LEGISLATIVE COUNCIL ─ 16 June 2011 12157 OFFICIAL RECORD OF PROCEEDINGS Thursday, 16 June 2011 The Council continued to meet at Nine 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. 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. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU KONG-WAH, J.P. 12158 LEGISLATIVE COUNCIL ─ 16 June 2011 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 TIMOTHY FOK TSUN-TING, G.B.S., 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 LI FUNG-YING, S.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 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, G.B.S., J.P. 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 LEGISLATIVE COUNCIL ─ 16 June 2011 12159 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, J.P. DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. THE HONOURABLE CHAN KIN-POR, J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, 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. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE TANYA CHAN 12160 LEGISLATIVE COUNCIL ─ 16 June 2011 THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN MEMBERS ABSENT: THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR EDUCATION THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT CLERKS IN ATTENDANCE: MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 16 June 2011 12161 BILLS Second Reading of Bills Resumption of Second Reading Debate on Bills PRESIDENT (in Cantonese): Good morning. We now resume the Second Reading debate on the Residential Care Homes (Persons with Disabilities) Bill. RESIDENTIAL CARE HOMES (PERSONS WITH DISABILITIES) BILL Resumption of debate on Second Reading which was moved on 30 June 2010 PRESIDENT (in Cantonese): Mr WONG Sing-chi, Chairman of the Bills Committee on the above Bill, will address the Council on the Committee's Report. MR WONG SING-CHI (in Cantonese): President, in my capacity as Chairman of the Bills Committee on the Residential Care Homes (Persons with Disabilities) Bill, I now report on the deliberations of the Bills Committee. The Residential Care Homes (Persons with Disabilities) Bill (the Bill) aims to provide for the control of residential care homes for persons with disabilities (RCHDs) through a statutory licensing scheme. The Bills Committee has held 14 meetings and also received views from 14 deputations. To better understand the operation of private RCHDs, the Bills Committee paid a visit to two private RCHDs. In the course of deliberations, members have examined issues relating to the statutory framework of the licensing system, the application mechanism, enforcement of the licensing system, the licensing standards and requirements and the likely impact of the licensing scheme on the operation of private RCHDs. Members understood that the private RCHD sector was gravely worried about the impacts of the licensing scheme on the operation of RCHDs. According to the sector, to meet the proposed minimum spatial requirement, that 12162 LEGISLATIVE COUNCIL ─ 16 June 2011 is, the minimum area of floor space for each resident of homes for mildly to moderately disabled persons is 6.5 sq m, the fees of most private RCHDs will inevitably increase as a result of the reduction in the number of beds; some RCHDs may close down because of inability to meet the licensing requirements, resulting in displacement of residents. The Administration has assured members that it is fully aware of their concerns, and will formulate suitable complementary measures to encourage private RCHDs to upgrade their service standards. To this end, a pilot Bought Place Scheme will be introduced prior to the implementation of the statutory licensing system, and a Financial Assistance Scheme will be implemented upon the enactment of the Bill to provide subsidies to private RCHDs to carry out improvement works for compliance with the licensing requirements in building and fire safety. Besides, there will be a grace period of 18 months after the commencement of the Bill to allow time for RCHDs to put in place suitable arrangements. Some members remain of the view that the Administration should critically consider upgrading the minimum spatial requirement, to ensure that RCHD residents are provided with adequate activity and nursing care space. Some members suggested that consideration should be given to including outdoor space (or a portion thereof) for the purpose of calculating the spatial requirement in order to encourage the operators to provide more spacious area for recreational activities for the RCHD residents. Having considered members' views, the Administration has agreed to review afresh the level of minimum area of floor space to be required for each resident in a RCHD and the criteria for determining the area in a RCHD for the purpose of the spatial requirement. The space standard per capita will be stipulated in the Regulation which will be tabled for negative vetting by the Legislative Council after passage of the Bill. Other issues of concern to members are the minimum staffing requirements for each type of RCHDs and the impact of the statutory minimum wage on the manpower requirement of RCHDs. Members stress the need for the Administration to assist the private RCHD sector to upgrade and enhance the service quality, instead of lowering the staffing requirement to facilitate the continued operation of private RCHDs after the implementation of the licensing scheme. LEGISLATIVE COUNCIL ─ 16 June 2011 12163 The Administration has reiterated that the minimum staffing requirements are the results of the deliberations of the sector, representatives of persons with disabilities, parent groups, and representatives from the Hong Kong Council of Social Service, and have balanced the different views of the rehabilitation sector and stakeholders. The minimum staffing requirements for each type of RCHDs in different periods will be set out in the Regulation to be tabled later. The Administration believes that the private RCHDs would achieve a material improvement in service standards after the introduction of a licensing system. Although the actual number of working hours per shift is usually agreed upon in the contract of employment between the employer and the employee, the Administration has explained that the RCHD operators had been advised to observe the requirements under the Minimum Wage Ordinance in arranging duty hours for their staff. To allay members' concerns, the Administration has agreed to spell out explicitly the arrangements in the Code of Practice to be issued later by the Director of Social Welfare (the Director). The Bills Committee has considered the licence application system in detail. Upon members' request, the Administration has provided information on the Administration's criteria for classification of a mixed home. As members have expressed concern about the appropriate level of care provided to the residents, the Administration has assured members that, after determining the category of a RCHD, the Social Welfare Department (SWD) will specify clearly the level of care services provided by the RCHD in its licence and it will also conduct regular inspections. Members note that the Director is empowered to issue a certificate of exemption (COE) to a licence applicant and specify the validity period of the certificate as being not more than 36 months, and a holder of COE may apply for the certificate to be renewed for a period of not more than 36 months; members have expressed concern about the potentially long validity period of COEs.