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OFFICIAL RECORD of PROCEEDINGS Wednesday, 11

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OFFICIAL RECORD of PROCEEDINGS Wednesday, 11 LEGISLATIVE COUNCIL ─ 11 June 2014 14675 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 11 June 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 LEE CHEUK-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. 14676 LEGISLATIVE COUNCIL ─ 11 June 2014 THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. 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 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, B.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 PAUL TSE WAI-CHUN, J.P. LEGISLATIVE COUNCIL ─ 11 June 2014 14677 THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE CLAUDIA MO 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 THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN 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 14678 LEGISLATIVE COUNCIL ─ 11 June 2014 THE HONOURABLE ALICE MAK MEI-KUEN, J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, 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 MARTIN LIAO CHEUNG-KONG, J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, B.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN LEGISLATIVE COUNCIL ─ 11 June 2014 14679 MEMBERS ABSENT: THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE WONG YUK-MAN 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 THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT MR YAU SHING-MU, J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING 14680 LEGISLATIVE COUNCIL ─ 11 June 2014 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 MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 11 June 2014 14681 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. Securities and Futures (Levy) (Amendment) Order 2014 .............................................................. 74/2014 Building (Administration) (Amendment) Regulation 2014 ...................................................... 75/2014 Building (Oil Storage Installations) (Amendment) Regulation 2014 ...................................................... 76/2014 Dutiable Commodities (Amendment) (No. 2) Regulation 2014 ...................................................... 77/2014 Firearms and Ammunition (Amendment) Regulation 2014 ...................................................... 78/2014 Firearms and Ammunition (Storage Fees) (Amendment) Order 2014 .............................................................. 79/2014 Massage Establishments (Amendment) Regulation 2014 ...................................................... 80/2014 Pawnbrokers (Amendment) Regulation 2014 .................... 81/2014 Pesticides (Amendment) Regulation 2014 ......................... 82/2014 14682 LEGISLATIVE COUNCIL ─ 11 June 2014 Public Health (Animals and Birds) (Exhibitions) (Amendment) Regulation 2014 .............................. 83/2014 Public Health (Animals) (Riding Establishment) (Amendment) Regulation 2014 .............................. 84/2014 Pension Benefits Ordinance (Established Offices) (Amendment) Order 2014 ...................................... 85/2014 District Court Equal Opportunities (Amendment) Rules 2014 .............................................................. 86/2014 Declaration of Increase in Pensions Notice 2014 .............. 87/2014 Widows and Orphans Pension (Increase) Notice 2014 ...... 88/2014 Waste Disposal (Amendment) Ordinance 2013 (Commencement) Notice ....................................... 89/2014 Other Paper No. 106 ─ Correctional Services Children's Education Trust Report by the Trustee for the period from 1st September 2012 to 31st August 2013 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Occupational Diseases Involving Lower Limb Musculoskeletal Disorders 1. MR POON SIU-PING (in Cantonese): President, according to the 2013 Report on Annual Earnings and Hours Survey published by the Census and Statistics Department, as at the middle of last year, some half a million of employees were engaged in the catering and retail industries, accounting for LEGISLATIVE COUNCIL ─ 11 June 2014 14683 about one sixth of Hong Kong's workforce. Some members of the catering and retail industries have relayed to me that quite a number of front-line employees in the industries suffer from diseases involving lower limb musculoskeletal disorders (LLMD), as they need to stand for a long time at work. In this connection, will the Government inform this Council: (1) whether there were employees in the catering and retail industries receiving compensation under the Employees' Compensation Ordinance in the past three years for permanent total or partial incapacity resulting from work-related LLMD during the course of employment; if so, of the details; if not, the reasons for that; and (2) given that currently, upper limb disorders like traumatic inflammation of the tendons of the hand or forearm, or of the associated tendon sheaths, have been listed as occupational diseases, whether it will include diseases of LLMD (such as osteoarthritis of knee, lower limb varicose vein and plantar fasciitis) in the list of compensable occupational diseases in the Second Schedule of the Employees' Compensation Ordinance; if so, of the details; if not, the reasons for that? SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, under the Employees' Compensation Ordinance (ECO), an employee may apply for compensation if he/she suffers from an occupational disease which is prescribed under the ECO and can be attributed to the nature of any employment in which the employee was employed within the prescribed period prior to contracting such disease. The ECO also stipulates that even though an employee suffers from a disease which is not a prescribed occupational disease in the ECO, the employee may apply for compensation if he/she can provide evidence that an injury was sustained as a result of an accident arising out of and in the course of employment in a particular case. The Labour Department (LD) will, depending on the circumstances of individual cases, assist the employer and the employee to process the claim for compensation under the ECO. For musculoskeletal diseases, as medical evidence indicates that certain musculoskeletal diseases (including tenosynovitis of hand or forearm, tennis elbow, carpal tunnel syndrome, knee bursitis or subcutaneous cellulitis, and so on) have a clear association with a particular occupation, the LD has prescribed these diseases as occupational diseases. 14684 LEGISLATIVE COUNCIL ─ 11 June 2014 My reply to the question raised by Mr POON Siu-ping is as follows: (1) Beat knee (that is, knee bursitis or subcutaneous cellulitis) is an occupational lower limb musculoskeletal disease listed in the ECO. As the LD did not receive any notification of any occupational disease of beat knee in the past three years, there was no compensation case involving employees. Nor did the LD receive any compensation claim for suffering other lower limb musculoskeletal diseases arising out of and in the course of their employment during the same period. (2) Occupational disease refers to those diseases which have clear and strong relationship with certain occupations, and usually there is only one causal factor involved.
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