LEGISLATIVE COUNCIL ─ 29 October 2008 433 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 29 October 2008 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, 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. 434 LEGISLATIVE COUNCIL ─ 29 October 2008 THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU KONG-WAH, 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 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, 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. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. LEGISLATIVE COUNCIL ─ 29 October 2008 435 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 PAUL CHAN MO-PO, M.H., J.P. 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. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. 436 LEGISLATIVE COUNCIL ─ 29 October 2008 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 LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, 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 JOHN TSANG CHUN-WAH, J.P. THE FINANCIAL SECRETARY PROF THE HONOURABLE K C CHAN, S.B.S., 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 CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 29 October 2008 437 PRESIDENT (in Cantonese): Clerk, please check if a quorum is present now. If not, please ring the bell. (The Clerk, after doing a head count, indicated that a quorum was present) 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. Airport Authority Ordinance (Map of Restricted Area) (Amendment) Order 2008 ...................................... 228/2008 Census and Statistics (Quarterly Survey of Service Industries) (Amendment) Order 2008 ...................................... 229/2008 Road Traffic (Traffic Control) (Designation of Prohibited and Restricted Zones) (Amendment) Notice 2008............................................................. 230/2008 Waste Disposal (Designated Waste Disposal Facility) Regulation (Amendment of Schedules 1 and 2) Notice 2008............................................................. 231/2008 Waste Disposal (Charges for Disposal of Construction Waste) Regulation (Amendment of Schedule 4) Notice 2008............................................................. 232/2008 438 LEGISLATIVE COUNCIL ─ 29 October 2008 Other Papers No. 19 ─ Traffic Accident Victims Assistance Fund Annual Report for the year from 1 April 2007 to 31 March 2008 No. 20 ─ Electrical and Mechanical Services Trading Fund Annual Report 2007-2008 No. 21 ─ Office of the Telecommunications Authority Trading Fund Report 2007-2008 No. 22 ─ Hong Kong Post Annual Report 2007-2008 WRITTEN ANSWERS TO QUESTIONS Diagnoses of Occupational Diseases 1. MS LI FUNG-YING (in Chinese): President, some workers have relayed to me that the diagnoses, made by the occupational health clinics under the Labour Department (LD), on whether an employee is suffering from an occupational disease under the Employees' Compensation Ordinance (Cap. 282), were often different from the diagnoses made by registered medical practitioners in public hospitals or private clinics. In this connection, will the Government inform this Council whether: (a) currently there is any mechanism for employees to learn about the criteria, principles and procedure adopted and the time required for occupational health clinics to diagnose occupational diseases; (b) it will consider setting up a more systematic mechanism for the diagnosis of occupational diseases by making reference to the Measures for Administration of Diagnosis and Confirmation of Occupational Diseases promulgated by the Ministry of Health of the Mainland; and LEGISLATIVE COUNCIL ─ 29 October 2008 439 (c) it will consider setting up a mechanism other than the Court to deal with appeals instituted by employees or employers against the diagnoses made by occupational health clinics; if it will, of the details; if not, the reasons for that? SECRETARY FOR LABOUR AND WELFARE (in Chinese): President, there are altogether 52 occupational diseases prescribed under the Occupational Deafness (Compensation) Ordinance (ODCO) (Cap. 469), the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (PMCO) (Cap. 360) and the Employees' Compensation Ordinance (ECO) (Cap. 282). These three pieces of legislation provide for different procedures for confirming occupational deafness, pneumoconiosis (including silicosis and asbestosis) and mesothelioma, and other 48 occupational diseases respectively: (a) under the ODCO, the Occupational Deafness Compensation Board (ODCB) and its Medical Committee are responsible for processing and determining applications, including determining whether the claimant has suffered from occupational deafness as prescribed in the Ordinance. A doctor from the Occupational Health Service (OHS) of the LD is a member of the ODCB, and members of its Medical Committee include specialists in Otorhinolaryngology and Occupational Medicine, and an audiologist; (b) under the PMCO, the Pneumoconiosis Medical Board (PMB) is responsible for determining whether the claimant has suffered from pneumoconiosis and mesothelioma. The PMB consists of three members and one of them is a doctor from the OHS of the LD; (c) if claimants are dissatisfied with the determination, they may request the ODCB or PMB for a review of that determination. In any case, if they are dissatisfied with the result of the review, they may appeal to the Court; and (d) as to the 48 occupational diseases prescribed in the Second Schedule of the ECO, the LD is responsible for processing such claims. Where there is any dispute between the employer and employee as to whether the disease that the latter is suffering from is a prescribed 440 LEGISLATIVE COUNCIL ─ 29 October 2008 occupational disease under the ECO, the LD will, with the consent of the employee, collect relevant information and medical reports on the case and seek the professional advice of the doctors from the OHS of the LD, and will then give the medical opinion to both parties. If the dispute could not be resolved through the assistance of the department, the aggrieved party may resort to the Court for a judgment. Apart from providing treatment to employees who suspect their diseases to be work-related, doctors in the two occupational health clinics of the LD will diagnose whether the patients have suffered from occupational diseases prescribed in the ECO. I will now reply to the three parts of the question as follows: (a) During the initial and follow-up consultations, doctors in the occupational health clinics will take a comprehensive medical and occupational history from the patients, conduct physical examinations for them and arrange for relevant laboratory tests. The doctors may also, depending on the circumstances and wish of the patients, arrange for inspections to the patients' workplaces together with the LD's occupational hygienists to identify the existence or otherwise of hazards in the working environment relating to the diseases. Through comprehensive analysis of such information, the doctors can diagnose whether the patients have suffered from prescribed occupational diseases under the ECO. During the consultations, the doctors will, having regard to the circumstances of individual patients, explain to them their clinical presentation, diagnostic procedures and expected time, results of examinations and laboratory tests, findings of workplace inspections, as well as diagnoses and treatment plans, and so on. If the patients raise objection to the results after the diagnoses have been made, the doctors will review the cases.