not provide information on its history and current state of use, and the survey team could not identify the community which speaks the dialects, the ICHAC accepted the survey team's recommendation on not including the item in the inventory. During public consultation, there were again views suggesting the inclusion of this item in the inventory. 1.4 Dongguan (Tung Koon) These items were suggested by the public during Dialect public consultation. As there was no detailed 1.5 Methodology of information on these items, further research is Genealogical required. Compilation by Hakka People 1.6 Shanghai Dialect/Hu Dialect 1.7 Jun Dialect (Military Vernacular)
LEGISLATIVE COUNCIL ─ 2 July 2014 15881
2. Performing Arts
No. Item Reasons for not including in the inventory 2.1 Wai Tau Song The survey team had tried hard to contact the cultural bearers for interview, but in vain. As such, detailed information on this item is not available. 2.2 Hong Kong Style The ICHAC considered that the concept of Popular Cantonese "Hong Kong Style Popular Cantonese Songs" Songs was very loose and the item needed to be further studied. 2.3 Chiu Chow Opera The ICHAC considered that as there were less and less local Chiu Chow Opera artists and local troupes were hiring Mainland artists to perform these years, this item should be further studied. 2.4 Cantonese Dragon-boat Although the survey team could not identify this Style Ballad Singing item after survey, the ICHAC pointed out that some footages of Cantonese Dragon-boat Style Ballad Singing could be found on YouTube and the late Mr LEE Yiu-cho had made recording on this ballad singing. As it was not sure if there were still bearers of this item, further research is required. 2.5 Typhoon Shelter This item was suggested by the public during Culture public consultation. As there was no detailed information on the item, further research is required. 2.6 Fish-lantern Dance The survey team revealed that Fish-lantern Dance once existed in Sha Tau Kok, but the item had discontinued. The ICHAC accepted the survey team's recommendation on not including this item in the inventory. During public consultation, there were views suggesting the inclusion of this item in the inventory.
15882 LEGISLATIVE COUNCIL ─ 2 July 2014
3. Social Practices, Rituals and Festive Events
No. Item Reasons for not including in the inventory 3.1 Hoi Luk Fung/Hoklo The survey team had tried to contact the cultural Taoist Tradition bearers several times for interview, but was rejected. As such, detailed information on this item is not available. 3.2 Hong Kong Fujian These items were suggested by the public during Ethnic Customs and public consultation. As there was no detailed Festive Culture information on these items, further research is 3.3 Hakka Folklore Culture required. 3.4 Wah Tor (God of The survey team considered that further research Chinese Medicine) on this item was required. Festival 3.5 Birthday of Laozi This item was suggested by the public during public consultation. As there was no detailed information on the item, further research is required. 3.6 Sip Tai Sui (Appeasing The survey team considered that further research the Grand Duke Jupiter) on this item was required. 3.7 Che Kung Temple in These items were suggested by the public during Ho Chung, Sai Kung public consultation. As there was no detailed 3.8 Thanking the Deities information on these items, further research is Rituals of Chat Sing required. Temple in Kwun Hang, Shap Sze Heung, Sai Kung North 3.9 Kwun Yum (Goddess The ICHAC members had different views on of Mercy) Open whether this item should be included in the Treasury inventory. Further research on this item was recommended. 3.10 Islam These items were suggested by the public during 3.11 Eid al-Fitr (Feast of public consultation. As there was no detailed Breaking the Fast) information on these items, further research is 3.12 Eid al-Adha (Festival of required. Sacrifice) 3.13 Mawlid al-nabi (Birthday of the Prophet Muhammad) 3.14 Our Lady of Fatima Parade in Cheung Chau LEGISLATIVE COUNCIL ─ 2 July 2014 15883
No. Item Reasons for not including in the inventory 3.15 Yuen Long Kai-Fong Ten Years' Ta Tai Jew 3.16 "On Lung Qing Jiao" Festival in Ko Lau Wan Village 3.17 "On Lung Qing Jiao" Festival in Six Villages of Wang Chau, Ping Shan 3.18 "On Lung Qing Jiao" Festival in Lin Fa Tei Village, Pat Heung 3.19 "Da Chiu" Festival in Tai Po Tau Tsuen, Tai Po, the New Territories 3.20 "Da Chiu" Festival in Lam Tsuen, Tai Po 3.21 Lighting Lantern Ritual in Lam Tsuen, Tai Po 3.22 Lighting Lantern Ritual in Shan Ha Wai Village (Tsang Tai Uk), Sha Tin 3.23 Lighting Lantern Ritual in Shek Kwu Lung, Sha Tin 3.24 Lighting Lantern Ritual in Lin Fa Tei Village, Pat Heung 3.25 Autumn Ancestral Worship of the Chan Lineage in Ma Wan 3.26 Praying for Blessings and Thanking the Deities at the Beginning and the End of the Year in Ma Wan 3.27 Chinese New Year Celebration in Shan Ha Wai Village, Sha Tin 15884 LEGISLATIVE COUNCIL ─ 2 July 2014
No. Item Reasons for not including in the inventory 3.28 Chinese New Year Celebration in Ng Ka Tsuen, Pat Heung 3.29 Ancestral Worship in Shek Kwu Lung, Sha Tin 3.30 Offering Sacrifice to Martyrs during the Autumn Equinox in Lin Fa Tei Village, Pat Heung 3.31 Visiting Gratuitous Graves for the Anonymous Dead by Ma Wan Rural Committee 3.32 Art of Chinese Chess 3.33 Tin Kau Tiles 3.34 Luk Fu (Six Tigers) Hakka Card Game 3.35 Dominoes 3.36 Mahjong Game Playing Technique 3.37 Use of Folding Stool 3.38 Children's Games 3.39 Pick-up Sticks 3.40 Bean Bag Toss 3.41 Chinese Jump Rope 3.42 Plastic Football 3.43 Traditional Wu Style Taiji Joint Fist 3.44 Yong Chun White Crane Fist 3.45 Jeet Kune Do 3.46 Hung Kuen Buddha Palm and Bak Mou Jiu (White Haired Devil) 3.47 Hung Fat Kung Fu 3.48 Hang Yuet Seung Do (Double Swords) LEGISLATIVE COUNCIL ─ 2 July 2014 15885
No. Item Reasons for not including in the inventory 3.49 Butterfly Swords 3.50 Six and a Half Point Pole 3.51 Fifth General Yang Pak Kar Stick 3.52 Three Battles/Three Shake/Three Turn Fist 3.53 Yiu Family Tiger Fork 3.54 Sai 3.55 Double Short Rods 3.56 Fujian Saber 3.57 War Palm/Arrow Palm 3.58 Spring and Autumn Long Handled Broadsword 3.59 Pak Mei (White Eyebrow) Kung Fu 3.60 Guangzhou Wing Chun
4. Knowledge and Practices Concerning Nature and the Universe
No. Item Reasons for not including in the inventory 4.1 Divination and Fortune As the survey team could not identify the Telling cultural bearers' knowledge system, the ICHAC 4.2 Feng Shui (Geomancy) agreed to put these items in the follow-up list for further study. 4.3 Zi Mei Dau Sou (Pole The survey team considered that further research Star Divination) on this item was required. 4.4 Divination by the Eight These items were suggested by the public during Diagrams with four public consultation. As there was no detailed thousand and ninety-six information on these items, further research is songs required. 4.5 Emei Divination and Astrology 4.6 Yi Jing (The Book of Changes) 4.7 Palmistry and The survey team considered that further research Physiognomy on this item was required. 15886 LEGISLATIVE COUNCIL ─ 2 July 2014
No. Item Reasons for not including in the inventory 4.8 Praying and Drawing These items were suggested by the public during Divination Sticks (at public consultation. As there was no detailed temples) information on these items, further research is 4.9 Planchette Writing required. 4.10 Man Mai (Asking Rice As there was no detailed information on these ― means of items, further research is required. communication with spirits through a medium) 4.11 Spiritual Boxer 4.12 Kam Wo Tea The survey team considered that further research Production Technique on this item was required. 4.13 Pak Fah Yeow (White The survey team had tried to contact the cultural Flower Embrocation) bearers for interview, but was rejected. As Production Technique such, detailed information on this item is not available. 4.14 Yu Yee Oil Production The survey team considered that further research Technique on this item was required. 4.15 Florida Water The survey team revealed that the concerned Production Technique cultural bearers did not want to provide 4.16 Bo Ying Compound information on the items, as such details of these Production Technique items are not available. 4.17 Po Chai Pill Production Technique 4.18 Viga-pro Pill Production Technique 4.19 Monkey Bezoar Powder Production Technique 4.20 Amber Ointment Production Technique 4.21 Analgesic Ointment Production Technique 4.22 Man Ying Oil Production Technique 4.23 Jung Fei Pill (Fattening Pill) Production Technique LEGISLATIVE COUNCIL ─ 2 July 2014 15887
No. Item Reasons for not including in the inventory 4.24 Turtle Jelly Production Technique 4.25 Peasants' Knowledge The survey team considered that further research about Nature and the on this item was required. Universe 4.26 Cage Trapping Fishing These items were suggested by the public during Method public consultation. As there was no detailed 4.27 Wooden Lure Fishing information on these items, further research is Method required. 4.28 Dau Chung (Traditional Measurement Unit of Cultivated Land in the New Territories) 4.29 Qigong (Breathing Exercise) 4.30 Emei Linji School Qigong 4.31 Skin Grasping 4.32 Bleeding Therapy
5. Traditional Craftsmanship
No. Item Reasons for not including in the inventory 5.1 Rickshaw The survey team could not get in touch with the concerned cultural bearers. 5.2 Hong Kong Comics The survey team considered that further research on this item was required. 5.3 Kite Production The survey team had tried to contact the cultural Technique bearers for interview, but was rejected. As 5.4 Fried Rice Biscuit such, detailed information on these items is not Production Technique available. 5.5 Fermented Bean Curd Production Technique 5.6 Stinky Bean Curd Production Technique 5.7 Hakka Bean Curd This item was suggested by the public during Production Technique public consultation. As there was no detailed information on the item, further research is required. 15888 LEGISLATIVE COUNCIL ─ 2 July 2014
No. Item Reasons for not including in the inventory 5.8 Bean Curd Sheet The survey team had tried to contact the cultural Production Technique bearers for interview, but was rejected. As 5.9 Pancake with Sugar such, detailed information on these items is not Cracker Production available. Technique 5.10 Snake Soup These items were suggested by the public during 5.11 Egg Waffle public consultation. As there was no detailed 5.12 Glutinous Rice Cake information on these items, further research is 5.13 Crispy Puffed Rice required. Cake 5.14 Braised Pork in Hakka Style 5.15 Hakka Rice Noodles As there was no detailed information on the item, further research is required. 5.16 Veggie Dumpling The survey team could not contact the item proponents. No detailed information on the 5.17 Salted Vegetable items is available.
5.18 Shanghai Cuisine These items were suggested by the public during public consultation. As there was no detailed 5.19 Chiu Chow Cuisine information on these items, further research is required. 5.20 Double-steamed Rice The survey team had tried to contact the cultural Wine Production bearers for interview, but was rejected. As Technique such, detailed information on the item is not available. 5.21 Chicken in Yellow This item was suggested by the public during Wine public consultation. As there was no detailed information on the item, further research is required. 5.22 Incense Production The survey team had tried to contact the cultural Technique bearers for interview, but was rejected. As such, detailed information on this item is not available. 5.23 Seal Carving Technique The survey team could not clearly identify the various schools of this item. The ICHAC agreed to put this item in the follow-up list for further studies. LEGISLATIVE COUNCIL ─ 2 July 2014 15889
No. Item Reasons for not including in the inventory 5.24 Drawing Techniques of These items were suggested by the public during Traditional Chinese public consultation. As there was no detailed Realistic Painting information on these items, further research is 5.25 Technique of Miniature required. Carving on a Rice Grain 5.26 Relief Engraving 5.27 Lithochromy 5.28 Screen Printing 5.29 Etch Printing 5.30 Culture of Dragon and Phoenix Carving 5.31 Stone Carving and Inscription Technique 5.32 Gauze Lantern Crafting Technique 5.33 Ceramics Painting 5.34 Traditional Construction Technique 5.35 Plastering Technique 5.36 Children Games Playing Technique 5.37 Knitting 5.38 Ethnic Costumes 5.39 Dacron (Polyester) 5.40 Headdress, Cool Hat and Colourful Band of Hakka Women in Sai Kung 5.41 Western Clothes 5.42 Old Tree and Potted Plant Growing Method 5.43 Signboard and Neon Sign 5.44 Items with Cultural Characteristics of the Overseas Chinese in Southeast Asia
15890 LEGISLATIVE COUNCIL ─ 2 July 2014
Police's Cyber Patrol
22. MR KENNETH LEUNG (in Chinese): President, it has been reported that the police currently assign police officers to conduct "cyber patrol" for detection of crimes on the Internet. In this connection, will the Government inform this Council:
(1) of the specific tasks and approach of the police in conducting cyber patrol; the departments of the Hong Kong Police Force which conduct cyber patrol and the relevant staffing establishments;
(2) whether the police keep the information, including texts and images, of the relevant webpages when conducting cyber patrol; if they do, of the method and criteria for keeping such information, and whether there is any requirement that information which will not be used for institution of prosecutions must be destroyed within a specified period of time; if there is such a requirement, of the details; if not, the reasons for that;
(3) of the scale of the cyber patrol currently conducted by the police, including the respective numbers of webpages viewed and kept in each of the past five years; the performance indicators set for cyber patrol by the police;
(4) of the number of crimes uncovered during the police's cyber patrol, as well as the respective numbers of the related prosecutions and convictions, in each of the past five years, broken down by type of crimes; and
(5) of the number of cases in which the authorities instituted prosecutions against persons for their online acts under the common law offence of "committing an act outraging public decency" in each of the past five years, and the number of convictions among such cases?
SECRETARY FOR SECURITY (in Chinese): President,
(1) to (3)
The Internet is a public platform with a large volume of information. As some people may use it as a medium and tool for crimes, the LEGISLATIVE COUNCIL ─ 2 July 2014 15891
police have the responsibility to combat such crimes and curb public contact with related criminal acts.
For the purpose of crime prevention and detection, various departments in the police conduct "cyber patrol", substantively meaning to search for relevant information via public platforms on the Internet, where necessary. The police shall, according to their operational priorities, conduct specific and professional search via such platforms for possible crime-related information (for example, fraudulent bank websites, illegal football betting activities, dissemination of child pornography, trafficking of dangerous drugs and Internet criminal intimidation, and so on).
Information search via public platforms on the Internet is only one of the many means of research of the police for the combat of crimes. Setting performance indicators just for the police's information search via public platforms on the Internet is considered inappropriate. The police also do not maintain statistical figures of the webpages viewed and retained.
If the police find any information which involves a criminal case on the Internet and decide to take enforcement action, such information shall become case evidence. In deciding whether the evidence, including that stored by electronic means, shall be retained or destroyed, the police strictly observe the relevant court procedures, requirements on the handling and use of personal data under the Personal Data (Privacy) Ordinance (Cap. 486) and the Force internal guidelines. Decisions shall be made after thorough consideration of the nature of individual cases.
(4) and (5)
Information search via public platforms on the Internet is only one of the many means of research of the police for the combat of crimes. The police do not maintain statistical figures of cases ultimately detected through such a means, nor do the Administration maintain figures of cases in which prosecutions are instituted against persons for their online acts under the common law offence of "committing an act of outraging public decency".
15892 LEGISLATIVE COUNCIL ─ 2 July 2014
BILLS
First Reading of Bills
PRESIDENT (in Cantonese): Bill: First Reading.
MANDATORY PROVIDENT FUND SCHEMES (AMENDMENT) BILL 2014
CLERK (in Cantonese): Mandatory Provident Fund Schemes (Amendment) Bill 2014.
Bill read the First time and ordered to be set down for Second Reading pursuant to Rule 53(3) of the Rules of Procedure.
Second Reading of Bills
PRESIDENT (in Cantonese): Bill: Second Reading.
MANDATORY PROVIDENT FUND SCHEMES (AMENDMENT) BILL 2014
SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): President, I move the Second Reading of the Mandatory Provident Fund Schemes (Amendment) Bill 2014 (the Bill).
The major objectives of the Bill are to amend the Mandatory Provident Fund (MPF) Schemes Ordinance and its subsidiary legislation (collectively referred to as "MPFSO"), as well as the Occupational Retirement Schemes Ordinance (ORSO) in order to provide more flexible arrangements for members of the MPFSO and ORSO schemes to withdraw the accrued benefits and to reduce trustees' compliance burden, with a view to providing greater scope for reduction of MPF fees.
First of all, the Bill proposes to allow phased withdrawal of accrued benefits as an additional option for scheme members upon retirement and early LEGISLATIVE COUNCIL ─ 2 July 2014 15893 retirement. Under the current MPFSO, trustees are required to allow scheme members who have reached the age of 65 to withdraw MPF accrued benefits in a lump sum immediately or on a later date. As the life expectancy of a scheme member is on average 85, it means that a scheme member, after withdrawing the accrued benefits at the age of 65, will have to manage the lump sum amount prudently for his post retirement life of about 20 years. In addition, some scheme members have concerns that in times of economic downturn, making a lump sum withdrawal means realization of all their investment losses in the MPF System in one go. The object of the proposal is facilitate scheme members to better manage their MPF accrued benefits to meet their needs after retirement.
Moreover, under the MPFSO, scheme members are allowed to withdraw accrued benefits before reaching the age of 65 on grounds of early retirement, permanent departure from Hong Kong, death, total incapacity and small balance account. The Bill proposes that "terminal illness" be included as an additional ground for early withdrawal. "Terminal illness" refers to an illness that is likely to reduce the life expectancy of the scheme member to 12 months or less as certified by a registered medical practitioner or a registered Chinese medicine practitioner. We understand that there are voices in the community calling for further relaxation of the early withdrawal arrangements. In formulating the proposals of the Bill, we have taken into account the fact that the MPF System is designed to provide solely for retirement of the working population and its contribution rate is relatively low. Consideration has also been given to the outcome of earlier public consultation conducted by the Mandatory Provident Fund Schemes Authority (MPFA).
To tie in with the above withdrawal arrangements, the Bill also proposes to amend the Inland Revenue Ordinance such that the accrued benefits withdrawn by instalments or on the additional ground of terminal illness will be tax exempted.
President, the Government and MPFA have been pursuing a variety of measures to drive down MPF fees and charges. Some of the relevant legislative amendments are included in the Bill, including the proposal to provide a clear legal basis for the MPFA to tighten the approval of new funds by adopting "in scheme members' interests" as a statutory approval criterion. The Bill also proposes a number of amendments to reduce compliance burden on trustees by simplifying administrative processes, removing overlapping or unnecessary 15894 LEGISLATIVE COUNCIL ─ 2 July 2014 certification requirements and facilitating the use of electronic means of communication primarily between trustees and scheme members.
The MPF System has been in operation for over 13 years since its inception in December 2000. In the light of the MPFA's enforcement experience over the years, we have proposed some relatively technical amendments in the Bill, which include extending the prosecution time bar for offences to facilitate the MPFA to take enforcement actions effectively, clarifying certain ambiguous provisions under the MPFSO, and so on. Lastly, the Bill also proposes to update the secrecy provisions of the two ordinances to allow disclosure of such information by MPF trustees and ORSO administrators to foreign tax authorities, subject to specified conditions, for complying with reporting requirements to enhance tax transparency or combat tax evasion.
President, I hope Members can support the Bill to ensure the early implementation of various enhancement measures to the MPF System.
I so submit. Thank you, President.
PRESIDENT (in Cantonese): I now propose the question to you and that is: That the Mandatory Provident Fund Schemes (Amendment) Bill 2014 be read the Second time.
In accordance with the Rules of Procedure, the debate is now adjourned and the Bill is referred to the House Committee.
Resumption of Second Reading Debate on Bills
PRESIDENT (in Cantonese): We now resume the Second Reading debate on the Supplementary Appropriation (2013-2014) Bill.
SUPPLEMENTARY APPROPRIATION (2013-2014) BILL
Resumption of debate on Second Reading which was moved on 11 June 2014
PRESIDENT (in Cantonese): Does any Member wish to speak?
LEGISLATIVE COUNCIL ─ 2 July 2014 15895
MR ALBERT CHAN (in Cantonese): President, I think it will be more desirable if more Members come back for such an important issue. I request a headcount in accordance with Rule 17(2) of the Rules of Procedure.
PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber.
ADJOURNMENT OF MEETING
(The summoning bell had rung for 15 minutes)
PRESIDENT (in Cantonese): The summoning bell has rung for 15 minutes, but a quorum is not present in the Chamber. I now adjourn the meeting.
Adjourned accordingly at seventeen minutes past Six o'clock.
LEGISLATIVE COUNCIL ─ 2 July 2014 A1
Appendix I
WRITTEN ANSWER
Written answer by the Secretary for Food and Health to Dr LEUNG Ka-lau's supplementary question to Question 1
As regards the handling of complaints against registered doctors by the Medical Council of Hong Kong (MCHK), it handles complaints, information and matters relating to registered medical practitioners in accordance with the Medical Registration Ordinance (Cap. 161) and the Medical Practitioners (Registration and Disciplinary Procedure) Regulation (Cap. 161E), its subsidiary legislation.
The Preliminary Investigation Committee
The Preliminary Investigation Committee (PIC) is established under the MCHK to consider or investigate complaints, information and matters relating to registered medical practitioners under section 6 of Cap. 161E, and make appropriate decisions in accordance with the functions conferred by sections 9 and 11 of Cap. 161E.
Under section 9 of Cap. 161E, the PIC holds regular meetings and considers cases referred by the chairman and the deputy chairman in accordance with section 11. When examining a complaint case, the PIC will consider the written explanation submitted by the defendant and all other information, and refer the complaint to the MCHK for a formal inquiry if there is a prima-facie case of possible professional misconduct of a medical practitioner.
Disciplinary inquiry
Upon receipt of a referral from the PIC, the MCHK will arrange for the conduct of a disciplinary inquiry. The disciplinary inquiry is conducted according to the provisions set out in Part IV of Cap. 161E, including, among others, any party to an inquiry may be represented by a solicitor or barrister; any party may be summoned to attend the inquiry as a witness; every witness shall be examined by the party calling him and cross-examined by the other party, and shall answer the questions raised by members and assessors of the MCHK as they think appropriate. The MCHK, after due inquiry, may decide:
A2 LEGISLATIVE COUNCIL ─ 2 July 2014
WRITTEN ANSWER — Continued
(1) whether it is satisfied that any registered medical practitioner has been guilty of misconduct in any professional respect; and
(2) whether an appropriate order should be made to the registered medical practitioner.
Generally speaking, upon receipt of a complaint, information and matters relating to a registered medical practitioner, the PIC will give initial consideration to or conduct preliminary investigation into the case. Subsequently, the PIC may dismiss the case or refer it to the MCHK for a formal inquiry. After conducting due inquiry into the case referred to it by the PIC, the MCHK may make an appropriate order against the doctor concerned in accordance with section 21 of Cap. 161.
As the procedures, authorities and functions in handling complaints, information and relevant matters relating to registered medical practitioners vary between the PIC and a disciplinary inquiry, there is no question of whether the decisions are consistent or not. Since the related rulings are made on a collective basis, the MCHK has not compiled and kept statistics about the divergence of views between the lay members and the Council.