LEGISLATIVE COUNCIL ─ 1 December 1999 1677 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 1 December 1999 The Council met at half-past Two o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN, G.B.S., J.P. THE HONOURABLE KENNETH TING WOO-SHOU, J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, J.P. THE HONOURABLE DAVID CHU YU-LIN THE HONOURABLE HO SAI-CHU, S.B.S., J.P. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE EDWARD HO SING-TIN, S.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE MICHAEL HO MUN-KA IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P. THE HONOURABLE LEE WING-TAT THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. 1678 LEGISLATIVE COUNCIL ─ 1 December 1999 THE HONOURABLE ERIC LI KA-CHEUNG, J.P. THE HONOURABLE LEE KAI-MING, S.B.S., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, J.P. THE HONOURABLE FRED LI WAH-MING, J.P. THE HONOURABLE NG LEUNG-SING PROF THE HONOURABLE NG CHING-FAI THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, J.P. THE HONOURABLE RONALD ARCULLI, J.P. THE HONOURABLE MA FUNG-KWOK THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE AMBROSE CHEUNG WING-SUM, J.P. THE HONOURABLE HUI CHEUNG-CHING THE HONOURABLE CHRISTINE LOH THE HONOURABLE CHAN KWOK-KEUNG THE HONOURABLE CHAN YUEN-HAN THE HONOURABLE BERNARD CHAN THE HONOURABLE CHAN WING-CHAN LEGISLATIVE COUNCIL ─ 1 December 1999 1679 THE HONOURABLE CHAN KAM-LAM THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE GARY CHENG KAI-NAM, J.P. THE HONOURABLE SIN CHUNG-KAI THE HONOURABLE ANDREW WONG WANG-FAT, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG THE HONOURABLE WONG YUNG-KAN THE HONOURABLE JASPER TSANG YOK-SING, J.P. THE HONOURABLE HOWARD YOUNG, J.P. DR THE HONOURABLE YEUNG SUM THE HONOURABLE YEUNG YIU-CHUNG THE HONOURABLE LAU CHIN-SHEK, J.P. THE HONOURABLE LAU KONG-WAH THE HONOURABLE LAU WONG-FAT, G.B.S., J.P. THE HONOURABLE MRS MIRIAM LAU KIN-YEE, J.P. THE HONOURABLE AMBROSE LAU HON-CHUEN, J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE CHOY SO-YUK 1680 LEGISLATIVE COUNCIL ─ 1 December 1999 THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE SZETO WAH THE HONOURABLE TIMOTHY FOK TSUN-TING, S.B.S., J.P. THE HONOURABLE LAW CHI-KWONG, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE FUNG CHI-KIN DR THE HONOURABLE TANG SIU-TONG, J.P. MEMBERS ABSENT: DR THE HONOURABLE LUI MING-WAH, J.P. DR THE HONOURABLE LEONG CHE-HUNG, J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS ANSON CHAN, G.B.M., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE DONALD TSANG YAM-KUEN, J.P. THE FINANCIAL SECRETARY MR MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS MR DOMINIC WONG SHING-WAH, J.P. SECRETARY FOR HOUSING MR RAFAEL HUI SI-YAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES LEGISLATIVE COUNCIL ─ 1 December 1999 1681 MR JOSEPH WONG WING-PING, G.B.S., J.P. SECRETARY FOR EDUCATION AND MANPOWER MR STEPHEN IP SHU-KWAN, J.P. SECRETARY FOR ECONOMIC SERVICES MR DAVID LAN HONG-TSUNG, J.P. SECRETARY FOR HOME AFFAIRS DR YEOH ENG-KIONG, J.P. SECRETARY FOR HEALTH AND WELFARE MRS REGINA IP LAU SUK-YEE, J.P. SECRETARY FOR SECURITY MR LEE SHING-SEE, J.P. SECRETARY FOR WORKS MRS LILY YAM KWAN PUI-YING HEAD, TASK FORCE ON REORGANISATION OF MUNICIPAL SERVICES CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL 1682 LEGISLATIVE COUNCIL ─ 1 December 1999 TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation L.N. No. Road Traffic (Traffic Control) (Amendment) Regulation 1999............................................. 291/99 Designation of Museums (Amendment) (No. 3) Order 1999................................................... 292/99 Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) (No. 6) Order 1999 .................... 293/99 Declaration of Markets in the Urban Council Area (Amendment) (No. 4) Declaration 1999 ................ 294/99 Fisheries Protection (Specification of Apparatus) Notice.... 295/99 Provident Fund Schemes Legislation (Amendment) Ordinance 1998 (4 of 1998) (Commencement) (No. 2) Notice 1999........................................ 296/99 Other Papers No. 39 ─ Hong Kong Sports Development Board Annual Report 1998-99 Report of the Bills Committee on Protection of Wages on Insolvency (Amendment) Bill 1999 Report of the Bills Committee on Provision of Municipal Services (Reorganization) Bill LEGISLATIVE COUNCIL ─ 1 December 1999 1683 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Sea Pollution Caused by Sunken Vessels 1. MR WONG YUNG-KAN (in Cantonese): Madam President, in view of the recent incidents in which river trade vessels from the Mainland sank in Hong Kong waters and caused sea pollution, will the Government inform this Council of: (a) the existing legislation governing the activities of this type of vessels in Hong Kong waters; (b) the number of incidents in which this type of vessels sank in Hong Kong waters in the past three years; and the measures to reduce such incidents; and (c) the respective numbers of prosecutions and convictions in the past three years against the owners of sunken vessels which caused sea pollution? SECRETARY FOR ECONOMIC SERVICES (in Cantonese): Madam President, (a) All vessels which operate in Hong Kong, be they local vessels, ocean-going vessels or river trade vessels from the Mainland are subject to control under the Shipping and Port Control Ordinance and its subsidiary legislation. The Ordinance sets out the provisions that all vessels operating in Hong Kong waters have to comply with, including the arrival and departure procedures for vessels, loading/unloading arrangements, speed limit and navigation safety requirements. (b) In the past three years, the number of accidents involving river trade vessels from the Mainland sinking in Hong Kong waters are as follows: 1684 LEGISLATIVE COUNCIL ─ 1 December 1999 1997 1 case 1998 9 cases 1999 (January to November) 17 cases We have conducted an analysis of the 17 accidents that occurred in 1999 and found that seven of them were related to adverse weather while the remaining ones were caused mainly by mechanical failure of vessels and ship masters. The Administration has taken the following measures to reduce accidents involving river trade vessels in Hong Kong waters: (i) improving the statutory framework for regulating local vessels To improve the safety, control and regulation of local vessels, the Merchant Shipping (Local Vessels) Bill introduced into this Council in March was subsequently enacted in July this year. The new Merchant Shipping (Local Vessels) Ordinance seeks to improve the regulatory framework of local vessels by simplifying the classification of vessels; strengthening the regulation of the stowage and securing of cargoes on board; more transparent safety survey standards; and extension of compulsory third party insurance to all local vessels operating in Hong Kong waters including licensed river trade vessels. This new regulatory regime will enhance the regulation of local vessels in Hong Kong waters. We are drafting the relevant subsidiary legislation which will be put before this Council as early as possible. (ii) Strengthening ties with marine authorities of the Mainland The Director of Marine and his colleagues frequently hold meetings with the officials of the Mainland's marine authorities to discuss matters of mutual concern. In recent meetings, we have conveyed our analysis of the ship sinking accidents to the mainland side. In addition, we have raised for discussion the need to tighten up the monitoring of vessel maintenance and enhancement of crew training. LEGISLATIVE COUNCIL ─ 1 December 1999 1685 (iii) Increase the capability of monitoring of river trade vessels in Hong Kong waters The Marine Department is taking steps to establish a new river trade vessel control centre to streamline the procedures for processing the entry and exit of river trade vessels. If necessary, the control centre will impose specific requirements and assign routes for river trade vessels during their operations in Hong Kong waters. The control centre will also stipulate navigation safety requirements to strengthen the monitoring and control of river trade vessels operating in Hong Kong waters. The control centre is expected to come into operation next year. In addition, we are planning to introduce an automatic vessel identification system to strengthen our monitoring functions on vessel navigation. The new system is expected to come into service in 2002. In addition, the Kwai Chung marine traffic control station that came into operation last month has helped to improve marine traffic control in the Kwai Chung area. (iv) Step up patrol In the first 11 months in 1999, we have carried out some 74 000 hours of harbour patrol, representing an increase of 34% compared with the same period in 1998. (v) Enhance education and promotion To familiarize operators of river trade vessels with the latest port regulations and development, Marine Department organizes seminars in the mainland ports and Hong Kong. In the first 11 months of 1999, we have held nine such seminars with attendance of over 1 000 persons. (c) In the last three years there has not been any prosecution against owners of sunken river trade vessels which caused sea pollution. However, we have conducted nearly 6 000 inspections on board these vessels and initiated more than 500 prosecutions for offences other than causing sea pollution during the last three years.