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OFFICIAL RECORD of PROCEEDINGS Wednesday, 4 LEGISLATIVE COUNCIL ─ 4 February 2004 2781 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 4 February 2004 The Council met at half-past Two o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.S., J.P. DR THE HONOURABLE DAVID CHU YU-LIN, J.P. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. DR THE HONOURABLE ERIC LI KA-CHEUNG, G.B.S., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, J.P. THE HONOURABLE NG LEUNG-SING, J.P. THE HONOURABLE MARGARET NG 2782 LEGISLATIVE COUNCIL ─ 4 February 2004 THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE HUI CHEUNG-CHING, J.P. THE HONOURABLE CHAN KWOK-KEUNG, J.P. THE HONOURABLE CHAN YUEN-HAN, J.P. THE HONOURABLE BERNARD CHAN, J.P. THE HONOURABLE CHAN KAM-LAM, J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI THE HONOURABLE ANDREW WONG WANG-FAT, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, S.B.S., J.P. DR THE HONOURABLE YEUNG SUM THE HONOURABLE YEUNG YIU-CHUNG, B.B.S. THE HONOURABLE LAU CHIN-SHEK, J.P. THE HONOURABLE LAU KONG-WAH, J.P. LEGISLATIVE COUNCIL ─ 4 February 2004 2783 THE HONOURABLE LAU WONG-FAT, G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, J.P. THE HONOURABLE AMBROSE LAU HON-CHUEN, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE CHOY SO-YUK THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE SZETO WAH THE HONOURABLE TIMOTHY FOK TSUN-TING, S.B.S., J.P. DR THE HONOURABLE LAW CHI-KWONG, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. DR THE HONOURABLE TANG SIU-TONG, J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, J.P. THE HONOURABLE LI FUNG-YING, J.P. THE HONOURABLE HENRY WU KING-CHEONG, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE MICHAEL MAK KWOK-FUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE LEUNG FU-WAH, M.H., J.P. DR THE HONOURABLE LO WING-LOK, J.P. 2784 LEGISLATIVE COUNCIL ─ 4 February 2004 THE HONOURABLE WONG SING-CHI THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE IP KWOK-HIM, J.P. THE HONOURABLE LAU PING-CHEUNG THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE MA FUNG-KWOK, J.P. MEMBERS ABSENT: THE HONOURABLE KENNETH TING WOO-SHOU, J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE HENRY TANG YING-YEN, G.B.S., J.P. THE FINANCIAL SECRETARY THE HONOURABLE STEPHEN IP SHU-KWAN, G.B.S., J.P. SECRETARY FOR ECONOMIC DEVELOPMENT AND LABOUR THE HONOURABLE FREDERICK MA SI-HANG, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE STEPHEN LAM SUI-LUNG, J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS THE HONOURABLE JOHN TSANG CHUN-WAH, J.P. SECRETARY FOR COMMERCE, INDUSTRY AND TECHNOLOGY LEGISLATIVE COUNCIL ─ 4 February 2004 2785 CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MR LAW KAM-SANG, J.P., DEPUTY SECRETARY GENERAL MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL 2786 LEGISLATIVE COUNCIL ─ 4 February 2004 TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Land (Miscellaneous Provisions) (Amendment) Ordinance 2003 (17 of 2003) (Commencement) Notice 2004................................................. 1/2004 Air Transport (Licensing of Air Services) (Amendment) Regulation 2004 ........................................ 4/2004 Animals and Plants (Protection of Endangered Species) (Exemption) (Amendment) Order 2004............. 5/2004 Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 2004.............................................. 6/2004 Nurses (Registration and Disciplinary Procedure) (Amendment) Regulation 2004....................... 7/2004 Enrolled Nurses (Enrolment and Disciplinary Procedure) (Amendment) Regulation 2004....................... 8/2004 Protection of Children and Juveniles (Places of Refuge) (Amendment) Order 2004............................. 9/2004 Banking Ordinance (Amendment of Section 81(6)) Notice 2004.............................................. 10/2004 Import and Export (General) Regulations (Amendment of Seventh Schedule) Notice 2004 ...................... 11/2004 LEGISLATIVE COUNCIL ─ 4 February 2004 2787 Tax Reserve Certificates (Rate of Interest) Notice 2004.............................................. 12/2004 Employees Compensation Assistance (Amendment) Ordinance 2002 (16 of 2002) (Commencement) Notice 2004....................................................... 13/2004 Quarantine and Prevention of Disease Ordinance (Amendment of First Schedule) Order 2004 ....... 14/2004 Prevention of the Spread of Infectious Diseases Regulations (Amendment of Form) Order 2004.................. 15/2004 Other Paper No. 54 ─ Employees Retraining Board Annual Report 2002-2003 WRITTEN ANSWERS TO QUESTIONS Provision of Student Hostels in Subvented Schools for Physically Handicapped Children 1. MS AUDREY EU (in Chinese): Madam President, of the seven subvented schools for physically handicapped children in Hong Kong, two have hostels for students who need residential places. In this connection, will the Government inform this Council: (a) of the number of children currently waiting for admission to the two schools and their hostels, as well as the average time such children have so far been waiting; and (b) whether it has plans to provide hostels in the other five schools or redeploy the existing hostel resources; if so, of the details of the plans? 2788 LEGISLATIVE COUNCIL ─ 4 February 2004 SECRETARY FOR EDUCATION AND MANPOWER (in Chinese): Madam President, (a) Boarding facilities in special schools for children with physical disability are to cater for those students with long-term boarding needs. The provision is on a territory-wide basis. According to our information as at 15 January 2004, five students attending other schools have applied for schooling and boarding services in the two schools with hostels in the 2003-04 school year. Arrangements have been made and individual students, for personal reasons such as health or completion of a school term, would be transferred either in the second school term or at the beginning of the coming school year. Such arrangements have been agreed with the parents concerned. (b) In this school year, the two schools are providing 160 boarding places of which 11 are still vacant. According to past figures and the projected demand, the existing provision of boarding places in schools for children with physical disability should be sufficient to meet the demand. Hence, the Education and Manpower Bureau (the Bureau) has no plan to provide boarding places in the other five special schools for children with physical disability. Nonetheless, the Bureau will constantly review the demand and supply of boarding places in these schools. Should needs arise, the Bureau may explore the possibility of redeployment of resources for provision of appropriate services to cater for those students with long-term boarding needs. Factory Inspections 2. MISS CHAN YUEN-HAN (in Chinese): Madam President, will the Government inform this Council: (a) in respect of the past three financial years, of: (i) the number of cases of non-compliance with the Hong Kong origin rules detected by the government departments concerned through inspections or reports from the public, the amount of money and the quantities of goods involved; LEGISLATIVE COUNCIL ─ 4 February 2004 2789 (ii) the number of cases in which prosecution was successfully instituted for non-compliance with the Hong Kong origin rules, the amount of fines and the terms of imprisonment involved; and (iii) the number of officers of the authorities responsible for carrying out inspections of factories and checking of cargoes consigned; whether they carry out surprise raids; if so, the number of such raids; (b) of the items checked by the authorities during factory inspections to enforce the Hong Kong origin rules, and whether they include records of wages (records of bank transfers), provident fund contributions and information about subcontractors rendering help to the factories concerned in the manufacture of goods, such as their full addresses, contact arrangements with the persons in charge and the number of employees and their wages; if not, whether the authorities will consider checking these records; and (c) of the number of applications for the Certificate of Origin under the Mainland/Hong Kong Closer Economic Partnership Arrangement received by the authorities so far and, among them, the number of applications already approved? SECRETARY FOR COMMERCE, INDUSTRY AND TECHNOLOGY (in Chinese): Madam President, my reply to the various parts of the Honourable CHAN Yuen-han's question is as follows: (a) Since financial year 2001-02, (i) the number of cases of non-compliance with the Hong Kong origin rules detected by the Customs and Excise Department (C&ED) through its inspections and reports from the public, and the value and quantities of goods involved in these cases are as follows: 2790 LEGISLATIVE COUNCIL ─ 4 February 2004 Number of substantiated cases of non- Value of goods Quantities of Financial year compliance with involved goods involved the Hong Kong origin rules 2001-02 151 $22,958,160 1 099 267 garment pieces and 13 028 kg of knitted items 2002-03 70 $7,857,739 315 028 garment pieces 2003-04 35 $6,216,973 242 972 garment (as at 31 December pieces 2003) (ii) the number of successful prosecutions by the C&ED against non-compliance with the Hong Kong origin rules and the amount of fines involved are as follows: Number of successful Financial year Total amount of fines prosecutions1 2001-02 115 $2,916,450 2002-03 50 $1,401,000 2003-04 26 $1,188,500 (as at 31 December 2003) 1 Number of successful prosecutions for a particular year may include those that were initiated in the year before.
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