LEGISLATIVE COUNCIL ─ 5 January 2011 4115 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 5 January 2011 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. 4116 LEGISLATIVE COUNCIL ─ 5 January 2011 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 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 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 ─ 5 January 2011 4117 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 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 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. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. 4118 LEGISLATIVE COUNCIL ─ 5 January 2011 THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE TANYA CHAN THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN MEMBERS ABSENT: THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR EDUCATION THE HONOURABLE AMBROSE LEE SIU-KWONG, G.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE LEGISLATIVE COUNCIL ─ 5 January 2011 4119 MS JULIA LEUNG FUNG-YEE, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE EDWARD YAU TANG-WAH, J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE MRS RITA LAU NG WAI-LAN, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 4120 LEGISLATIVE COUNCIL ─ 5 January 2011 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. Employees Retraining Ordinance (Amendment of Schedule 2) (No. 4) Notice 2010 ............................................... 173/2010 Statutes of The Chinese University of Hong Kong (Amendment) Statutes 2010 .................................. 174/2010 Matrimonial Proceedings and Property (Amendment) Ordinance 2010 (Commencement) Notice ............ 175/2010 Mutual Legal Assistance in Criminal Matters (Ireland) Order (Commencement) Notice ....................................... 176/2010 Other Paper Report No. 9/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Management of Waste Electrical and Electronic Equipment 1. MR CHAN HAK-KAN (in Cantonese): President, some green groups have predicted that along with Hong Kong's economic recovery, coupled with the introduction of many new models of electrical and electronic equipment by manufacturers in recent years, including smart phones, tablet personal computers LEGISLATIVE COUNCIL ─ 5 January 2011 4121 and high-definition television sets, which attract quite a number of consumers to purchase such equipment and dispose of equipment of old models, the amount of electronic waste in Hong Kong will increase. On the other hand, the Ministry of Environmental Protection announced that the Regulation on Disposal of Waste Electrical and Electronic Equipment (the Regulations) would come into operation with effect from 1 January 2011, which expressly stipulates that import of waste electrical and electronic equipment (WEEE) forbidden to be imported to the State is not allowed. In this connection, will the Government inform this Council: (a) of the respective quantities of WEEE generated, disposed of and recycled in Hong Kong in the past three years; among such waste, the quantity of recycled equipment exported to the Mainland and other major regions; as well as the equipment and raw materials involved; (b) whether it has assessed if the implementation of the aforesaid Regulation by the State will reduce the avenues to export recycled WEEE from Hong Kong and increase the quantity of such equipment being disposed of in landfills; if the assessment outcome is in the affirmative, of the specific details, as well as the options to address the problem; and (c) as it has been more than half a year since the authorities completed public consultation on the producer responsibility scheme (PRS) for WEEE, when the authorities will formally commence work on the introduction of the legislation concerned and introduce it into the Legislative Council for scrutiny, with a view to reducing the generation of WEEE at source? SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, good morning. I have to thank Mr CHAN Hak-kan for his question. As a consumption-oriented society, Hong Kong generates a significant amount of WEEE annually, which are still useful and with economic value. Moreover, the recycling value of WEEE is higher than that of other recyclable items; the treatment process could open up business opportunities. Last year, 4122 LEGISLATIVE COUNCIL ─ 5 January 2011 the Environment Bureau conducted a consultation on implementing proper management of WEEE through the introduction of the mandatory PRS and actively planned to include WEEE in the PRS. One of the key objectives of the PRS is to arrange for local treatment of WEEE, as against the current export-dependant situation. Our reply to the three parts of Mr CHAN's question is as follows: (a) The amount of WEEE generated, disposed of and recycled in Hong Kong between 2007 and 2009 is tabulated below: Generated Disposed Recycled ('000 tonnes) ('000 tonnes) ('000 tonnes) 2007 70.1 11.1 59.0 2008 71.4 12.6 58.8 2009 72.0 7.7 64.3 As shown in the statistics, some 80% to 90% of WEEE now generated in Hong Kong is recycled, eventually leaving only a small amount being disposed of at landfills. The majority of WEEE recycled is shipped to developing countries for re-use and recovery. Products and recyclables involved are mainly television sets, refrigerators, waste plastic and waste metals. As to the export statistics, we do not have breakdown figures for individual export destinations. So, pardon me for failing to provide such figures. (b) In accordance with Article 35 of the Regulations promulgated by the State Council, the Regulations shall commence operation on 1 January 2011. With the key objective of introducing controls through a PRS, the Regulations cover mainly matters relating to the collection, recovery and disposal of WEEE within Mainland China. In addition, Mainland China has banned the import of WEEE for some years in order to stop the pollution problems arising from the influx of waste from the outside. Under Article 9 of the Regulations, WEEE that are prohibited from import by the State shall not be imported. This time, the aforesaid provision reaffirms the established import ban. But as indicated in the consultation LEGISLATIVE COUNCIL ─ 5 January 2011 4123 document on the PRS on WEEE that we published last year, the demand for second-hand products from other places in the world is expected to drop gradually; the import control on WEEE might also be progressively tightened internationally. We have therefore proposed to develop local treatment facilities by which we could avoid the bulk of WEEE being disposed of at landfills.