LEGISLATIVE COUNCIL ─ 19 October 2005 85 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 19 October 2005 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, 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.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.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, S.B.S., J.P. THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN YUEN-HAN, J.P. 86 LEGISLATIVE COUNCIL ─ 19 October 2005 THE HONOURABLE BERNARD CHAN, J.P. THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, J.P. THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, S.B.S., J.P. DR THE HONOURABLE YEUNG SUM 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 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, J.P. THE HONOURABLE LI FUNG-YING, B.B.S., J.P. LEGISLATIVE COUNCIL ─ 19 October 2005 87 THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE FREDERICK FUNG KIN-KEE, 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 THE HONOURABLE LI KWOK-YING, M.H. DR THE HONOURABLE JOSEPH LEE KOK-LONG THE HONOURABLE DANIEL LAM WAI-KEUNG, B.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE MA LIK, G.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 DR THE HONOURABLE KWOK KA-KI DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG 88 LEGISLATIVE COUNCIL ─ 19 October 2005 THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE ALBERT JINGHAN CHENG THE HONOURABLE KWONG CHI-KIN THE HONOURABLE TAM HEUNG-MAN MEMBERS ABSENT: THE HONOURABLE LAU CHIN-SHEK, J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. PUBLIC OFFICERS ATTENDING: THE HONOURABLE RAFAEL HUI SI-YAN, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE HENRY TANG YING-YEN, G.B.S., J.P. THE FINANCIAL SECRETARY THE HONOURABLE ELSIE LEUNG OI-SIE, G.B.M., J.P. THE SECRETARY FOR JUSTICE THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR HOUSING, PLANNING AND LANDS THE HONOURABLE JOSEPH WONG WING-PING, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE DR THE HONOURABLE PATRICK HO CHI-PING, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE STEPHEN IP SHU-KWAN, G.B.S., J.P. SECRETARY FOR ECONOMIC DEVELOPMENT AND LABOUR LEGISLATIVE COUNCIL ─ 19 October 2005 89 DR THE HONOURABLE SARAH LIAO SAU-TUNG, J.P. SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS THE HONOURABLE FREDERICK MA SI-HANG, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE STEPHEN LAM SUI-LUNG, J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS THE HONOURABLE AMBROSE LEE SIU-KWONG, I.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE JOHN TSANG CHUN-WAH, J.P. SECRETARY FOR COMMERCE, INDUSTRY AND TECHNOLOGY DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR HEALTH, WELFARE AND FOOD CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL 90 LEGISLATIVE COUNCIL ─ 19 October 2005 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 Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 2005........ 165/2005 Construction Workers Registration (Fees) Regulation ... 166/2005 Construction Workers Registration Ordinance (Commencement) Notice 2005 ...................... 167/2005 Barristers (Admission) (Amendment) Rules 2005......... 168/2005 Import and Export (General) Regulations (Amendment of Seventh Schedule) (Lebanon) Notice 2005 ........ 169/2005 Other Papers No. 3 ─ Environment and Conservation Fund Trustee Report 2004-2005 No. 4 ─ Annual Report of The Prince Philip Dental Hospital by its Board of Governors, and Audited Statement of Accounts and Auditor's Report for the Hospital, for the period from 1 April 2003 to 31 March 2004 No. 5 ─ Traffic Accident Victims Assistance Fund Annual Report for the year from 1 April 2004 to 31 March 2005 No. 6 ─ Annual Report 2004-05 of the Protection of Wages on Insolvency Fund Board No. 7 ─ Electrical and Mechanical Services Trading Fund Annual Report 2004/05 LEGISLATIVE COUNCIL ─ 19 October 2005 91 No. 8 ─ The Legislative Council Commission Annual Report 2004-2005 No. 9 ─ Report of changes to the approved Estimates of Expenditure approved during the first quarter of 2005-06 (Public Finance Ordinance : Section 8) No. 10 ─ The Land Registry Trading Fund Hong Kong Annual Report 2004-2005 No. 11 ─ Report by the Trustee of the Prisoners' Education Trust Fund for the period from 1 April 2004 to 31 March 2005 No. 12 ─ Companies Registry Trading Fund Annual Report for the period from 1 April 2004 to 31 March 2005 No. 13 ─ Construction Workers Registration Authority Annual Report 2004/05 Report of the Subcommittee to Study Tate's Cairn Tunnel Ordinance (Replacement of Schedule) Notice 2005 and Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Replacement of Schedule 1) Notice 2005 ADDRESSES PRESIDENT (in Cantonese): Address. Mr LAU Kong-wah will address the Council on the "Report of the Subcommittee to Study Tate's Cairn Tunnel Ordinance (Replacement of Schedule) Notice 2005 and Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Replacement of Schedule 1) Notice 2005". Report of the Subcommittee to Study Tate's Cairn Tunnel Ordinance (Replacement of Schedule) Notice 2005 and Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Replacement of Schedule 1) Notice 2005 MR LAU KONG-WAH (in Cantonese): Madam President, in my capacity as Chairman of the Subcommittee to Study Tate's Cairn Tunnel Ordinance 92 LEGISLATIVE COUNCIL ─ 19 October 2005 (Replacement of Schedule) Notice 2005 and Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Replacement of Schedule 1) Notice 2005 (the Subcommittee), I hereby table the Report. The deliberations of the Subcommittee are set out in detail in the Report and I shall highlight the deliberations of the Subcommittee. The main purpose of the two aforesaid Notices, which took effect on 1 August and 19 June respectively, is to increase the tolls of Tate's Cairn Tunnel and Route 3. Whilst recognizing that the current toll increases for Tate's Cairn Tunnel and Route 3 are in compliance with the toll adjustment mechanisms provided in the relevant ordinances, the Subcommittee queries whether the toll increases are justified, and is concerned about the impact of the toll increases on the public and traffic flow. The Subcommittee has thus examined with the Administration and the two tunnel companies the justifications for and implications of the toll increases, the ways to improve the current toll adjustment mechanisms and measures to enhance the transparency of the financial position and performance of tunnel companies. With respect to the justifications for the toll increases, given that Tate's Cairn Tunnel Company Limited and Route 3 Company (the Company) have been making profit in recent years, the Subcommittee queries whether the current toll increases are justified. With respect to traffic implications, members are concerned that the current toll increases may affect the traffic of the Lion Rock Tunnel and Tuen Mun Road, thus aggravating the traffic congestion there. In this connection, the Subcommittee considers it necessary to improve the current toll adjustment mechanisms. With respect to Tate's Cairn Tunnel, the Subcommittee expresses concern that the relevant Ordinance (Cap. 393) has not set out the criteria for determining toll adjustments by the Chief Executive in Council. With respect to Route 3, the relevant Ordinance (Cap. 474) provides that if the Actual Net Revenue (ANR) of the Company for any year, which is not a year ending immediately before a specified date referred to in Schedule 3 to Cap. 474, is less than the Minimum Estimated Net Revenue (MENR) for that year as specified in Schedule 4 to Cap. 474, the Company may advance a toll increase. Given that the Company's ANRs in recent years were less than the MENRs for the respective years as specified in Schedule 4, the Subcommittee is concerned that the Company may apply for another toll increase in the near LEGISLATIVE COUNCIL ─ 19 October 2005 93 future.