LEGISLATIVE COUNCIL ─ 12 February 2003 3309 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 12 February 2003 The Council met at half-past Two o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.S., J.P. THE HONOURABLE KENNETH TING WOO-SHOU, J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. DR THE HONOURABLE DAVID CHU YU-LIN, J.P. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. THE HONOURABLE ERIC LI KA-CHEUNG, 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, J.P. 3310 LEGISLATIVE COUNCIL ─ 12 February 2003 THE HONOURABLE NG LEUNG-SING, 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 HUI CHEUNG-CHING, J.P. THE HONOURABLE CHAN KWOK-KEUNG THE HONOURABLE CHAN YUEN-HAN, J.P. THE HONOURABLE BERNARD CHAN, J.P. THE HONOURABLE CHAN KAM-LAM, 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 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, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, J.P. DR THE HONOURABLE YEUNG SUM THE HONOURABLE YEUNG YIU-CHUNG, B.B.S. LEGISLATIVE COUNCIL ─ 12 February 2003 3311 THE HONOURABLE LAU CHIN-SHEK, J.P. THE HONOURABLE LAU KONG-WAH THE HONOURABLE LAU WONG-FAT, G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, J.P. THE HONOURABLE AMBROSE LAU HON-CHUEN, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE CHOY SO-YUK THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE SZETO WAH THE HONOURABLE TIMOTHY FOK TSUN-TING, S.B.S., J.P. DR THE HONOURABLE LAW CHI-KWONG, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. DR THE HONOURABLE TANG SIU-TONG, J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, J.P. THE HONOURABLE LI FUNG-YING, J.P. THE HONOURABLE HENRY WU KING-CHEONG, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE MICHAEL MAK KWOK-FUNG THE HONOURABLE LEUNG FU-WAH, M.H., J.P. DR THE HONOURABLE LO WING-LOK 3312 LEGISLATIVE COUNCIL ─ 12 February 2003 THE HONOURABLE WONG SING-CHI THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE IP KWOK-HIM, J.P. THE HONOURABLE LAU PING-CHEUNG THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE MA FUNG-KWOK, J.P. MEMBER ABSENT: THE HONOURABLE ALBERT CHAN WAI-YIP PUBLIC OFFICERS ATTENDING: THE HONOURABLE DONALD TSANG YAM-KUEN, G.B.M., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE ANTONY LEUNG KAM-CHUNG, 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 HENRY TANG YING-YEN, G.B.S., J.P. SECRETARY FOR COMMERCE, INDUSTRY AND TECHNOLOGY THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR HOUSING, PLANNING AND LANDS PROF THE HONOURABLE ARTHUR LI KWOK-CHEUNG, G.B.S., J.P. SECRETARY FOR EDUCATION AND MANPOWER LEGISLATIVE COUNCIL ─ 12 February 2003 3313 DR THE HONOURABLE YEOH ENG-KIONG, J.P. SECRETARY FOR HEALTH, WELFARE AND FOOD DR THE HONOURABLE PATRICK HO CHI-PING, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. SECRETARY FOR SECURITY THE HONOURABLE STEPHEN IP SHU-KWAN, G.B.S., J.P. SECRETARY FOR ECONOMIC DEVELOPMENT AND LABOUR DR THE HONOURABLE SARAH LIAO SAU-TUNG, J.P. SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS THE HONOURABLE FREDERICK MA SI-HANG SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY 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 3314 LEGISLATIVE COUNCIL ─ 12 February 2003 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. Practising Certificate (Special Conditions) Rules (L.N. 184 of 2002) (Commencement) Notice 2003............ 19/2003 Official Languages (Alteration of Text under Section 4D) Order 2003 .............................................. 24/2003 Tax Reserve Certificates (Rate of Interest) Notice 2003....................................................... 25/2003 Registration of Electors (Appeals) (Amendment) Regulation 2003 ........................................ 26/2003 Election Committee (Registration) (Voters For Subsectors) (Members of Election Committee) (Appeals) (Amendment) Regulation 2003....................... 27/2003 Fugitive Offenders (Sri Lanka) Order ...................... 28/2003 Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) Order 2003 .............................................. 29/2003 Trade Marks Rules............................................. 30/2003 Trade Marks Ordinance (Cap. 559) (Commencement) Notice 2003.............................................. 31/2003 Other Papers No. 56 ─ AIDS Trust Fund 2001-2002 Annual Accounts together with the Director of Audit's Report LEGISLATIVE COUNCIL ─ 12 February 2003 3315 No. 57 ─ Report of changes to the approved Estimates of Expenditure approved during the second quarter of 2002- 03 (Public Finance Ordinance : Section 8) No. 58 ─ Annual Report 2001-2002, including Statement of Accounts and Auditor's Report, of the Hospital Authority No. 59 ─ Report and Statement of Accounts of the Samaritan Fund, together with the Director of Audit's Report, for the year ended 31 March 2002 Report of the Bills Committee on Village Representative Election Bill ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Members, this is the first meeting of this Council in the Year of the Goat. I wish everyone of you good health and every success in your work. Questions. First question. Wages and Remuneration for Workers of Government Service Contractors 1. MS LI FUNG-YING (in Cantonese): Madam President, it has been reported that the contractors of outsourced government services are paying low wages to the workers concerned and not providing them with statutory rest days. In this connection, will the Government inform this Council: (a) of the services outsourced by various government departments in the past two years, whether it knows the number of workers employed by the contractors for these services, and the highest, lowest and median monthly wages of these employees during the period, together with a breakdown by the types of jobs; (b) of the respective numbers of complaints received by the departments concerned last year from these workers regarding their wages and remuneration, with a breakdown of the numbers by the nature of the complaints; and 3316 LEGISLATIVE COUNCIL ─ 12 February 2003 (c) whether any measures are in place to ensure that these employees are paid reasonable wages and provided with statutory rest days; if so, of the details; if not, the reasons for that? SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): Madam President, the Government outsources a great number and many kinds of services. With outsourcing experience gained over the years, the Government has developed a well-established mechanism to ensure that the outsourcing process fully reflects the dynamism, efficiency and flexibility of free market through open and fair competition. Such mechanism enables departments to provide services in a cost-effective manner. Since all contractors of outsourced services have to abide by local statute including the Employment Ordinance, all employees of the contractors are protected as far as rest days and other basic labour rights are concerned. The Government realizes that non-skilled workers need additional protection due to their relatively weak power in wage negotiation. The Government has therefore issued guidelines in May 2001 on the tendering of outsourced projects that involve the employment of a large number of non-skilled workers. The guidelines stipulate that a marking scheme should be adopted that takes into account both service quality and price so that contracts are not awarded merely based on price. Quality-wise, factors taken into consideration include the wage levels and working hours offered by tenderers for their workers and whether the package offered is on a par with the going market practice of similar trades and whether the service standards meet the Government's requirement. In addition, in assessing the tenders, Controlling Officers must take into account all previous violations of the Employment Ordinance. All stipulations in the tenders, particularly the terms of employment of the employees, are binding. After the contracts are awarded, all government departments that have outsourced their services should monitor whether the contractors have complied with their contractual or statutory obligations. The Government will not tolerate any breach of the law or contracts. Part (a) of the question raised by the Honourable LI Fung-ying concerns the services outsourced by various government departments in the past two years, the number of workers employed by the contractors for these services and the monthly wages of these employees. As the authority to decide on the outsourcing of services has long been devolved, Controlling Officers are not LEGISLATIVE COUNCIL ─ 12 February 2003 3317 required to submit to the Financial Services and the Treasury Bureau details of their outsourced services. The services outsourced are numerous and are of varying nature and scale, ranging from petty translation jobs to the operation and management of tunnels for road traffic. The Food and Environmental Hygiene Department (FEHD) and the Leisure and Cultural Services Department (LCSD) alone are managing more than 330 service contracts.