OFFICIAL RECORD OF PROCEEDINGS
ミ猭Ы穦某筁祘タΑ魁
Wednesday, 3 April 1996
せるら琍戳
The Council met at half-past Two o'clock
とだ穦某秨﹍
MEMBERS PRESENT
畊某
THE PRESIDENT
THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P.
畊独Щ祇某O.B.E., J.P.
THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P.
腜某C.B.E., J.P.
THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P.
㏄辩睶┥某O.B.E., J.P.
THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P.
琖皇某Q.C., J.P.
DR THE HONOURABLE DAVID LI KWOK-PO, O.B.E., LL.D. (CANTAB), J.P.
瓣腳某O.B.E., LL.D. (CANTAB), J.P.
THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P.
ぶ城某O.B.E., J.P.
THE HONOURABLE SZETO WAH
畕地某
THE HONOURABLE LAU WONG-FAT, O.B.E., J.P.
糂祇某O.B.E., J.P.
THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P.
︙┯ぱ某O.B.E., J.P.
THE HONOURABLE RONALD JOSEPH ARCULLI, O.B.E., J.P.
甃ㄎ瞶某O.B.E., J.P.
THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P.
糂胺祸某O.B.E., J.P.
DR THE HONOURABLE EDWARD LEONG CHE-HUNG, O.B.E., J.P.
辩醇翬某O.B.E., J.P.
THE HONOURABLE ALBERT CHAN WAI-YIP
朝岸穨某
THE HONOURABLE CHEUNG MAN-KWONG
眎ゅ某
THE HONOURABLE CHIM PUI-CHUNG
糕蚌┚某
THE HONOURABLE FREDERICK FUNG KIN-KEE
毒浪膀某
THE HONOURABLE MICHAEL HO MUN-KA
︙庇古某
DR THE HONOURABLE HUANG CHEN-YA, M.B.E.
独綺笽某M.B.E.
THE HONOURABLE EMILY LAU WAI-HING
糂紌某
THE HONOURABLE LEE WING-TAT
ッ笷某
THE HONOURABLE ERIC LI KA-CHEUNG, J.P.
產不某J.P.
THE HONOURABLE FRED LI WAH-MING
地某
THE HONOURABLE HENRY TANG YING-YEN, J.P.
璣某J.P.
THE HONOURABLE JAMES TO KUN-SUN
襖略ビ某
DR THE HONOURABLE SAMUEL WONG PING-WAI, M.B.E., F.Eng., J.P.
独篿某M.B.E., F.Eng., J.P.
DR THE HONOURABLE YEUNG SUM
法此某
THE HONOURABLE HOWARD YOUNG, J.P.
法У地某J.P.
THE HONOURABLE ZACHARY WONG WAI-YIN
独岸藉某
THE HONOURABLE CHRISTINE LOH KUNG-WAI
嘲糠某
THE HONOURABLE JAMES TIEN PEI-CHUN, O.B.E., J.P.
バ玊某O.B.E., J.P.
THE HONOURABLE LEE CHEUK-YAN
某
THE HONOURABLE CHAN KAM-LAM
朝挪狶某
THE HONOURABLE CHAN WING-CHAN
朝篴篱某
THE HONOURABLE CHAN YUEN-HAN
朝胞糭某
THE HONOURABLE ANDREW CHENG KAR-FOO
綠產碔某
THE HONOURABLE PAUL CHENG MING-FUN
綠癡某
THE HONOURABLE CHENG YIU-TONG
綠模磁某
THE HONOURABLE CHEUNG HON-CHUNG
眎簙┚某
THE HONOURABLE CHOY KAN-PUI, J.P.
讲蚌某J.P.
THE HONOURABLE DAVID CHU YU-LIN
Χギ棚某
THE HONOURABLE ALBERT HO CHUN-YAN
︙玊く某
THE HONOURABLE IP KWOK-HIM
腑瓣辆某
THE HONOURABLE LAU CHIN-SHEK
糂ホ某
THE HONOURABLE AMBROSE LAU HON-CHUEN, J.P.
糂簙煌某J.P.
DR THE HONOURABLE LAW CHEUNG-KWOK
霉不瓣某
THE HONOURABLE LAW CHI-KWONG
霉璓某
THE HONOURABLE LEE KAI-MING
币某
THE HONOURABLE LEUNG YIU-CHUNG
辩模┚某
THE HONOURABLE BRUCE LIU SING-LEE
郭Θ某
THE HONOURABLE LO SUK-CHING
霉睲某
THE HONOURABLE MOK YING-FAN
馋莱某
THE HONOURABLE MARGARET NG
艷祸某
THE HONOURABLE NGAN KAM-CHUEN
肅繟某
THE HONOURABLE SIN CHUNG-KAI
虫ヲ昂某
THE HONOURABLE TSANG KIN-SHING
纯胺Θ某
DR THE HONOURABLE JOHN TSE WING-LING
谅ッ闹某
THE HONOURABLE MRS ELIZABETH WONG CHIEN CHI-LIEN, C.B.E., I.S.O., J.P.
独窥ㄤ军某C.B.E., I.S.O., J.P.
THE HONOURABLE LAWRENCE YUM SIN-LING
ヴ到圭某
MEMBERS ABSENT
畊某
DR THE HONOURABLE PHILIP WONG YU-HONG
独﹜グ某
DR THE HONOURABLE ANTHONY CHEUNG BING-LEUNG
眎▆某
PUBLIE OFFICERS ATTENDING
畊そ戮
THE HONOURABLE MRS ANSON CHAN, C.B.E., J.P.
CHIEF SECRETARY
︽現Ы某ガ現朝よネC.B.E., J.P.
THE HONOURABLE DONALD TSANG YAM-KUEN, O.B.E., J.P.
FINANCIAL SECRETARY
︽現Ы某癩現纯疆舦ネO.B.E., J.P.
THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P.
ATTORNEY GENERAL
︽現Ы某現皑碔到ネC.M.G., J.P.
MR CHAU TAK-HAY, C.B.E., J.P.
SECRETARY FOR RECREATION AND CULTURE
ゅ眃約冀㏄紈撼ネC.B.E., J.P.
MR HAIDER HATIM TYEBJEE BARMA, I.S.O., J.P.
SECRETARY FOR TRANSPORT
笲块纉ゅネI.S.O., J.P.
MR GORDON SIU KWING-CHUE, J.P.
SECRETARY FOR ECONOMIC SERVICES
竒蕾拷琖ネJ.P.
MR DOMINIC WONG SHING-WAH, O.B.E., J.P.
SECRETARY FOR HOUSING
┬独琍地ネO.B.E., J.P.
MRS KATHERINE FOK LO SHIU-CHING, O.B.E., J.P.
SECRETARY FOR HEALTH AND WELFARE
徖ネ褐繬霉璼O.B.E., J.P.
MR RAFAEL HUI SI-YAN, J.P.
SECRETARY FOR FINANCIAL SERVICES
癩竒ㄆ叭砛くネJ.P.
MR JOSEPH WONG WING-PING, J.P.
SECRETARY FOR EDUCATION AND MANPOWER
毙▅参膚ッキネJ.P.
MR PETER LAI HING-LING, J.P.
SECRETARY FOR SECURITY
玂兢紋圭ネJ.P.
MISS DENISE YUE CHUNG-YEE, J.P.
SECRETARY FOR TRADE AND INDUSTRY
坝玕﹙┥J.P.
MR BOWEN LEUNG PO-WING, J.P.
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS
砏购吏挂現辩腳篴ネJ.P.
MR LAM WOON-KWONG, J.P.
SECRETARY FOR THE CIVIL SERVICE
そ叭ㄆ叭狶坟ネJ.P.
MR KWONG KI-CHI, J.P.
SECRETARY FOR THE TREASURY
畐叭馣ㄤвネJ.P.
CLERKS IN ATTENDANCE
畊
MR LAW KAM-SANG, DEPUTY SECRETARY GENERAL
捌霉繟ネネ
MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL
瞶朝窜璟ネ
PAPERS
The following papers were laid on the table pursuant to Standing Order 14(2):
Subject
Subsidiary Legislation L.N. No.
Land Registration Fees (Amendment) Regulation 1995
(Amendment) (No. 2) Regulation 1996 145/96
Probation of Offenders (Approved Institution)
(Consolidation) (Amendment) Order 1996 146/96
Solicitors (General) Costs (Amendment) Rules 1996 147/96
Solicitors (Trade Marks and Patents) Costs
(Amendment) Rules 1996 148/96
Declaration of Change of Titles (Civil Service
Training Centre and Senior Staff Course
Centre) Notice 1996 149/96
Declaration of Change of Title (Director, Senior
Staff Course Centre) Notice 1996 150/96
Pneumoconiosis (Compensation) (Amendment)
Ordinance 1996 (4 of 1996) (Commencement)
Notice 1996 151/96
Official Languages (Authentic Chinese Text)
(Metrication Ordinance) Order (C) 27/96
Official Languages (Authentic Chinese Text)
(Post Office Ordinance) Order (C) 28/96
ゅン
ゅン沮盽砏材14(2)兵砏﹚τ矗ユ穦某畊凝
兜ヘ
妮猭ㄒ 猭そ絪腹
1995爹禣ノ璹砏ㄒ
1996璹材2腹砏ㄒ 145/96
1996竜デ稰て皘
侯璹 146/96
1996畍狝叭Μ禣
璹砏玥 147/96
1996畍坝夹の盡舦
狝叭Μ禣璹砏玥 148/96
1996ガэ嘿そ叭癡絤矪の
蔼そ叭揭祘いみそ 149/96
1996ガэ戮晃
蔼そ叭揭祘いみ羆菏そ 150/96
1996剐甁↖痜干纕璹兵ㄒ
(1996材4腹
1996ネら戳そ 151/96
猭﹚粂ゅいゅ痷絋セ
秈兵ㄒ (C) 27/96
猭﹚粂ゅいゅ痷絋セ
秎現竝兵ㄒ (C)28/96
Sessional Papers 1995-96
No. 70 Estimates for the year ending 31 March 1997
General Revenue Account Summaries Revenue by
Heads and Subheads
No. 71 Traffic Accident Victims Assistance Fund
Annual Report by the Director of
Social Welfare Incorporated for the year from
1 April 1994 to 31 March 1995
No. 72 Consumer Council
Annual Report 1994-1995
No. 73 Securities and Futures Commission
Approved Estimates of Income and Expenditure for
Financial Year 1996-97
き︓せ穦戳ず矗ゅン
材70腹 篒︓るらゎ赣癩現箇衡
現┎Μ眀ヘ
羆ヘのだヘ冈薄Μ篕璶
材71腹 パ穦褐竝竝猭刮絪级ユ硄種端穿膀
︓き厨
材72腹 禣〆穦
1994 - 1995厨
材73腹 靡ㄩの戳砯ㄆ叭菏诡〆穦
1996-97癩現Μや箇衡
WRITTEN ANSWERS TO QUESTIONS
Cross-border Infrastructure Proposals
1. 肅繟某拜約狥﹛耕Ν玡ガ盢翠ㄤ砏购絛瞅ず︑︽秨﹍砏べ痌爵㎝瞏翠阁爵礛τ現┎﹟ゼそガΤ闽瞏翠﹁场硄笵穝バ︓盺矰︓じのべ痌爵癸穝﹁祇甶Τ︙紇臫╯挡狦Τǎの現┎セЫ
(a) 碞砍べ痌爵㎝瞏翠阁爵ㄆ竑翠蛮よタΑ措笵膀秸〆穦坝秈甶︙の
(b) 現┎Τ︙縩伐惫琁玃秈竑翠蛮よ碞膀皌拜肈眏肪硄
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, major cross-border infrastructure proposals, including the Lingdingyang Bridge and the Shenzhen Western Corridor, which would link Hong Kong with Zhuhai and Shenzhen respectively, are being discussed in the Infrastructure Co-ordinating Committee (ICC). The ICC is a forum for exchange of views and information and for seeking to reach a common view on co-ordination and interface in respect of such major projects.
In respect of the Lingdingyang Bridge and the Shenzhen Western Corridor, good progress had been made in the ICC. The two sides have visited the relevant sites in Zhuhai, Shenzhen and Hong Kong and have had useful exchanges of views and information. The two sides have agreed that in view of the economic development of Hong Kong, Guangdong and the whole of China and from the perspective of long term development, there is a need to develop additional cross-border transport capacity. The two sides have further agreed that Hong Kong should conduct a study on the two proposals' impact on Hong Kong's environment, transport infrastructure and land use planning. The study will be completed in the middle of this year. The findings of the study will hopefully provide the necessary information for us to assess in detail the viability and feasibility of implementing these proposals.
The establishment of the ICC in December 1994 is a major and significant measure taken by both sides to strengthen communication between Hong Kong and China in respect of co-ordination in cross-border infrastructure development. Both sides have taken this valuable opportunity to establish good working relationships with each other. Channels of communication and foundations for co-operation and co-ordination have now been well established. We will continue to support the ICC and work closely with the Chinese side in a positive manner.
Unidentified Gases hitting Residential Areas and Schools
2. ヴ到圭某拜現┎セЫ
(a) 程ぃ砰獻脓チ﹡㎝厩だΤぶ﹙硂ㄇㄇ跋祇ネ
(b) 竒秸琩琌絋﹚砰ㄓ方の贺摸璝礛ㄤㄓ方の贺摸︙癸砰琌Τ甡の
(c) 琌Τì镑祸竟贝代ぃ砰ぇノス祇瞷ぃ砰現┎穦蹦︙贺莱跑惫琁莱
SECRETARY FOR SECURITY: Mr President,
(a) The number of reported cases of unidentified gas affecting residential areas and schools during the period from 1 January 1993 to 27 March 1996 are shown in Table 1 below.
Table 1: Reports of unidentified gas
Residential areas School
Hong Kong 228 5
Kowloon 835 10
New Territories 535 38
------- -----
1 598 53
(b) The result of our findings after investigation are shown in Tables 2 to 6 below.
Table 2: Cases being reported with good intent but where no gas was identified
Residential areas School
Hong Kong 145 2
Kowloon 652 8
New Territories 329 30
-------- -----
1 126 40
Table 3: Cases of incident with gas being identified to be town gas/synthetic natural gas
Residential areas School
Hong Kong 56 2
Kowloon 145 1
New Territories 138 4
------ --
339 7
Table 4: Cases with gas identified to be liquefied petroleum gas
Residential areas School
Hong Kong 20 0
Kowloon 31 0
New Territories 56 2
----- ---
107 2
The sources of leakage of cases listed in Tables 3 and 4 included underground gas mains, above-ground gas risers and domestic gas appliances.
Table 5: Cases with other gases identified
Residential areas School
Hong Kong 5 1
Kowloon 2 0
New Territories 2 1
-- --
9 2
The details of these incidents are given at Annex A.
Table 6: Cases where the source or type of gas was unidentified
Residential areas School
Hong Kong 2 0
Kowloon 5 1
New Territories 10 1
--- --
17 2
Except for cases classified under Table 2, the gases detected in these incidents could be regarded as harmful when they reach a significant concentration within a confined area.
(c) We have sufficient equipment to detect gases commonly found and used in Hong Kong. The Fire Services Department has contingency plans to deal with gas leakage incidents. These plans have been developed in consultation with concerned parties including the police, the Mass Transit Railway Corporation, the Kowloon-Canton Railway Corporation, Environmental Protection Department and the Government Chemist. The contingency measures involve:
(i) cordoning off the affected area and its nearby vicinity,
(ii) evacuating all people in the affected area and the vicinity;
(iii) rescuing casualties, if any, and conveying them to hospital for immediate medical treatment;
(iv) locating the source of discharge and identifying the type of gas; and
(v) with the assistance of the utilities companies or the advice of other government authorities, stopping the discharge of gas by cutting off the supply or sealing up the gas container and removing it for proper disposal.
Annex A
Year
locationResidential areasSchools1993Siu Lek YuenPetrol vapour issuing from a goods vehicle
1994Wan ChaiPetrol vapour issuing from a petrol filling station
1994PokfulamLeakage of acetylene from an acetylene cylinder
1994Sheung WanFumes issuing from suspected hydrogen peroxide solution
1994Hung HomGas evolved during the cleaning of drainage pipe using sodium hydroxide and hydrochloric acid mixture
1994Sha TinLeakage of nitrogen from a dangerous goods tanker
1995Sheung WanFumes issuing from suspected ammonia solution
1995Wan ChaiUnpleasant smell issuing from a putrefied body
1995Shun LeeUnpleasant smell issuing from rubbish chamber
1996Tsing Yi IslandVapour issuing from an underground fuel tank during replenishment process
Categories of Land in the New Territories
3. 糂祇某拜砏购吏挂現セるせらミ猭Ы穦某畊氮滦セ┮矗Τ闽穝摸借高ボ穝璓だㄢ摸侣у琿の穝у琿礛τ沮い璣羛羘ン┮更埃侣у琿穝临Τ秏㎝摸笰碞現┎セЫ穝┮Τ摸︙の瓃摸﹚竡㎝だ︙
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, land lots in the New Territories, as explained in my reply on 6 March 1996, can be classified into two broad categories, namely, old schedule lots and new grant lots, based on the time they were granted. Old schedule lots can be further classified as "building" or "agricultural" land whereas new grant lots can be subdivided into pre-war new grant lots and post-war new grant lots.
The lots in the New Territories can, however, be categorised in a different way depending on the purpose for and the context within which such categorisation is required. With regard to Annex III to the Sino-British Joint Declaration, the rent payable to the Government for old schedule lots, village lots, small houses and similar rural holdings will remain unchanged provided that the land in question meets the criteria set out in Annex III.
Under the New Territories Leases (Extension) Ordinance (Cap. 150), the above categories of land are explained as follows:
"old schedule lot" means land held under a block lease granted by, or on behalf of, the Governor to the persons described in the schedules to those leases;
"village lot" means land granted before the operation of the Small House Policy, for the extension or improvement of an established village;
"small house" means land held under a lease granted under the Small House Policy; and
"similar rural holding" includes land granted to an indigenous villager in place of other land previously held by him.
The Securities and Futures Commission Corporate Plan
4. 綠產碔某拜沮厨笵癩竒ㄆ叭翠羛ユ┮Τそ虏嘿"羛ユ┮"の靡ㄩの戳砯ㄆ叭菏诡〆穦虏嘿"靡菏穦"よ纯碞羛ユ┮㎝靡菏穦璸购羭︽穦某秈︽癚阶眏肪硄現┎セЫ
(a) 羛ユ┮籔靡菏穦瓃穦某いΤ笷Θヴ︙某璝Τ某ず甧︙
(b) 碞靡菏穦璸购┮17兜璸购叫硋弧靡菏穦籔羛ユ┮だ薄鶪籔à︹の
(c) ヘ玡癩竒ㄆ叭Τぶも璽砫靡ㄩㄆ叭の盢穦︙眏秸羛ユ┮籔靡菏穦
SECRETARY FOR FINANCIAL SERVICES: Mr President,
(a) Following the publication of the Securities and Futures Commission (SFC) Corporate Plan in February 1996, the Financial Services Branch has held meetings with the SFC and the Stock Exchange of Hong Kong Limited (SEHK), and the two organizations have reached broad understanding of their respective roles in the work programme outlined in the SFC Corporate Plan. Both the SFC and SEHK have reaffirmed their commitment to working jointly for the benefit of the securities and futures market.
(b) The Securities and Futures Commission has outlined under the Work Programme section of the Corporate Plan 17 items of new initiatives that will be pursued in the next three years as part and parcel of a strategy to maintain the competitive edge of the Hong Kong market, thereby enabling Hong Kong to retain the status as a leading regional market. The successful development and implementation of these initiatives will require full co-operation, co-ordination and communication between the SFC and the SEHK as well as the commitment and dedication of the people involved. As a general guideline, the SFC will be primarily responsible for the initiatives where the thrust is market regulation and the SEHK will be primarily responsible for the initiatives where the thrust is development of the stock market. For example, the SFC would take the lead in the study on the local over-the-counter derivatives market with a view to developing an appropriate regulatory regime, in further enhancing its market surveillance capabilities to deal with malpractices in the market, and in developing guidelines on internal control by market intermediaries. On the other hand, the SEHK would take the lead in the study on the feasibility of a second board, a depository receipts market or other trading facilities for regional stocks, in surveys of retail participation, and in organising industry training programmes related to the stock market. In practice, both organisations will be working jointly and closely on many of the initiatives, as market development and regulation often go hand in hand. Joint efforts are also required where cross-market issues are involved, for example in initiatives related to China in general, and to the study of the China capital and debt markets in particular, and in the development of an international promotion programme involving the key market participants.
(c) The Secretary for Financial Services is supported by one Deputy and two other officers in the Financial Services Branch in dealing with policy issues concerning the securities and futures market. The day-to-day supervision of the market is the responsibility of the SFC, the SEHK and Hong Kong Futures Exchange. There is on-going liaison and co-ordination between the Branch, the SFC and the two Exchanges. Such efforts will continue and intensify as necessary in response to the changing market environment.
Pilot Scheme to bring in Professionals from China
5. 璣某拜Τ闽块1 000い瓣盡刚喷璸购讽Ыùさу688﹙皌肂ビ叫の帽祇374帽靡癸﹟ゼノ羓皌肂Τ闽﹛纯ミ猭Ыㄆ叭〆穦羭︽穦某ボチ挂ㄆ叭矪淋叫干虫そ矗ユビ叫恶干碞現┎セЫ
(a) ΤぶΘビ叫皌肂そㄤ癶赣璸购璶︙
(b) 干虫そ琌才ビ叫戈璝礛︙の讽Ыタ矪瞶ぶ﹙パ赣单そ矗ユビ叫秈甶︙
(c) ︙矪瞶緇﹟ゼノ羓皌肂の
(d)眖钡莉皌肂ビ叫い琌眡摸い瓣盡程ㄣ称セ翠┮惠疭м㎝竒喷璝礛穦σ納秈︽セ蚌癡璝︙
SECRETARY FOR EDUCATION AND MANPOWER: Mr President, the Pilot Scheme to bring in 1 000 professionals from China is a limited extension to the existing policy on the entry of overseas professionals who possess skills, knowledge or experience of value to, but not readily available in, Hong Kong. All employers wishing to apply for quotas under the pilot scheme are required to establish and substantiate their need for a particular professional from China and each application is carefully scrutinised by the Immigration Department before deciding whether it should be approved.
There were altogether 3 129 applications for the 1 000 quotas under the Pilot Scheme. Four quarterly ballot exercises were held and the Immigration Department subsequently invited all the 1 000 applicants whose applications were drawn up to submit formal applications under the Scheme. The 2 129 applications not drawn out in the ballot exercises were put on a computer-generated reserve list. When quotas left over from formal applications which were either refused or withdrawn were available, the applicants on the reserve list would be advised, in the order of their position on the list, to submit a formal application.
In October 1995, in view of the slow utilisation rate of the quotas, the Immigration Department asked all the companies on the reserve list to confirm their interest in remaining in the Scheme. In the end, only 1 514 chose to remain on the list.
As of 20 March 1996, of these 1 514 applicants on the reserve list, 900 have been called up to submit their formal applications under the Scheme. Out of the formal applications for quotas from the total of 1 900 applicants (the original 1 000 successful companies in the four ballot exercises plus 900 from the reserve list), 712 were approved, 66 refused, 983 withdrawn, and 139 under processing. Applicants with approved quotas are normally given four months to arrange for the submission of visa applications by the candidates. Of the 712 approved quota applications, 394 visa applications have been approved so far.
My replies to the specific parts of the question are as follows:
(a) There were 983 withdrawal cases. Of these, 629 were from applicants who withdrew before or when the Immigration Department called them up for submission of formal applications. We do not know the reasons for their withdrawal. As for the remaining 354, their reasons for withdrawal are as follows:
Unable to find the suitable candidate 295
Unable to provide sufficient information pertaining to the candidate for consideration by the Immigration Department
7Changes in the recruitment policy of the company 52
Total 354
(b) All formal applications are vetted carefully to ensure that they meet the criteria and objectives of the Pilot Scheme. Of the 900 reserve list cases, 282 were approved, 13 were refused, 466 were withdrawn, and 139 are being examined by the Immigration Department.
(c) and (d)
We will continue to process applications and closely monitor the utilisation of the quotas under the Scheme. Our previous plan was to conduct a review of the Scheme when a sufficiently large number (say about 75%) of visa applications have been approved under the Scheme. However, in view of the slow utilisation rate, we plan to commence the review shortly with a view to completing it before the end of this year.
We will also seek to ascertain from the review the expertise and working experience that these professionals from China possess which Hong Kong is short of and needs most. In the light of the findings of the review, we will identify, if necessary, the need to train up local professionals.
Keeping of Pets by Public Housing Tenants
6. 朝岸穨某拜程そ恏祇ネ唉玶捆篏粿ま癬そ渤闽猔そ︘め獶猭箎緄胐拜肈碞現┎セЫ
(a) ┬〆穦籔そ︘め帽璹琌砏﹚窽ゎ︘め箎緄胐ы┪琌窽ゎ箎緄唉赣砏﹚瞶パ︙の
(b) 璝琌窽ゎ︘め箎緄┮Τ胐︙┬竝程肚琌皐癸緄︘め┬竝盢穦蹦︙贺惫琁窽ゎそ︘め箎緄ㄤ胐
SECRETARY FOR HOUSING: Mr President, the tenancy agreement signed between the Housing Authority and its tenant specifies that he is not allowed to keep pets, including dogs. The purpose is to keep the estate environment clean and quiet, and to avoid disturbing other tenants.
Public housing estate staff will tighten up enforcement action against tenants who keep pets of any kind. With effect from April 1996, only one written warning will be served on an offending tenant requiring him to dispose of the pet within 14 days, failing which his tenancy will be terminated.
Most offending cases involve dogs and some are repetitive offences. It is against this background that the Housing Department has targeted tenants who continue to keep dogs.
Participation of Civil Servants in Political Organizations
7. MRS ELIZABETH WONG asked: Will the Government inform this Council whether civil servants are allowed to join political parties; if so, whether they must declare this so as to avoid a conflict of interest arising from the execution of their official duties?
SECRETARY FOR THE CIVIL SERVICE: Mr President, with the exception of disciplined officers of the Royal Hong Kong Police Force who are prohibited from joining political organizations under the Police General Orders, all other civil servants may join political organizations in their private capacity subject to the provisions of civil service regulations governing outside work and participation in such activities as giving interviews and speeches, publishing or distributing political literature, or taking part in a public rally.
Whilst civil servants are not required to declare their membership of political organizations, they are advised that if their involvement in a political organization is likely to give rise to a conflict of interest with their official duties, they should refrain from taking part in the related activities. If they are in doubt about their obligations, they are encouraged to seek guidance since each case has to be considered on its own facts. Our guiding principle is that the Civil Service should remain politically neutral in order to ensure that Government business is, and is seen to be, conducted impartially.
Population Forecasts
8. 霉不瓣某拜現┎セЫ
(a) 挪瑈簿チのㄓ︑い瓣穝簿チ计糤現┎纯癸セ翠ゼㄓ︓20箇代碩璹の
(b) 翠糤癸現┎よ环砏购穦篶Θ或紇臫
SECRETARY FOR FINANCIAL SERVICES: Mr President,
(a) It is the practice of the Census and Statistics Department to prepare and publish projections of the size and age-sex structure of the population for a period of 20 years following each census/by-census. The current set of projections was prepared and published in 1992, following the 1991 Population Census.
A new set of population projections will be prepared in early 1997 based on the results of the 1996 Population By-census. Due consideration will be given to recent trends in the migration of the population, for example, more former emigrants returning and more one-way permit holders from China, in making the new projections.
(b) Over the past few decades, the population of Hong Kong has grown by about one million every ten years. The Government has been responding by undertaking new town, public works and public housing programmes. All these have been carried out within the long term planning framework set by the Territorial Development Strategy.
We are currently undertaking a comprehensive review of the Territorial Development Strategy. The public will be consulted on the findings of the review in mid-1996. Following a decision on the identified strategic growth areas and other proposals in the Strategy, we will carry out detailed planning and development programming to produce land and to provide facilities required to meet the needs of the community.
Flight Movement Capacity at the New Airport
9. 独篿某拜現┎程セЫパ惠璶诀どだ筳丁のパい瓣办穝诀初虫禲笵甧秖τパ箇代–ど43琜Ωэ–37/38琜Ω現┎セЫ穝诀初币ノ诀ど琜Ω甧秖搭埃禲笵﹚戳玂緄の蝴┮惠丁穦耕瞷诀初ど琜Ω甧秖糤ぶ
SECRETARY FOR ECONOMIC SERVICES: Mr President, the runway capacity of the Hong Kong International Airport at Kai Tak by 1998 is expected to reach about 31 aircraft movements per hour. The daily available capacity will however be affected by noise abatement requirements currently placed on flight scheduling in the early morning and late night hours and the curfew between 1 am to 6 am.
The declared runway capacity for the new airport at Chek Lap Kok with one runway will be 37/38 aircraft movements per hour although the capacity at airport opening will be lower while air traffic control gains familiarity with the new operation. On the basis of 24 hours' operation and having regard to the fact that the new airport is not situated in the urban area, the daily runway capacity at the new airport is estimated to be about 50% above that of the Kai Tak airport on the assumption that the runway capacity would be reduced by an average of about 5% for daily maintenance requirements based on experience at other airports.
Residential Care Homes (Elderly Persons) Ordinance
10. 地某拜現┎祅舅厨盢览セるら龟琁ρ皘兵ㄒ材459彻)材6兵┿︓セせるら癬磅︽現┎セЫ
(a) ┿磅︽瓃兵ㄒ材6兵︙
(b) 璝セせるらごゼ矪瞶┮Τ臔瞶ρ皘礟酚ビ叫現┎盢Τ或莱跑惫琁矪瞶ゼ莉僚靡┪礟酚τご竒犁ρ皘の
(c) Τ︙ㄣ砰惫琁絋玂莉祇礟臔瞶ρ皘ㄌ沮猭﹚砏竒犁
SECRETARY FOR HEALTH AND WELFARE: Mr President,
(a) The Residential Care Homes (Elderly Persons) Ordinance, with the exception of section 6, that is, the penalty section, came into operation on 1 April 1995. The reason for not bringing section 6 into operation at that time was to give operators of residential care homes sufficient time to familiarise themselves with the new legislation, to apply for licences and to make any improvements needed to comply with the prescribed standards. Social Welfare Department initially estimated that operators would need about 12 months to do this. However, it became clear by February 1996 that it would not be advisable to bring section 6 into operation as early as originally intended for the following reasons:
(1) As at 29 February 1996, there were still 38 residential care homes for the elderly (about 6% out of a total of 586) which had not yet applied to the Social Welfare Department for a licence or certificate of exemption. Of the 548 applications received, 182 (about 33%) had been received between December 1995 and February 1996. Because so many had been received in such a short span of time, more time was needed to process them.
(2) In the course of processing the applications, it was found that some of the information and floor plans submitted by the residential care homes were not acceptable. Progress was delayed while operators were required to provide supplementary information and revised layout plans and to clarify parts of their applications.
(3) A small number of residential care homes have structural, design and location problems which are impossible to overcome. Operators of such homes have been advised to reprovision their homes in alternative premises. More time is needed to allow for these reprovisioning plans to be carried out.
Taking the above into consideration, it was decided that section 6 should be brought into operation on 1 June 1996.
(b) As at the end of March 1996, only about 10 of the total 586 residential care homes had not applied for licences or certificates of exemption. The assessment of applications is now progressing well and staff of the Licensing Office are confident that all applications will be processed in time before 1 June 1996.
(c) Licences are issued to residential care homes which are able to comply with the statutory requirements while certificates of exemption may be granted to residential care homes already in operation before 1 April 1995 (i.e. before the commencement date of the Ordinance) which are unable to comply fully with the requirements so that they can make necessary improvements during the exemption period.
For the purpose of ensuring that residential care homes are operated in accordance with the requirements, the maximum validity period of a licence or certificate of exemption may not exceed 36 months and residential care homes need to apply for renewal of the licence or certificate upon its expiry.
If a licensed residential care home contravenes the law, the licence issued can be cancelled or suspended and the Director of Social Welfare may refuse to renew the licence or amend or vary any conditions of the licence. Similarly, a certificate of exemption can also be revoked. With no licence or certificate of exemption, a home must close down.
The Social Welfare Department Licensing Office of Residential Care Homes for the Elderly is obliged to conduct routine inspections of residential care homes to ensure that they operate in accordance with the statutory requirements and that the welfare of elderly residents is properly safeguarded.
Security Facilities in Public Housing Estates
11. 独岸藉某拜そ玂砞琁材顶琿︑崩︽ㄓ瞏﹡チ舧暴ョΤぃぶ翴﹡チ借好ㄒ玂借ろㄎ超隔筿跌Τ翴のΜぃ绢单現┎セЫ
(a) Τ祇瞷材顶琿玂砞琁瞷拜肈璝Τ冈薄︙のΤ︙惫琁秆∕瓃拜肈の
(b) 龟琁材顶琿玂砞琁ㄣ砰璸购の逼︙
SECRETARY FOR HOUSING: Mr President, the Housing Department receives regular feedback from tenants on security facilities in public housing estates, and the points of concern include:
(a) the coverage angle of closed-circuit television (CCTV) cameras;
(b) vandalism of CCTV cameras;
(c) the need to install CCTV cameras at side entrances and staircase exists of housing blocks; and
(d) the quality of security guards.
The existing cameras use wide angle lenses of a type commonly used in CCTV systems inside lifts, and are able to capture irregular or criminal activities in lifts. Nevertheless, the Housing Department is considering installing extra wide angle lenses to improve coverage.
Activities inside lifts are constantly recorded on CCTV. There have been several cases of vandalism where the Police have been able to arrest suspects based on video tape records. As a result, the incidence of vandalism has declined. To provide added protection, the Housing Department intends to provide strengthened protective covers of CCTV cameras.
The side entrances of Harmony and Trident blocks are already covered by CCTV cameras. The Housing Department is looking into the feasibility of extending this measure to other block types. Trials are being carried out to determine the practicability of installing CCTV cameras at staircase exits.
The Housing Department promises to offer a high quality security guard service. The performance of guards is supervised and recorded by estate management staff, and a merit point system has been adopted for performance appraisal. Penalty clauses, including early termination of service, are included in security guards' service contracts.
Stage II of the security camera installation project, covering 505 housing blocks, is progressing on schedule. Tenders are now being assessed by the Housing Department and will be awarded in May 1996. Installation work is expected to be complete by mid-1997.
Water Sports Developments
12. 糂紌某拜現┎きるきらミ猭Ы穦某畊莱セ矗Τ闽猘舮γ琕薄鶪借高ボ阁场〆穦タ璽砫╯兜笆砞琁盢╯秨臥穝猘舮┦の惠璶現┎セЫ
(a) 赣〆穦┹甶の秨臥穝猘舮よ╯Τ︙秈甶の
(b) 現┎Τσ納秨臥穝笴翴ㄒ秨臥瞒畄眏ㄤ籔カ跋寸近狝叭カチ矗ㄑ胺眃τ稧﹜盯矪
SECRETARY FOR RECREATION AND CULTURE: Mr President, the working group looking into water sports developments has identified over 20 beaches which might be suitable for further development. The group is now conducting research into the circumstances of the beaches, taking into account ease of access, water quality, texture of beach deposits and other related issues. The working group aims to complete its research this year, following which it will make recommendations on the development of potential new beaches.
Separately, the Regional Services Department is considering opening up beaches at Lung Mei (near Tai Po) and at Gordon Hard, which joins the Old and New Cafeteria Beaches at Tuen Mun.
As regards the development of recreational facilities on outlying islands and in other rural areas, we are currently looking at ways of maximizing the recreational use of decommissioned landfill and former military land. The Country and Marine Park Board is planning marine parks at Hoi Ha Wan, near Sai Kung and at Yan Chau Tong, in Tai Po District, to complement the 40 864 hectares of gazetted Country Park in Hong Kong some 20% of which is on outlying islands. The Urban and Regional Services Departments are considering providing new recreational facilities at Stanley and Gordon Hard respectively.
In taking forward these developments we will consider the demand and potential for opening up outing resorts, as well as assessing the availability of public transport links.
Penalties for Violation of Environmental Protection Legislation
13. 谅ッ闹某拜Τ厨笵パ猭皘癸桂Ω笻は吏玂猭ㄒ┪そ┮矪籃蹿吏玂砞称禣ノτ琘ㄇ坝ョ盢籃蹿珹笲Θセず矪籃蹿螟Μ纞ノ碞現┎セЫ
(a) 筁ず–だΤぶ┪そ纯砆浪北ㄢΩ﹙猭畑キА籃ぶ蹿兜の猭畑ぶ﹙ンい矪菏窽籃
(b) 現┎矗ユΤ闽ぉミ猭Ы糵某赣单┮某籃玥琌或非玥络﹚
(c) 讽現竝粄猭畑┮﹚籃蹿计ヘ筁琌穦σ納矗禗;璝礛筁現竝纯矗ぶΩ禗のσ納琌矗赣单禗現竝蹦或非玥の
(d) 現┎Τσ納某э猭ㄒ虑矗蔼籃Μ纞ノ璝Τㄤよ猭ゴ阑桂デ薄鶪
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President,
(a) The number of persons or companies convicted of environmental offences on more than two occasions in the past three years (1993-95) is as follows:
1993 1994 1995
126 119 123
No custodial sentence has been imposed in the past three years and the average fines imposed by the court on repeated offenders under the various pollution control ordinances are:
Ordinance
Maximum PenaltyAverage Fines Imposed on Offenders with More Than Two Convictions
199319941995
Air Pollution Control Ordinance$500,000$7,700$10,251$10,612
Ozone Layer Protection Ordinance$1,000,000n/a (no repeated offender)
Noise Control Ordinance$200,000$27,356$20,362$30,210
Dumping At Sea Act 1974 (Overseas Territories) Order 1975
$5,000$4,471$46,429 (*)Order repealedDumping At Sea Ordinance (replaced DASA(1974) above)$500,000legislation not
yet in force
n/aWater Pollution Control Ordinance$400,000$25,000$47,414$49,706
Waste Disposal Ordinance$500,000n/an/a$1,000
(*)The fines are higher than the maximum because some of the cases were tried at the District Court as indictable offences, and are hence not subject to the maximum which only binds the Magistrate Courts.
(b) The level of maximum penalties is determined on the basis of a number of factors including the degree of hazard to public health and safety, damage caused to the environment, and likely deterrent effect to offenders. Provision has also been made for a substantial increase in the level of fines for repeated offences and for daily penalties to be imposed for continuing offences.
(c) Yes. The Legal Department will, on the advice of the Environmental Protection Department, consider lodging an appeal if the fine imposed by the court is wrong in principle or manifestly inadequate. No appeal has been lodged against cases of low fines in the past three years.
(d) Yes. The levels of penalties are continually reviewed to ensure that they have sufficient deterrent effect. Except for the Ozone Layer Protection Ordinance, for which the level of fine is already high, the level of fines under pollution control legislation has been increased in the past three years. The fines under the Air Pollution Control Ordinance were increased 10-fold in 1993 and those under the Noise Control Ordinance, Waste Disposal Ordinance and Water Pollution Control Ordinance were doubled during recent amendment exercises. The Dumping At Sea Ordinance has a maximum penalty for second offences of marine dumping that is 100 times greater than the Dumping At Sea Act 1974 (Overseas Territories) Order 1975 which it replaced in 1995.
Earmarked Research Grants
14. 霉不瓣某拜現┎琌眡筁セ翠丁厩–現┎钡挤蹿戈╯竒禣い
(a) 妮瞶阶╯龟ノ┦╯㎝セ翠現郸╯ゑㄒだ︙
(b) 妮ゅ╯瞶╯祘╯穦厩╯㎝坝╯ゑㄒだ︙の
(c) Τぶ╯兜ヘぃ戳┪沮╯ヘ夹ЧΘτㄤ┮╯挤蹿羆肂ゑㄒ︙
SECRETARY FOR EDUCATION AND MANPOWER: Mr President, the Government is aware of the following information relating to the allocation of Earmarked Research Grants through the University Grants Committee during the past three years:
(a) The Research Grants Council (RGC), under the University Grants Committee (UGC), receives applications for and approves awards of Earmarked Research Grants each year. In considering applications for research project grants, the Council does not make a distinction between theoretical topics (otherwise known as basic research) and practical subjects (otherwise known as applied research). A breakdown of the proportion of funding allocated for basic and applied research is not, therefore, available and, in any event, the distinction is far from clear-cut in respect of many research topics. One of the criteria taken into account by the RGC in deciding whether a particular research project should be funded is potential local relevance in terms of its social, cultural or economic application. However, the extent to which research topics are relevant to local policy issues cannot always be identified before the research is completed.
(b) The RGC currently deals with applications for research project grants on the basis of four groups of subject disciplines : Physical Sciences, Engineering, Biology and Medicine, and Humanities, Social Sciences & Business Studies. The respective amounts and proportions of Earmarked Research Grants in these four subject disciplines in the past three years are shown in the following table:
Subject discipline
1993-94
1994-95
1995-96$ m
(%)No.
(%)$ m
(%)No.
(%)$ m
(%)No.
(%)Engineering1))6814367161) 53) 110(35%)(38%)(32%)(35%)) (53%))(57%)Physical Sciences1))3469459817%(19%)(22%)(22%)Biology and Medicine34
(34%)49
(25%)54
(28%)82
(22%)61
(30%)109
(24%)Humanities,
Social Sciences
and Business Studies
13
(13%)34
(18%)37
(19%)77
(21%)33
(16%)86
(19%)Total100
(100%)193
(100%)193
(100%)371
(100%)206
(100%)454
(100%)
Notes: 1 The Physical Sciences and Engineering Panel was split into two, as an Engineering Panel and a Physical Sciences Panel, in 1994-95.
2 Numbers/percentages rounded.
A more detailed breakdown of the funded research projects by subject discipline (and by institution) for the past three years is given in the tables at Annexes A to C. More information about the individual projects and their status can be found in the RGC Annual Report 1994 and supplementary information in respect of 1995 which were lodged with the Legislative Council Library in early March 1996.
(c) It is in the nature of research that the results and the time required for them to emerge cannot be precisely predicted. Research project grants awarded by the RGC are usually for two or three years' duration, but the researchers can apply for extensions of this period. Extensions of up to 12 months can be approved by the institutions concerned, but must be reported to the RGC; extensions of longer than 12 months require the RGC's approval which will normally only be given up to a maximum of two years including any extensions previously approved by the institutions concerned. The numbers of projects funded in the past four years for which extensions have been approved (mostly for 12 months or less) are shown in the table below. Details of unspent balances of grants in respect of these projects are not available until after the projects are completed.
92-9393-9494-9595-96Total
No. of RGC funded projects approved in that year
1721933714541 190No. of these projects which have subsequently been given an extension
11093310237Percentage of projects granted extension64%50%8%0%20%
Financial Implications for Constructing the Second Runway and its Associated Facilities
15. 独篿某拜パ穝诀初材兵禲笵のΤ闽诀初笲加惠戈50货じ現┎セЫ硂兜щ戈癸诀初恨瞶Ы俱癩現鶪紇臫︙
SECRETARY FOR ECONOMIC SERVICES: Mr President, the Airport Authority has estimated that the cost for the construction of the second runway and associated facilities will be between $4 to $5 billion. The actual cost will depend on the detailed design, scope of work involved and the timing of construction.
The financial projections in the Provisional Airport Authority's Business Plan circulated to Finance Committee members on 14 July 1995 assume that the second runway will be constructed after airport opening and will be financed by the Airport Authority through internally generated resources and by borrowings. Under the Business Plan, the cost of the second runway only represents a relatively small portion of the Authority's planned future capital expenditure and should be well within the means of the Authority. When commissioned, the second runway will provide additional capacity at the new airport and in time can make a substantial contribution to the strength of the Authority's overall financial position.
The Government is currently discussing with the Authority with a view to determining, inter alia, the timing and financial implications for constructing the second runway and its associated facilities.
British Consular Services Available to Hong Kong Residents Overseas
16. 糂紌某拜現┎セЫ
(a) 現┎琌眡Τ璣瓣瓣チ臔酚の璣瓣妮そチ臔酚翠﹡チ瓣笿螟璣瓣緉讽烩ㄆ繻-
矗ㄑ︙贺τ硂ㄇ翠籔璣瓣セそチ┮眔笿琌Τ畉钵
(b) ┕Τ︙惫琁カチ崩約ㄉΤ璣瓣烩ㄆ狝叭の
(c) 現┎穦ラ璣瓣現┎ㄤ瓣チ肚烩ㄆ狝叭惫琁
SECRETARY FOR SECURITY: Mr President, the answers to the Honourable Member's questions, in the order they are raised, are as follows:
(a) Like other British Nationals, BDTCs and BN(O)s can obtain the following consular services from British Consular Posts overseas. These services include:
(i) assistance in rendering travel documents and other related services;
(ii) visiting British nationals who are under detention or serving sentences in overseas prisons;
(iii) helping British nationals to get in touch with local lawyers, interpreters and doctors;
(iv) arranging for messages to be sent to relatives or friends of British nationals who are in custody; informing next-of-kin of accidents or deaths and advising on procedures;
(v) pleading for clemency in death sentence cases; and
(vi) evacuation in cases of natural disaster or political upheaval.
(b) Information on consular services and assistance that Hong Kong residents can enjoy while overseas is available from the Immigration Department. The Hong Kong Immigration Department also acts as a point of contact for overseas consular posts and the family of Hong Kong residents who are under trial, serving prison sentence or otherwise in distress overseas.
(c) We are in the process of stepping up our activities to publicize consular services available to BDTCs and BN(O)s. Leaflets on "British Consular Services Abroad" currently being used by British Consular Posts can be obtained from Immigration Department. Steps are being taken to produce bilingual leaflets. The intention is to make new bilingual leaflets available to British passport holders upon issuance of passports.
Accident and Emergency Service at Hospitals Under the Hospital Authority
17. 独岸藉某拜現┎セЫ
(a) 筁洛皘恨瞶Ы妮洛皘痝洛ネ计ヘの―禘计だ︙
(b) ―禘痜キА近丁︙
(c) べ洛皘纯Τ―禘痝痜惠璶近禬筁瞷瓃薄鶪︙硂穦甡痜ネ㏑の
(d) ︙э到(c)兜┮瓃薄鶪穦σ納糤洛臔も罽祏近丁
SECRETARY FOR HEALTH AND WELFARE: Mr President, a breakdown showing the deployment of medical staff at different accident and emergency units and the number of attendance are provided at Annexes A and B respectively. The average waiting time is 30 minutes.
Accident and emergency service is designed to cater for patients in more acute conditions. To achieve this intended function, a triage system has been introduced whereby patients are screened by an experienced nurse with special training to determine the relative priority for treatment based on prevailing medical needs of each individual case. While it is inevitable that some non-urgent cases may have to wait longer, there is no question of patients being put at risk.
In the case of Tuen Mun Hospital, as with other public hospitals, deployment of medical staff at the accident and emergency unit should not be examined in isolation from supporting services provided by other clinical departments.
The Hospital Authority is aware of the impact on waiting time caused by additional demands and has responded by allocating funds to strengthen the accident and emergency unit at Tuen Mun Hospital in its annual planning process. The Authority will continue to work together with the hospital management to maintain the quality of patient service.
Annex A
Deployment of Medical Staff
at Accident and Emergency Units
HospitalNumber of Medical Staff
1/94 1/95 1/96
Tuen Mun Hospital 23 23 25United Christian Hospital 19 19 24.5Yan Chai Hospital 1 12 26Queen Elizabeth Hospital 33 34 33Pamela Youde Nethersole
Eastern Hospital 12 23 22Tang Shiu Kin Hospital
(including Orthopaedics) 22 22 15Caritas Medical Centre
(including out-patient department) 15 16 15Fanling Hospital
(including out-patient department) 10 9 8Kwong Wah Hospital 17 18 19Princess Margaret Hospital 24 24 23Pok Oi Hospital
(including out-patient department) 10 10 9Prince of Wales Hospital 26 30 30Queen Mary Hospital 23 19 21
Total 235 259 270.5
Annex B
Number of Accident and Emergency Attendance
1993/941994/954/95 to 1/96
Tuen Mun Hospital 156 659 179 567 164 954United Christian Hospital 170 087 185 273 176 754Yan Chai Hospital - 55 834 116 803Queen Elizabeth Hospital 205 485 231 913 192 720Pamela Youde Nethersole
Eastern Hospital 20 365 103 846 127 250Tang Shiu Kin Hospital 102 718 100 259 88 282Caritas Medical Centre 72 043 87 986 82 725Fanling Hospital 46 930 53 460 49 136Kwong Wah Hospital 156 924 170 492 154 546Princess Margaret Hospital 163 660 153 993 117 624Pok Oi Hospital 49 743 52 703 48 970Prince of Wales Hospital 191 040 203 762 177 292Queen Mary Hospital 123 426 127 308 113 664
Total 1 466 482 1 714 062 1 618 448
Entry Qualifications for the Civil Service
18. 腑瓣辆某拜現┎セЫ
(a) 現┎︑そガら┷竨そ叭┯粄獶璣羛ü厩菌ㄓ┷竨獶璣羛ü厩︗厩菌踞ヴ惠璶厩箇┪戮戈そ叭戮︗薄鶪︙
(b) 龟琁(a)兜逼ぇ玡Τ竨ノ獶璣羛ü厩︗踞ヴ赣单そ叭戮︗璝Τ赣单戮︗︙の妮︙单场の
(c) (b)兜┮竨ノそ叭ㄤ獶璣羛ü厩︗厩菌眔粄瞶パ︙
SECRETARY FOR THE CIVIL SERVICE: Mr President, at present the minimum qualification requirements for entry to the civil service are set with reference to qualifications obtained from local institutions. Non-local degrees are assessed by the Qualifications Section in Civil Service Branch for the purpose of civil service appointments on the basis of whether they are comparable in standard to that of local degrees, having regard to the standing of the awarding institutions, programme of study and advice from accreditation authorities. No distinction is made between degrees obtained from the Commonwealth and non-Commonwealth countries.
The answers to the specific questions are as follows:
(a) Assessment of degrees obtained from non-English speaking countries has been difficult in the past because of the lack of information on institutions and qualifications in these countries. To tackle this, we strengthened our mechanism for qualifications assessment for appointment to the civil service in February 1995, by setting up more formal arrangements to make use of the considerable body of information and advice provided by the Hong Kong Council for Academic Accreditation (HKCAA). The HKCAA is a source of information on non-local institutions and qualifications and has connections with overseas accreditation authorities and international education specialists. Under the improved system, information and advice is sought from the HKCAA on the comparability of a particular non-local degree to a local degree where necessary. This has enabled us to assess and recognize qualifications obtained from many non-English speaking countries, in particular those obtained from the People's Republic of China (PRC), and take a more vigilant approach on the assessment of qualifications from English-speaking countries.
(b) We have recognized in the past a number of cases of non-local qualifications involving degrees from non-Commonwealth countries for civil service appointment purposes, particularly those obtained from the United States. Since the strengthening of our assessment mechanism, we have also been able to recognize a number of qualifications involving degrees from non-English speaking countries for civil service appointment purposes, including, for example, qualifications from China. Since February 1995 some 14 qualifications obtained in various academic institutions in the PRC have been accepted as fully comparable to a local degree. Another 10 qualifications obtained in the PRC have been accepted as equivalent to a local degree when taken into consideration with other qualifications (for example, a master degree combined with a first degree).
We have not kept statistics on whether the holders of these non-local qualifications, after assessments, have actually applied for any civil service post or succeeded in such applications.
(c) For appointment to civil service grades requiring a local degree for entry, the key is whether the candidate possesses the academic qualifications required for the job. Non-local degrees are recognized for the purpose of civil service appointment if their standard is assessed as comparable to that of a local degree.
Waiting Time of Patients at Public General Out-Patient Clinics
19. 腑瓣辆某拜沮刮砰秸琩陪ボΤΘρ近そミ洛皘炊硄禘惠璶莉禘痝の皌媚τ盡狝叭玥笷る現┎セЫ
(a) 琌眡瓃薄鶪璝礛現┎Τ︙惫琁罽祏近丁の
(b) Τσ納盢ヘ玡Τ场だそミ洛皘禘场砞Τ"ρ膚"のρ箇禘痝丁狝叭耎甶︓翠┮Τそミ洛皘璝︙
SECRETARY FOR HEALTH AND WELFARE: Mr President,
(a) The general out-patient clinic (GOPC) services operated by the Department of Health (DH) have adopted the following measures to minimize waiting time of patients, including elderly patients, after they have obtained consultation discs:
(i) Block appointment system
Same-day appointments are given to patients with episodic illnesses and their appointment times are printed on the back of the consultation discs. Patients are then free to leave and need only return to the clinics at the given appointment time. It is the pledge of DH for these patients to be seen within 60 minutes of the appointed time. In 1995, DH has fully achieved this performance pledge.
(ii) Advance appointment
Patients with chronic diseases are given advance appointment for their next clinic visit. They need not queue for consultation discs. It is the pledge of DH for these patients to be seen within 30 minutes of the appointment time. In 1995, DH has achieved an attainment rate of 99.7% for this performance pledge. We have observed, however, that only one-third of elderly patients with chronic diseases are willing to take advantage of the advance appointment system. More than 50% of the patients prefer to attend GOPC in the early hours of the morning to suit their own personal convenience. DH is considering ways to encourage greater use of the advance appointment system.
For the general out-patient departments operated within the Hospital Authority (HA), the queuing time for medical consultation is being monitored and is less than 90 minutes on the average. As for the specialist out-patient services, measures have also been in place to shorten the waiting time for first appointment and there is considerable improvement over the past few years. The measures include increasing consultation sessions and opening new specialist clinics through redevelopment of hospital complex. It is the performance target of HA that the average waiting time for first appointment at 90% of specialist clinics is less than three months.
After seeing the doctor, the patient spends a further 10-20 minutes at the clinic for the dispensation of drugs.
(b) Priority discs for the elderly are available in most GOPCs run by DH with the exception of a few smaller or more isolated GOPC's where more than 50% of the patients are of the elderly age-group. In total, well over 10% of GOPC consultation capacity is set aside for priority discs for elderly patients.
Most of the out-patient clinics within HA institutions are for specialist medical consultation. Since these clinics would attend to all patients on an appointment basis, the practice of providing priority discs for the elderly would not be necessary. As for the GOPCs operated by HA hospitals, about 1/2 to 2/3 of the discs will be allocated to the elderly in some clinics. For those clinics without priority discs arrangement, most of the patients attending their GOPCs are already elderly patients.
Review on Process of Issuing Banknotes and Minting Coins
20. 綠產碔某拜セるらミ猭Ы穦某畊癩竒ㄆ叭莱セ蛤秈借高ボ穦σ納Θミ盽砞羛蹈舱竒盽浪癚籹秗布の疟硑祑刽筁祘碞現┎セЫ
(a) 現┎穦荷е龟琁硄筁蝗︽刽祇︽兵ㄒ
(b) Τ闽砞ミ赣羛蹈舱丁︙の
(c) 赣羛蹈舱Αのヘ夹︙
SECRETARY FOR FINANCIAL SERVICES: Mr President,
(a) The Bank Notes Issue (Amendment) Ordinance 1995 will be brought into effect as soon as the necessary preparatory work, which includes the drawing up of terms and conditions regarding banknote issues, is complete. These terms would cover such items as the design of notes, regular review of counterfeiting precautions, demonetization procedures, safe-keeping of unissued notes (for example, location and type of vaults to be used), accounting procedures to record movements between issued and unissued stock and destruction procedures. These detailed and technical terms do require a fair amount of drafting and discussion with the note-issuing banks. The Hong Kong Monetary Authority (HKMA) has been discussing these terms with the note-issuing banks since the enactment of the amendment ordinance and agreement is expected to be reached with them later this year.
(b) In connection with bank note issues, the HKMA has established two liaison committees, namely a HKMA-Police liaison group in January this year and the Bank Notes Issue Advisory Committee in March this year, to consider, inter alia, issues relating to the security and quality of the printing of bank notes and the enforcement of the provisions of the Bank Notes Issue (Amendment) Ordinance 1995.
(c) The HKMA-Police liaison group comprises representatives from the HKMA and the Commercial Crime Bureau of the Police. It will in future include the senior management of the banknote printing plant when acquisition of the plant by Government is complete. The group meets bi-monthly to discuss, inter alia, matters concerning the security and printing quality of bank notes. It also covers the question of the security of the coinage.
The Bank Notes Issue Advisory Committee comprises representatives from the HKMA and the three note-issuing banks. It meets on a regular basis and advises the Administration on the operation of the relevant ordinance and on all other matters relating to note issue.
PRESIDENT: Honourable Members, in the course of Mr LEUNG Yiu-chung's speech made in the debate on the Second Reading of the Appropriation Bill 1996 on the second day of the last sitting on 28 March 1996, I asked him to indicate the people he was referring to in his speech. After several attempts to clarify that part of his speech on which I asked for elucidation, Mr LEUNG stated that he did not intend to allude to any Member of this Council in his speech.
In response to a point of order made by Mr Albert CHAN, I undertook to give the reasons for my intervention at this sitting.
As I said at the beginning of the first day of the last sitting, offensive and insulting language might be classified into two kinds, one which reflects derogatorily on the character of other Members, and the other which is straightforward profane, abusive and indecent language. I have ruled both kinds of language out of order. Derogatory reflections and abusive and indecent language include not only direct accusations and expletives but also include allusions and quotes.
The part of Mr LEUNG's speech that I found objectionable if alluded to Members of this Council was not that part in which he said that "spiritual opium could be found everywhere. But spiritual opium was not welfarism; instead, it was blindly agreeing with other people, bending towards those in power, adulation, and going against one's conscience. Spiritual opium also included following closely a China-led path, immorality and loss of oneself." That I regard to be the fair expression of a view. Whether or not the view itself is fair is not for the Chair but for Members to decide, and the same goes for Dr Philip WONG's view of welfarism being the opiate of the people made on the first day of the last sitting.
However, Mr LEUNG went on to say that "those who smoked opium competed to bare their souls to those in power and behaved in a sycophantic manner to them." and hoped that "those who smoked opium could rub their own eyes clean and see for themselves the current state of social welfare in Hong Kong." It was, and it is still my view that this part of Mr LEUNG's speech, in the context of his earlier view, sought to reflect derogatorily on the moral character of some people. It would not be out of order if Mr LEUNG alluded to people who are not Members of this Council. If, however, Mr LEUNG alluded or intended to allude to any Member of this Council with what he had said, he would clearly fall foul of Standing Order 31(4) which says that it shall be out of order to use offensive and insulting language about Members of this Council.
In the light of some of the speeches, in particular Dr Philip WONG's speech, made prior to Mr LEUNG in the same debate, I felt duty bound to request Mr LEUNG to clarify his remarks I have just quoted. When I interrupted him, I did not, and I repeat, I did not, outright rule his speech out of order. I asked him to indicate whether he was referring to any Member of this Council in his speech. When he stated that he was not so referring, I invited him to carry on with his speech.
While the use of offensive and insulting language about Members of the Council is in breach of Standing Order 31(4), I have ruled at the opening of the last sitting that the use of profane, abusive and indecent language about anybody, even if he or she is not a Member of this Council, is out of order.
Mr LEUNG Yiu-chung also enquired whether the part of his speech in question would stay in Hansard. There is no question of any part of his speech being deleted from Hansard. Expressions or words that have been withdrawn by order of the Chair will remain in Hansard unless such words or expressions are grossly profane or grossly indecent.
I have arranged for copies of my ruling made at the last sitting and this ruling to be issued to Honourable Members in both English and Chinese.
BILLS
First Reading of Bills
ELECTRICITY (AMENDMENT) BILL 1996
FIREARMS AND AMMUNITION (AMENDMENT) BILL 1996
TRADE DESCRIPTIONS (AMENDMENT) BILL 1996
IMPORT AND EXPORT (AMENDMENT) BILL 1996
CONTROL OF CHEMICALS (AMENDMENT) BILL 1996
RESERVED COMMODITIES (AMENDMENT) BILL 1996
TOYS AND CHILDREN'S PRODUCTS SAFETY (AMENDMENT) BILL 1996
CONSUMER GOODS SAFETY (AMENDMENT) BILL 1996
Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
PRESIDENT: Miss Emily LAU, I think you have a point of order.
糂紌某琌畊ネи獺︗ㄆ常や㎝碙種ǎ瞷玱Τ拜肈畊ネи獺ㄆ常ぃフ贺耞瞶沮Ω耞絋龟瞏稰砓钵畊ネㄤ龟ㄇэ跑ぃゴ候ゲ斗產笵㎝フи瞷ぃ琌稱臛阶琌稱Τ︙よ猭秆∕拜肈
PRESIDENT: Please state your point of order.
糂紌某и-
常稱笵︙瞶沮耞玥и獺常穦稰好碽谅谅畊ネ
PRESIDENT: I do not see any point of order there. I have made my ruling and I have stated my reasons and you are not making a point of order. If you are making a point of order, please state your point of order.
糂紌某畊ネи弧и種ǎ狦粄硂ぃ琌砏祘拜肈⊿Τ快猭ぃ筁и-
絋Τ硂贺好碽砛初坚睲︑ゲ斗钡ㄆ龟瞷硂ㄆミ猭Ы某だ耑и-
ぃ瞷顶琿秆∕硂ㄆи獺и-
ゲ斗碞硂ㄆ秈︽癚阶谅谅畊ネ
Second Reading of Bills
ELECTRICITY (AMENDMENT) BILL 1996
THE SECRETARY FOR ECONOMIC SERVICES to move the Second Reading of: "A Bill to amend the Electricity Ordinance."
SECRETARY FOR ECONOMIC SERVICES: Mr President, I move that the Electricity (Amendment) Bill 1996 be read a Second time.
In March 1995, safety requirements for plugs and adaptors came into effect. The requirements were widely publicised and were targeted at improving the safety of plugs and adaptors, and increasing public awareness of electrical product safety.
The Electricity (Amendment) Bill introduced today takes this process a step further, in paving the way for enactment of regulations stipulating safety requirements for all household electrical products.
The Bill has three main provisions.
First, it enables the Director of Electrical and Mechanical Services to prohibit the supply of an unsafe electrical product, in the interests of safety.
Second, it provides for a product owner to claim compensation for loss or damage resulting from the Director's seizure of a prohibited electrical product when that seizure is overturned on appeal and the appeal board has ordered that the product be returned.
Third, it increases the maximum penalty for supplying a prohibited product from a fine of $50,000 on a first conviction and $100,000 on a subsequent conviction for the same offence and in either case imprisonment for six months, to a fine of $100,000 and imprisonment for one year on a first conviction and a fine of $500,000 and imprisonment for two years on subsequent conviction.
After the Bill has been passed by this Council, the Government will introduce a new regulation prescribing safety requirements for household electrical products. The new regulation will require that all electrical products designed for household use should comply with essential safety requirements to protect the user from electrical shock and other dangers from hazardous materials or design.
Some products, for example, lampholders, flexible cords and extension units, which frequently bring the public into close proximity with live terminals or conductors and unvented thermal storage type electric water heaters, which require special safety devices, will have to comply with specific safety requirements.
All of the safety requirements are based on well established and widely recognized international standards.
The supplier of a household electrical product will be responsible for ensuring that the product complies with the safety requirements. A product will have to be certified that it meets the relevant safety requirements before it can be supplied. This will be done by requiring issue of a certificate in respect of the product model concerned. The certificate may be issued by a certification body or a manufacturer recognized for that purpose.
Mr President, over the past four years, 28 severe electrical accidents relating to unsafe household electrical products and involving death or injury, were reported to the Government. While the majority of household electrical products available locally are safe, tests carried out by the Consumer Council have shown that some models of common household electrical products do not pass examination against international safety standards. The proposals that I have outlined aim to ensure that all such products are safe to use.
Mr President, I commend the Bill to this Council.
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
FIREARMS AND AMMUNITION (AMENDMENT) BILL 1996
THE SECRETARY FOR SECURITY to move the Second Reading of: "A Bill to amend the Firearms and Ammunition Ordinance."
SECRETARY FOR SECURITY: I move the Second Reading of the Firearms and Ammunition (Amendment) Bill 1996.
The purpose of the Bill is to tighten the existing licensing framework to ensure that firearms are used safely.
The Firearms and Ammunition Ordinance was enacted in 1981 to regulate the possession of, and dealing in, firearms and ammunition. At that time there was a comparatively low level of interest in the use of firearms for recreational and sporting purposes. The use of firearms for recreational shooting has, by and large, been left to self-regulation by individual shooting clubs. The relatively loose controls imposed at that time were judged to be adequate.
Since then, however, the use of firearms for recreational and sporting purposes has become more popular. The number of shooting clubs, for example, increased from 13 in 1988 to 22 now; the number of licences for the possession of firearms increased from 894 to 1 753 in the same period. We believe that the time has now come for us to take proactive and precautionary measures to ensure that the increasing number of gun clubs are run properly in the interest of public safety and security. The Bill seeks to implement these measures.
We propose to regulate shooting clubs by way of licences for the possession of firearms. The licence will be held by a "responsible officer", who is personally responsible for the management of the club. Tighter licence conditions will also be imposed to regulate the operation of shooting clubs, in particular, the possession and use of firearms and ammunition and the running of its firing range, armoury and other facilities.
We propose to require members of shooting clubs to complete a course on the safe handling of firearms before they can use firearms in the clubs, and that only a qualified person, approved by the Commissioner of Police, can instruct others in the use of firearms.
We also propose that the appointment of an agent by a licensee to handle firearms and ammunition be subject to the approval of the Commissioner of Police. This will preclude an untrained or unsuitable person from possessing or handling a licensee's firearms in the capacity of his agent.
To address the possible threat to public safety when a large number of firearms or ammunition are carried in public places or stored at the licensees' premises, we propose to empower the Commissioner of Police to restrict the quantity of firearms and ammunition to be covered in a licence for possession.
As the use of low-powered air guns could be dangerous, we propose to make it an offence, under the Summary Offences Ordinance, to discharge any low-powered air gun in a public place to the danger or the annoyance of any person.
We have consulted the shooting clubs and other interested parties, including the Security Panel of this Council, on our proposals. There is general support in principle for the tighter regulation of shooting clubs by way of licence.
Mr President, I believe that under our proposals, recreational shooting activities will be carried out in a safer manner while remaining as an active sport in Hong Kong. Subject to the approval of the Bill by this Council, the preparatory work for implementing these proposals will take about one year to complete. We will make use of this period to liaise with the clubs to ensure that the detailed licensing conditions are reasonable and practicable.
Thank you, Mr President.
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
TRADE DESCRIPTIONS (AMENDMENT) BILL 1996
THE SECRETARY FOR TRADE AND INDUSTRY to move the Second Reading of: "A Bill to amend the Trade Descriptions Ordinance."
SECRETARY FOR TRADE AND INDUSTRY: Mr President, I move that the Trade Descriptions (Amendment) Bill 1996 be read a Second time.
The Bill seeks to amend the definition of "goods in transit" in section 2(1) of the Trade Descriptions Ordinance. An anomaly exists in this definition and has hindered the Customs and Excise Department's effort in combating smuggling from China by vehicle.
Goods in transit are defined as those which are brought into Hong Kong solely for the purpose of taking them out of Hong Kong and which remain on board the same vessel, aircraft or vehicle throughout their passage through Hong Kong. At present such goods are exempted from certain import and export controls stipulated in the Trade Descriptions Ordinance. It is pointless to use resources to control goods that are neither destined for Hong Kong nor discharged in Hong Kong from the means of transport carrying them.
Since no place other than China is contiguous to Hong Kong, goods carried on a vehicle from China can only be destined to Hong Kong or transferred in Hong Kong to another country through other means of transport such as a vessel or aircraft. In the circumstances, such goods do not qualify as goods in transit.
In several court cases regarding falsely labelled goods found on incoming vehicles from China at the border control points, the claims that the contraband was "goods in transit" were accepted by courts as defences. When seized at the border control point, the goods were still on board the vehicles and in such circumstances were considered to fall within the definition of "goods in transit". This interpretation makes it difficult for Customs officers to bring prosecutions against those who smuggle from China by vehicle.
To rectify the situation, we propose to delete the reference to "vehicle" from the definition of "goods in transit" in the Trade Descriptions Ordinance.
Mr President, I move that the debate on this motion be now adjourned.
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
IMPORT AND EXPORT (AMENDMENT) BILL 1996
THE SECRETARY FOR TRADE AND INDUSTRY to move the Second Reading of: "A Bill to amend the Import and Export Ordinance."
SECRETARY FOR TRADE AND INDUSTRY: Mr President, I move that the Import and Export (Amendment) Bill 1996 be read a Second time.
This Bill seeks to remove a potential loophole in the Import and Export Ordinance by deleting the reference to "vehicle" in the definition of "article in transit" in section 2(b) of the Ordinance.
The reason for the proposed amendment is identical to that which I have already explained earlier to this Council in moving the Second Reading of the Trade Descriptions (Amendment) Bill 1996. It is practically impossible for articles carried on a vehicle from China to qualify as being in transit through Hong Kong. Articles brought into Hong Kong this way can realistically only be destined for Hong Kong or re-exported by vessel or aircraft. They should therefore not qualify as articles in transit and be exempted from the controls under the Ordinance. The potential for abuse under the existing definition is real, as evidenced by the experience of the cases which I quoted for the Trade Descriptions Ordinance.
Mr President, I move that the debate on this motion be now adjourned.
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
CONTROL OF CHEMICALS (AMENDMENT) BILL 1996
THE SECRETARY FOR TRADE AND INDUSTRY to move the Second Reading of: "A Bill to amend the Control of Chemicals Ordinance."
SECRETARY FOR TRADE AND INDUSTRY: Mr President, I move that the Control of Chemicals (Amendment) Bill 1996 be read a Second time.
The purpose of this Bill is to delete the reference to "vehicle" from the definition of "a controlled chemical in transit" in section 2(3)(b)(i) of the Control of Chemicals Ordinance. The Ordinance makes it unlawful, among other things, for a person to import or export any controlled chemical without a licence. Chemicals in transit are exempted from the controls under the Ordinance. The reason for the proposed amendment is identical to that which I have explained to this Council earlier in moving the Second Reading of the Trade Descriptions (Amendment) Bill 1996.
Mr President, I move that the debate on this motion be now adjourned.
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
RESERVED COMMODITIES (AMENDMENT) BILL 1996
THE SECRETARY FOR TRADE AND INDUSTRY to move the Second Reading of: "A Bill to amend the Reserved Commodities Ordinance."
SECRETARY FOR TRADE AND INDUSTRY: Mr President, I move that the Reserved Commodities (Amendment) Bill 1996 be read a Second time.
The Bill seeks to delete the reference to "vehicle" from the definition of "goods in transit" in section 2(1) of the Reserved Commodities Ordinance. The Ordinance, together with its regulations, provides for the control of the import and export of reserved commodities, such as rice. Articles in transit are exempted from the controls under the Ordinance. The reason for the proposed amendment is identical to that which I have already explained earlier in moving the Second Reading of the Trade Descriptions (Amendment) Bill 1996.
Mr President, I move that the debate on this motion be now adjourned.
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
TOYS AND CHILDREN'S PRODUCTS SAFETY (AMENDMENT) BILL 1996
THE SECRETARY FOR TRADE AND INDUSTRY to move the Second Reading of: "A Bill to amend the Toys and Children's Products Safety Ordinance."
SECRETARY FOR TRADE AND INDUSTRY: Mr President, I move that the Toys and Children's Products Safety (Amendment) Bill 1996 be read a Second time.
This Bill seeks to delete the reference to "vehicle" from the definition of "goods in transit" in section 2 of the Toys and Children's Products Safety Ordinance. The Ordinance makes it unlawful for any person to import or supply a toy which does not meet certain safety standards. Goods in transit are not subject to the controls under this Ordinance. The reason for the proposed amendment is identical to that which I have already explained in moving the Trade Descriptions (Amendment) Bill 1996.
Mr President, I move that the debate on this motion be now adjourned.
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
CONSUMER GOODS SAFETY (AMENDMENT) BILL 1996
THE SECRETARY FOR TRADE AND INDUSTRY to move the Second Reading of: "A Bill to amend the Consumer Goods Safety Ordinance."
SECRETARY FOR TRADE AND INDUSTRY: Mr President, I move that the Consumer Goods Safety (Amendment) Bill 1996 be read a Second time.
This is the last of the six amendment bills which seek to amend the definition of an item in transit in the relevant Ordinances. In line with the amendments proposed in the five preceding Bills, this Bill also seeks to delete the reference to "vehicle" from the definition of "goods in transit" in section 2 of the Consumer Goods Safety Ordinance. The Ordinance imposes obligations on manufacturers and suppliers of certain consumer goods to ensure that the goods they supply are safe. Goods in transit are exempted from the controls under the Ordinance. The amendment is proposed for the same reason which I have already explained in moving the Trade Descriptions (Amendment) Bill 1996.
Mr President, I move that the debate on this motion be now adjourned.
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
APPROPRIATION BILL 1996
Resumption of debate on Second Reading which was moved on 6 March 1996
THE PRESIDENT'S DEPUTY, DR LEONG CHE-HUNG, took the Chair.
SECRETARY FOR THE TREASURY: Mr Deputy, I have listened very carefully to the views expressed by Members both at the special Finance Committee meetings and on the resumption of the Second Reading of the Appropriation Bill. I have noted in particular the concerns raised about the application of some of our budgetary principles. I believe that it is important that Members have a full understanding of both our philosophy and practice as set out in the Budget. So I will try to address this in some detail today.
Expenditure Guidelines
Let me start with something fundamental to the entire budgetary process the expenditure guidelines that we have adopted to keep government expenditure under control. I am pleased to note that most Members of this Council and the community are very supportive of the principle underlying that guideline, namely that we should live within our means. I shall try to elaborate on the application of the guideline, and hopefully lay to rest any fears that our application of it is somehow not consistent with that principle.
As Sir Hamish MACLEOD said in this Chamber last year, it is important that we are all clear in our understanding of the key concepts involved. The first point I need to make clear is that when we talk about keeping our expenditure in line with the trend growth rate of the economy over time, we are talking about government expenditure. Government expenditure is the aggregate of spending from the General Revenue Account and the three Funds the Capital Works Reserve Fund, the Loan Fund and the Disaster Relief Fund. Public expenditure, by contrast, is more broadly defined, and includes expenditure from the Lotteries Fund and a number of financially autonomous public bodies such as the Housing Authority, the Urban and Regional Councils and the Trading Funds.
As I said in a written reply to this Council on 14 February this year, we have over the past few years consistently adopted a fixed reference point based on projected spending in 1990-91 for setting the limits on government expenditure. Each year, our expenditure guidelines are rolled forward to take account of the forecast trend growth of Gross Domestic Product (GDP), the effect of price changes and changes in the scope of government activities.
What has this meant in practice? Over the past six years since we adopted this fixed reference point, GDP has risen by 37.2% in real terms in total, and during the same period, government expenditure has risen by 37.7% in real terms. We have thus tracked GDP very closely during this time. This is what we mean when we say that, over time, we keep our expenditure growth in line with the trend growth rate of the economy. There may be relative ups and downs on a year to year basis, but over the six-year time frame since our fixed reference point, government expenditure has tracked GDP fairly consistently. So I hope that Members will be reassured that not only do we have a principle that is worth sticking to, but in practice we have stuck to it firmly.
I have also noted some Members' concerns that expenditure in particular areas, for example welfare, has been growing at a rate much faster than the average. Let me stress again that, insofar as fiscal discipline is concerned, the crucial question is whether we have effectively controlled overall government expenditure to within the levels permitted by our expenditure guidelines. The statistics which I have just outlined should have given a resounding "yes" to that question. Within this overall level, we will of course have to try to allocate the money available in such a way as to best respond to the changing needs of the community. It will be odd indeed if the growth rates in different policy areas were to be precisely the same as the overall average.
Spending on infrastructure and capital works
Whilst on the subject of expenditure, much has been made by some Members of the apparent fall in capital expenditure on our "infrastructure". I think that this problem is more apparent than real, and concern has arisen due to confusion about what is actually meant by "infrastructure". We may have unwittingly contributed to this confusion by using a rather narrowly defined scope for this area in our publication "Introduction to the Estimates".
It is true to say that the Estimates do show a 5.3% fall in our expenditure on the "infrastructure" programme area. However, this expenditure relates mainly to transport, drainage and similar projects. It does not include expenditure on other capital works projects such as hospitals and schools, or port-related projects. Nor does it include the substantial contribution to the development of our transport infrastructure by the private sector as a result of our very successful efforts to promote build-operate-transfer projects, such as the Western Harbour Crossing and the Country Park Section of Route 3.
Even if we confine ourselves to Government spending only, total spending on capital works will be 9% higher in real terms in 1996-97 than 1995-96. Over the Medium Range Forecast period, the real increase in capital works spending will average 7% a year. We established this rate of growth after taking careful account of the capacity of the Lands and Works Group of Departments to undertake the capital works programme in the coming years. Although the total forecast expenditure is somewhat below the level allowed in our expenditure guidelines, it is what we believe to be achievable given our manpower constraints. It also allows a steady expansion of our capital works programme in the years ahead.
The list of capital works projects that require funding in the coming financial year is included in the Estimates books to give Members as much detail as possible of projects in the pipeline. This list is compiled on the basis of the best information available at the time. As Members suggested, we will try to advance other projects when certain projects cannot proceed as planned. Our intention remains, nevertheless, to provide Members with as much and as up-to-date information as possible so as to enable Members to be fully apprised of projects expected to start in the coming financial year. It will be misleading if we include in the Estimates projects that have completed all necessary statutory or consultative steps in the planning process. However, we will strive even more in future to allow sufficient lead time for the projects, by bringing forward our planning and consultation wherever possible. This, I hope, will give Members greater confidence in the scheduled start-dates for the projects set out in the Estimates.
The deficit
There are some suggestions that we might have deferred to 1996-97 the revenue proceeds from some land sales, so as to create a budget deficit for 1995-96 and a budget surplus in the subsequent year. I think there is some misunderstanding over this, so let me explain the sharing arrangement for land revenue and aim to clarify the matter once and for all.
In accordance with the arrangement agreed in the Sino-British Land Commission, land premium upon receipt will first be deposited in the Suspense Account of the Capital Works Reserve Fund. Each quarter, after deduction for the average cost of land production, the premium income received in the preceding quarter is shared between the Hong Kong Government and the future Hong Kong Special Administrative Region Government. Thus, we will only receive in the first quarter of 1996-97 our share of the premium income from sites disposed of in the last quarter of 1995-96. In accordance with our accounting convention, such receipts are rightly counted as revenue for 1996-97. The same arrangement applied to the land premium received in the last quarter of 1994-95, and the year before and so on.
This sharing arrangement has been in use for many years and is well known. It is not the reason for the budget deficit in 1995-96, nor for the forecast surplus in 1996-97. Sir Hamish MACLEOD said in his Budget speech in 1995 that only in 1995-96, when our investment in the Airport Core Programme peaked, would it be necessary to draw on our reserves. This has proved correct and our latest outturn forecast, announced by the Financial Secretary in his Budget speech this year, merely reflects this.
Rates
I now turn to a number of revenue issues on which Members have commented extensively. First, rates. There are two issues here which I wish to address: the routine general revaluation and the proposal of annual revaluation.
On the routine general revaluation, I should emphasise that our aim is to adjust the rateable value of properties on a regular basis in order to reflect up-to-date rentals in the market. This is necessary if we are to maintain rates as a stable revenue source and to keep a fair and equitable distribution of the rates charged. We will therefore conduct the normal three-yearly general revaluation in 1996-97, with any changes in rateable values to take effect from 1 April 1997. We will consider if it is necessary to introduce a suitable rates relief scheme in order to cushion the effect of the revaluation on those who may experience a large increase in the rateable value of their properties.
On the proposal for an annual revaluation, I should perhaps remind Members that we have put it forward in response to suggestions from some Members in previous Budget debates that it would be preferable to have more frequent, say annual, but smaller increases in rates than a large increase every three years following a general revaluation. Let me make one thing very clear : the aim of the proposal is to soften the impact of revaluation, not to raise additional revenue. The proposal, if adopted, would also enhance fairness in the assessment of the rateable value of properties, as changes in rentals, which can be up or down, would be more accurately reflected. We will carefully examine the views of Members and of the public in determining whether a revaluation should be conducted on an annual basis after the forthcoming general revaluation.
Tax relief for housing-related expenditure
Second, tax relief for mortgages. Some Members repeated their call for a new salaries tax allowance for expenditure on mortgage interest for first-time home buyers. I must point out that a tax concession of such a nature in favour of a particular type of investment would tend to distort the allocation of resources and investment in the private sector. It is also very costly to the public purse. We remain convinced that we should focus our resources and continue to invest in our public housing programme in order to provide direct assistance to those genuinely in need. We should also keep up our efforts to maintain an adequate supply of land to ensure the healthy and steady development of the private housing sector. The proposed concession on stamp duty for property transactions announced by the Financial Secretary in his Budget speech will also help to alleviate the burden on home buyers at the lower to middle end of the market, including those who wish to purchase Home Ownership Scheme flats and Sandwich Class Housing Scheme properties.
Fees and charges
Third, fees and charges. There have been very thorough discussions on the subject of fees and charges in this Council in the last few months and I do not wish to repeat our principles and policies here today. However, I do wish to take this opportunity to respond to some of the points and suggestions made by Members.
We will continue our existing policy of keeping our fees and charges under regular review. Members may wish to know that we are planning to table in this Council a further 120 or so fee amending regulations, including the one on water charges, within this Legislative Council Session.
A Member has suggested that we should consider allowing longer renewal periods for certain licences, or indeed completely doing away with them where appropriate. This is a helpful suggestion. I will certainly ask my colleagues to examine the idea in the context of their fee reviews and take it forward as far as practicable.
Some Members have expressed the view that the Administration ought to be flexible in bringing fees and charges to the full cost recovery level. Let me assure Members that, in determining fee levels, we always take public acceptability and affordability into consideration. We do not apply the full cost recovery principle rigidly, and indeed there are many cases in which we are recovering full costs by phases.
There has been a call on the Administration to limit the fee increase this year to the rate of inflation. I would like to make it clear that the majority of our fee revisions are in line with inflation. There may be occasions where the fee increases need to be higher than inflation, for example where we are phasing in full cost recovery or where operating costs have increased substantially as a result of service improvements. Nonetheless, I can assure Members that whenever the revisions would be too high in percentage or dollar terms, we will carefully consider phasing them in over a reasonable period.
Helping business
Last but not least, I would like to elaborate on the Financial Secretary's initiative to make the Government more user-friendly for business. I would like to thank the Members who spoke on the subject for their support of our Helping Business initiative. Under my chairmanship, the newly formed Task Force on Helping Business has already met twice in the past month. We are determined to ensure that the Government will play a positive and proactive role in making Hong Kong a place for business to thrive. Our focus will be on cutting red-tape (including doing away with unnecessary licences and permits), streamlining regulatory activities and nurturing a pro-business Government culture and practice.
In the first phase of our programme of work, we plan to undertake several pilot projects. We will examine the present methods of payment and collection by Government for business transactions, the possibility of placing Government forms on the Internet, the feasibility of establishing a one-stop business licence information centre and the ways and means of improving the processing of land exchanges, lease modifications and the related premium assessment and appeal procedures. We will also examine if we could provide an up-to-date Hong Kong Background Facts service to the business sector. In addition, there will be two departmental studies of the regulatory activities of the Marine Department and the Trade Department.
I hope to complete all these studies in the next three to six months. I will, of course, aim to report progress to the relevant the Legislative Council Panel from time to time.
With these remarks, Mr Deputy, I urge Members to support the Bill.
徖ネ褐璓勉瞶畊ネさぱ莱某琍戳セЫ祇ē┮矗璶ㄆ兜ぇ玡и稱ビさ癩現徖ネ褐笆ノ竒盽秨や菠禬筁390货じㄤい徖ネ秨や226货じτ褐秨や玥165货じ籔ゑ耕硂ㄇ秨やΙ埃硄等常Τ龟借糤徖ネ秨や糤碩4.4%τ褐秨や糤碩玥14.7%
褐
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琌糵稸瞶癩よΑ耎甶и-
狝叭и-
⊿Τ笻は癩現箇衡ま
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–摸侯穿よ秨や﹚膀セ秨や箇衡硂ㄢぃよ猭眔╯挡狦が澸и-
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穝骋笆︽︑きるㄓ礚斗眖侯穿肂莱Ι搭僚璸衡肂糤66%琘ㄇ摸侯穿ㄒ虫克埃烩侯穿т戮る┮寥ョ莉计僚璸衡и-
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蔼闹瑉禟
Τ某某現┎ョ莱赣烩蔼闹瑉禟矗ㄑ硂兜璸购τ瑉禟肂セōョ莱ぉ浪癚闽材兜某и獺產常秆–るい瓣﹚﹡侯穿ρ祇蹿兜ㄣ砰逼よ穦Τㄇ螟и辨Θ狝硂ㄇ螟礛σ納琌Τ惠璶の莱赣烩蔼闹瑉禟矗ㄑ妓璸购︓材兜某蔼闹瑉禟籔侯穿ぃ玡ぃ琌惠璶祇硂兜瑉禟璸购ョ礚斗ㄑ蹿矗蔼瑉禟肂や穦讽胑и獺笲ノΤそ┊и-
ゲ斗栋い戈方э到êㄇΤ惠璶矗ㄑ穿
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и-
某糤砞ρユの眃贾瑉禟ョカチ舧ョΤ癸и-
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ミユ伴眖τэ到-
┮莉眔や穿и-
伐辨镑躬纘ρ把籔竤砰眃贾のユ笆硂妓-
獽竚ō耕跋や穿呼蹈τ痲狦瑉禟ぃ琌ノ把籔跋笆ㄤノ獽穦搭ぶи-
粄醚┮璹ヘ夹ゲ斗籔龟悔逼眔キ颗и-
瞷タ╯︙虏て祇硂兜瑉禟も尿荷秖搭ぶビ烩瑉禟陈沸τ搭淮矪瞶ビ叫
ρ
ρ現郸
瞷и稱碞某癸ρ拜肈祇種ǎ莱酚臮ρ琌и-
璶矪瞶ぇセи-
穦ρ糤砞43丁跋いみ1 600︘盝肂12や產叭瞶钉の甶洛励のρ弘舱さ癩現и-
穦笆ノ102货じρ矗ㄑ胺眃臔瞶洛励褐狝叭㎝穦玂毁籔き︓せゑ耕糤13%硂掸挤蹿徖ネの褐ㄢ絛氓俱砰癩現箇衡い┮ゑ瞯菠菠だ獺某常穦種硂琌掸獶盽胑挤蹿ì靡и-
璓êㄇ把籔砞さぱ翠э到ネ
ぃ筁и-
莱﹚戳浪癚ρ現郸セ翠挡篶のρ┮惠狝叭┦借琌穦ぃ耞锣跑и-
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ρ狝叭甶钉の穦呼蹈
︗某ボ惠璶眏ρ甶狝叭и-
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р瓃兜狝叭Τ╰参栋い癬ㄓи-
そガ兜穝惫琁р跋盡穨のв腀舱麓癬ㄓ籔惠酚臮ρ钡牟и-
跋羆褐ヴ盢羛現┎ㄤΤ闽场览冈跋伐惠酚臮縒﹡ρ虫и-
穦眖跋ず诀篶┪舱麓︹矗ㄑ狝叭㎝竡獽砞ミ呼蹈籔惠酚臮ρ﹚戳玂钡牟-
矗ㄑや穿㎝珹Τ惠璶锣ざㄏ-
莉眔続讽狝叭и-
盢甶秨兜戳ㄢ刚喷璸购肂笆ノ1,700窾じρ狝叭いみ矗ㄑ盡穨
徖ネ
瞷琵и锣酵徖ネよㄆ﹜
胺眃いみ
︗某癸ρ胺眃いみㄏノ薄鶪ボ闽猔и-
ョ秆硂兜狝叭ㄏノ瞯场だ琌ρ癸箇ň痚痜阀├耕ネぃ筁眖硂ㄇいみ程祅癘计ㄓ靡ㄏノ硂兜狝叭ρら亥糤秈˙矗蔼ρ胺眃いみㄏノ瞯и-
览﹚疭肚璸购崩約硂ㄇいみρ胺眃いみ籔跋某穦快胺眃玃秈笆矗蔼胺眃いみ跋禜
膀糷胺眃狝叭
膀糷胺眃狝叭よи-
翴琌玃秈胺眃の毙▅场だ某纯碞и-
Τ硂兜矗ㄑì镑挤蹿ボ闽猔и稱眏秸翴碞琌"玃秈胺眃"乎烩絛氓挤蹿ゼìは琈現┎玃秈胺眃の毙▅よ场秨や"箇ň痚痜"乎烩絛氓崩︽兜い玃秈胺眃の毙▅琌ぃ┪吏硂ㄢ乎烩絛氓莉眔挤蹿肂耕き︓せ糤11.5%Τ闽秨や徖ネ竝┮莉羆挤蹿肂33%洛励臔瞶の眃確狝叭乎烩絛氓矗ㄑ狝叭癸玃秈胺眃よョΤ腊и-
挤8,000窾じききるΘミ胺眃臔瞶の玃秈膀眏玃秈胺眃の箇ň痚痜
筁计и-
蹦兜穝惫琁眏玃秈胺眃の箇ň痚痜ㄒ刚喷よΑ砞ミ跋胺眃の秨砞丁包胺眃いみのρ胺眃いみ单场だ某璶―糤硂ㄇいみ计ヘㄆ龟и-
璸购せ︓盢跋胺眃耎甶︓纒ㄢ跋糤砞丁包胺眃いみの丁ρ胺眃いみ挪硂ㄇА穝崩︽惫琁и-
穦盞ち菏诡Τ闽狝叭矗ㄑ薄鶪の╯程ㄎよ猭盢硂ㄇ狝叭耎甶︓翠ㄤ跋
的徖ネの現郸
妓的徖ネ現郸よи-
ョ躬纘カチ猔種的徖ネの箇ň眞и-
厩玡ㄠ担の厩ネ矗ㄑ玃秈睛胺眃の箇ň眞狝叭磃厩ネ计Τ546 000и-
獺硄筁躬纘厩担猔種的徖ネの箇ň眞Θ睛胺眃ゴ膀娄ㄏ-
眔タ絋的臔瞶盽醚緄Θ猔種的徖ネ策篋眖τ玂睛胺眃
現┎狝叭矗ㄑぉΤ惠璶钡候獀励カチそ犁洛皘ず钡盡獀励痜珹Τ疭惠璶の胓毙诀篶ず狝
胺眃洛臔戈
胺眃洛臔戈硂璶拜肈场だ某眏秸╬犁诀篶干ìそ犁洛皘狝叭よゲ斗膥尿踞讽Τà︹ㄏ讽Ыр瞷Τ戈方栋いノㄓêㄇΤ痷タ惠璶矗ㄑ戈洛臔狝叭瘤礛и-
荡癸Τ瞶パセ翠洛励狝叭借稰藕镀и-
ョ癸よ珼驹珹カチ戳辨ら亥矗蔼洛励Θセぃ耞どのら镣ρて穦ゲ斗碞セ翠胺眃洛臔莱︙祇甶∕﹚ㄏи-
セ翠祙瞯莱瓃珼驹ヘ玡и-
タ╯硂よ┮疉の狡馒拜肈獽﹚环郸菠讽礛硂筁祘いи-
﹚穦σ納某矗兜種ǎ戳辨崩︽硂ㄇ某眔セЫや
俱砰τēセ箇衡碩糤徖ネ褐よ挤蹿肂硂盢Τи-
笷璓狝叭ヘ夹翠カチ磃
谅谅瞶畊ネ
ゅ眃約冀璓勉瞶畊ネセЫ计︗某璶―玠搭┪Ч僚ㄈ瑆筿跌Τそ"ㄈ跌"の筿跌約冀Τそ"礚絬"盡祙程祇Μ禣筿跌浪癚吭高ゅンいи-
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ョ睲贰и-
贾種钮約冀诀篶のㄤ種ǎτさΩ吭高戳丁и-
讽礛ョ穦钮硂ㄇ㎝約冀诀篶種ǎ
Μ禣筿跌浪癚吭高ゅンのる祇︑匡紇钩狝叭吭高ゅンいи-
睲贰弧パм祇甶ǔ硉и-
穦浪癚セ翠筿跌カ初の筿跌現郸パ浪癚穦秈︽┮и-
⊿Τせ︓箇衡い箇痙挤蹿〆竨臮拜そ秈︽筿跌カ初╯ぇノ琌и-
穦︓癩現秈︽硂兜╯浪癚膀娄
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и-
糵稸╯のσ納某い筿紇〆穦戮某戮いΤ场だи-
瞷Τ狝叭Τ矗ㄑτㄤョ珹癩現烈崩約狝叭穨盡砫舱┮﹚乎烩ぇずㄒи-
籔翠禩祇甶Ы"禩祇Ы"秨﹍癚阶セ翠羭快筿紇甶綪穦ㄆ﹜и-
ョ穦籔禩祇Ы坝癚╯硓筁赣Ы崩約セ翠筿紇穨讽礛и-
﹚穦膥尿籔筿紇玂縩伐癸杠の砞猭э到и-
筿紇穨矗ㄑ狝叭癸膙Τ戈方薄鶪現┎龟礚猭や砞ミ斗そ┊戈诀篶某
и-
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谅谅瞶畊ネ
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ョ瞏и-
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穦蹦盡產舱某材顶琿郸菠┦γ逼璸购甶秨膥尿浪癚薄鶪∕﹚盢ㄓ矪瞶γ惠璶单
谅谅瞶畊ネ
SECRETARY FOR TRANSPORT: Mr Deputy, may I begin by thanking all those Honourable Members who attended the special session of Finance Committee to discuss transport issues as well as those who have spoken during this Budget debate. I am particularly grateful to the Honourable Miriam LAU, the Honourable WONG Wai-yin, the Honourable CHEUNG Hon-chung and the Honourable LAW Cheung-kwok for reflecting the aspirations and views of the parties to which they belong. This has provided us with a useful pointer regarding our transport policies and programmes.
The underlying message that has emerged is that the Administration must continue to invest in the transport infrastructure. This is precisely the approach that has been adopted by the Administration as evidenced by the $25.6 billion spent on capital projects on transport over the past five years. And let me assure Honourable Members that in the years ahead the Administration will continue to invest in new roads and railways to provide a comprehensive network for an efficient transport system capable of meeting the economic, social and recreational needs of the community into the 21st century.
Some Members have been skeptical, citing the 9.1% reduction in total expenditure on transport in the 1996-97 Estimates. But this needs to be put in perspective bearing in mind that expenditure on transport related projects in the Airport Core Programme peaked in 1995-96. If this is set aside as it should be, and we focus only on expenditure on roads and other transport projects, this year's Estimates actually provide for an increase of $765 million over 1995-96. This represents a real growth of 8.7%.
Mr Deputy, what has to be recognized is that infrastructural transport projects inevitably require a long lead time from inception to planning, to implemention and, ultimately, to completion. The amount of funding required for new projects should therefore be considered over a longer time span and, what is more, other factors must be taken into account in determining the actual amount of money that needs to be provided in any one financial year. For example, funds may not be required until we are ready to proceed with consultancies or engineering feasibility studies. And, thereafter, the provisions spread over a number of years taken into account the actual construction time-table.
I am glad that the Honourable Miriam LAU supports private sector participation in the development of transport infrastructural projects. This is exactly what we have been doing. The Western Harbour Crossing and the Route 3 Country Park Section together cost over $14 billion, and are two notable examples. But not all projects are suitable for private sector participation because they may not be commercially viable. Let me stress there is no question of the Government not proceeding with justified projects simply because we cannot proceed by way of BOT. For example, in the case of Route 16, a major road project linking Tai Wai in the New Territories and West Kowloon, we are now considering the option of funding this project, estimated to cost over $4 billion under the Public Works Programme.
Mr Deputy, the Administration's determination to invest in the road infrastructure is reflected in our five-year forecast with $28.7 billion earmarked up to the financial year 2000-2001. Many other administrations would be envious of this amount of funding for transport and, indeed, the business environment we have developed to attract BOT investments.
Turning now to railways, the blueprint for the future has been embossed in the Railway Development Strategy. I acknowledge the strong support for the implemention of our three top priority projects, namely the Western Corridor Railway, the Tseung Kwan O extension and Ma On Shan to Tai Wai link coupled with Hung Hom to Tsim Sha Tsui loop. Honourable Members have commented at length and, in particular, have urged the acceleration of these three railway systems.
Let me briefly re-cap the present position. What the Kowloon-Canton Railway Corporation (KCRC) did last November was to submit their outline proposal for building the WCR. The Corporation now needs to carry out more detailed studies to provide the necessary information to support in-depth consideration and discussion with the Administration, so that a project agreement can eventually be drawn up. Likewise, the Mass Transit Railway Corporation (MTRC) is in the process of finalising their recommendations for building the Tseung Kwan O extension. We expect to commence dialogue with the MTRC within the next two months. Separately, the engineering feasibility study on the third priority is expected to be completed by the end of this year. We shall then be in a better position to determine how best to take this project forward.
All these three priority projects present enormous engineering, legal, land, environmental and financial dimensions which will require detailed scrutiny and, in fact, much of 1996 will be taken up in examining these complex issues. This has been envisaged and included in the overall timetable. The Administration will also be drawing up the legislative framework and deciding how best to tackle the land resumption problem. However, this does not mean that the two railway corporations have to sit back and wait. There is plenty of preparatory work they can and need to undertake in tandem.
Some Members are concerned that apart from the $15 million that has been earmarked in the estimates for the provision of additional staff to handle the planning work involved, the Administration has not provided any equity injection for the three railway projects. Funding now will be premature since we have yet to agree on the final alignment, costs and financial parameters. But what is important and significant is that the Financial Secretary has put down a specific marker in his budget speech, recognising the need for Government funding. Let me quote him. "One of the probable calls on these funds will be the need for capital injections into the KCRC and perhaps the MTRC towards the cost of the priority railway development projects. At the present time, the precise cost, timing and mode of financing of these projects are uncertain."
One final point on railways. We have kept the Chinese authorities up-to-date on the present state of play on these three priorities and, as is the requirement for all major projects straddling 1997, we shall need to consult them before firm decisions are taken.
Mr Deputy, let me now deal with the other common points raised by Honourable Members. These relate to traffic management in general and Electronic Road Pricing and the parking problems in particular. These subjects have been discussed at recent meetings of the Legislative Council Transport Panel and, whilst I look forward to further exchanges of views in that forum, I would nonetheless like to provide a brief response now.
As for traffic management schemes, this is an on-going exercise. In 1995 Transport Department implemented over 1 800 projects ranging from the introduction of no waiting and no parking zones in busy districts to the implementation of the bus-only lane on Tuen Mun road. Major road junctions on Hong Kong Island, in Kowloon and Tsuen Wan are already largely controlled by computerised traffic lights. In July this year, we will call for tenders to extend the area traffic control system to Sha Tin. On a broader front, subject to funding approval from Honourable Members, we shall proceed with the consultancy study on major bus only lanes.
Electronic Road Pricing (ERP) is, of course, another major traffic management initiative. I thank the Honourable WONG Wai-yin for his confirmation that the DP supports our proposal for a feasibility study on introducing ERP. Having regard to the views expressed by Honourable Members, we are now giving further thought to what we should ask the consultants to do and will seek funding from Finance Committee shortly. We remain firmly of the view that ERP is an efficient, equitable and flexible way of dealing with traffic congestion.
The other timely issue raised is the parking problem we face. Honourable Members will be aware that we have commissioned a Parking Demand Study to examine the problems and recommend remedial measures. The study has provided us with invaluable information on the supply and demand of parking spaces for private cars and goods vehicles. We are now in the process of inviting and receiving comments on the findings and recommendations of the Study. My senior deputy in the Branch is leading an inter-departmental Working Group to develop a specific action plan by August this year.
Mr Deputy, let me conclude by reiterating that we should not be shy in acknowledging that we have a good, efficient transport system in Hong Kong. More important is the fact that we can, by working together as partners, make it even better. The Administration is serious about tackling transport problems. Since the implementation of policy proposals and programmes often require legislation and funding, we need Honourable Members' full understanding and support if were are to achieve positive results.
Thank you.
SECRETARY FOR SECURITY: Mr Deputy, at the debate on the Governor's Address in this Council on the 2 November 1995, I outlined the policy directions in the Security Branch's programme areas, and the steps that we would take in the coming year to implement these policy directions. I am pleased to say that the provisions in the 1996-97 Budget enable us to fulfil our pledges.
To Meet the Community's Aspirations
Combating crime
There is no doubt that the community places particular importance on the maintenance of law and order. Violent crimes, and triad-related crimes are the two areas where the average men or women in the streets are most concerned about. We have achieved substantive success in reducing violent crimes: the violent crime rate has decreased by 6.4% in the past three years; more noticeably armed robberies have decreased by 44% during the same period. Triad-related crimes, however, have not shown a similar down-trend. We have, with the support of this Council, put in place tough legislation the Organized and Serious Crimes Ordinance; we have last year strengthened the intelligence capability of the Organised and Triad Society Bureau; we have put in place a witness protection scheme, and are planning to introduce new legislation shortly on change of identity for witnesses. In the coming year, the Budget provides for a substantial increase in the strength of Police Regional and District anti-triad units. I am grateful for Honourable Members' support for this proposal. When all these elements are put in place, we should see results in our unrelenting war against triads.
We will also be giving some relief to our hard-pressed policemen at the front line, by taking a first (but by no means the only) step in providing leave and training reserves. Taking this and other proposals in the Budget into account, we will be increasing front-line police strength in the coming year by 370 posts, which I also believe to be in line with the community's wish and with this Council's wish.
I make no apologies for the fact that 56% of the recurrent expenditure allocated to Security Branch's programme areas is earmarked for the police. The Police Force is by far the largest disciplined department; the police establishment is just over 56% of the total establishment of the disciplined services. Its remit is wide ranging, from dealing with street crimes, to protecting the integrity of our borders on land and at sea, to regulating traffic flow, and to tackling complex and sophisticated commercial crimes. I believe it represents a fair balance in the allocation of resources. Nor are we neglecting the needs of the other disciplined services.
Fire and ambulance services
The protection of our citizens from fire hazards will be significantly enhanced in the next financial year:
- by providing 312 additional posts to strengthen the capability of three existing fire stations and for commissioning five new stations, and
- by providing the necessary resources to put into effect new legislation to improve fire safety in older commercial buildings, which will be introduced soon.
Some Honourable Members have expressed concern on the need to improve our ambulance service, which had fallen short of our performance pledge last year for a variety of reasons, some of which (such as congested traffic and unusually wet weather) are beyond our control. We have taken the initiative to engage a consultant to help us identity means of achieving better results. We have already put into effect those recommendations which require no or limited additional resources, for example redeployment of existing resources to meet critical shortages, and transferring non-emergency ambulance service to the Auxiliary Medical Services. Together with a modest increase in additional resources provided in the Budget, these recommendations, when fully implemented, should enable us to respond to 92.5% of emergency ambulance calls within a 10-minute travel time. The recommendations which require additional resources will be examined with vigour to determine how we can achieve the longer-term performance target of 95%; that will be high on my priority list for the coming year.
I note that some Honourable Members would like us to switch our performance target from "travelling time" to "response time". The strategy recommended by the consultant, with which we agree, is to first reach our longer-term target based on "travelling time" before switching to "response time". Changing to a target response time, by itself, does not improve our services to the public. But in preparation for the time when we are able to make the switch, I have asked the Director of Fire Services to begin collecting data on the current "response time" for the Ambulance Service, so as to provide the necessary information to enable us to draw up a meaningful "response time" target in due course.
Correctional services
Honourable Members are well aware of the critical shortage of prisons accommodation, which increases pressure on our colleagues in the Correctional Services Department, makes it more difficult to maintaining discipline in the prisons, and erodes the effectiveness of our rehabilitation programmes. Let me repeat once again: ceasing to prosecute immigration offenders is not a solution which the community will accept. Indeed, it is in response to the community's wish that we have stepped up enforcement action against illegal employment. We need to increase the supply of prisons accommodation. Obviously, the necessary staff will also be provided to the Correctional Services Department to run these additional prison facilities. Through redevelopment, we will provide 450 extra places in Chi Ma Wan and Stanley in the coming year; further redevelopment projects in Tai Lam and Stanley (Phase II) will provide another 760 places; we are pursuing the proposal of converting the ex-Army Camp at Lowu into a minimum security prison in a way which will have minimum impact on nearby residents. We will of course continue to consult the North District Board on this proposal. Although these measures together would bring significant relief in the coming three years, we will continue to search for other accommodation options to tackle prison overcrowding.
The fight against drugs
Drug abuse, especially amongst the young, remains a matter of grave community concern. Every effort is made to tackle this pernicious problem, through stepping up law enforcement, education and publicity, treatment and rehabilitation, international co-operation and research. I am grateful for Honourable Members' support for the establishment of the $350 million Beat Drugs Fund. Applications will shortly be invited, and the first disbursement from the Fund will take place later this year. We have not reneged on our pledge to increase subventions to non-governmental organizations: two additional residential treatment facilities for young opiate abusers and one counselling centre for psychotropic drugs and substance abusers are provided for in the Budget. Meanwhile, we have begun preparations for the next Governor's Summit Meeting on Drugs, which is expected to take place in late May. I look forward to new ideas and concrete action plans emerging from this Sitting, which will as before tap the expertise and enthusiasm from a wide cross-section of the community.
In step with the times: improving efficiency and service
The immigration services
Pressures on us to facilitate the movement of people in and out of Hong Kong efficiently have continued to increase. Over the last five years, passenger trips across our land, sea and air entry points have increased by 33%. Despite this, we have generally been able to maintain our performance pledge of clearing 92% of the passengers within 30 minutes, through a combination of additional resources, redeployment, efficiency improvements, computerisation and the use of advanced technology such as Optical Scanners. At the same time, we have through the application of information technology produced savings in the order of $190 million (613 posts). In this financial year, we shall see further improvements in the land border at Lok Ma Chau, with the increase of one vehicle kiosk and five passenger counters. We have also provided sufficient resources to cope with the additional workload arising from the increase of the One Way Permit Quota from 105 to 150 per day, and to extend the scope of the Direct Visa Application Scheme. We have just completed a consultancy study on how to improve efficiency further in the immigration control points at the Airport, and I look forward to improved performance in the year ahead. Let there be no doubt about the efficiency of the Immigration Department to respond to fast-changing developments: the tremendous response by the Department in recent days to cope with the flood of applications for naturalisation is a clear testimony of this.
Police Management Review (PMR)
We have kept faith with our commitment to continue the task of implementing recommendations arising from the PMR, which will ultimately enable us to have one of the world's most modern Police Force. We have already implemented nine of the Review Reports. In this financial year, we will begin to implement 12 more Reports which means that nearly half of the PMR Reports will have been implemented. Furthermore, through the increasing use of modem communication and information technology, we have been able to release a good number of professionally-trained police officers to front-line operational duties. In this financial year, we will be spending an extra $190 million in computerisation, and $31 million in modernising communication equipment.
Honourable Members will recall that the Commissioner of Police announced in March last year his commitment to the development of a Service Quality Strategy. The Strategy aims to ensure that the Force provides an effective, efficient service of high quality to the public. It involves the development of a customer-based culture, and the provision of training in "quality management". As part of the Strategy, the Force has recently conducted an opinion survey on public perceptions of the Police and its performance. This was released yesterday. We will carefully study the findings of the survey to determine what needs to be done to further improve the quality of service of the Police in order to keep up with the time and the expectations of public. We welcome constructive suggestions from Honourable Members and the public in this process.
Looking beyond 1997
As a forward-looking Administration, our planning horizon extends across 1997. Certainly our programme of implementing the Police Management Review extends across 1997; likewise our search for improvements in our Ambulance Service, our plans for increasing prisons accommodations, and the progress we are making towards providing the necessary security, safety and immigration back-up for the new Chek Lap Kok Airport. I wish, however, to highlight a particular area where we are making significant headway to tackle the challenge of a smooth transition. With the support of this Council, we have acquired $160 million for a computer system to produce the new Special Administrative Region (SAR) passport. The Budget provides for 60 new posts to take forward the planning and computerisation work, so as to enable us to begin issuing SAR passports from 1 July 1997. This is an important part of our work towards a smooth transition, but we will continue to press for early discussions with our Chinese colleagues to resolve the remaining problems of right of abode, and on how to achieve maximum travel convenience for Hong Kong residents post-1997, building on the British Government's decision to grant visa-free access to SAR passport holders.
Vietnamese migrants
Like Honourable Members, I wish to pay tribute to the professionalism, courage and perseverance of our disciplined services, in particular our colleagues in the Correctional Services Department, who have been at the sharp end in coping with the Vietnamese migrants problem. We had a bad year in 1995; I believe we are now seeing the turning of the tide. In the whole of 1995, we had about 1 600 Vietnam migrants volunteering to return to Vietnam; in the first three months of this year, we already have 1 500 volunteers. That of course is still far short of the sort of figures which will enable us to clear the camps by mid-1997. Much remains to be done, in seeking the co-operation of the Vietnamese Government to clear all, I repeat all, the remaining Vietnamese migrant caseload, to step up the Orderly Repatriation Programme and to encourage more voluntary returns. The decision announced yesterday to release a small number of Vietnamese migrants from detention, as a consequence of the Privy Council's recent judgement in no way affects our determination to achieve our goal. We will also do our best to enable our Correctional Services Department colleagues to better face their arduous tasks, to give protection to them against the possible dangers, and to seek to reduce the burden on them by speedy repatriation. Let me also take this opportunity to make it clear to the Vietnamese migrants in the camps: your only future lies in returning to Vietnam.
Security Wing
My colleagues in the Police Force have explained the role and functions of the Security Wing during a special briefing to some Honourable Members held last Monday. I hope that Honourable Members would agree that it performs an essential service in protecting the public against threats to their safety and security that cannot be dispensed with. In addition, the work of the Security Wing is essential to enable us to meet our international obligations such as the fight against terrorism, trade in strategic goods and the protection of visitors who are at risk to personal dangers. I appreciate that some Honourable Members may still have other points to raise on Security Wing; we can, of course, continue to discuss these in the appropriate forum, such as the Legislative Council Security Panel in a manner which protects the necessary degree of confidentiality that such a sensitive issue deserves.
Thank you, Mr Deputy.
癩竒ㄆ叭璓勉瞶畊ネиさぱ璶碞竒蕾箇代の处靡ㄩそㄢㄆ兜祇ē
竒蕾箇代
场だ某粄и-
さ竒蕾箇代筁贾芠Τи瞶秆-
┕┕穦盢竒蕾箇代籔らぃがゑ耕硂琌瞶秆讽竒蕾紇臫薄鶪ぷ港礛闽竒蕾瞷箇代種ǎぃ穦璓╬犁诀篶箇代ョゼゲ穦籔現┎箇代ぃ筁и谋眔硂Ω╬犁诀篶癸せセネ玻羆糤瞯箇代"碩よ会Τ醚"籔и-
箇代5%糤瞯龟悔璓璝场だ╬犁诀篶だ猂產А粄糤瞯穦ざ4.5%︓5%ぇ丁τぶ计だ猂產玥粄糤瞯莱赣蔼
и-
ぃ穦咎箇代–Ω絪籹┪璹竒蕾箇代и-
穦蹦ノ甅Щ芠竒蕾璸秖家Α硂家Α瞇籠セ翠竒蕾い兜惠―璶絛氓τ硂ㄇ絛氓侯癬ㄓ獽篶Θ俱砰竒蕾瞷禩吏珹Τの礚禩,琌ㄤい璶絛氓;τ瞇籠禣籔щ戈セず场惠―,玥琌璶絛氓硂家Α筁祘Ч计ボ現┎参璸矪秖计沮ㄌ沮и-
ョ砞Τ舱Θ珹Τ闽场赣舱籔и-
竒蕾臮拜ㄤ┮Τ闽ず程穝祇甶蝶︳崩︽赣家Α┮眔挡狦虏ēぇи-
―荷╰参ての厩てよ猭絪籹箇代Τ闽箇代冈薄繦箇衡簍勉祇夹非ゅンせ竒蕾甶辨Τ冈灿秆睦
甶辨せ翠竒蕾玡春и-
Τ瞶パ稰贾芠瘤礛戳ゑ耕膀非熬蔼さㄢるセ翠ご礛Τ骸種糤繦セ翠ア穨瞯祔稬τ布蒥初の︘穨蒥笵今さㄓど墩尿翠薄狐ǎ锣τ禣潦禦種饼ョ辨э到诀初み祘璸购砍祘瞷タ秈︽眔猖и-
ョ崩︽兜崩約惫琁Τ闽狝叭︽穨糤ョΤ硂︽穨祇甶硂ㄇΤи-
Τ瞶パ獺竒蕾糤硉確礵笷い戳镣墩糤瞯︓硄等拜肈せㄢる璸ヒ摸禣基计耕癸糤6.2%环耕и-
箇代硄等瞯7.5%и-
粄ず硄等ご穦秈˙絯疭琌セず场よ砯基镣铆﹚埃獶瞷ぃ祇甶ㄒい瓣瓣程磃瓣禩︗ぃ莉┑尿玥さ莱眔耕е竒蕾糤τ硄等絯薄鶪玥穦耕陪
处靡ㄩそ
癩現箇衡ずョそガ現┎璓崩約磕狝叭穨ㄤい兜琌秈︽╯贝癚莱翠砞ミ处靡ㄩそи猋眡そ渤ョ珹琍戳臛阶い矗種ǎ某癸璸购会觅Θи癑み谅某や硂ㄇやи-
獶盽躬籖и-
ョ妓稰谅硓筁肚碈ボ癸某Τ璝玂痙-
纯竒矗ㄇ種ǎ璶―и-
猔種ㄇ瞷繧の斗糵稸╯处靡ㄩそ莱︙贺ΑΘミ莱翠縒疭惠璶
и-
讽礛秆タヴ︙摸磕いざ诀篶妓Θミ处靡ㄩそ獶礚繧处靡ㄩそ癸繧璶Τ摸碞琌獺禪繧╄┿笻瞯繧戈玻籔璽杜瞯ぃτ瞷岿皌矗玡纕繧╄┿戳临蹿玡计┪场だ纕临禪蹿の笲繧处靡ㄩそず场笲ま璓繧ùさゎи-
吭高翠の蒥初眖穨の盡產┮眔種ǎ琌硂ㄇ繧ㄆ龟Т到恨瞶
场だ癸籔瓣处靡ㄩそ纗籛獺禪そのらセ︘盡处靡ㄩそΤ闽拜肈ボ闽猔┪琵и祔坚睲戳瓣处靡ㄩそ絋纯笿獺禪の瞯繧蹦ノ竒筁э到繧恨瞶м砃赣单そ瞷竒琌犁蔼铆胺诀篶某Θミ处靡ㄩそ盢穦到ノ瓣竒喷盡穨よ猭恨瞶繧у祇Α诀篶赣そ笲よΑ籔瓣纗籛獺禪そぃ矗ㄑ箂扳Α︘处狝叭籔蝗︽砰╰膙瞷某处靡ㄩそョぃ穦ラらセ"︘盡"暗猭︘盡处靡ㄩそ钡禪蹿戈坝ノ玻┮иゲ斗ビ丁у祇Α磕いざ诀篶瞷и-
矗某处靡ㄩそノ琌盢蝗︽砰╰戈栋い繧の瑈笆戈繧耕キАパ磕だ踞赣そぃ穦籔蝗︽膙ョぃ穦钡禪蹿戈坝ノ穨
︓現┎︙莱处靡ㄩそ穨叭よ踞讽烩旧à︹拜肈︗某┪穦癘眔︑戳秨﹍╬犁诀篶籔現┎盞ち猔種材处蒥初祇甶讽纯瞷獶盽Τ处靡ㄩて蒥初パ祇︽布沮瑈笆┦蒥初礚猭墩尿祇甶兜パ翠磕恨瞶Ы籔╬犁诀篶
快╯い╬犁诀篶璝璶蒥初把籔矗阶靡パ現┎や处靡ㄩそ盢穦材处蒥初祇甶矗蔼戈瑈笆秖玻珇购┦の┮惠蒥初笆╬犁诀篶祇︽布沮硂ㄇ借礚猭崩笆蒥初祇甶处靡ㄩそ惠璶秨﹍莉絋や硂癸赣そ莉眔蒥初钡Τ腊眖約竡ㄓи-
だ猂陪ボ处靡ㄩそ穦蝗︽磕の处磕戈よ盿ㄓ兜矪и-
粄現┎﹜踞讽烩旧à︹獽崩︽兜璸购
处靡ㄩそ盢穦蝴翠磕砰╰龟の铆﹚よш簍璶à︹ウ矗ㄑ兜璶硚畖ㄏ戳纗籛蹿眔笲ノщ戈戳戈玻ョ︘处眖纗籛àㄓ崩︽眏┦そ縩そ縩の癶ヰ糤龟Τ苦щ戈蔼借戈玻璝祇甶胑τ碔瑈笆┦材处蒥初处靡ㄩそ盢Τ矗蔼翠瓣悔磕いみ羘臕の︗
谅谅瞶畊ネ
毙▅参膚璓勉瞶畊ネ︗某琍戳箇衡臛阶い癸毙▅のㄆ兜ボ闽猔祇Τ砞┦㎝やи-
種ǎи-
だ谅-
и辨и弧杠莱-
程闽猔拜肈
毙--
и稱酵毙▅и籔︗某妓瞏ち秆毙▅璶┦毙▅膀セヘ夹琌祇甶ㄠ担肩ㄏ-
らΤ縒ミσ㎝闽み穦ㄣ称醚м癸穦縩伐癪膍蚌緄-
ぃ砍届ま旧-
荐稲ネ㏑癸毙▅щ戈ョ琌癸и-
ゼㄓщ戈絋玂翠膥尿﹚羉篴㎝ネ伦肝
タ琌硂ㄇ毙▅琌現┎程秨や兜ヘせ︓ノ毙▅よ秨や盢膥尿現┎某竒盽秨や20%
иゲ斗眏秸翴碞琌硂箇衡矗ㄑì镑挤蹿龟筋и-
き現郸乎いΤ闽毙▅兜穝┯空и-
ョぃ莱┛菠尿秈︽胑э到璸购
硓筁パ翠毙▅厩皘のㄤ皘矗ㄑ揭祘眏畍戈蚌癡
矗ㄑ肂厩厩︗毙畍戮︗
êㄇ魁秖耕Θ罿舱厩ネ厩
腊い瓣穝簿チ厩担钡毙▅の-
磕セ翠毙▅
崩約ヘ夹セ揭祘︓┮Τ厩
р瞷ら厩锣ら
硓筁厩э到璸购э到瞷厩毙厩㎝厩策吏挂
硋˙い厩疊笆痁
︓ㄤよэ到и獺︗某睲贰┮иぃゴ衡硂冈瓃
疭毙▅よи稱ビ毙▅〆穦セいЧΘΤ闽浪癚и-
獽穦冈灿σ納浪癚挡狦
ぃ筁и-
荡ぃ穦肞居は笿Τ拜肈祇ネ┪穦癸琘ㄇ毙▅ㄆ兜ボ闽猔и-
常穦ミ蹦︽笆琵и羭ㄢㄒ材ㄒ琌毙▅参膚〆穦る祇矗蔼粂ゅ材せ腹厨程ゅセи-
ぃ钡厨┮Τ某临箇衡い挤┮惠戈方崩︽材顶琿璸购
材ㄒ琌さぱи蔼砍產ガи-
ЧΘギ竂堕戈璸购浪癚莉セЫ癩叭〆穦уи-
某パせ︓厩秨﹍糤倒ぉギ竂堕戈肂㎝矗蔼戈篒だ翴沮и-
某ΤΘギ竂堕盢ビ叫戈τ戈肂ぃ虫ゎ酚硄等临穦臮の毙畍–羱碩秸俱
ぃぶ某酵蔼单毙▅㎝膀娄毙▅戈方だ皌拜肈и︗某玂靡毙▅よи-
蹦俱砰現郸ョ眏秸–毙▅吏竊琌が候Ι㎝┘皌и-
琂礛竒笷矗ㄑ14 500材厩厩︗揭祘厩肂ヘ夹Τ闽闹舱い18%钡蔼单毙▅蔼单毙▅獽莱秈綿㏕戳и-
瞷蔼单毙▅よ翴琌矗蔼盡拨穨ネ借の碝тよ猭Θセи-
盢籔厩毙▅戈〆穦候盞箇戳毙戈穦さ耕丁矗Τ闽某
毙▅参膚и纔矪瞶琌膥尿荷膀娄毙▅碝т穝戈方矗蔼毙▅借и-
ョ璶砞猭挤ㄑ毙▅ノ硚瞷Τ胑戈方镑Μ程Θセ痲и辨硂よ镑㎝ミ猭Ы某毙▅︓產沟㎝穦拟もи瞏獺и-
毙▅щ戈㎝眔Θ狦琌∕﹚翠膥尿﹚羉篴㎝祇甶獶盽璶
よи獺︗某常笵現┎箇衡い碩糤挤肂戈方矗蔼碞穨狝叭挤蹿糤碩盢蔼笷34%現┎粄―戮т碝琌秆∕ア穨拜肈タ絋よ猭徊蚌癡㎝蚌癡璸购絋玂セ翠厩ネ㎝厩程穝м莱セ翠竒蕾ぃ耞э跑惠―
膀硂ㄇи-
程戮穨癡絤Ы秈︽臮拜╯浪癚矗ㄑ穨毙▅の戮穨毙▅﹚环よ皐㎝郸菠и-
盢〆癠臮拜浪癚沟蚌癡璸购郸菠よ皐戈逼の恨瞶琜篶╯盢穦疭蝶︳摸癡絤揭祘Θ絋﹚骸ì沟璶―㎝沟蚌癡惠璶и-
箇戳ㄢ兜浪癚常穦さ甃ぱЧΘㄢ兜浪癚挡狦莱矗ㄑ铆㏕膀娄琵現┎砞璸秸Τ㎝ㄣ称环ヘ夹屡瓜祇甶セ翠戮穨癡絤の蚌癡璸购︓
穨
程и稱︗某玂靡現┎盢穦э到穨の崩︽き翠穨浪癚吭高ゅン矗某и-
笵戮穨胺眃Ы踞讽だ璶à︹и-
穦籔戮Ы候盞絋玂赣Ыゼㄓ计耎甶硂璶烩办籔現┎徊Θ
谅谅瞶畊ネ
THE PRESIDENT resumed the Chair.
┬璓勉畊ネи稰谅︗某碞兜┬拜肈矗種ǎи稱碞よ疭闽猔ㄆ兜莱だ琌ノ┬祇甶ㄑ莱╬加虫︗ㄑ莱秖の︘そ惠―
ㄑ莱よ現┎獶盽跌ノ┬祇甶ㄑ莱и-
ヘ夹琌矗ㄑì镑莱セ翠┬惠璶礚阶癸そ┬┪╬┬ㄓ弧ヘ夹琌妓
Τ闽そ┬よи-
現郸乎篒︓箂箂るせ砏购戳﹚︘その戈︑竚﹡┮虫︗夹笷硂ㄇ夹и-
┬〆穦の┬穦箇痙ì镑τ硂ㄇ絃ョそ┬祇甶璸购ず秈˙玂靡現┎ョ肂箇痙30そ臣倒┬〆穦ㄏノи-
瞏獺﹚镑笷硂ㄇ夹
и-
ョ﹚ヘ夹箂箂る玡Θ24 000Жみ顶糷︘虫︗и-
ョ箇痙倒┬穦ì砍计硂ㄇ虫︗祏戳ずи-
穦︹ㄤ続箇痙倒┬穦砍緇虫︗计ヘ
︓祇甶╬加よи-
璓絋玂Τì镑穝ㄑ莱のе︘加筁現┎–キАу穝禬筁22そ臣き︓せу穝禬筁40そ臣и-
穦膥尿矗ㄑì镑穝砍┬
カ跋よ現羆竝ョΘミ疭舱ㄤい兜碞琌е矪瞶疉の璹の传璸购虏虫ㄓ弧現┎郸菠碞琌絋玂穝ㄑ莱玂铆﹚の躬纘рΤㄤノ硚続絃э︘ノ硚硂ㄇ惫琁盢Τ铆﹚穨カ初骸ìǎ惠―
酵筁ㄑ莱и稱锣酵龟悔秖ㄇ某и-
璶箂箂るぇ玡╬祇甶坝Θ195 000╬加虫︗穦Τ﹚螟癸硂猭и獺璶и-
璓ㄏ穝ㄑ莱秖玂铆﹚安砞カ跋⊿Τ腨┑粇祏戳の环ㄓ弧╬︘虫︗ㄑ莱ì莱カチ┮惠せず盢穦Τ19 000穝虫︗辅Θ菌ㄓ竚36 000 虫︗羆计55 000 虫︗硂у虫︗ì莱痷タΤ種竚穨キА–惠―Τ緇沮и-
瞷Τ戈и-
︳璸ゼㄓ计キА–辅Θ╬︘虫︗计ヘ盢穦碩糤︓禬筁35 000狦镑尿秈︽カ跋杠眖俱砰薄鶪ㄓ莱赣琌骸種絃τēи-
獺丁い瞷拜肈龟┮螟秆∕硂ㄇ拜肈и克︑踞ヴ硂┬祘︽笆舱畊絋玂現┎ず场镑纔矪瞶のΤ瞯糵у硂ㄇその╬犁┬祇甶璸购
某砛Τ砍届稱笵瞷и-
タ菏恨のе糵у54兜┬璸购硂ㄇ璸购盢穦ゼㄓ计ず矗ㄑ禬筁12窾穝虫︗и-
盢穦膥尿籔╬祇甶坝候盞е┬祇甶˙ワ
瞷и稱酵酵︘そ近丁иゲ斗τēキА近丁タ箂キА近丁琌︓き竒罽搭︓程現┎ョ┯空箂箂キА近丁盢穦Ω罽祏︓き硂陪ボи-
―э到∕みタ羆服き琁現厨"硂ぃ琌ン甧"硂タ琌и-
ヘ夹
场だ某闽猔糳﹡チぱ﹡チのい瓣穝簿チ┬惠―筁14るи-
躬纘硂ㄇ┬竝祅癘-
祅癘獽穦莉近そ羆祅癘ぇず讽и-
崩︽そ璸购才戈︘め獽Ω絪皌そ秆∕-
︘惠―硂妓暗磷Τ础钉薄鶪ョ絋玂┮Τ︘め镑莉眔そキ癸и-
箇代篒︓箂箂せるそ惠―и-
﹚穦σ納近そ羆祅癘︘め惠―瞷秈︽环┬郸菠浪癚筁祘ぇい逼
畊ネ羆珹ㄓ弧и稱セЫ玂靡現┎タぃ框緇э到︘薄鶪タ秈︽秖縩伐骸ì穦┬惠―
谅谅畊ネ
FINANCIAL SECRETARY: Mr President,
Introduction
I would like to start by thanking the community, and Members of this Council in particular, for their generous remarks and the very positive way they have received my first Budget.
My Budget speech bore the title of "Building Our Prosperous Future" for three reasons. First, I wanted to lift the community's sights above the immediate horizon of 30 June 1997. Second, I wanted to focus the community's attention on Hong Kong's bright prospects over the next five years and beyond into the next millennium. Third, I wanted to offer the community a vision of Hong Kong's prosperous future to identify the opportunities, as well as the challenges, which lie ahead.
In describing my vision of the future, and developing a strategy to get us there, I emphasized that we must work together and have confidence in ourselves as a community. I said that the Government would strive to make itself more accountable and more business-friendly. My colleagues and I are grateful for the solid support Members have given us in developing our plans. Our proposals for a science park, a fourth industrial estate and the package for the promotion of the service sector have all received the full support of the Council. I have listened carefully to Members' contributions to the debate, and I am greatly encouraged by the recognition that our plans for the service sector are only the start of our work. They are the basis for a renewed consensus on Hong Kong's economic development. A consensus involving the whole of our business community, the Government and this Council. Following this debate, I think we can go forward with confidence to build Hong Kong's prosperous future together.
While sharing my optimism for the future, some Members of this Council have expressed concerns about our immediate economic prospects and about the particular revenue and expenditure proposals I have laid before this Council. This is as it should be before one can dream, one has to be able to sleep soundly. My colleagues covered many detailed issues at the Special Finance Committee meetings held earlier, and this afternoon they have again addressed all the key points raised. My task now is to respond to four general points of overriding importance.
The revenue base and the tax net
Many Members have expressed their concern about what they feel are the potential dangers of the narrowing of the tax base. We must be clear about what are the real issues here. We must make a sharp distinction between two separate concepts: the revenue base and the tax net. They are not the same thing. The revenue base is made up of the profits and salaries tax, the revenue from land sales and the full range of other taxes, duties and charges levied by the Government. We aim to keep this revenue base stable and productive. But the tax net is quite a different concept. It is, in essence, a description of the number of taxpayers. At a time of economic growth and rising real wages, we can maintain revenue while providing salaries tax concessions which may allow some taxpayers to drop out of the tax net. This means that we can reduce the tax net, that is reduce the number of taxpayers, without affecting the revenue base.
Growing prosperity has the effect of expanding the tax net over time. As incomes rise, more individuals find themselves drawn into the tax net. So despite the major concessions made in the past few years, salaries tax contributed 14% of total Government revenue in 1995-96, second only to profits tax. Even after the further concessions proposed in this year's Budget, we still expect the contribution of salaries tax to total revenue to remain at about the same level in 1996-97. Salaries tax has remained a stable source in the revenue base even though the tax net has continued to vary in recent years. Our essential policy goals in this area are to ensure that Hong Kong has a stable and productive revenue base while at the same time adjusting the tax net to take account of economic growth and community aspirations.
I share Members' views about the advantages of broadening the revenue base. Unfortunately, I have not yet found a way to do so without bringing in a large number of new taxpayers. My colleagues and I believe that it would be highly objectionable to Members, never mind the community at large, if we proposed any major revenue-broadening measures at present and expanded the number of taxpayers. Our unpleasant experience in protecting the revenue base of our fees and charges regime has illustrated this point clearly.
I am well aware of the technical or theoretical criticisms which can be made of our tax regime. But we must not let technicalities or theory obscure the basic facts. Our very simple, low-tax regime has been a key element in our economic success. It has enabled us to fund the dramatic improvements in our social services and our infrastructure over the past 30 years. It is the envy of many developing and developed countries. No competing economy can rival it. I will take a lot of convincing that our successful tax system needs systematic review or radical change.
Fiscal reserves
My second general point concerns our fiscal reserves. Some Members have urged us to use our reserves to boost spending. The Secretary for the Treasury has explained how the increase in government expenditure has matched economic growth over the last six years since we started the current planning cycle. Any use of our reserves to boost spending further would inevitably mean that government expenditure would be growing at a rate faster than the economy, thus breaching our long-established budgetary guideline. It would also mean another deficit budget for 1996-97, following a small one in 1995-96.
Since becoming Financial Secretary, I have clearly stated on several occasions my firm commitment to maintaining tight control of government spending. I want to repeat that commitment again today. We must not allow government spending to grow disproportionately and, as a result, deprive the private sector of the resources required to fuel our economic growth. To do so would put at risk our future growth prospects. It would also risk reversing the welcome and continuing reduction in inflation which we anticipate. I hope Members agree that these are, quite simply, unacceptable risks.
I said in my Budget speech that the appropriate level of reserves, over the long term, could be a matter of debate. But, I repeat, this is not the time to reduce the cushion provided by these reserves. Maintaining confidence, both locally and internationally, in the soundness of our financial system is of paramount importance in the remaining months before the birth of the Special Administrative Region (SAR) Government. Let me emphasize this point. I believe that our strong fiscal reserves and our prudent approach to the management of Hong Kong's public finances have been fundamental to the stability of our financial system. I am not prepared to try any new approaches or take any risks which might undermine our financial system or our economic competitiveness. I may be labouring the point, but I feel very strongly that Hong Kong's future success depends above all on sticking to the economic and financial principles which have brought us our past success.
Our prudent approach to the management of our public finances carries over into the management of the fiscal reserves. It is true, as one Member stated, that our management is conservative, and that the Exchange Fund normally achieves a higher rate of return. However the risk profile of our fiscal reserves is significantly different. The fiscal reserves are immune to exchange rate and other risks as far as possible, and the yields obtained are primarily determined by the prevailing interest rates. My priority is to ensure that the reserves are safe and invested in a way that strengthens the Hong Kong Dollar. The return we have achieved is quite satisfactory given the constraints under which we choose to operate.
Supporting business
Next, I wish to respond to the point that the Government should not forget the interests of the non-business sectors of the community. To this, let me say that I agree entirely that the Budget must address all sections of the community. I hope that the details of the Budget demonstrate that we have done exactly that. Yes, we want to become more business-friendly, and we will devote resources to this aim. But the objective in doing so is to benefit everyone in the long run. The whole community benefits through higher incomes, better public services, more investments in our infrastructure, if our business community is more successful.
We recognize that business drives our economy, that the private sector is the engine for generating wealth in Hong Kong. And, by and large, we let the wealth so generated find its own home. However, the Government has a responsibility to ensure that everyone has the opportunity to share in the prosperity created by our economy. We have done this by constructing a safety net below which nobody will be allowed to fall. We have managed to raise this safety net steadily and deliberately over the past few years, precisely because the private sector has generated the wealth, and provided the government revenue, to allow us to do so. This process must continue. Investing resources to create a more business-friendly government will in future produce dividends which we can all share. This was a message I stressed in concluding my Budget speech, and I will repeat it here. Wealth generated by the private sector provides the resources for the social improvements we wish to make.
This point is fundamental to what I have called the Hong Kong model of development and progress. We must first make sure that the engine of growth and prosperity is in good running order before we look to our social and infrastructure programmes. But the community wants fairness as well as economic efficiency. It demands that we help the disadvantaged. Let me say a few words here about our proposals for Comprehensive Social Security Assistance payments and services for the elderly, a subject of concern to many Members as well as to the public at large. My colleagues, the Secretary for Health and Welfare, has spoken about this in some detail today. Let me emphasize what I think is the essential point of the Government's approach to this issue. We have an open mind on the possibility of improving further the welfare system for the elderly. Our objective is to have a system that is effective, fair, affordable and acceptable to the community. We have been, and we will remain, open minded. We will not be complacent. We expect to commission soon a consultancy study on services for the elderly, and I can assure Members that we will consider the findings and recommendations from this consultancy carefully and seriously.
The Governor once said that while Hong Kong is not and never will be a welfare state, we do care about the state of our welfare safety net. But we care equally about rewarding enterprise, hard work and initiative. That is why I am doubtful about arguments for a more progressive tax system. The Hong Kong Government, like the Hong Kong people, believes in giving the most capable among us every incentive to succeed at a level comparable with the best in the world. Inevitably, this leads to some people being richer than the rest. As a capitalist society, we will always have a disparity of wealth between the richest and the poorest sections of our community. It is true also that the more highly-educated and better-skilled members of the community are enjoying faster income growth than the average. This is a healthy phenomenon in any dynamic economy where opportunities for advancement abound. That is why we have laid so much stress on better education, better skills training and equal opportunities for all our people, particularly the less well-off. Hong Kong is probably the most upwardly mobile economy in the world today, and the very essence of the Hong Kong way is that everyone should have their chance to succeed.
The simple fact is that we must first create the wealth before we can distribute it. Any move towards a more progressive system of taxation would risk undermining the incentive for wealth creation and, thus, weaken the driving force of the economy. Success must have its rewards. Other advanced communities have discovered that if a community obscures or frustrates this simple truth, it will pay a price in terms of lower economic growth and poorer standards of public service. We must set no ceiling on success.
Preparation of the 1997-98 Budget
Finally, I have taken careful note of Members' views on how we should proceed with the preparation of the 1997-98 Budget. You have expressed wide differences of opinion on the degree of Chinese participation in this process. I appreciate Members' deep concerns. I hope Members also appreciate the Administration's clear position on this matter and how we propose to undertake the transitional Budget.
Members understand that we have been fully responsible for our own annual Budgets for many years. The United Kingdom Government has played no role in this. Senior Chinese officials have assured us that, on the establishment of the SAR Government, the preparation of Hong Kong's annual Budgets will immediately fall within the scope of the SAR Government's financial autonomy. The Joint Liaison Group (JLG) or the Central People's Government have no role to play in their preparation. Indeed, the Basic Law guarantees this autonomy. But in the unique case of the 1997-98 Budget which straddles 1 July 1997, clearly we need to co-operate with the Chinese side in order to achieve a full 12-month Budget which will cover the normal budgetary cycle from 1 April 1997 to 31 March 1998. The continuity of the entire range of public services through the transition will depend on this. And only with such a 12-month Budget will we have certainty over Hong Kong's fiscal system and policies before and after the handover.
We shall soon embark on the preparation of the 1997-98 Budget in full co-operation with the Chinese side. The Chinese side have agreed with us that this Budget should cover the normal 12-month period with effect from 1 April 1997. Both sides have the same objective of producing a Budget which will be conducive to a smooth transition and Hong Kong's long-term prosperity. There is already a great deal of common ground on the basis and mechanisms for our co-operation. For example:
- the detailed compilation of the 1997-98 Budget will remain the responsibility of the relevant Hong Kong government departments;
- the prudent financial principles and the system of financial management which the Hong Kong Government has followed in the past have proved effective and are consistent with the spirit of Articles 107 and 108 of the Basic Law. They should continue to be the guiding principles for preparing the 1997-98 Budget;
- the two sides will strengthen co-operation in order to ensure that the preparation of the 1997-98 Budget will proceed in an orderly manner. We view the two sides of the JLG expert group as equal partners in this joint endeavour;
- so far as possible we will aim to keep to the Budget timetable by reaching an early consensus on each major issue as it arises;
- given the tight time-frame, the expert group will meet frequently, normally once a month (but more often if necessary); and
- the JLG confidentiality rule will continue to apply strictly to protect the market-sensitive budget deliberations.
Some have said that constructive co-operation in preparing the next Budget is not achievable. They fear that however good the intentions may be, we will have to sacrifice something vital to secure Chinese support and that Hong Kong's interests will consequently suffer. In short, that a satisfactory 1997-98 Budget is impossible. I do not share those gloomy predictions. Hong Kong people have a record of achieving what others regard as impossible. Indeed I sometimes wonder if the word "impossible" exists in our mind-set. With good will and hard work we, the Hong Kong people, will succeed.
I believe that in 12 months time, most of these doubts will have been long forgotten.
- We will have consulted the community, and in particular the Legislative Council, on our expenditure and revenue proposals.
- We will have held fast to our budgetary guidelines, which are fully consistent with the Basic Law.
- We will have prepared a Budget which will be prudent, fiscally sound and in line with the community's expectations.
- It will be a Budget which we will have discussed with the Chinese side at every step of the way, with a consensus on all the key issues.
- And it will be a 12-month Budget, acceptable to all, which God willing I will have the honour to present to this Council in March 1997 in accordance with the laws of Hong Kong.
Whatever uncertainties may lie ahead of us in the weeks and months to come, let this at least be clear and certain: we will get the money right.
Conclusion
The 1996-97 Budget before Members today is a Budget for the people of Hong Kong. We have already reached consensus on it. I urge the elected representatives of the people of Hong Kong all the elected representatives of all the people of Hong Kong to give it their support. Both in their votes today, and by their deliberations in the weeks ahead. Thank you.
5.03 pm
PRESIDENT: Before I put the question on the Appropriation Bill, at the request of some Members, I will now suspend the sitting for 15 minutes.
5.20 pm
PRESIDENT: Council will now resume.
Question on the Second Reading of the Appropriation Bill 1996 put.
Voice vote taken.
THE PRESIDENT said he thought the "Ayes" had it.
Miss Emily LAU claimed a division.
PRESIDENT: Council shall proceed to a division.
PRESIDENT: I would like to remind Members that they are now called upon to vote on the Second Reading of the Appropriation Bill 1996. Will Members please first register their presence by pressing the top button and then proceed to vote by choosing one of the three buttons below?
PRESIDENT: The result will now be displayed.
Mr Allen LEE, Mrs Selina CHOW, Mr Martin LEE, Mr NGAI Shiu-kit, Mr SZETO Wah, Mr LAU Wong-fat, Mr Edward HO, Mr Ronald ARCULLI, Mrs Miriam LAU, Dr LEONG Che-hung, Mr Albert CHAN, Mr CHEUNG Man-kwong, Mr Frederick FUNG, Mr Michael HO, Dr HUANG Chen-ya, Miss Emily LAU, Mr LEE Wing-tat, Mr Eric LI, Mr Fred LI, Mr James TO, Dr Samuel WONG, Dr YEUNG Sum, Mr Howard YOUNG, Mr WONG Wai-yin, Miss Christine LOH, Mr James TIEN, Mr CHAN Kam-lam, Mr CHAN Wing-chan, Miss CHAN Yuen-han, Mr Andrew CHENG, Mr Paul CHENG, Mr CHENG Yiu-tong, Mr CHEUNG Hon-chung, Mr CHOY Kan-pui, Mr David CHU, Mr Albert HO, Mr IP Kwok-him, Mr LAU Chin-shek, Mr Ambrose LAU, Dr LAW Cheung-kwok, Mr LAW Chi-kwong, Mr LEE Kai-ming, Mr Bruce LIU, Mr LO Suk-ching, Mr MOK Ying-fan, Miss Margaret NG, Mr NGAN Kam-chuen, Mr SIN Chung-kai, Mr TSANG Kin-shing, Dr John TSE, Mrs Elizabeth WONG and Mr YUM Sin-ling voted for the motion.
Mr LEE Cheuk-yan and Mr LEUNG Yiu-chung voted against the motion.
THE PRESIDENT announced that there were 52 votes in favour of the motion and two votes against it. He therefore declared that the motion was carried.
Committee Stage of Bill
Council went into Committee.
APPROPRIATION BILL 1996
CHAIRMAN: We shall consider the schedule first in accordance with Standing Order 55.
Heads 21 to 194
Question on Heads 21 to 194 proposed.
CHAIRMAN: Honourable Members have been notified that the Honourable James TO has withdrawn the notice of his motion to reduce the sum for Head 122 in the schedule to the Bill. Although no amendment is now being proposed to the schedule, a debate may still take place on the question that the sums for the following heads, that is, all the heads shown in the schedule, stand part of the schedule. However, according to Standing Orders, any such debates shall be confined to the policy of the service for which the money is to be provided and shall not deal with the details of any item or subhead but may refer to the details of revenue or funds for which that service is responsible.
襖略ビ某璓勉畊ネи琌碞羆ヘ122牡钉玂场狝叭よ秨や現郸拜肈矗ㄇ阶翴㎝秆睦и篗璹畊某糵某癩現箇衡篈......
CHAIRMAN: Mr James TO, please resume your seat. Under Standing Order 55(3), we are now in a general debate on Head 122 and no debate might arise on why you withdrew your motion to amend.
襖略ビ某畊ネиフ某篈ㄤ龟莱赣琌糵稸钮現┎矗戈τ現┎Τ砫ヴ弧狝某粄挤蹿琌瞶㎝ノ眔ㄤ┮ョタи-
癩現箇衡秨や场だ玴Τ戈τョ砞Τ疭癩叭〆穦㎝矗砛拜肈Τ闽牡钉よや玂场や某矗繷㎝拜肈ぃ虫さ筁┕ョ妓琌┮眔戈弧玂场Τ456璽砫ず场玂ㄤ碞阀ぃ秆睦㎝弧琌惠璶玂盞㎝庇稰
瘤礛и種Τㄇぷㄤ琌︽笆よ琌惠璶玂盞㎝庇稰玥阀珹絛瞅㎝ヘ夹单琌ぃ莱赣Ч超ョぃ镑琌弧Τ456タ稦ず场玂碞辨獺狝ㄏㄤ瓣產㎝跋玂诀篶ョ惠璶瓣穦┪某穦璽砫琘贺Αㄒ硓筁琘盡砫〆穦ノ玂盞Αㄓユ現┎羆ぃ镑Ч"堵絚"穨簔跌カチ㎝-
Ч菏诡㎝拜砫
現┎琂礛種﹖︽иョЧ⊿Τ眔ヴ︙秆睦㎝戈ㄓや癸玂场挤蹿薄鶪矗璹埃456秨や︓讽и璶―現┎矗ㄑ456秨や羆肂現┎ョ琌璹戳ぇ矗ユ倒иの玂沧種玡ら玂盞薄鶪ぇ逼牡诡羆场癸玂场虏厨钮ぇи種场だㄒ玂臔靡は┢笆单琌タ讽ゲ斗㎝眔や玱Τ场だ玱ゼゲ琌ゲ斗τ﹚絛瞅獶盽絢ぃ﹛ぃ瞶秆挡狦旧璓垒ノ舦紇臫カチ舦㎝︑パ
瘤礛瞷玂场琂礚猭砏ョ菏诡诀狦璶玠场456杠玥硈莱赣莉眔や㎝惠璶も常穦砆玠搭и∕﹚ΜΤ闽璹и荷Νㄇ硄︗某パ現┎虏厨琌玡ら秈︽┮и荷硄︗иョ穦祔矗某臛阶︗某镑癸玂场琜篶㎝矗種ǎ叭―崩笆現┎舅㎝猭よэㄏ玂场猭琜篶㎝﹚ぇ镑菏诡ňゎ垒舦薄鶪獽カチ璽砫㎝才猭獀弘畊ネ膀瓃и∕﹚篗Τ闽璹
谅谅畊ネ
CHAIRMAN: Apparently, you went on with the original script, Mr TO.
㏄辩睶┥某璓勉畊ネ玂场セЫㄆ闽猔ㄤ┦借㎝絛瞅︑Θミㄓ現┎常玂盞瞶パ绊玂硂ま癬そ渤ぃ骸
讽現┎セЫ眏疨璶―盢牡钉恨瞶浪癚厨そ秨現┎ご礛绊∕ぃユΤ闽玂场场だセЫㄆ稰は稰
玡ぱタ襖某┮弧沧襖某璶矗某玠搭玂场や現┎磷礚磷薄鶪某虏厨и⊿Τ快猭笵ㄤ钮蹲厨ㄆ琌種и猭粄и-
┮钮セぃ琌或庇稰戈玂莱挤蹿兵ㄒ量勉い碞竒矗玂场絛瞅現┎玂篈癸某ぃ獺ヴ琌Ч璶ぃ眔ㄤ龟ヴ︙よヴ︙牡钉常惠璶Τ璽砫玂㎝厨硂ㄇ常Τゲ璶玂盞そ渤┮闽猔ぃ琌Τ闽场㎝礚斗そ秨ユの⊿Τ菏诡龟悔笲ぇ琌Τ垒ノ舦のΤ続讽颗辨現┎镑粄痷σ納某㎝そ渤紐納э到ぃЙ锚玂场笲玡矗т瞶颗㎝キ颗
糂紌某璓勉畊ネ㎝ㄤ某妓и獶盽闽み玂场程璶琌玂场琌ミ猭Ы┪そ渤菏恨и籔ㄤ计︗某琍戳纯牡叭矪畊-
虏厨穦-
矗ㄑㄇ膀セ戈倒и-
и讽ョ睲贰現┎讽玂场∕﹚秸琩琘ㄇ┪刮砰胔好-
疉の獶猭笆紇臫翠獀疉の拜肈琌疭璶琌讽ㄤ匡拒ヘ夹パ街ㄓ菏恨㎡讽現┎ボ程琌笷羆服
畊ネи谋眔硂妓ぃì镑иミ猭Ы玂ㄆ叭〆穦Ω矗璶把σ瓣竒喷┮Τゅチ瓣產常砞Τ疭诀猭砏﹚某穦ず┪砞ミ疭〆穦︽ㄏ菏诡舦砫讽礛-
戮砫絛瞅ΤЫㄆぃそ秨酵阶硂〆穦ご礛穦菏诡盞薄厨舱麓穦讽某穦矗ユ厨┮и辨現┎糵稸σ納硂ンㄆ硂琌ンㄆ璶ミ猭Θミ〆穦さぱㄓ玂㎝薄厨Чゼ菏诡и拜現┎Τ⊿Τ絪糶現┎ず场τ獶そ秨厨氮澈礛琌⊿Τ-
暗ㄇ或и-
痷ぃ笵ノ或も猭秸琩⊿Τ笵┮и辨現┎程蔼讽Ы硂よ荷秖σ納ㄇ縩伐種ǎㄓミ猭Ы禗и-
︙菏诡硂诀篶
谅谅畊ネ
SECRETARY FOR SECURITY: Mr Chairman, I am grateful to the Honourable James TO for agreeing to withdraw his Committee Stage amendment to the Appropriation Bill 1996. It means that we face no budgetary impediment in continuing the essential work of the Security Wing. It also means that the implementation of our important proposals to strengthen the police capability to combat crime would not be adversely affected. I am sure that the community will also welcome Honourable Members' support in passing the Budget in its entirety, thus maintaining its careful balance.
We have taken great pains in preparing last Monday's briefing for the Legislative Council Security Panel to explain the role and functions of the Security Wing without compromising our ability to protect the internal security of Hong Kong. I appreciate that some Honourable Members may have further points to make on the Security Wing. We will try our best to answer them in due course.
As I have said ealier, the best way of resolving matters of concern to Honourable Members is through dialogue and discussions conducted in the spirit of mutual trust. We appreciate Honourable Members' wish to ensure that the Security Wing performs its duties faithfully and lawfully. Let me assure Honourable Members that the Security Wing, just like other formations of the Police Force, is governed by the Pilice Force Ordinance and that all of its work is carried out strictly in accordance with the laws of Hong Kong. The Commissioner of Police and I are accountable to this Council for what it does or does not do and how effectively it performs its role.
Thank you, Mr President.
Question on Heads 21 to 194 put and agreed to.
Schedule was agreed to.
CHAIRMAN: We shall now consider the remainder of the Bill.
Clauses 1 and 2 were agreed to.
Council then resumed.
Third Reading of Bill
THE FINANCIAL SECRETARY reported that the
APPROPRIATION BILL 1996
had passed through Committee without amendment. He moved the Third Reading of the Bill.
Question on the Third Reading of the Bill proposed, put and agreed to.
Bill read the Third time and passed.
MEMBER'S MOTIONS
HONG KONG ROYAL INSTRUCTIONS 1917 TO 1993 (NOS. 1 AND 2)
DR LEONG CHE-HUNG to move the following motion:
"That the Standing Orders of the Legislative Council of Hong Kong be amended by repealing Standing Order No.42(3B)(c) and (d) and substituting -
"(c) if at the sitting of House Committee to consider the bill in preparation for resumption of debate the committee recommends that the second reading debate be resumed at the next sitting of the Council then resumption may take place at that sitting with the permission of the President provided that due notice has been given under subparagraph (e);
(d) subject to subparagraph (e), notice of resumption of debate shall be given by the Member or public officer in charge of the bill not less than 12 clear days before the day on which the debate is to be resumed;
(e) where resumption of debate is to take place 9 clear days or less after the sitting of House Committee at which the bill was considered in preparation for resumption, then notice of resumption of debate shall be given no later than 2 clear days after that sitting"."
DR LEONG CHE-HUNG: Mr President, I move the resolution standing in my name on the Order Paper. A recent review of Standing Order No. 42 (3B) shows that it requires modification in order to expressly reflect the original intention of the House Committee to impose a general requirement of 12 clear days' notice of resumption of Second Reading debates on bills that are not urgent so that Members are provided with adequate time to prepare for such debates.
The draft resolution to give effect to the amendment was endorsed by the House Committee on 15 March 1996. The Administration has been consulted and has indicated support for the amendment now before the Council. If the resolution is passed by the Council today, Mr President, the Second Reading debate on the bill may be resumed in Council after consultation of the Chairman of the House Committee. For the avoidance of doubt, may I, Mr President, seek your indulgence, and explain how this Standing Order will operate after being amended. First, if the House Committee recommends at its meeting and the President gives his permission, the debate on the bill may be resumed at the first Council sitting following the House Committee meeting provided that notice is given not later than two clear days after the House Committee meeting.
Alternatively, if the House Committee does not object, the debate may be resumed at the second Council sitting following the House Committee meeting provided that notice is given no later than two clear days after the House Committee meeting.
Finally, in all other circumstances, 12 clear days' notice of resumption is required. With these remarks, Mr President, I beg to move.
Question on the motion proposed, put and agreed to.
HONG KONG ROYAL INSTRUCTIONS 1917 TO 1993 (NOS. 1 AND 2)
MRS MIRIAM LAU to move the following motion:
"That the Standing Orders of the Legislative Council of Hong Kong be amended -
(1) in Standing Order No. 60B -
(a) in the heading by adding "and Conduct" after "Interests";
(b) in paragraph (1) by adding "and Conduct" after "Interests" where it first occurs;
(c) in paragraph (1) by adding -
"(da) to consider and, with the consent of not less than four of the members of the Committee, to investigate any complaint concerning a member's conduct in matters of ethics in his capacity as such;";
(d) in paragraph (1)(e) by adding "and Conduct" after "Interests";
(e) in paragraph (5) by repealing "All matters" and substituting "Subject to paragraph (1)(da), all matters";
(f) by adding -
"(6A) The committee shall have regard to advice given and guidelines issued under paragraph (1)(d) when determining whether a recommendation for sanction under Standing Order No. 65A(2)(Sanctions relating to Interests and Conduct) should be made in respect of a member who is the subject of a complaint concerning his conduct in matters of ethics in his capacity as such.";
(2) in Standing Order No. 64A(4)(g) by adding "which arise out of or are related in any manner to his membership of the Council," after "his spouse";
(3) in Standing Order No. 65A -
(a) in the heading by adding "and Conduct" after "Interests";
(b) by renumbering it as Standing Order No. 65A(1);
(c) By adding -
"(2) A Member may be admonished, reprimanded or suspended by the Council upon a motion moved by the chairman of the Committee on Members' Interests and Conduct in accordance with a recommendation of the committee made under Standing Order No. 60B(1)(e) (Committee on Members' Interests and Conduct)."."
MRS MIRIAM LAU: Mr President, I move the motion standing in my name on the Order Paper.
I would like first of all to explain the background to this resolution.
Under its items of reference set out in Standing Order 60(b)(1), the Committee on Members' Interests (hereunder called CMI) can at present only consider matters of ethics in relation to the conduct of Members in their capacity as such, and give advice and issue guidelines on such matters. It has no power to carry out formal investigation into a complaint about a Member's misconduct. Under the present set-up of the Legislative Council, there is no existing mechanism to deal with allegations of misconduct by the Legislative Council Members in an expeditious manner. Any formal investigation of a complaint about a Member's misconduct can only be conducted by a select committee appointed by resolution of this Council, but this process is both cumbersome and time consuming.
Against this background, the House Committee in the 1994-95 session invited the CMI to deliberate on a proposal from a Member that a committee be set up to monitor the conduct of Legislative Council Members. The CMI held altogether 11 meetings to deliberate the issue. In the course of its work, the CMI had conducted a study on the practices adopted by other legislatures in monitoring the conduct of Members of Parliaments. In order to be as open and transparent as possible about the issue, the CMI also conducted a month-long consultation exercise inviting the views of both the public and Legislative Council Members on the draft Guidelines on standards of conduct for the Legislative Council Members drawn up by the CMI. However, except for written submission by one Member, no views were received from either the public or Legislative Council Members. Eventually, the CMI drew up a set of recommendations regarding the introduction of measures to monitor the conduct of Legislative Council Members.
As Chairman of the CMI, I moved a resolution, which was same as the one now before Members, to amend the Standing Orders to empower the CMI to consider and investigate complaints bout Members' misconduct. The resolution was debated at the Council sitting held on 19 July last year but was negatived by a vote of 28 to 20. Despite failure of the resolution to carry, I wish to thank the Honourable Allen LEE, Selina CHOW, Emily LAU, Eric LI, Howard YOUNG, Christine LOH and James TIEN (who are now still in this Council) for their staunch support of me on that occasion. I hope that they will continue to give me their support today. I also wish that those who have not deemed it fit to support on that occasion will change their minds and support my today.
The reasons for opposing my resolution last year were principally as follows:
This Council will consist of all elected members (as indeed it now is) and that apart from monitoring by the mass media, a Member's conduct will in any event be subject to the scrutiny of that Member's own constituents.
There was fear of abuse and concern that the investigation alone may damage the Member's public image.
There was some cynicism about certain Members assuming roles as monitors.
Before I reply to these views, perhaps it may be helpful to those Members who are not members of the CMI, if I briefly describe the practice in other jurisdictions. In the United Kingdom, there was already a Select Committee on Members' Interests similar to ours but several reports including the Bowen Report and the Nolan Report strongly recommended the setting up of formal mechanism to monitor MPs' conduct and the drawing up of codes of conduct for MPs. Following the revelation that a certain MP had asked questions in Parliament for reward, the pressure for change mounted and in November last year, the House of Commons passed a resolution for the appointment of Parliamentary Commissioner for Standards and the setting up a Committee on Standards and Privileges. The principal duties of the Parliamentary Commissioner shall be to receive and investigate specific complaints from MPs and from members of the public in respect of the propriety of an MP's conduct. The duties of the Committee on Standards and Privileges includes, inter alia, overseeing the work of the Parliamentary Commissioner and considering any matter relating to the conduct of MPs including specific complaints in relation to alleged breaches in the code of conduct, as well as to receive reports from the Commissioner relating to investigation into specific complaints. At the same sitting of the House of Commons, a resolution was also passed specifically dealing with the issue of receipt of payment or award of advocating any cause or matter in Parliament. The House of Commons has certainly taken major steps forward in the areas of monitoring of MPs' conduct, albeit only after some bitter experience.
In Canada, the provinces of Prince Edward Island and Quebec have utilized both a parliamentary committee and an outside body to monitor Members' conduct. In Manitoba, New Brunswick and Nova Scotia, the Courts have jurisdiction to inquire into allegations of violations of codes of conduct by Members. In Papua New Guinea, the Ombudsman Commission, being the monitoring authority, has the power to undertake investigation into members' conduct on its own initiative. In Ontario, a Report recommended a Commissioner of Compliance to monitor, advise and investigate the conduct of Ministers. The proposed legislation provided for the appointment of a Commissioner as an officer of the Legislative Assembly to oversee the conduct of both Members and Ministers.
In the United States, both the Select Committee on Ethics of the United States Senate and the Committee on Official Conduct of the United States House of Representatives have the power to receive complaints and investigate allegations of improper conduct by Members.
It is clear from the above that many legislatures in other jurisdictions have seen fit to establish formal mechanisms for monitoring members' conduct. Why should Hong Kong be the exception? That question was asked by the Honourable Miss Emily LAU during the debate last July. The Honourable LEE Wing-tat, ...... unfortunately, he is not here. The Honourable LEE Wing-tat's reply was firstly that Hong Kong is different from other jurisdictions because not all Members of this Council are elected by universal suffrage; secondly, not all Members belong to political parties and, thirdly, Hong Kong's political culture is not mature enough particularly in regard to internal discipline of political parties. With respect, I fail to understand Mr LEE's argument. All Members of this Council are now elected, though not all by universal suffrage. But if universal suffrage is the crux, so much more is it necessary to have an internal monitoring mechanism within the legislative since public scrutiny may not effectively extend to all Members. Furthermore, I do not see how the effectiveness of party discipline is relevant. I would have thought that if party discipline is effective, then the need for an internal monitoring mechanism by the legislature would be that much lessened. However Mr LEE seemed to be arguing otherwise. If other jurisdictions having universal suffrage and effective party discipline see the need for setting up formal mechanisms for monitoring members' conduct, why does Hong Kong not see the need?
Whatever the arguments may be, it remains a fact that legislatures in other democratic countries which are politically mature, whose members are democratically elected and accountable to their constituents and scrutinized by the public and monitored by the mass media, have still found it necessary to formulate rules concerning Members' conduct and to set up formal mechanisms for implementing such rules. I wish to ask the question: Why should Hong Kong be different? Perhaps on this occasion, somebody may give me a more convincing answer.
In regard to the fear of abuse, I think that the concerns expressed by Members were quite legitimate but these concerns were not unknown to the CMI and they have actually been taken on board by the Committee. It was precisely because of these concerns that the CMI decided to recommend that it would not carry out investigations on its own initiative but would only act in response to complaints. The CMI was also conscious of the need to guard against spurious complaints thus it would not investigate complaints which are considered trivial, frivolous or vexatious. Furthermore, no investigation into a complaint about a Member's conduct may be carried out by the CMI unless approved by not less than four of its members, that is the majority of members of the CMI. The CMI also recommended that no political party should be allowed to domoninate or control the CMI in order to ensure fairness to all Members. The CMI has never said that the proposed mechanism recommended by it is final or perfect. If Members felt that the proposed mechanism can be further tightened to prevent abuse, the CMI was always willing to listen, but no suggestions were proffered. If members have a better idea as to how Members' conduct should be monitored, let them speak up.
In regard to cynical remarks about certain Members asserting for themselves the role of monitors, I am sure that such remarks were not targeted at me, but I can assure Members that I have no aspirations whatsoever for such an unenviable role. In some other legislatures, the monitoring of members' conduct is carried out by an outside body. If Members prefer to have an outside body monitoring Members' conduct, rather than Members monitoring Members, let them say so. At least that would be a constructive view which we can further discuss.
Coming back to the resolution today, let me explain why it is before the Council again today. After the start of this Legislative Council session, the newly elected CMI reviewed the matter in December last year and decided to conduct another round of public consultation of the proposal to introduce measures to monitor the conduct of Legislative Council Members. During the one-month consultation period which ended on 31 January 1996, again no submission was received from the public, but Legislative Council Members of the Democratic Party made a submission. Their submission re-affirmed its opposition to the introduction of any formal measures to monitor the conduct of Legislative Council Members. Such views were already expressed at the debate in July last year. They will no doubt re-iterate the reasons for their objection when they give their speeches today, so there is no need for me to dwell on them now.
At the meeting of the CMI held on 6 February this year to discuss how the issue should be taken forward in the light of opposition from the Democratic Party, the majority of CMI members present took the view that they did not support the proposal to introduce a formal mechanism to monitor Legislative Council Members' conduct. However they favoured the issuance of a set of advisory guidelines. Because of the new composition of the Legislative Council, CMI also agreed that the whole issue should be re-submitted to this Council for a full debate in the form of a resolution as in the last session. The purpose of the debate is to enable Members' views and their stand on the issue to be fully recorded, so that whatever the outcome may be today, there will be a useful reference in the future on this very important issue.
Mr President, I wish now to briefly go through the main recommendations of the CMI's report which was considered by the House Committee in the last session, copies of which were distributed to all Members of this Council, vide Legislative Council Paper No. CB 296/95-96 dated 18th of December last year. The main recommendations were:
(a) the draft Guidelines on the standards of conduct of Legislative Council Members drawn up by the CMI should be adopted;
(b) the CMI should be empowered to carry out investigation into complaints about misconduct of Legislative Council Members;
(c) no investigation into a complaint of misconduct may be carried out unless approved by not less than four members of the CMI;
(d) no single political party or grouping would command a simple majority of the membership of the CMI;
(e) the name of the CMI should be changed to "Committee on Members' Interests and Conduct" and the Chinese name would be "某痲の巨〆穦"; and
(f) the sanctions that may be imposed by the Council on a substantiated complaint of misconduct should be the same as those set out in existing Standing Order 65A.
I also wish to explain briefly the proposed amendments to the Standing Orders as set out in the resolution.
The amendments to the heading of Standing Order 60B, and Standing Order 60B(1), will change the name of the CMI to take account of additional powers and responsibilities to be taken up by the CMI.
New Standing Order 60B(1)(da) will empower the CMI to consider and investigate complaints about Legislative Council Members' misconduct.
The amendment to Standing Order 60B(5) is a consequential amendment as a result of the proposed addition of new Standing Order 60B(1)(da).
New Standing Order 60B(6A) will specify that the CMI shall have regard to advice given and guidelines issued by the CMI when determining whether a recommendation for sanction should be made.
The amendment to Standing Order 64(A)(4g) will make it clear that the requirement to register interests received from overseas organizations or persons only applies to interests received by a Legislative Council Member or his spouse arising out of the Legislative Council Member's membership of the Council.
The amendment to Standing Order 60B(1)(e), the heading of Standing Order and new Standing Order 65A(2) will lay down the sanctions that may be imposed for misconduct.
Mr President, I realize that I am trying to achieve the impossible task of changing minds that are already fixed. However, I still hope to be able to persuade Members and I do urge them to consider the points which I have raised today. If at the end of the day, Members still feel that they cannot support my motion, I shall accept their decision with grace.
Mr President, I beg to move.
Question on the motion proposed.
郭Θ某璓勉畊ネチは癸瞷顶琿璹盽砏盢某痲〆穦э某痲の巨〆穦の沮ン┮更ず甧э瞶パΤㄢ
材某巨螟﹚ミ猭Ы某笵紈巨莱赣笷璓妓キ衡嘿戮㎡パ街璹﹚硂ㄇ夹非㎡硂痷琌Τ瞶弧ぃ睲拜肈ㄏ玧眏﹚硂ㄇ夹非穦跑Θ"甝繷伴"パ某︑︽盿砆来眔伴〨粂ノ繦焚Τざㄆ搬搬Τ迭某繷礹ぃ
ス癸某巨砏穦"終琄"ョ穦某糧癵宝ぃ笵さぱ┮┮穦ぱ跑Θ綝щ禗兜ヘ
材瞷盽砏甧砛ミ猭Ы硓筁∕某Θミ盡砫〆穦癸Τ腨巨拜肈某甶秨秸琩硂诀竒ì镑и粄ぃゲ羭籹硑穦砆垒ノ穝诀
翠硂秨穦い某巨︽盽Θ肚碈"發阑"┪"诨痷濜"杠肈и獺某みいΤ计来眔碻砏列羭某常ぃ辨︑︽巨︑Θそ渤┽阑癸禜璝Τ硂妓某獺ョ璶︑︽基Ω把匡Θю阑┪у矮杠肈
и粄安""痷"徳隔瓂"ま癬そ渤ぃ┪ユ硄睼睹......
PRESIDENT: Which bull are you referring to?
郭Θ某иΜê弧杠
安Τ某︽巨瞷拜肈程临琌痙穦林阶耞
暗ㄆ讽叫︗某ぃゲш簍"恨盯ㄆ"の"恨盯ㄆ"à︹
程チ觅ΘセЫ祇腢抠┦借まㄑ某把σぇノ
セ略朝勉
MRS ELIZABETH WONG: Thank you, Mr President, I shall be brief. As a member of the Standing Committee on Members' interests, I rise first of all to declare my interest and also to support the resolution. Far be it from me to be my brothers' keeper or my sisters' keeper, I think Honourable Members of this Council will agree that as a matter of ethics and conduct, it is best for Honourable Members' ethics and conduct to be reviewed and have the benefit of advice from their peers who are best placed to moniter complaints and to take action if needs be.
Let me also stress that we need a monitoring system which is sensible and to be absolutely fair to the subject of any complaint. We do not need witch hunters and we are not seeking witch hunters. We need to be fair and to be intelligent about what constitutes good conduct or not. I think this will be in the best interests of Honourable Members and of the general public as well. So the proposed resolution seems to me, as adequately explained by Honourable Mrs Miriam LAU, to do just that and is worthy of support because it is entirely compatible with the original intention and the current spirit of the relevant Standing Orders.
Mr President, I support the resolution.
︙庇古某璓勉畊ネセチ囊笷и-
癸糂胺祸某某ミ初
きるらミ猭Ы臛阶糂胺祸某矗璹盽砏材60B兵и-
笷и-
癸菏诡某巨ミ初チ囊某讽琌は癸某痲〆穦某チ囊穝ミ猭Ы囊刮竒癚阶∕﹚蝴筁┕ミ初は癸璹盽砏材60B兵盢某痲〆穦э某痲の巨〆穦
現郸玥チ囊粄⊿Τゲ璶Θミ〆穦矪瞶Τ闽某巨щ禗
и-
粄瞷︽菏诡诀癸某︽Τ﹚珹
瞷盽砏ずΤ腨略痲ビ厨砏﹚ヴ︙某ぃ宽砏﹚碞穦掉
瞷盽砏砏﹚硓筁ミ猭Ы∕某癸Τ腨巨拜肈某Θミ盡砫〆穦甶秨秸琩讽礛糂胺祸某矗硂琌ゑ耕羉狡㎝惠祘硂羉狡㎝惠祘癸ョ耕腨略
き穝ミ猭Ы琌パ匡羭玻ネи-
粄ミ猭Ыㄤ龟琌程秨硓程蔼舱麓肚碈Τì镑戈癟そ秨菏诡璝某巨ぃ穦渤钡-
璶癸そ渤┽阑のぃ讽匡基
и-
粄瞷︽菏诡诀ゼ瞷び拜肈
よ某痲〆穦某﹚拜肈穦癸某硑Θㄇぃ▆紇臫
и-
穦砆垒ノ薄鶪璶Τ〆穦Θ硄筁獽秸琩某и-
粄硂琌兜讽繧逼甧砆垒ノ璝Τ〆穦碞琘ē阶щ禗璶Θ硄筁獽秸琩硂獶腨略祘瞷狦и-
璶秸琩杠ゲ斗硓筁Ы∕某Θミ盡砫〆穦Ы59某ゲ斗肚碈玡秈︽そ秨臛阶礛∕﹚琌Θミ盡砫〆穦и-
谋眔硂琌耕腨略诀τぃ琌〆穦ずパだぇΘ硄筁讽礛糂胺祸某纯矗ㄇ玂毁诀ㄒ〆穦ずぃΤヴ︙現囊局Τ筁计某畊琌ぇい璶眔やㄆ龟ぃび螟
︓某巨よ╯澈某莱Τ妓巨㎝笵紈硂琌獶盽碔某┦琂礛螟﹚獂セ碞礚猭痷タ祇揣菏诡ノ璝筁腨穦癸某硑Θぃゲ璶璽紇臫
羆挡τēチ囊粄瞷顶琿ぃや盢某痲〆穦э某痲の巨〆穦某
畊ネセ略朝勉チ囊穦は癸糂胺祸某某
糂紌某璓勉畊ネи祇ēや糂胺祸某某糂某矗や﹎и-
辨Τㄇ某やョ辨莱腜某┮弧叫某ぃ璶┤"锣浹"癸и-
ボや
畊ネи琌某痲〆穦Θ硂〆穦程э嘿琌某痲菏诡〆穦┮ㄤ龟硂〆穦竒ㄣΤ菏诡ノи〆穦羭︽穦某琌ㄤいやさぱ秈︽硂臛阶某и-
さぱ侣ㄆ矗璶琌さ穝ミ猭Ы某⊿Τ把籔るら癚阶┮и-
辨-
Τ把癚阶诀穦穝∕﹚ㄤ龟糂胺祸某竒盢璉春弧眔睲贰珹矗ッ笷某┮矗芠翴パ讽и-
ぇ祇ē┮и-
ぃ婚ジ糂某竒р芠翴婚ジиぃ稱膥尿弧
ぃ筁и稱矗眶êㄇ穝某ㄤ龟-
莱赣笵ミ猭Ы盽砏材60B(1)(d)兵竒弧〆穦Τ舦σ納某笵紈拜肈Τ舦矗種ǎ┪祇ま琌硂よΤ砏﹚沮и┮畊ネ笵ミ猭Ы戈菌耕и瞏硂琌Τㄆ薄祇ネ┮秈и璶癸︙庇古某種ǎ莱弧瞷⊿Τ拜肈暗眔狦Τㄆ祇ネ穦臛阶礛Θミ盡砫〆穦狦硂妓暗Τ闽某獽綻羘竒穕礛τ狦и-
砞ミ诀е弧êㄇ琌晾ē癦ぃ玥璶穦矗臛阶∕Θミ盡砫〆穦Τ闽某竒筁计る测癟羘ゲ礛穕
и-
竒盽弧現┎︙Τㄇㄆ羆琌稱ぃ或ぃ暗ㄇㄆ薄τ羆琌"ㄆふ"瞷и-
玱弧瞷︽诀⊿Τ拜肈ρ龟弧и讽礛辨⊿Τㄆ狦Τぱ礛祇ネンㄆ竒筁礷臛阶沧璶砞ミㄇ诀-
穦弧ミ猭Ы癚阶琌砞ミ诀玱ぃ秈︽璶ㄆσ納и稱拜拜︗ㄆ琌璶单ㄆ砞ミ诀㎡-
瞷常ぃ琌弧稱は癸-
琌谋眔瞷︽诀⊿Τ拜肈ミ猭Ыず秈︽臛阶礛Θミ盡砫〆穦и-
某玥琌稱耕Τ╰参砞ミ诀笿Τщ禗 叫︗痙種ぃ琌〆穦笆秈︽秸琩ウぃ琌盞牡诡ぃ穦蛤萝┪篒钮单 τ〆穦谋眔琌眔秈︽秸琩獽荷е暗そ笵暗и辨硂贺Τよ猭矪瞶
ㄤ龟硂妓暗琌莱そ渤闽猔碞琌ミ猭ЫΤ菏恨㎡パ街菏恨㎡璝弧硂妓獽琌"伴"иぃ幢璭и獺カチ琌辨ミ猭Ы︑︽砞ミ诀ウミ猭Ы钡カチ钡そ秨のそタよΑ矪瞶щ禗и-
穦菏恨︑砞Τま㎝砏痻硂妓ミ猭Ы碞琵そ渤笵ぃ阶琌巨︽┪笵紈и-
︑璹砏絛琌癸眔癬癸眔癬︑琌郴ぱミ狦Τ某牟デ硂ㄇ砏﹚и-
砞Τ〆穦そ秨筁祘秈︽秸琩τぃ琌或現獀甡и辨︗ㄆ疭琌穝ㄆ侣ㄆ"锣浹"叫稱稱и-
︙そ渤ユ㎡狦и-
ゑ计钩28布癸20布∕硂某娩碞穦弧-
痷次ぃノ菏恨Τ林阶㎝щ布挡狦砏絛и-
ぃ筁-
琌笵Τ匡チ琌极-
щ布璶щ布狦戳丁祇ネㄇㄆ街穦矪瞶㎡-
﹚穦弧ノ瞷︽よ猭矪瞶秈︽臛阶礛Θミ盡砫〆穦
畊ネㄤよ某穦常砞Τ硂贺诀糂某弧眔睲贰计羭ㄓゅ㎝チ瓣產某穦常砞Τ硂妓诀︙и-
璶Τ㎡ッ笷某るら祇ē阶弧琌"ゅ洁"и琌ぃ種琌チи琌チぃ笵或穦Τ硂妓┣猭иぃ種猭и谋眔и-
莱赣σ納砞ミ诀⊿Τ惠璶硂诀讽礛⊿Τノ矪狦ス祇ネㄆ珿ウ獽ミ祇揣ノ
畊ネиや糂某某㊣苸︗ㄆノみ稱稱秈︽硂ㄆ琌穦眏и-
ミ猭Ыそ獺и-
ぃ琌璶砞ミや疭牡诡钉辨眏ミ猭Ыそ獺そ渤谋眔ミ猭Ы琌醚だスΤㄆ薄祇ネミ猭Ы琌穦︑︽菏恨
谅谅畊ネ
MISS MARGARET NG: Mr President, I will be brief.
I consider the autonomy of this Council to be a fundamental principle. Autonomy must mean self-regulation and an adequate framework of internal discipline. We enjoy certain powers and privileges under the law. We enjoy autonomy. We must therefore be prepared to meet a high standard of conduct and therefore submit ourselves for the investigation and scrutiny of a proper committee of our peers. We owe it to the public if we want to enjoy their trust and confidence.
As to the exact mechanism, our attitude to that must be positive, that is, we must work together to find the right mechanism, not to block it, not to find reason to say that it is impossible.
Mr President, I support the motion.
PRESIDENT: I have a request here, Honourable Members, from Mr Michael HO to speak again under Standing Order 28(2) to explain some part of his speech which has been misunderstood. Mr Michael HO, please confine your speech to only explanation of that part of the speech which has been misunderstood.
︙庇古某璓勉谅谅畊ネи琌稱秆睦砆粇穦ê场だ碞琌и祇ēぃ琌ボぃ璶Τㄇ诀τ琌弧и-
ぃ惠璶Τ穝诀и種琌瞷и-
Θミ盡砫〆穦硂よ猭琌タ参诀ㄓ菏诡某巨糂紌某粇穦и硂场だ祇ē
PRESIDENT: Mrs Miriam LAU, do you wish to reply?
糂胺祸某璓勉畊ネさぱи稰躬籖程ぶΤ︗某祇ēやиさぱ某薄鶪ゑるら眔るらミ猭Ы臛阶某痲〆穦砆"讽搁ш"
さぱΤㄢ︗某祇ēは癸и某и﹍沧钮ぃ-
癸и玡簍勉ず兜借高ヴ︙莱ê碞琌︙瓣チ秈瓣產常砞Τ某痲〆穦砞ΤタΑ诀τぃ琌钩翠ê妓璶穦臛阶Θミ盡砫〆穦-
常ΤタΑ诀︙チ秈瓣產常砞Τ硂诀τ翠玱ぃ惠璶⊿Τ︗は癸иさぱ某某矗ヴ︙瞶パ
и淋叫︗某狦-
粄某痲〆穦┮矗某琌ぃ琌︽ぃ硄琌Τ簗瑌叫-
矗ㄇ種ǎи钮ぃΤ矗ヴ︙種ǎ-
琌弧瞷诀礚斗暗ㄤㄆ硂琌縩伐種ǎ盾
畊ネиさぱㄤ龟琌╆キ盽みㄓ秈︽臛阶╒Μるら毙癡иㄤ龟癸さぱ某琌莉眔硄筁⊿Τ╆ヴ︙辨瘤礛︗某祇ē玡倒и縐翴ㄇ辨さぱи⊿Τ砆璉斌㎝芥稰程チ囊︙庇古某睲贰チ囊某痲〆穦ボ-
は癸種ǎチ〆穦睲贰ボ-
穦は癸и⊿Τê贺疶疺稰谋
さиΤㄇア辨のア辅稰某ㄢ玡ㄤ龟琌縩伐篈癸某巨拜肈產腨德辨碝тㄇよ猭矪瞶瞷拜肈某痲〆穦莉甭舦╯硂ㄆτ〆穦ㄓ秈︽╯秨礚计Ω穦某某綝∕硂兜某祔ぃ穦妓砆∕ㄤ龟и瞷守首ぃи辨某莉眔硄筁и踞み程沧璶砆钡某綝∕ㄆ龟狦さぱ某綝∕杠セЫ菏诡某巨硂拜肈ㄤ龟琌ㄆ礚Θ硂ㄢㄓ┮Τ常穦窖瑈ㄆ礚Θ讽礛иぃ琌ㄆㄆ辨眔Θ狦某さΩ程ぶ㈱フ盢-
みい痷痷タタ┮稱ぃ店鞍弧ㄓ 某ぃ稱砏恨さΩ臛阶处ボ-
痷タ稱猭
狦さぱ某痷∕﹚∕硂兜某ぃ璶ヴ︙诀菏诡某巨杠и穦碙-
∕﹚ら狦セЫ祇ネヴ︙Τ闽某巨ㄆ珿τê祇谋⊿Τヴ︙诀矪瞶Τ闽拜肈и辨さぱщは癸布某ぃ璶
谅谅畊ネ
Question on the motion put.
Voice vote taken.
THE PRESIDENT said he thought the "Ayes" had it.
Mrs Mariam Lau claimed a division.
PRESIDENT: Council shall proceed to a division.
PRESIDENT: I would like to remind Members that they are now called upon to vote on Mrs Miriam LAU's resolution to amend the Standing Orders to empower the CMI to take charge of matters on conduct as well. Will Members please register their presence by pressing the top button and then proceed to vote by choosing one of the three buttons below?
PRESIDENT: We seem to be one short of the head count. Before I declare the result, will Members please check their votes? Are there any queries? The result will now be displayed.
Mr Allen LEE, Mrs Selina CHOW, Mrs Miriam LAU, Miss Emily LAU, Mr Eric LI, Mr Howard YOUNG, Miss Christine LOH, Mr James TIEN, Mr LEE Kai-ming, Miss Margaret NG and Mrs Elizabeth WONG voted for the motion.
Mr Martin LEE, Mr SZETO Wah, Mr Ronald ARCULLI, Dr LEONG Che-hung, Mr Albert CHAN, Mr CHEUNG Man-kwong, Mr CHIM Pui-chung, Mr Frederick FUNG, Mr Michael HO, Dr HUANG Chen-ya, Mr LEE Wing-tat, Mr Fred LI, Mr James TO, Dr YEUNG Sum, Mr WONG Wai-yin, Mr LEE Cheuk-yan, Mr CHAN Kam-lam, Mr CHAN Wing-chan, Miss CHAN Yuen-han, Mr Andrew CHENG, Mr CHENG Yiu-tong, Mr CHEUNG Hon-chung, Mr Albert HO, Mr IP Kwok-him, Mr LAU Chin-shek, Dr LAW Cheung-kwok, Mr LAW Chi-kwong, Mr LEUNG Yiu-chung, Mr Bruce LIU, Mr LO Suk-ching, Mr MOK Ying-fan, Mr NGAN Kam-chuen, Mr SIN Chung-kai, Mr TSANG Kin-shing, Dr John TSE and Mr YUM Sin-ling voted against the motion.
Mr Edward HO abstained.
THE PRESIDENT announced that there were 11 votes in favour of the motion and 36 votes against it. He therefore declared that the motion was negatived.
MEMBER'S BILLS
First Reading of Bills
HOUSING (AMENDMENT) BILL 1996
HOUSING (AMENDMENT) (NO. 2) BILL 1996
Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
Second Reading of Bills
PRESIDENT: Honourable Members, before I invite the Honourable LEE Wing-tat and the Honourable Bruce LIU to move the Second Reading of their respective bills, I would like to inform Members that having studied the two bills, I have ruled that the two bills are not substantially the same, having regard to the following:
1. Although both bills seek to change the composition of the Housing Authority, the proposed composition and method of nominating the members of the authority are different in the two bills;
2. Mr LEE's bill proposes that the future membership of the Housing Authority be approved by resolution of this Council;
3. If I rule, in the event if I rule, that both bills are substantially the same, and if one bill is defeated at the Second Reading, the other bill will not be able to proceed, thus denying this Council the opportunity to make a choice.
The effect of this ruling is that the passage of any stage of the first bill will not impede the further proceeding of the second bill.
HOUSING (AMENDMENT) BILL 1996
MR LEE WING-TAT moved the Second Reading of: "A Bill to amend the Housing Ordinance."
ッ笷某璓勉畊ネセ笆某弄1996┬璹兵ㄒ
ヘ琌┬〆穦"┬〆穦"舱Θキ颗糤〆ヴ┬〆穦〆硓の┬〆穦そ渤璽砫
畊ネ┬〆穦﹚現郸紇臫約獂τ瞏环璝┬〆穦舱ΘΤ顶糷贺ぃ種ǎА颗獽﹚才カチ渤痲┬現郸┬〆穦ぃ耞そ渤腨糉у蝶ㄒ︘虫︗砍秖腨ぃì玂痙13瘆侣羬┬跋そ蝴玂緄拜肈腨单┬〆穦舱Θ斗跑〆は琈カチ闽猔のカチ璽砫
畊ネ瞷羆服〆ヴ┬〆穦〆⊿Τ惠璶そ渤秆睦〆ヴ非玥τ┬〆穦⊿Τキ颗舱Θカチ渤у蝶
畊ネㄣ砰ず甧琌璶―羆服〆ヴ┬〆穦〆盢〆ヴ览虫ユパミ猭Ы糵某璶眔ミ猭Ы∕某Α硄筁〆ヴ虫ネ
瓃诀羆服ごЧ局Τ┬〆穦〆矗舦τミ猭Ы玥︽ㄏ糵某舦硂诀絋玂︽現诀闽籔ミ猭诀闽が颗絋玂┬〆穦舱Θキ颗ョ〆ヴ筁祘ゑ┕そ秨そ渤癸〆ヴ虫のㄤ非玥癚阶τ現┎ョ穦秆睦糤眏現┎癸〆ヴ虫ユτ砆〆ヴ┬〆穦〆ョΤ诀穦そ渤弧-
眏┬〆穦〆拜砫┦
畊ネ兜某琌蝴瞷︗現┎〆盢セㄓパ羆服〆ヴ┬〆穦畊の捌畊戮︗ユパ┬〆穦〆が匡玻ネ
畊ネ程兜某琌Τ闽筁寸逼砏﹚猭ㄒネ瞷ヴ〆ヴ戳ごゼ骸盢ぃ猭ㄒ紇臫硂琌玂┬〆穦Θ┑尿┦
畊ネセ略朝勉
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
HOUSING (AMENDMENT) (NO. 2) BILL 1996
MR BRUCE LIU moved the Second Reading of: "A Bill to amend the Housing Ordinance."
郭Θ某璓勉畊ネи略笆某弄1996┬璹材2腹兵ㄒ
兵ㄒΞ璹瞷┬兵ㄒ材283彻э跑ヘ玡翠┬〆穦"┬〆穦"〆舱ΘΘだ矗蔼┬〆穦そ獺眏カチ把籔
ㄓ┬〆穦舱ΘよΑゼΤヴ︙э跑场〆Аパ羆服〆ヴㄤ妮種匡ヴㄓ┬〆穦〆ご坝の盡穨璶舱Θ场だチ種––眔ㄢ︗ろ約獂┦┬〆穦崩︽現郸ゼカチ獺ヴㄓи-
ǎ┬〆穦羆场玡叫腀蹈枚ぃ荡ぃゼǎ搭ぶΤ糤镣墩у蝶┬〆穦羘⊿Τ丁耞琌カチ⊿Τ硚畖э跑┬〆穦舱Θさぱチて镣墩硂贺薄鶪ゲ斗э到
セ某┬〆穦舱ΘΘだэ跑
┬〆穦パ36︗Θ舱Θ赣36︗Θ珹
1. パミ猭Ы矗せパ羆服〆ヴ
2. –跋某穦矗18パ羆服〆ヴ
3. パ羆服〆ヴぃ禬筁12癸┬ㄆ﹜局Τ竒喷の醚獶そ戮
┬〆穦畊の捌畊パ〆が匡玻ネ
ヴ戳よ讽パミ猭Ы┪跋某穦矗ぃ琌ミ猭Ы┪跋某穦某ㄤ┬〆穦〆ヴ戳ョ沧ゎ
︓パ羆服璽砫〆ヴ12︗〆〆ヴ戳ㄢ戳骸羆服膥尿〆ヴ
硂ㄇ璹跋某穦兵ㄒ材366彻材20兵ョ斗莱м砃┦璹τΤ闽璹兵ㄒ材5兵
セ粄セ兵ㄒぃ穦瘆胊翠┎︽現旧家Αは糤チ匡璉春Θ秈┬〆穦﹚現郸そ渤痲ㄌ耴糤┬〆穦拜砫┦のそ獺現郸崩︽抖
┬〆穦パㄓ方┮舱Θ琌兜秈˙ミ猭Ы翠カチ痲┮眖俱砰のЩ芠àσ納┬拜肈τ跋某穦矗甧砛跋┬拜肈┬〆穦ず莉眔は琈の跌パ玂痙だぇΘパ羆服︑︽〆ヴョ絋玂穦ㄤ┮盡穨種ǎ〆穦ず眔跌パ硂ㄓ方┮舱Θ┬〆穦ㄤ﹚現郸盢穦カチ钡酚臮セ翠俱砰┬惠璶
谅谅畊ネ
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
PROBATE AND ADMINISTRATION (AMENDMENT) BILL 1996
Resumption of debate on Second Reading which was moved on 13 March 1995
Question on Second Reading proposed.
ATTORNEY GENERAL: Mr President, subsection (1) of section 15 of the Probate and Administration Ordinance provides that the Registrar of the Supreme Court, in his capacity as the Official Administrator, may summarily administer estates which do not, in his opinion, exceed $50,000 in value. This provision alleviates the financial burden of undertaking a formal administration of such estates. The Honourable Bruce LIU Sing-lee's Probate and Administration Amendment Bill provides for the limit to be increased to $150,000. This is a reasonable adjustment as it approximates to the real value in today's money of the current limit when it was set in 1983. The Administration accordingly supports the Bill and commends it to this Council.
郭Θ某璓勉畊ネи稱干ㄢ翴種ǎ材さΩ硄筁硂兵ㄒ琌Τㄤ禜紉種竡睲竊獴セЫ加ョ累累灿獴ぱタ琌睲竊硄筁硂兵ㄒ陪ボセЫ琌闽猔カチよ拜肈讽ЫêㄇΤ痙窾窾じ肂框玻框妮矗ㄑ虏よΑ恨瞶框玻狝叭タタ陪ボ翠現┎琌闽みカチ現┎
材瞷框篷粄靡の框玻恨瞶兵ㄒ材10彻材15兵肂框玻5窾じ肂琌璹﹚禯さΤ13ぇ讽Ы癸硂肂莱赣﹚戳浪癚ぉ続讽矗蔼獽癸穦э跑続讽莱セ某讽Ы–秈︽Ω浪癚–ミ猭Ыヴ戳ず常穦浪癚
セ略朝勉
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
Committee Stage of Bill
Council went into Committee.
PROBATE AND ADMINISTRATION (AMENDMENT) BILL 1996
Clauses 1 and 2 were agreed to.
Council then resumed.
Third Reading of Bill
MR BRUCE LIU reported that the
PROBATE AND ADMINISTRATION (AMENDMENT) BILL 1996
had passed through Committee without amendment. He moved the Third Reading of the Bill.
Question on the Third Reading of the Bill proposed, put and agreed to.
Bill read the Third time and passed.
ADJOURNMENT AND NEXT SITTING
PRESIDENT: Before I adjourn the Council, may I wish all Members and Public Officers an invigorating Ching Ming and Easter holiday. In accordance with Standing Orders, I now adjourn the Council until 2.30 pm on Thursday, 18 April 1996.
Adjourned accordingly at twenty-seven minutes to Seven o'clock.
LEGISLATIVE COUNCIL - 3 April 1996
122
ミ猭Ы せるら
LEGISLATIVE COUNCIL - 3 April 1996
123
ミ猭Ы せるら