LEGISLATIVE COUNCIL ─ 12 March 2008 5235 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 12 March 2008 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.M., G.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, 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 THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE BERNARD CHAN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG 5236 LEGISLATIVE COUNCIL ─ 12 March 2008 THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. DR THE HONOURABLE YEUNG SUM, J.P. THE HONOURABLE LAU CHIN-SHEK, 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 CHOY SO-YUK, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO 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, J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT LEGISLATIVE COUNCIL ─ 12 March 2008 5237 DR THE HONOURABLE JOSEPH LEE KOK-LONG, J.P. THE HONOURABLE DANIEL LAM WAI-KEUNG, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG DR THE HONOURABLE KWOK KA-KI DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE WONG TING-KWONG, B.B.S. 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 ALBERT JINGHAN CHENG, J.P. THE HONOURABLE KWONG CHI-KIN THE HONOURABLE TAM HEUNG-MAN THE HONOURABLE MRS ANSON CHAN, G.B.M., J.P. MEMBERS ABSENT: DR THE HONOURABLE LUI MING-WAH, S.B.S., J.P. THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. 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 HOWARD YOUNG, S.B.S., J.P. THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. 5238 LEGISLATIVE COUNCIL ─ 12 March 2008 THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE LI KWOK-YING, M.H., 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 CHEUNG HOK-MING, S.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE HENRY TANG YING-YEN, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR EDUCATION DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE EVA CHENG, J.P. SECRETARY FOR TRANSPORT AND HOUSING CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 12 March 2008 5239 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. Interpretation and General Clauses Ordinance (Amendment of Schedule 6) Order 2008........................... 49/2008 Drug Addiction Treatment Centre (Lai King Correctional Institution) Order...................................... 50/2008 Prisons (Amendment) Order 2008........................... 51/2008 Rehabilitation Centres (Appointment) (Amendment) Order 2008 ..................................................... 52/2008 Training Centre (Consolidation) (Amendment) Declaration 2008 ..................................................... 53/2008 Other Papers No. 77 ─ Employees Retraining Board Annual Report 2006-2007 No. 78 ─ Report of changes to the approved Estimates of Expenditure approved during the third quarter of 2007-2008 (Public Finance Ordinance : Section 8) No. 79 ─ The Lord Wilson Heritage Trust Annual Report 2006-2007 Report of the Bills Committee on The English Schools Foundation (Amendment) Bill 2007 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First Question. 5240 LEGISLATIVE COUNCIL ─ 12 March 2008 Overtime Allowance for Staff of Government Departments and Subvented Organizations 1. MR MARTIN LEE (in Cantonese): Madam President, will the Government inform this Council: (a) of the expenditure of each government department on overtime allowance (OTA) in the past five years; (b) in the past five years, whether it had uncovered any cases of misuse of OTA, and how it ensures that various government departments and subvented organizations make good use of the allowance; and (c) whether the authorities will consider establishing a mechanism for returning the balance of the annual allocation for OTA to the Treasury? SECRETARY FOR THE CIVIL SERVICE (in Cantonese): President, the administration and control of overtime (OT) work undertaken by civil servants in government bureaux and departments (hereafter referred to as departments) are governed by the relevant Civil Service Regulations, Civil Service Bureau circulars or circular memoranda. Heads of Department (HoDs) have a responsibility to determine the staff complement required to deliver departmental services efficiently and effectively. OT work may be undertaken only when it is strictly unavoidable. It is an HoD's duty to ensure that OT work is kept to the absolute minimum compatible with operational requirements, and that it is strictly controlled and properly supervised. With regard to the subvented sector, the determination of remuneration and whether to provide OTA to staff working in subvented bodies are essentially matters between the subvented bodies as employers and their staff as employees. As in the case of other elements in the remuneration package, it would be up to individual subvented bodies to agree with their staff whether the OT work should be compensated and if so by what means. The Government has not mandated subvented bodies to follow the civil service practice in the administration and control of OT work undertaken by their own staff. That said, Controlling Officers (COs) are accountable for the proper use of public funds under their control, including the subventions allocated to their subvented bodies. Having regard to the diversified nature of the subvented bodies, COs have the discretion LEGISLATIVE COUNCIL ─ 12 March 2008 5241 to decide what financial control and monitoring system should be put in place to oversee the spending of public money by subvented bodies. While such monitoring systems may vary between subvented bodies in terms of design and substance, the focus nowadays has been moving away from control of itemized expenditure to an outcome-based approach. This is to preserve maximum operational and funding flexibility for the subvented bodies while ensuring that public funds have been properly spent by them for the intended purposes. Under the present subvention policy, most subvented bodies are allowed to accumulate in their reserve up to a specified limit any provisions which remain unspent at the end of a financial year. My replies to the specific questions with regard to government departments are as follows: (a) The expenditure of individual departments on OTA, and Disciplined Services Overtime Allowance (DSOA) for civil servants from 2003-2004 to 2007-2008 are tabulated in the Annex. (b) As reported by departments, only a handful of cases of misuse of OTA were uncovered from 2003-2004 to 2007-2008. To ensure sound administration and control of OT work undertaken by civil servants and proper use of the relevant allowances, we have promulgated the following general rules on OT management: (i) OT work may only be undertaken when it is strictly unavoidable, that is, the duties to be performed at the time are essential, the duties must be performed at that time and cannot be deferred, and that the duties concerned cannot be performed by another officer at the time who will not be required to perform OT; (ii) Apart from exceptional circumstances which are unforeseen, OT must be authorized in advance by an HoD or an officer who is ineligible for OTA/DSOA and who has been nominated for this purpose by an HoD personally; (iii) To avoid habitual OT or accumulation of large amount of uncompensated OT hours by individual officers, HoDs should set a ceiling for the OT hours which an officer may undertake 5242 LEGISLATIVE COUNCIL ─ 12 March 2008 in a month and the maximum amount of uncompensated OT hours accumulated by an officer at any one time. The general guidelines are that each officer should not work more than 60 hours of OT per month and the accumulated uncompensated OT hours for each officer should not exceed 180 hours; (iv) Cases where an officer is required to undertake OT work beyond the stated ceilings should be justified on exceptional or emergency grounds, these cases are subject to approval by an officer at directorate level; (v) OT work should normally be compensated by time off in lieu on a one-for-one basis subject to exigencies of service.