LEGISLATIVE COUNCIL ─ 28 October 2009 403 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 28 October 2009 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 IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. 404 LEGISLATIVE COUNCIL ─ 28 October 2009 THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. LEGISLATIVE COUNCIL ─ 28 October 2009 405 THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE CHAN KIN-POR, J.P. THE HONOURABLE TANYA CHAN DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE WONG YUK-MAN THE HONOURABLE IP WAI-MING, M.H. 406 LEGISLATIVE COUNCIL ─ 28 October 2009 THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. MEMBERS ABSENT: THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION, AND SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE JOHN TSANG CHUN-WAH, J.P. THE FINANCIAL SECRETARY MS JULIA LEUNG FUNG-YEE, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EVA CHENG, J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE MRS RITA LAU NG WAI-LAN, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT LEGISLATIVE COUNCIL ─ 28 October 2009 407 MR GREGORY SO KAM-LEUNG, J.P. UNDER SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT MR YAU SHING-MU, J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL 408 LEGISLATIVE COUNCIL ─ 28 October 2009 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. Air Navigation (Hong Kong) Order 1995 (Amendment of Schedule 16) Order 2009 ....................................... 193/2009 Dangerous Goods (Consignment by Air) (Safety) Regulations (Amendment of Schedule) Order 2009.................. 194/2009 Shipping and Port Control (Amendment) Regulation 2008 (Commencement) Notice ....................................... 195/2009 Merchant Shipping (Local Vessels) (General) (Amendment) Regulation 2008 (Commencement) Notice ........... 196/2009 Other Papers No. 20 ─ Audited Financial Statements of the Customs and Excise Service Welfare Fund for the year ended 31 March 2009 and its Summary, together with the Director of Audit's Report No. 21 ─ Electrical and Mechanical Services Trading Fund Annual Report 2008/09 No. 22 ─ Traffic Accident Victims Assistance Fund Annual Report for the year from 1 April 2008 to 31 March 2009 No. 23 ─ Office of the Telecommunications Authority Trading Fund Report 2008/09 No. 24 ─ Hong Kong Post Annual Report 2008/09 LEGISLATIVE COUNCIL ─ 28 October 2009 409 WRITTEN ANSWERS TO QUESTIONS Regulation of Modified Vehicles 1. MS MIRIAM LAU (in Chinese): President, it has been reported that quite a number of vehicles involved in numerous traffic accidents in recent years were suspected to be modified vehicles (commonly known as "reassembled cars") which had been assembled with parts dismantled from different vehicles. Due to the low prices of these vehicles, they are very popular with young people and those who have just been issued a driving licence. However, such types of vehicles do not offer adequate protection and cannot withstand the impact on being hit, resulting in serious injuries and deaths of motorists and passengers as well as complete destruction of the vehicles in the event of accidents. In this connection, will the Government inform this Council: (a) of the total number of road traffic accidents involving reassembled cars in each of the past five years, the resultant casualties and the ages of the reassembled cars concerned; (b) whether it had, in the past five years, assessed if there was an upward trend in the number of reassembled cars in Hong Kong; if it had, of the assessment results; if not, whether it will consider conducting the relevant assessment; (c) what measures the authorities have at present to regulate reassembled cars; whether they will study strengthening the regulation of such vehicles, so as to safeguard the safety of consumers and motorists; and (d) whether the Transport Department (TD) had, in the past five years, discovered any reassembled cars through the arrangement which requires private cars to undergo examinations at designated car testing centres; if it had, of the number and ages of such vehicles; if not, whether it will plan to review the arrangement concerned, so as to strengthen the regulation of reassembled cars? SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, my reply to the four parts of the question is as follows: 410 LEGISLATIVE COUNCIL ─ 28 October 2009 (a) If the body frame of a vehicle is assembled by welding of various parts and the strength of the welding joints is below that of the original car, in the event of a collision, the welds are prone to be broken apart with smooth cuts. According to the records of the TD and the police for the last five years, the bodies of private cars breaking apart in serious traffic accidents (including those severely damaged in accidents took place at Texaco Road in 2007 and the Chinese University of Hong Kong in 2009) were not assembled by welded body parts. The resultant splits were coarse tears instead of smooth cuts, unlike the damage done on the so-called "reassembled cars". (b), (c) and (d) To ensure that all vehicles are safe and roadworthy, regulation 5(1) of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374A) stipulates that every vehicle, including all body work and fittings, shall be soundly and properly constructed of suitable materials. The TD will not issue licences to vehicles that do not meet the requirement. At present, all private cars aged six years or more from the year of manufacture are required to receive and pass the annual vehicle examination in order to obtain a Certificate of Roadworthiness for licence renewal. The annual examination covers tests and checks on body work, braking system, steering system, tyres, on-board safety equipment, and so on. If the vehicle examiner finds any unusual signs of body welding, follow-up actions will be taken to ensure that the vehicle is safe; otherwise, the vehicle concerned cannot pass the examination for its licence renewal. Moreover, the police conduct frequent random roadside checks on private cars travelling on the road. They will take follow-up actions or institute prosecution if non-compliance with the statutory requirements on body work is identified. Furthermore, section 53 of Road Traffic Ordinance (Cap. 374) stipulates that no person shall alter a motor vehicle so as to render its condition such that the use thereof on a road would contravene any provision of that Ordinance as to the construction, weight, LEGISLATIVE COUNCIL ─ 28 October 2009 411 equipment, brakes, steering gear or tyres thereof. Any person who contravenes the provision commits an offence and is liable to a fine of $20,000. The TD has also issued guidelines to remind car owners to obtain approval and supporting evidence from the vehicle manufacturer or a qualified person (for example, registered engineer) if they wish to alter the chassis frame or vehicle structure so as to ensure compliance of their vehicles with the statutory requirements after repairs.