HONG KONG LEGISLATIVE COUNCIL — 24 March 1993 2513 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 24 March 1993 The Council met at half-past Two o'clock PRESENT THE PRESIDENT THE HONOURABLE JOHN JOSEPH SWAINE, C.B.E., LL.D., Q.C., J.P. THE CHIEF SECRETARY THE HONOURABLE SIR DAVID ROBERT FORD, K.B.E., L.V.O., J.P. THE FINANCIAL SECRETARY THE HONOURABLE NATHANIEL WILLIAM HAMISH MACLEOD, C.B.E., J.P. THE ATTORNEY GENERAL THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P. THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P. THE HONOURABLE STEPHEN CHEONG KAM-CHUEN, C.B.E., J.P. THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. THE HONOURABLE HUI YIN-FAT, O.B.E., J.P. THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P. THE HONOURABLE DAVID LI KWOK-PO, O.B.E., J.P. THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P. THE HONOURABLE PANG CHUN-HOI, M.B.E. THE HONOURABLE SZETO WAH THE HONOURABLE TAM YIU-CHUNG THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P. THE HONOURABLE LAU WONG-FAT, O.B.E., J.P. THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P. THE HONOURABLE RONALD JOSEPH ARCULLI, J.P. 2514 HONG KONG LEGISLATIVE COUNCIL — 24 March 1993 THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. THE HONOURABLE MRS PEGGY LAM, O.B.E., J.P. THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P. THE HONOURABLE LAU WAH-SUM, O.B.E., J.P. DR THE HONOURABLE LEONG CHE-HUNG, O.B.E. THE HONOURABLE JAMES DAVID McGREGOR, O.B.E., I.S.O., J.P. THE HONOURABLE MRS ELSIE TU, C.B.E. THE HONOURABLE PETER WONG HONG-YUEN, O.B.E., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE VINCENT CHENG HOI-CHUEN THE HONOURABLE MOSES CHENG MO-CHI THE HONOURABLE MARVIN CHEUNG KIN-TUNG, J.P. THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHIM PUI-CHUNG REV THE HONOURABLE FUNG CHI-WOOD THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE TIMOTHY HA WING-HO, M.B.E., J.P. THE HONOURABLE MICHAEL HO MUN-KA DR THE HONOURABLE HUANG CHEN-YA DR THE HONOURABLE LAM KUI-CHUN DR THE HONOURABLE CONRAD LAM KUI-SHING THE HONOURABLE LAU CHIN-SHEK THE HONOURABLE EMILY LAU WAI-HING THE HONOURABLE LEE WING-TAT THE HONOURABLE GILBERT LEUNG KAM-HO HONG KONG LEGISLATIVE COUNCIL — 24 March 1993 2515 THE HONOURABLE ERIC LI KA-CHEUNG, J.P. THE HONOURABLE FRED LI WAH-MING THE HONOURABLE MAN SAI-CHEONG THE HONOURABLE STEVEN POON KWOK-LIM THE HONOURABLE HENRY TANG YING-YEN, J.P. THE HONOURABLE TIK CHI-YUEN THE HONOURABLE JAMES TO KUN-SUN DR THE HONOURABLE SAMUEL WONG PING-WAI, M.B.E., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG DR THE HONOURABLE YEUNG SUM THE HONOURABLE HOWARD YOUNG, J.P. THE HONOURABLE ZACHARY WONG WAI-YIN DR THE HONOURABLE TANG SIU-TONG, J.P. THE HONOURABLE CHRISTINE LOH KUNG-WAI THE HONOURABLE ROGER LUK KOON-HOO THE HONOURABLE ANNA WU HUNG-YUK ABSENT THE HONOURABLE SIMON IP SIK-ON, J.P. IN ATTENDANCE THE CLERK TO THE LEGISLATIVE COUNCIL MR CLETUS LAU KWOK-HONG THE DEPUTY CLERK TO THE LEGISLATIVE COUNCIL MR PATRICK CHAN NIM-TAK 2516 HONG KONG LEGISLATIVE COUNCIL — 24 March 1993 Papers The following papers were laid on the table pursuant to Standing Order 14(2): Subject Subsidiary Legislation L.N. No. Securities and Futures Commission (Fees) (Amendment) (No. 2) Rules 1993 ........................................................... 76/93 Securities and Futures Commission (Levy) (Securities) (Amendment) Order 1993 .................................................... 77/93 Securities and Futures Commission (Levy) (Futures Contracts) (Amendment) Order 1993........................................ 78/93 Hawker (Regional Council) (Amendment) Bylaw 1993 ............................................................................................. 81/93 Banking Ordinance (Amendment of Third Schedule) Notice 1993 ............................................................................................. 82/93 Widows and Orphans Pension Ordinance (Cap. 94) (Day Appointed under Section 15A(1)(a)) Notice.................................................................................... 83/93 Specification of Public Office......................................................................... 84/93 Exchange Fund (Amendment) Ordinance 1992 (82 of 1992) (Commencement) Notice 1993 ........................................... 85/93 Parent and Child Ordinance (17 of 1993) (Commencement) Notice 1993................................................................ 86/93 Smoking (Public Health) (Notices) (Amendment) (No. 2) Order 1992 (L.N. 413 of 1992) (Commencement) Notice 1993................................................................ 87/93 Written answers to questions Housing for divorced women 1. MISS EMILY LAU asked (in Chinese): There are complaints lodged by women organizations that many women who are involved in divorce actions or are divorced from their husbands are not offered appropriate assistance by the HONG KONG LEGISLATIVE COUNCIL — 24 March 1993 2517 Administration despite their urgent need for housing. Will the Government inform this Council: (a) what assistance and arrangements are available under the existing policy to help those women who are living with their children and are in need of housing; and (b) whether it will consider rendering further assistance to these women, such as including them as a group which requires special care in compassionate rehousing? SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, under the compassionate housing policy of the Housing Authority, flats are offered to divorcees or those who have filed in court a bona fide petition for divorce or have obtained legal aid in the proceedings. The applicant must also have custody of children, and the application should be recommended by the Director of Social Welfare. While an application is being processed, temporary accommodation in a refuge home centre may be arranged by the Social Welfare Department for one of the parties if necessary. The Housing Authority has recently reviewed this policy and approved its modification to provide more help to those in genuine need. These changes include setting aside an adjustable sub-quota within the compassionate rehousing quota; raising the income eligibility limit from the Public Assistance to the General Waiting List level; allowing a divorcee and his or her children to be added to the tenancy of parents already in public housing; accepting recommendations on such cases by approved non-government organizations; and ensuring that applications are processed within three months as far as practicable. Anti-smoking measures 2. MR HOWARD YOUNG asked: In view of scientific evidence that smoking harms smokers as well as second-hand smokers, will the Government inform this Council: (a) whether it will strengthen its efforts in educating the public, particularly the youth, about the harmful effects of smoking, and informing them of the provisions in the Smoking (Public Health) Ordinance concerning the penalties for smoking in designated areas; and (b) what measures it has taken to ensure strict enforcement against smoking in designated areas, and whether any guidelines have been issued for the purpose? 2518 HONG KONG LEGISLATIVE COUNCIL — 24 March 1993 SECRETARY FOR HEALTH AND WELFARE: Mr President, to strengthen efforts in educating the public about the harmful effects of smoking, the Hong Kong Council on Smoking and Health (COSH) will in 1993-94 receive a subvention of $3.79 million, compared with a revised estimate of $2.81 million for 1992-93. This represents an increase of nearly 35%. Of this sum, $1.6 million will be spent on publicity and public education, double the amount for 1992-93. Emphasis will be placed particularly on messages to young people in order to discourage them from starting the habit. An anti-smoking teaching kit will be produced for distribution to schools and a number of youth activities will be arranged throughout the year. An anti-smoking youth rally was held only last week with participation and support from hundreds of students. COSH has sent letters to 500 secondary schools and this academic year has arranged to give talks to 92 schools, covering about 100 000 secondary students. COSH's aim is to complete visits to all 500 schools within the next 18 months. The public's attention will also be drawn to the penalties for smoking in designated non-smoking areas. An announcement of public interest (API) on television presently does this. Enforcement against smoking in designated non-smoking areas is primarily the responsibility of the managements of these areas, although they may call on the police for assistance if required. Under the Smoking (Public Health) Ordinance, managements have the power to require smokers in a designated non-smoking area to desist. If they fail to do so, managements may require the offender to leave and to give his personal particulars for the purposes of initiating prosecution against him. Again, where the offender refuses, the management may remove him, detain him and call for police assistance in enforcement. Managements have been informed individually, in writing, of the enforcement arrangements and of their powers under the Ordinance. Feedback indicates that the powers given to managements are adequate for the purpose and it is seldom necessary to resort to police intervention or prosecution. Fringe operators of foreign exchange 3. MR JAMES TO asked (in Chinese): As the Administration is devising a legal framework for the regulation of local fringe operators of foreign exchange, will the Government inform this Council: (a) when the relevant legislation will be introduced into this Council for consideration; and HONG