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Hansard LEGISLATIVE COUNCIL ─ 9 January 2013 4615

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Hansard LEGISLATIVE COUNCIL ─ 9 January 2013 4615 LEGISLATIVE COUNCIL ─ 9 January 2013 4307 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 9 January 2013 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 THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. 4308 LEGISLATIVE COUNCIL ─ 9 January 2013 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, 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. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN THE HONOURABLE CLAUDIA MO LEGISLATIVE COUNCIL ─ 9 January 2013 4309 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 THE HONOURABLE ALICE MAK MEI-KUEN, J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG 4310 LEGISLATIVE COUNCIL ─ 9 January 2013 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 TONY TSE WAI-CHUEN MEMBERS ABSENT: DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. LEGISLATIVE COUNCIL ─ 9 January 2013 4311 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE K C CHAN, 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 RAYMOND TAM CHI-YUEN, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE EDDIE NG HAK-KIM, S.B.S., J.P. SECRETARY FOR EDUCATION THE HONOURABLE PAUL TANG KWOK-WAI, J.P. SECRETARY FOR THE CIVIL SERVICE DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE WONG KAM-SING, J.P. SECRETARY FOR THE ENVIRONMENT 4312 LEGISLATIVE COUNCIL ─ 9 January 2013 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 CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 9 January 2013 4313 PRESIDENT (in Cantonese): 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. Telecommunications (Telecommunications Apparatus) (Exemption from Licensing) (Amendment) Order 2012 ........................................................................ 190/2012 Allowances to Jurors (Amendment) Order 2012 (Commencement) Notice ........................................ 191/2012 Criminal Procedure (Witnesses' Allowances) (Amendment) Rules 2012 (Commencement) Notice .................... 192/2012 Coroners (Witnesses' Allowances) (Amendment) Rules 2012 (Commencement) Notice ........................................ 193/2012 Designation of Libraries (Amendment) Order 2013 .......... 1/2013 Other Papers No. 57 ─ Report by the Controller, Government Flying Service on the Administration of the Government Flying Service Welfare Fund for the year ended 31 March 2012 No. 58 ─ Agricultural Products Scholarship Fund Report for the period from 1 April 2011 to 31 March 2012 No. 59 ─ Hong Kong Council for Accreditation of Academic and Vocational Qualifications Annual Report 2011-12 4314 LEGISLATIVE COUNCIL ─ 9 January 2013 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Display of Roadside Non-commercial Publicity Materials 1. MR CHAN CHI-CHUEN (in Cantonese): President, any person who displays roadside publicity materials without the written permission of the Authority given under the Public Health and Municipal Services Ordinance commits an offence. Moreover, the Management Scheme for the Display of Roadside Non-commercial Publicity Materials Implementation Guidelines provide that the display of publicity materials at central dividers of roads, pedestrian crossings and within 30 m of traffic upstream side of road junctions is prohibited. Nevertheless, quite a number of members of the public have complained to me that a large number of banners were hung by organizations professing love for the Motherland and Hong Kong on the streets in Yau Tsim Mong District in recent months, and some of them were even hung in the no banner zones. These members of the public have lodged complaints with the Food and Environmental Hygiene Department (FEHD), but the FEHD has neither instituted prosecution against the persons concerned nor removed such banners. In this connection, will the Government inform this Council: (a) apart from the banners removed for the general elections of the Legislative Council and District Councils, of the number of unauthorized banners displayed on the streets which were removed by the authorities in the past three years, and the total amount of fines imposed on the persons concerned; (b) whether, in the last half-year, the authorities had received and approved applications for hanging the aforesaid banners; if so, of the details; if approval had not been given, the reasons for the authorities not removing the banners and instituting prosecutions; and (c) whether measures are in place at present to prevent the situation of a large number of unauthorized banners being displayed on the streets or such a situation from worsening? LEGISLATIVE COUNCIL ─ 9 January 2013 4315 SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, the Lands Department (LandsD) has implemented the "Management Scheme for the Display of Roadside Non-commercial Publicity Materials" (Management Scheme) since May 2003 to manage the display of non-commercial publicity materials on the roadside, and made revisions to the "Implementation Guidelines" of the Management Scheme in August 2011. The non-commercial publicity materials in question are usually displayed by non-profit-making organizations, District Councils and their committees, as well as members of the Legislative Council and District Councils and so on for the purpose of promoting/publicizing activities that are non-commercial or of interest to the public, and disseminating information that is of general interest or use to the public. For the purpose of implementing the Management Scheme, some officers in LandsD are authorized to give permission for the display of roadside non-commercial publicity materials under the Public Health and Municipal Services Ordinance, exercising authority delegated from the Director of Food and Environmental Hygiene. For the display of publicity materials that is verified by LandsD as being unauthorized or noncompliant with the Implementation Guidelines, the FEHD will remove them and recover the removal costs from the parties concerned under the above Ordinance. The FEHD conducts joint operations with LandsD regularly to remove publicity materials the display of which is unauthorized or non-compliant with the Implementation Guidelines.
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