HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 273 OFFICIAL REPORT OF PROCEEDINGS
Wednesday, 2 November 1988
The Council met at half-past Two o'clock
PRESENT
HIS HONOUR THE DEPUTY TO THE GOVERNOR (PRESIDENT) THE HONOURABLE THE CHIEF SECRETARY
SIR DAVID ROBERT FORD, K.B.E., L.V.O., J.P.
THE HONOURABLE THE FINANCIAL SECRETARY
MR. PIERS JACOBS, O.B.E., J.P.
THE HONOURABLE THE ATTORNEY GENERAL
MR. JEREMY FELL MATHEWS, J.P.
THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P.
THE HONOURABLE DONALD LIAO POON-HUAI, C.B.E., J.P.
SECRETARY FOR DISTRICT ADMINISTRATION
THE HONOURABLE CHEUNG YAN-LUNG, O.B.E., J.P.
THE HONOURABLE MRS. SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. THE HONOURABLE MARIA TAM WAI-CHU, C.B.E., J.P.
DR. THE HONOURABLE HENRIETTA IP MAN-HING, O.B.E., J.P. THE HONOURABLE CHAN YING-LUN, J.P.
THE HONOURABLE MRS. RITA FAN HSU LAI-TAI, O.B.E., J.P.
THE HONOURABLE PETER POON WING-CHEUNG, M.B.E., J.P. THE HONOURABLE CHENG HON-KWAN, J.P.
THE HONOURABLE CHUNG PUI-LAM
THE HONOURABLE HO SAI-CHU, M.B.E., J.P.
THE HONOURABLE HUI YIN-FAT
THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P.
274 HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P.
THE HONOURABLE PANG CHUN-HOI, M.B.E.
THE HONOURABLE POON CHI-FAI
PROF. THE HONOURABLE POON CHUNG-KWONG
THE HONOURABLE SZETO WAH
THE HONOURABLE TAI CHIN-WAH
THE HONOURABLE MRS. ROSANNA TAM WONG YICK-MING THE HONOURABLE TAM YIU-CHUNG
DR. THE HONOURABLE DANIEL TSE, O.B.E., J.P.
THE HONOURABLE ANDREW WONG WANG-FAT
THE HONOURABLE LAU WONG-FAT, M.B.E., J.P.
THE HONOURABLE GRAHAM BARNES, C.B.E., J.P.
SECRETARY FOR LANDS AND WORKS
THE HONOURABLE RONALD GEORGE BLACKER BRIDGE, O.B.E., J.P. SECRETARY FOR EDUCATION AND MANPOWER
THE HONOURABLE MICHAEL LEUNG MAN-KIN, J.P.
SECRETARY FOR TRANSPORT
THE HONOURABLE GEOFFREY THOMAS BARNES, J.P. SECRETARY FOR SECURITY
THE HONOURABLE PETER TSAO KWANG-YUNG, C.P.M., J.P. SECRETARY FOR ADMINISTRATIVE SERVICES AND INFORMATION
THE HONOURABLE CHAU TAK-HAY, J.P
SECRETARY FOR HEALTH AND WELFARE
THE HONOURABLE RONALD JOSEPH ARCULLI, J.P.
THE HONOURABLE MARTIN GILBERT BARROW, O.B.E. THE HONOURABLE MICHAEL CHENG TAK-KIN, J.P.
THE HONOURABLE DAVID CHEUNG CHI-KONG, J.P.
THE HONOURABLE RONALD CHOW MEI-TAK
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 275 THE HONOURABLE MRS. NELLIE FONG WONG KUT-MAN, J.P. THE HONOURABLE MRS. PEGGY LAM, M.B.E., J.P.
THE HONOURABLE DANIEL LAM WAI-KEUNG, J.P.
THE HONOURABLE MRS. MIRIAM LAU KIN-YEE
THE HONOURABLE LAU WAH-SUM, J.P.
DR. THE HONOURABLE LEONG CHE-HUNG
THE HONOURABLE LEUNG WAI-TUNG, J.P.
THE HONOURABLE JAMES DAVID McGREGOR, O.B.E., I.S.O., J.P. THE HONOURABLE KINGSLEY SIT HO-YIN
THE HONOURABLE MRS. SO CHAU YIM-PING, J.P.
THE HONOURABLE JAMES TIEN PEI-CHUN, J.P.
THE HONOURABLE PETER WONG HONG-YUEN
ABSENT
THE HONOURABLE STEPHEN CHEONG KAM-CHUEN, O.B.E., J.P. THE HONOURABLE DAVID LI KWOK-PO, J.P.
THE HONOURABLE EDWARD HO SING-TIN, J.P.
THE HONOURABLE PAUL CHENG MING-FUN
THE HONOURABLE MRS. ELSIE TU, C.B.E.
IN ATTENDANCE
THE CLERK TO THE LEGISLATIVE COUNCIL
MR. LAW KAM-SANG
276 HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 Papers
The following papers were laid on the table pursuant to Standing Order 14(2): Subject L.N. No. Subsidiary Legislation:
Road Traffic Ordinance
Road Traffic (Driving Licences)
(Amendment) Regulations 1988........................................................... 279/88
Summary Offences Ordinance
Summary Offences Ordinance (Exemption
from Section 13) (No.4) (Amendment)
Order 1988 ........................................................................................... 280/88
Shipping and Port Control
(Hong Kong - China and Macau Ferry Terminals)
Regulations
China Ferry Terminal Boundaries Order 1988 ..................................... 281/88
Consular Relations Ordinance
Consular Relations (Privileges and Immunities)
(Commonwealth Countries and Republic of Ireland)
(Amendment) Order 1988 .................................................................... 282/88
Shipping and Port Control
(Hong Kong - China and Macau Ferry Terminals)
Regulations
Hong Kong - Macau Ferry Terminal
Boundaries Order 1988......................................................................... 283/88
Legal Practitioners Ordinance
Practising Certificate (Solicitors)
(Amendment) Rules 1988..................................................................... 284/88
Banking Ordinance
Banking Ordinance (Amendment of Fifth Schedule)
(No.4) Notice 1988............................................................................... 285/88
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 277
Shipping and Port Control
(Hong Kong - China and Macau Ferry Terminals)
Regulations
China Ferry Terminal Restricted
Area Boundaries Notice 1988............................................................... 286/88
Public Health and Municipal Services Ordinance
Hawker (Permitted Place) (Cessation)
Declaration 1988 .................................................................................. 287/88
Official Languages (Amendment) Ordinance 1987
Official Languages (Amendment) Ordinance 1987
(Commencement) (Operation of New Sections
4B and 4C) Notice 1988....................................................................... 288/88
Shipping and Port Control
(Hong Kong – China and Macau Ferry Terminals)
(Amendment) Regulations 1988
Shipping and Port Control (Hong Kong – China
and Macau Ferry Terminals) (Amendment)
Regulations 1988 (Commencement)
Notice 1988 .......................................................................................... 289/88
Sessional Papers 1988-89:
No.19 — Hong Kong Council on Smoking and Health
Annual Report: 1987 - 1988
No.20 — Revisions of the 1988-89 Estimates
Approved by the Urban Council during the second
quarter of the 1988-89 Financial Year
No.21 — University and Polytechnic Grants Committee
of Hong Kong Report for the 1985-88 triennium
July 1985 to June 1988
278 HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 Address by Member presenting paper
Hong Kong Council on Smoking and Health Annual Report:
1987 - 1988
SECRETARY FOR HEALTH AND WELFARE: Sir, in accordance with section 17(6) of the Hong Kong Council on Smoking and Health Ordinance, the annual report and accounts of the Hong Kong Council on Smoking and Health for the financial year ending 31 March 1988 are laid on the table today.
A statutory body set up in 1987, the council's major functions are to advise the Government on the implementation and development of anti-smoking measures as well as to educate the public on the harmful effects of smoking.
One of the achievements of the council so far has been the formulation of a package of proposed measures designed to strengthen the Government's anti-smoking policy. The council's recommendations cover, among other things, restrictions on smoking in places of entertainment and public transport vehicles, as well as on the sale and advertising of tobacco products. The Government will soon embark on a consultation exercise to solicit the community's views on these recommendations.
Sir, I would like to thank the chairman, members and staff of the Council on Smoking and Health for their efforts in pursuit of the council's objects. I am confident that, with their support, the momentum which we have established in discouraging smoking will be maintained.
Oral answers to questions
Relaxation of the closed camp policy
1. MR. DAVID CHEUNG asked: Will Government inform this Council whether the relaxation of the Vietnamese closed camps policy would have implications on the maintenance of law and order in the community and, if so, what measures would be taken to ensure that the quality of public order would not be adversely affected?
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SECRETARY FOR SECURITY: Sir, the presence of additional Vietnamese refugees in the community will have some implications for law and order but the extent of these is impossible to predict. We shall obviously have to see how the situation develops while at the same time taking certain precautionary steps.
Through the district police commanders and their police community relations officers, we have introduced for Vietnamese refugees an education programme of live and video taped lectures on the laws of Hong Kong, highlighting the refugees responsibilities in the reporting of crime, crime prevention, road safety and many other aspects of life in Hong Kong with which the refugees will come into contact when they leave the camps. These programmes will be operated in all former closed centres.
As the camps are liberalized additional police resources will be deployed to ensure sufficient police beat patrols. For example, both Tuen Mun and Castle Peak Divisions are being strengthened to provide additional coverage of areas close to the camps and busy parts of the town. District commanders will keep a close watch on developments and will deploy further manpower as necessary.
It would be wrong in my view for there to be any general expectation that public order will be adversely affected as a result of the relaxation of the closed camp policy. It has to be remembered that the overall numbers of refugees are relatively small and most of them are law-abiding.
We shall inevitably have to rely on the good sense of the community in general to assist refugees who may, to begin with, not be fully familiar with our ways of life and perhaps some of the concepts of law and order which we take for granted. The programmes being undertaken by the police will be reinforced by programmes of other agencies which will, I am sure, be welcomed by the refugees as part of the trust we are putting in them in relaxing the closed centre restrictions.
We shall be relying on the agencies concerned, the UNHCR, the public and the refugees themselves to co-operate in seeing that law and order is maintained. Trouble makers and law breakers will, of course, be dealt with. With adequate co-operation, forbearance and good sense on all sides the gradual liberalization of these camps should not adversely affect the quality of law and order in the community.
MR. DAVID CHEUNG: Sir, it is exactly because it is impossible to predict the implications that the public, especially those living in the vicinity of the camps, need some assurance. How could these people be given the assurance and how
280 HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 would the people be informed of what the Government is trying or will try to do?
SECRETARY FOR SECURITY: Sir, assurances can of course be given by paying attention to what I am saying this afternoon for one thing; and secondly, through the district boards, through which we have made considerable efforts to brief district board members in the hope that they will be able to pass this on to the community.
MR. LAU WONG-FAT (in Cantonese): Sir, there was additional deployment of police in Tuen Mun following the liberalization of the refugee centres. Would the Government inform this Council whether the increased police presence then was in the same manning ratio as the one currently adopted which is relative to population growth? And in view of the long standing conflict between refugees from North and South Vietnam, what special measures will the Government take, following the liberalization of the refugee centres, to prevent the conflict from spreading to outside the centres in order to ensure peace and order?
SECRETARY FOR SECURITY: Yes, Sir, the additional police which have been deployed have been deployed specifically for the purpose of assisting in the policing of the refugees camp. I am not sure of the precise ratio of this. This is something that I can check on and I will let my honourable friend have an answer in writing. (Annex I) As regards the North South friction, this is something which the police are very well aware of. I think it has perhaps been exaggerated somewhat in the local press but it is something which does exist and, as I say, which both the camp staff and the police are aware of and divisional commanders have been asked to keep a particular close eye on this aspect.
MRS. FAN: Sir, the Secretary in his reply referred to the programme being undertaken by the police which will be reinforced by programmes of other agencies. I would like to raise a question on each of those programmes. The first one is: can the Secretary tell us the duration of the programme by the police and whether such programmes are compulsory for all the refugees to participate in or is it purely on a voluntary basis? And on the programmes by the other agencies, knowing the trust and faith that Vietnamese refugees place in these agencies and the UNHCR, can I ask the Secretary to advise us whether these programmes continue to make the point to the refugees that if they engage in any law breaking activity and as a result committed criminal offence, their chances of resettlement overseas will be jeopardized?
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 281
SECRETARY FOR SECURITY: Sir, I do not have the precise duration of the programmes. They do apply to all refugees but I shall check on this and let Mrs. FAN have an answer in writing on that point. (Annex II) As regards the emphasis which the other agencies place on the damage to resettlement prospects which can be caused by law breaking, as I said on 9 March this year, this is something which refugees are reminded of and I shall certainly re emphasize the importance of this point to voluntary agencies.
MR. HUI: Sir, could Government inform this Council what additional measures it will take before allowing those Vietnamese refugees, who have a criminal and/or violence record, to live in open camps and to work in the community?
SECRETARY FOR SECURITY: Sir, one cannot generalize about this particular matter. There are two points. I think there is no intention of detaining people further who have already been punished. This is one thing. But attention will obviously be paid to individuals whose behaviour or whose character have clear potential for trouble. This is something which, as I have said, the police are well aware of. We shall be making the voluntary agencies and the people who are running eventually the camp at Pillar Point further aware of this. We shall have to clearly see how the situation develops, but we shall keep a close eye on it.
MR. MARTIN LEE: Sir, will the Administration give an undertaking to this Council that it will do everything within its power to dispel fears rather than to instil them in the minds of the public as to the possible consequence arising from the relaxation by the Government of its closed centre policy?
SECRETARY FOR SECURITY: Well, I think the answer to that has to be affirmative, yes. Excavation works
2. MR. MICHAEL CHENG asked: In Hong Kong, excavation works are often carried out simultaneously at various parts along the same section of a road; taking long periods for their completion and immediately dug up again after completion. This causes traffic congestion and inconvenience to the public and results in a waste of public funds. Will Government inform this Council whether such undesirable situations are the result of poor project planning and a lack of
282 HONG KONG LEGISLATIVE COUNCIL — 2 November 1988
proper co-ordination among various government departments concerned, and what improvement measures are in hand to rectify such situations?
SECRETARY FOR LANDS AND WORKS: Sir, our highways have to perform a dual role; they are a route for vehicles and pedestrians, and, less obviously the space in which our essential utility services are installed. The two functions obviously conflict, especially in the urban area where most of the streets are too narrow and buildings exceptionally dense.
On average 100 new road openings are started every working day, of which, again on average, some 80% are planned and their implementation co-ordinated by the Highways Regional Road Opening Co-ordinating Committees. These committees incidentally include representatives of all the public utility bodies — that is Water Supplies Department, electricity companies, gas company and telephone company, and will, I suppose in future, have to include the cable television people. Even planned excavation is disruptive, but this planning and co-ordination do, we believe, mitigate the disruption to traffic and reduce the inconvenience to the public. For instance where there is more than a single application for excavation along a street or a traffic route, the co-ordinating committee will argue the balance of disruption between several excavations for a shorter period on the one hand and an extended period of excavations in series on the other. But in any case some 20% of excavations are emergency openings and these, imposed on top of the planned openings may sometimes seem to negate much of the co-ordination. But broken or breaking utilities must be repaired and I can only say that without the co-ordination the situation would be infinitely worse.
Sir, the last time the problem of road excavations was raised in this Council I said that I intended to re-examine the proposals originally examined in the context of Tuen Mun New Town development for the common ducting of utilities. These had then been rejected because of the additional cost of what would in most cases have to be a very substantial tunnel, and because of the incompatibility of certain different types of utility. It seemed moreover inevitable that excavations would still be involved for utility connections from the ducts to buildings. When we looked at the problem again, these problems still seemed intractable, and in any case in the new towns it has been found possible to direct a substantial number of the utilities into amenity strips, so that the excavations become a temporary environmental rather than a traffic and an environmental problem. There is no possibility of any fundamental improvement of this kind in the crowded urban areas, although even now in major reconstructions of busy inter-sections Highways Department sometimes can and does construct ducts which can carry at least some of the utilities. On the new Central and Wan Chai reclamation, moreover, the consultants have been
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 283
specifically asked to plan the construction of roads so as to minimize the problems from utilities' excavations. The Metroplan will also devote particular attention to utilities in urban replanning schemes from which some graded improvement may eventually be expected.
Sir, I am very conscious that this is something of a defensive answer to a question concerning a matter which accumulatively has a very unfavourable impact on the public, but consistent with being reasonably expeditious (whatever some may say) about permitting utility connections and replacements and repairs, I see no way in which we can presently do very much more to reduce traffic disruption and public inconvenience.
MR. HUI: In modern cities like Tokyo, road repair works are carried out at night time when traffic was light and all dug up areas would be covered for day-time use. Could Government inform this Council if it could follow the obviously better way of road repair practised in Japan and if not, why not?
SECRETARY FOR LANDS AND WORKS: Sir, we do indeed do some road surfacing and repairs at night time and this has been very successful in reducing disruption. As far as I know this system has not been used for utility repairs and excavations and I cannot see problems but I will certainly have it looked at.
MR. MICHAEL CHENG (in Cantonese): Sir, I have a supplementary question which consists of two parts. The first part is in respect of co-ordination. The Secretary for Lands and Works on 13 January this year told this Council that the relevant authorities were satisfied with the way the matter was being dealt with. But one year has elapsed and there is not much improvement to the actual situation. In fact, the situation has worsened. We see throughout the streets of Hong Kong a lot of disruption. For instance, in Junction Road near its intersection with Broadcast Drive, the road has been dug up for over a year and resurfacing has yet to be completed. The Government is still in want of an effective improvement scheme to excavation work in general. Should the Government find out where in fact the problem lies? The second part of my question is: whether Government will consider building at busy junctions, when excavations have to be taken for a long time, a repair tunnel under the highway?
SECRETARY FOR LANDS AND WORKS: Sir, Mr. CHENG has asked whether Government can in fact improve its performance and suggests that the present situation is deteriorating. I know of no reason why the present situation should be deteriorating beyond the fact that certain repairs are certainly taking a bit
284 HONG KONG LEGISLATIVE COUNCIL — 2 November 1988
longer as a result of shortages of labour by the term contractor who has to reinstate the road after the excavation and completion of repairs of utilities. In my answer, I said that I saw no very immediate chance of improvement and I would not like to make an optimistic remark in this Council at this stage. It has been a matter of concern in this Council as long as I can remember. I have read about questions relating to this. The Administration has on many occasions made special efforts to study how it could improve the situation. I could promise that a further such study would be made now. In view of Mr. CHENG's assertion that he considers that public convenience is being worse threatened and worse impinged on than previously, I shall certainly take this matter further. His second question is a good idea. His second proposal that we should put ducts at busy intersections at least is a good idea and it is one which has been adopted in major reconstructions. I have suggested that was the moment to wait for before putting in such ducts because in any case, in a major reconstruction, there is a good deal of disruption and it is better to probably add to rather than to create a major disruption simply for the sake of putting a ducting in.
MR. McGREGOR: Sir, would the Secretary concede that the biggest single problem facing contractors today in regard to road openings and road closings might be the comparative lack of labour in the construction industry?
SECRETARY FOR LANDS AND WORKS: Sir, I consider it may be the greatest special problem of the moment but, in any case, I have over the years witnessed the amount of complaints about road ducts and the amount of questions that are asked in this Council. But contractors have a great deal of other problems as well.
MR. MARTIN LEE: Sir, will the Government inform this Council what is the percentage of all road-works which are carried out at night time? Is it 1% or less?
SECRETARY FOR LANDS AND WORKS: I have no figures on that. Only a limited number of road-works are suitable for that, and there are definite limitations on night work. But as I suggested we could certainly look into increasing that number. Certainly, as suggested by Mr. LEE, the number is small.
MRS. CHOW: Sir, in cases where excavation is done on roads where traffic is congested, is Government satisfied that the contractors concerned are taking
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 285
adequate traffic management measures to eliminate additional congestion caused by such excavations, for example, by requiring light signals to be controlled manually during peak hours to avoid unnecessary additional congestion?
SECRETARY FOR LANDS AND WORKS: Sir, there is, I believe, sufficient supervisory staff in the Highways Department for the numbers of road openings. And these very points which Mrs. CHOW has raised are a very large part of their duties. On the whole, I think the performance is reasonably good, though obviously there will be lapses.
MRS. LAM (in Cantonese): Sir, in excavations, the materials excavated pose environmental hazards and cause a stench. People who pass by or who eat nearby find it rather intolerable. Would the Government inform this Council what preventive measures would be taken?
SECRETARY FOR LANDS AND WORKS: Sir, I do not think it is a universal rule that a trench equals a stench. But I think that the only real measure which the Government can take when such is the case will be to ensure the speedy completion of the excavation and refilling of the trench concerned.
MR. HO SAI-CHU: Sir, may I ask the Secretary to reconfirm that, as I understand it, the practice nowadays is that utility contractors would open the road, do the repair work and then reinstate it temporarily. Then the road contractors would come over to dig up the road again and carry out permanent reinstatement. If that is still the practice, would the Secretary consider changing it to allow the utility contractors to do both the repair works and the permanent reinstatement?
SECRETARY FOR LANDS AND WORKS: Sir, I can confirm that this has been up to fairly recently, the standard procedure. But I can also confirm that new arrangements have been introduced recently by which at least some of the public utilities are doing permanent reinstatement immediately rather than temporary reinstatement and the Director of Highways wishes, wherever possible, that this practice should be expanded.
MR. CHUNG (in Cantonese): Sir, I heard Mr. HUI Yin-fat mention that in Japan road excavations often take place at night. The Secretary has said that some works are in fact undertaken in the evening. Before permits are issued, will the
286 HONG KONG LEGISLATIVE COUNCIL — 2 November 1988
Secretary consider whether such excavations might cause nuisance to residential tenements?
SECRETARY FOR LANDS AND WORKS: The short answer is certainly that the Director of Highways and his co-ordinating committees would have to consider that. But I must correct Mr. CHUNG in one respect. I only mentioned road surfacing being done at night. We have not as far as I know done road trench excavation at night. I am not sure whether it is practicable but in any case, if it were practicable and if it were adopted, we would have to adopt such a procedure as suggested by Mr. CHUNG.
MRS. FAN: Sir, I note from the Secretary's reply that in fact in a year, there is on average 36 500 road openings. In some Western countries, like the United Kingdom, companies which wish to open certain part of the road have to pay a nominal sum for the use of opening that road for depriving the public of that part of the road. This method seems to have the incentive of making such companies finish their work as soon as possible. I wonder whether the Secretary would look into this possibility.
SECRETARY FOR LANDS AND WORKS.: Sir, this has been looked into before and the counter-balancing factor in this has really been that it would require a great deal more staff to operate such a system because it is done on a measured basis. In the United Kingdom, and other countries where this is done it is done on the question of how many days the road is opened. And it would require more people co-operating. But we are in fact internally debating this very measure to consider whether it would be a good one to adopt here.
Fires in guest houses
3. MR. CHUNG asked (in Cantonese): In view of the two serious fires which broke out in guest houses operated in private residential buildings recently, will Government inform this Council of the causes of these fires and what measures will be taken to prevent similar incidents?
SECRETARY FOR SECURITY: Sir, there have been two major fires in recent months in composite buildings, that is to say mixed commercial and residential buildings, which also contain guest houses. The first occurred in Mirador Mansions, Nathan Road on 7 August and mainly involved the shopping arcades
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on the lower floors. No guest houses were directly affected by the fire although occupants were evacuated together with other people in the building. The coroner is still considering whether or not a death inquest should take place and it is therefore not appropriate at present to release the cause of the fire.
The second fire occurred in Chatham Road on 14 September. It mainly involved the 11th floor of the building where the Baccarat Hotel was located. It was caused by an electrical short circuit in the wiring in the corridor.
After the fire in Chung King Mansions in February 1988, a task force under the chairmanship of a Security Branch officer was set up to look into the problem of fire hazards in guest houses. The task force completed its work in July and recommended the introduction of a licensing system for guest houses and similar accommodation. This recommendation has been accepted by the Executive Council. The City and New Territories Administration, which has responsibilities for building management, will assume the licensing responsibility.
Meanwhile, Fire Services officers have visited a large number of known guest houses and have given advice and directions on a range of fire prevention measures covering the removal of fire hazards, the installation of exit signs, portable fire extinguishers and fire alarm systems. Operators have been given two to four months to comply with the requirements. Further visits will continue as a matter of priority to other known guest houses.
MR. CHUNG: Sir, I welcome the introduction of a licensing system for guest houses and similar accommodation. Sir, may I know when the licensing system will take effect?
SECRETARY FOR DISTRICT ADMINISTRATION: Sir, the City and New Territories Administration will soon be working out details including the scope of control, timetables, the detailed licensing procedures and, last yet most important of all, the staffing either through secondment or recruitment. If all goes well, I expect the legislation to be enacted towards the end of the current Session.
MR. BARROW: Sir, this issue causes great concern to the tourist industry and we very much welcome the forth-coming introduction of the licensing system. Would the Secretary for Security confirm that regular visits by the Fire Services Department will be a permanent feature to ensure that requirements under the licensing arrangements are followed?
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SECRETARY FOR SECURITY: Yes, Sir, I shall see that this is done. It is an obvious consequence of the licensing system which is to be introduced.
MR. DAVID CHEUNG: Sir, other than fire hazard, will Government inform this Council whether these so-called guest houses satisfy the other statutory requirements of guest houses? If not, why are they allowed to operate and put the lives of visitors and guests at risk? The second question is: Is it a general practice to allow guest houses to be set up in residential blocks?
HIS HONOUR THE PRESIDENT: It is somewhat outside the scope of the original question but I will ask the Secretary for Security if he would care to comment, or the Secretary for District Administration.
SECRETARY FOR DISTRICT ADMINISTRATION: Sir, these points obviously will be covered among the detailed licensing procedures which will be looked into.
MR. POON CHI-FAI (in Cantonese): Sir, will the Administration inform this Council how many guest houses are, up to the present moment, located in non-commercial or commercial buildings? And as far as fire prevention measures are concerned, do they pose any safety hazard to residents in the buildings concerned or to residential units nearby? Besides, to avoid risks to residents, would it be better to have guest houses located in composite buildings or commercial buildings instead of in residential buildings? If the answer is yes, will the Government consider banning commercially run guest houses from residential buildings?
SECRETARY FOR SECURITY: Sir, I do not have the figures which have just been asked for. I shall have to look into this and give a reply in writing. (Annex III)
HIS HONOUR THE PRESIDENT: Secretary for District Administration, would you care to add?
SECRETARY FOR DISTRICT ADMINISTRATION: Neither have I the details.
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 289 Use of hi-tech electrical appliance by people not medically qualified
4. Dr. IP asked: Is it illegal for anyone who is not medically qualified under the Medical Registration Ordinance or paramedically qualified under the Supplementary Medical Professions Ordinance to use laser, ultrasonic waves, shortwaves, microwaves, magnetic resonance and electrical stimulation in the diagnosis and treatment of patients and, if so, will Government inform this Council:
(a) whether there has been adequate publicity so that the public will be aware of this fact;
(b) whether it is aware of widespread abuse of the above treatment and diagnosis methods by massagers, beauticians, skin experts and Chinese traditional medicine practitioners;
(c) whether it has difficulties in prosecuting offenders; and
(d) whether it will consider requiring the licensing of the application of the methods mentioned above?
SECRETARY FOR HEALTH AND WELFARE: Sir, under section 28(2) of the Medical Registration Ordinance, it is an offence for any person to practise medicine or surgery when he is not registered or provisionally registered or exempted from registration. Section 28(3) provides, however, that section 28(2) shall not apply to treatment:
(a) by way of dentistry performed by a registered dentist;
(b) by way of the dispensation of medicine or poison by a registered pharmacist;
(c) by way of the dispensation of poison by a seller of poisons listed under the Pharmacy and Poisons Ordinance;
(d) in the course of practice of one of the professions listed in the schedule to the Supplementary Medical Professions Ordinance given by a registered or licensed person;
(e) by way of massage given in a massage establishment by or under the supervision of a person licensed to operate the massage establishment;
(f) by way of chiropody, chiropractic or osteopathy; and
290 HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 (g) by way of first aid.
In addition, section 31 of the Medical Registration Ordinance permits a person of Chinese race to practise medicine or surgery according to purely Chinese methods; but such a person is not allowed to diagnose or treat diseases of the eye if he is not a registered medical practitioner.
It follows that, subject to the above qualifications, it ought to be illegal for an unqualified person to diagnose and treat patients using the laser and other methods mentioned in Dr. IP's main question.
The answers to Dr. IP's subsidiary questions are:
(a) there is at present no legislative control on the import, possession or use of devices involving laser, ultrasonic waves, shortwaves, microwaves, magnetic resonance and electrical stimulation; and, from experience, the public is generally aware of the fact that the diagnosis and treatment of patients by unqualified persons is unlawful;
(b) the Government is not aware of any widespread abuse of such devices for the unlawful diagnosis and treatment of patients;
(c) no specific complaints about the unlawful diagnosis or treatment of patients by means of such devices have been received and therefore, there have not been any prosecutions of persons involved in such unlawful diagnosis or treatment; and
(d) there seems to be no need to license the application of the devices or methods in question since we are not aware of any widespread abuse of them; but the Medical and Health Department will continue to monitor the situation.
DR. IP: Sir, a point of clarification rather than a supplementary question. Is the Secretary saying that massagers, chiropractors, osteopaths, Chinese herbalists, bone-setters and acupuncturists may use laser and all other physical methods of treatment mentioned earlier to treat patients?
SECRETARY FOR HEALTH AND WELFARE: No, Sir, if they purport to be giving treatment or diagnosis to patients for diseases, they are not permitted to do so.
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DR. LEONG: Sir, I would like to make a comment and ask a question. In as much as the Secretary for Health and Welfare mentioned that there has been no specific complaint about this unlawful diagnosis and treatment of patient as yet, such unlawful procedures are in existence and the medical profession will be collecting data and reporting them to the authority in the course of time. My question is that I do understand that a committee has been formed known as the Committee on Science and Technology and one of its objectives is to look into the policies concerning these high technologies. When I look through the membership of this committee, to my surprise there is only one member of the medical profession involved. As many of these high technologies will affect ultimately the management of patients, will the Administration take steps to involve more people with medical knowledge in this committee?
SECRETARY FOR HEALTH AND WELFARE: Sir, in reply to Dr. LEONG's question, while it is true that there is only one medically qualified member on the Committee on Science and Technology, I would draw his attention to the existence of a working group on laser safety which has been set up under the Committee on Science and Technology and which has, among its members, two doctors.
PROF. POON: Sir, I am not answering for the Committee on Science and Technology. I am asking a supplementary question here. I would like to make a distinction between those who diagnose and treat patients and those who operate equipment. Sir, I just want to ask the Secretary if operators of such devices mentioned in the main question should also be suitably qualified?
SECRETARY FOR HEALTH AND WELFARE: Sir, I would imagine that if medically qualified persons are treating patients with the use of laser and other equipment, they will be supervising persons operating such equipment.
Mr. ARCULLI: Will the Secretary for Health and Welfare inform this Council what possible objection can there be to the licensing of these devices or methods as injury caused may not become apparent immediately?
SECRETARY FOR HEALTH AND WELFARE: Sir, there is no objection to licensing them. I said in my main reply that because we have so far not received any specific complaints about their abuse, we feel that there is no need at present to introduce legislation to control the use of such devices. But as I said in reply to an earlier supplementary, the working group on laser safety is at the moment
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looking into the question of the extent of usage of laser equipment in Hong Kong and to identify potential problems that may need to be addressed and also to examine laser safety issues. I think before the working group has come to a conclusion and made its recommendations to the Committee of Science and Technology it would be premature for us to come to a separate conclusion ourselves that it is necessary to license such equipment.
DR. IP: Sir, is Government aware that laser is being applied by acupuncturists in the treatment of patients and if so, is this legal? Is Government aware that massage establishments are using shortwaves in the treatment of clients and if so, is this legal? And is Government aware that beauticians are using ultrasonic waves and electrical stimulation in the treatment of clients and if so, is this also legal?
ATTORNEY GENERAL: To drop on a point of order, could I just respectfully remind Dr. IP that questions which seek the elicitation of opinions come very close to offending the Standing Orders.
DR. IP: My last phrase is based....." on the various legislations."
ATTORNEY GENERAL: With respect, you are seeking an opinion.
HIS HONOUR THE PRESIDENT: I think we shall refer this question for a subsequent meeting, Dr. IP. On the question of a point of order on whether you are seeking an opinion or not, I will seek the advice of the Attorney General and you may ask the question at a subsequent meeting.
DR. IP: Sir, may I revise the question to make it in order?
HIS HONOUR THE PRESIDENT: You may try.
DR. IP: Is Government aware that laser is being applied by acupuncturists in the treatment of patients? Is Government aware that massage establishments are using shortwaves in treatment of clients? And is Government aware that beauticians are using ultrasonic waves and electrical stimulation in the treatment of clients?
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SECRETARY FOR HEALTH AND WELFARE: Sir, the Medical and Health Department monitors the situation through the receipt of specific complaints. As far as I am aware the department has not received any specific complaints about the methods of treatment that Dr. IP has referred to.
DR. LEONG: Sir, I would like to refer back to the answer given to us by the Secretary for Health and Welfare on membership of the Committee on Science and Technology. I think his answer to me was only in respect of part of the committee which is on laser safety. My initial inference was that the whole Committee of Science and Technology looked into the policies in respect of all newly developed high technology which ultimately will be used in medical treatment. Will the Administration consider adding more medically knowledgeable persons to the main committee?
SECRETARY FOR HEALTH AND WELFARE: Sir, I should have said in my original reply to Dr. LEONG's original supplementary that I am not the policy Secretary responsible for the Committee on Science and Technology whose members, I understand, are appointed by the Chief Secretary. I would certainly refer his recommendation to the Chief Secretary for consideration.
DR. IP: With reference to the answer "section 31 of the Medical Registration Ordinance permits a person of Chinese race to practise medicine or surgery according to the purely Chinese methods", can Government inform this Council how a non-Chinese person can apply to practise acupuncture in Hong Kong?
HIS HONOUR THE PRESIDENT: That is somewhat outside the scope of the original question. Secretary for Health and Welfare, would you care to comment?
SECRETARY FOR HEALTH AND WELFARE: Sir, I would like to know the answer myself.
Orientation programmes for Vietnamese refugees
5. MR. LAU WONG-FAT asked (in Cantonese): Since Vietnamese refugees come from a region with cultural and social backgrounds different from Hong Kong and have lived in closed centres for a considerable period of time, will
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Government inform this Council whether, upon the opening up of the closed centres, any measures would be taken to enable the refugees to acquire an understanding of the local community, so as to help them adapt themselves to the life outside the centres?
SECRETARY FOR SECURITY: To enable the Vietnamese refugees to adjust to their new environment, arrangements have been made by the government departments concerned to brief them on various aspects of life in Hong Kong. The briefing topics include law and order, road safety, industrial safety, labour relations, public community relations, anti corruption and narcotics. At the same time UNHCR and voluntary agencies are conducting culture orientation courses, health and hygiene courses, Cantonese classes, familiarization visits and vocational training for the benefit of the refugees. Among them, Caritas plans to launch a host family project whereby volunteer local families will entertain Vietnamese families in their spare time with a view to promoting a better understanding between the refugee community and the local community. All these efforts by government departments and the voluntary sector aim at increasing the refugees' understanding of the local community, so as to help them to adapt to the life outside their centres.
Some agencies are running a social adaptation programme including the teaching of Cantonese, as well as orientation and familiarization visits. Many of the programmes are tailor-made to suit particular needs. For example, the job placement agency provides escorts for refugees going out to work for at least a day or two in order to sort out any adaptation problems with employees and employers.
A number of private sector employers also offer to provide orientation programmes for their Vietnamese employees and local banks have been invited to brief refugees on the banking facilities to which the refugees will have access. These will be especially important when the refugees start earning money.
In short, Sir, we are embarking on a major programme for the Vietnamese on a larger scale than before. Some of the programmes are already underway and I am pleased with the co-operation we have received so far from the voluntary agencies and those in the private sector who have offered to assist us. I hope that this co-operation will continue because it will help the refugees, the United Nations and the Government to overcome many of the problems which we are facing. The success of these programmes will enhance the resettlement prospects of refugees and help them to become more productive and useful members of the community while awaiting resettlement.
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MR. LAU WONG-FAT (in Cantonese): Sir, in assisting the refugees to adapt to the life outside the centres the Administration provides educational and counselling services. If after the provision of the services the refugees still do not obey the rules, will the Government decide to impose deterrent measures?
SECRETARY FOR SECURITY: Sir, if not following the rules which Mr. LAU has mentioned amounts to law breaking, then, of course, this will be taken up in the proper way by the police. If it is something less than breaking the law, but there is a clear need for further education or counselling services, these will be provided by the voluntary agencies and/or the Government.
MR. TAI: Sir, in view of the numerous potential problems faced by the public, the Vietnamese refugees and the Government in respect of the implementation of the open camp policy, will the Government inform this Council whether it will consider implementing the open camp policy at a slower pace to ensure smooth adaptation and adjustment by the parties concerned? Would the Government release more details to the public relating to the arrangement of the open camp policy to dispel fear that the open camp policy equates total liberalization? And will Government also consider inviting constructive suggestions to improve the overall situation and to tackle anticipated problems that may arise?
SECRETARY FOR SECURITY: Sir, according to the statement of understanding reached between the Hong Kong Government and the United Nations High Commissioner for Refugees, the Hong Kong Government agrees to start an immediate and progressive opening of the closed centres. It is envisaged that this process will be substantially completed within six months from the date of signing the statement which was on the 20 September. The Government intends to adopt a flexible approach, taking into consideration the different circumstances of each camp and the possible impact on the local community. To achieve this, working groups have been set up to advise the Administration on the appropriate programme of liberalization for individual camps. However, if problems become apparent, the timetable will be adjusted accordingly. Sir, I hope that the answer to the question about the slower process of liberalization is that it will be adjusted according to need. As to the second part of the question, the provision of more details to the public of open camp policy, I have, to some extent, answered that already this afternoon but it is an important point and I shall certainly make sure that the details of the liberalization policy and the pace at which it is proceeding in different localities will be made known in general and also to the community concerned.
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MRS. FAN: Sir, I am very pleased to hear from the Secretary's answer that the Caritas planned to launch a host family project. I believe this is probably one of the very meaningful ways to break down the barrier between local residents and Vietnamese families. Can the Secretary undertake to keep us informed of the progress of this project?
SECRETARY FOR SECURITY: Yes, Sir, I can give that undertaking.
MRS. LAU: Sir, can the Secretary inform this Council whether there are any plans to extend any form of legal advice scheme to Vietnamese refugees to help them in case they should encounter problems with the law?
SECRETARY FOR SECURITY: Sir, I believe such a scheme does exist already, but I shall make sure that this is brought to the attention of the local agencies and the UNHCR.
MRS. LAM (in Cantonese): Sir, will the Government inform this Council whether Vietnamese refugees, when they start to adapt to the life outside the centres or when they start to earn money, need to pay some charges such as rents and fees for medical services?
SECRETARY FOR SECURITY: Sir, I am not quite sure of what charges are made in open camps on refugees. This is something about which I shall give Mrs. LAM a reply in writing. (Annex IV)
MR. DAVID CHEUNG: Sir, educating is one thing but readiness is quite another. Will Government inform this Council how the Government will satisfy that these Vietnamese people are ready for life outside the camp before implementing the policy?
SECRETARY FOR SECURITY: Sir, by careful preparation beforehand as I hope I have given some indication of this afternoon, by the process being monitored as it proceeds and the process going at a regulated pace, a controlled pace, as I hope I have already made clear and by follow-up action as the liberalization takes effect. This, of course, had already started and many of you would have seen on the news last night films of people going out to work and you would already know that many children from camp are attending school
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outside. So far, this has happened without any ill effects and this gives some indication, I think that perhaps the worries, the concerns which have been expressed, may be a little bit exaggerated.
MRS. FAN: Sir, like any new arrivals, Vietnamese refugees entering the society are bound to face problems. The Secretary told us about voluntary agencies running a social adaptation programme. Can the Secretary tell us whether this social adaptation programme also includes follow-up counselling for those refugees who have gone out to work and encountered problems so that they might be helped to handle these problems in a sensible and rational manner?
SECRETARY FOR SECURITY: Sir, I do not have details of counselling. It does exist, but as I said I have not any details this afternoon. I shall provide this to Mrs. FAN in writing, Sir. (Annex V)
Applications for new company names
6. MR. PETER WONG asked: Will the Government inform this Council why the Companies Registry needs to take seven weeks to approve new company names, and whether it will consider reducing the time required, bearing in mind that the use of a desired name for a new business is of prime importance and that such prolonged uncertainty may reflect unfavourable on Hong Kong as an international business centre?
FINANCIAL SECRETARY: Sir, about 22 000 applications for new company names are now received by the Companies Registry each month. This is a considerable increase over earlier years. Also, last year, the number of new companies incorporated increased by 60% and the number of searches by 10%. The problem is further compounded by a significant increase in workload in other areas of the Companies Registry. Hence the delays.
In dealing with an application for a company name the registrar has to consider whether it so closely resembles the name of an existing company as to cause confusion in the public mind. The decision is not easy since there are now over 200 000 registered companies and more than 50 000 reservations of company names, which also have to be checked.
Additional posts have been created in the Companies Registry to help cope with the workload. Furthermore, the problem has been referred to the Standing
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Committee on Company Law Reform for review. After considering the system of registration employed in other jurisdictions the standing committee has recommended that the United Kingdom system should be adopted, whereby a name is registrable provided that it is not identical to that of an existing company, and there is no reservation system.
The standing committee's recommendation is now under active consideration by the Government. Subject to the advice of the Executive Council, it is our intention to introduce into this Council an amendment to the Companies Ordinance, hopefully in the current Session. At the same time, steps will be taken to upgrade the capacity of the present computer system in the Companies Registry in order to provide adequate public search facilities.
MR. PETER WONG: Sir, the number of applications can hardly be news to the registry since the delegation of the Accounting and Law Societies urged for action to tackle this very problem this time last year. Since that time there have been no improvements in that situation, can the Financial Secretary be somewhat more specific as to when the new measures will take effect and what the waiting time for names is likely to be?
FINANCIAL SECRETARY: Sir, the new system that I have described is based upon that used in the United Kingdom and will depend upon an amendment to the Companies Ordinance. As I have indicated I am hoping to introduce the amendment into this Council during this Session. I cannot be anymore precise than that at this stage. Certainly it is likely to be early in the new year, not in the present calender year. As far as the time taken under the new system is concerned, as I have indicated there will be no reservation of company names, so a name will be cleared hopefully very swiftly indeed, in a matter of days, but I would like to turn to that further when I introduce the amending legislation.
Vegetables contaminated with toxic pesticides
7. MISS LEUNG asked: In view of the recent recurrence of suspected food poisoning cases believed to have been caused by consumption of vegetables contaminated by prohibited pesticide, will Government inform this Council whether it will review the effectiveness of the measures it has taken since the occurrence of similar incidents last year and what further measures it will take to provide effective safeguards against the danger of such vegetables?
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SECRETARY FOR HEALTH AND WELFARE: Sir, the recent food poisoning cases were caused by the consumption of vegetables contaminated with methamidophos, a toxic pesticide the import, possession or use of which is prohibited in Hong Kong. Investigations have confirmed that these vegetables were imported from China, where the use of methamidophos on vegetables is prohibited.
Since a previous outbreak of food poisoning cases in late 1987, which was traceable also to vegetables imported from Shenzhen and contaminated with the same pesticide, the Municipal Services Branch has kept the situation under review. It has intensified inspection and sampling at the points of entry. It has also obtained the co-operation of the Shenzhen Import and Export Commodity Inspection Bureau. Both the Municipal Services Branch and the bureau are of the view that control is best exercised at the source of production. A recent meeting in Shenzhen between them has led to the introduction by the bureau of an improved system of export control. Farmers in Shenzhen are now required to submit to the bureau written declarations of the dates on which pesticide was sprayed, the kind and concentration of pesticide used, as well as the dates of harvest. These control measures are supplemented by random tests for residues. Subject to the bureau's clearance, export consignments are tagged for identification.
Since the start of the current outbreak, the Municipal Services Branch has, as a further step to strengthen the system, obtained the bureau's agreement to prohibit, with effect from 1 November 1988, the export of untagged vegetable consignments to Hong Kong. This measure applies to all vegetable consignments exported to Hong Kong through Shenzhen, including those produced in other parts of China outside Shenzhen.
The Government will continue to review control strategies, in co-operation with the Shenzhen authorities, in order to reduce the risk of further outbreaks.
MISS LEUNG (in Cantonese): Sir, from the reply given by the Secretary for Health and Welfare, further measures to deal with choi sum poisoning have basically been undertaken by Shenzhen. As far as Hong Kong is concerned, it is doing no more than forbidding untagged vegetable consignments to be imported into Hong Kong through Shenzhen starting yesterday. The last paragraph of the reply promised that the control strategy will be subject to continuous review and it went no farther than that. Does this mean that the Government is holding the view that no further effective measures can be taken? And does this mean that the sample testing and inspection work at the point of entry is already adequate? Will the Government consider introducing legislation to require pesticides used
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on vegetables to be sold in Hong Kong to conform to a prescribed standard so that public health can be ensured?
SECRETARY FOR HEALTH AND WELFARE: I must, Sir, correct the false impression that Miss LEUNG might have obtained. As far as I understand the action taken yesterday by staff of the Municipal Services Branch at the border was not to stop the importation of such vegetables from China. They were acting under section 59 of the Public Health and Municipal Services Ordinance which relates to the examination, seizure and the destruction of food unfit for human consumption. I understand that they felt obliged to detain about seven tonnes of vegetable consignments yesterday because of lack of the appropriate tags or inadequate tags which the branch and the bureau had agreed should be attached to all consignments from yesterday and that the seven tonnes in question were destroyed after the owners had voluntarily surrendered them to the Municipal Services Branch. Returning to Miss LEUNG's question, Sir, each day between 200 and 300 lorries each carrying between 30 and 80 baskets of vegetable depending on the size of the baskets passed through the border; this means that there could be a total figure of between 6 000 and 24 000 baskets each day passing through our border with Shenzhen. It would neither be practicable nor possible to detain on a long-term basis each and every consignment and have the vegetable tested before it is allowed to enter Hong Kong. It is for this reason, Sir, that we shall have to continue to rely to a very large extent on the co-operation of the Shenzhen authorities and on the effectiveness of their measures to control the problem at source. At the Hong Kong end, the Municipal Services Branch has been able to identify the high risk farms in China. I think there are four of them of which one in particular is the major culprit and I am assured by my colleague, the Secretary for Municipal Services, that his branch will step up monitoring of vegetable produced by these farms through the testing of samples taken at the Cheung Sha Wan Wholesale Vegetable Market. As regards Miss LEUNG's final question on whether the Government would consider legislative controls I would certainly refer her suggestion to my colleague, the Secretary for Municipal Services, but, Sir, I must point out that I have been advised that that would not make too great a difference as long as we are unable to have a 100% check on consignments. That is because the additional steps that may be possible through the introduction of legislative controls could include, for example, the requirement that a health certificate be produced for each consignment. But the details to be entered on the health certificates which have to be issued of course by the Chinese authorities would not be readily verifiable by staff of the Municipal Services Branch. At the moment of course under existing legislation the Government has already been empowered to, as I have said earlier, under section 59 of the Ordinance to examine, seize and, if necessary, destroy food suspected to be unfit for human consumption. So that is
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why I have been advised that it may not make too much difference for legislative controls to be introduced.
MR. NGAI: Would the Government inform this Council whether the control strategies or appropriate measures can also be applied to all food consignments exported to Hong Kong from Mainland China?
SECRETARY FOR HEALTH AND WELFARE: Sir, the key word in my answer so far has been co-operation. To achieve what we have already done we had to seek the co-operation of the Chinese authorities which we readily received. I understand they are as anxious as the Hong Kong Government is to control the problem. As to the suggestion made by Mr. NGAI, I will certainly refer it to the Secretary for Municipal Services but it is a question of the seeking of co-operation.
MR. CHEUNG YAN-LUNG (in Cantonese): Sir, in view of the fact that the Environmental Hygiene Select Committee of the Regional Council is very concerned about the choi sum poisoning incident, will the Secretary inform this Council, in respect of paragraph 4 of his reply, whether the Government will closely co-operate with and listen to the views of the said committee in the course of reviewing the strategies adopted to avoid recurrence of vegetable poisoning? And will the Government impose import licensing control to make importers bear legal responsibility in order to reduce recurrence to a minimum?
SECRETARY FOR HEALTH AND WELFARE: I will certainly convey Mr. CHEUNG's request to the Secretary for Municipal Services who, I am sure, will wish to be as co operative with the relevant committee of the Regional Council as possible. As to Mr. CHEUNG's second question I think I have already answered it in reply to an earlier supplementary question, but I would add that under existing legislation, importers, wholesalers, retailers are already liable to prosecution if an offence has been committed whereby unfit food is being sold in Hong Kong.
DR. IP: Sir, will the requirement that farmers in Shenzhen have to submit to the bureau written declarations apply to dried and canned vegetable and foods? If not, why not?
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SECRETARY FOR HEALTH AND WELFARE: The answer, Sir, is "no". The existing and also the new measures introduced yesterday applied only to fresh vegetable because so far that has been the source of the current outbreak of food poisoning cases.
MR. POON CHI-FAI (in Cantonese): Sir, paragraph 2 of the reply mentioned that since late 1987 following a series of food poisoning incidents, the Municipal Services Branch has been reviewing the import system of vegetables. Will the Government inform this Council how the Municipal Services Branch has been doing this review now that a year has elapsed? Was it because of lapses in the review system that this poisoning incident recurred? Will the Government seek compensation from vegetable farmers or the country concerned?
SECRETARY FOR HEALTH AND WELFARE: The answer to Mr. POON's question is "no". The matter is not a unilateral one. As I said, the best method of control is exercised at the source of production and so the Municipal Services Branch has now obtained the agreement of the Shenzhen Import and Export Commodity Inspection Bureau to put into place the control measures at the source of production and at the point of export. To the second question I think it is not a question that can be answered entirely by the Hong Kong Government. I would refer it to the Secretary for Municipal Services.
MRS. LAM (in Cantonese): Sir, the Secretary for Health and Welfare said the Municipal Services Branch has been inspecting imported vegetables. Does this mean that the poisonous vegetable slipped the checking system provided by Municipal Services Branch and was only discovered when citizens fell victim to it? Is there anything wrong with the inspection system? Will the Government inform this Council whether producers of the vegetables should bear any responsibility and be liable to criminal sanctions?
SECRETARY FOR HEALTH AND WELFARE: I think I have answered both questions already. But I have to repeat, Sir, Hong Kong imports 13.5 tonnes of vegetable every day. Only about 17% of that comes through the Man Kam To border crossing. But it would be impossible as well as impracticable for 100% check to be made on all imports of vegetable. And Municipal Services Branch already examine and take samples of one-fifth of the vegetables crossing the border at Shenzhen. It is not totally within its power to stop all contaminated vegetable from passing through the border. As to the responsibility of the importers, I have said earlier that under existing law not only importers but also wholesalers or retailers are already liable if they are found to have committed an
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offence under section 52 of the Public Health and Municipal Services Ordinance covering the general protection for purchasers of food. Such offences have to be investigated and I understand that it takes three to four months to collect evidence, including evidence from doctors who treated the patients and the patients themselves. For example, in respect of the previous outbreak which occurred in July this year there might possibly be some prosecutions later on, if evidence were to be found.
MR. ARCULLI: Will the Secretary for Health and Welfare inform this Council what steps the Government could have taken had the owners not voluntarily surrendered their goods for destruction? And if there were no steps it could take, is it not time for new legislation?
SECRETARY FOR HEALTH AND WELFARE: Sir, in such circumstance the Government could then have detained the consignments, had them tested and then destroyed if they were found to contain contaminated pesticide residues.
MR. PETER WONG: Sir, I concur with the Secretary's remarks that prevention is better than cure. And in respect of co-operation, may I point out that there is a precedent from Moslem countries placing inspectors in lamb producing countries to ensure that the lambs are slaughtered in the proper manner. Cannot a similar set of procedures work in co operation with the Chinese authorities?
SECRETARY FOR HEALTH AND WELFARE: I will refer Mr. WONG's suggestion to my colleague, the Secretary for Municipal Services.
MR. McGREGOR: Sir, could the Secretary advise whether the facilities exist at the border for checking on this pesticide and if so how long each check might take, in other words, how quickly could the check be carried out?
SECRETARY FOR HEALTH AND WELFARE: Sir, the facilities to test the vegetable for pesticide residues do not exist at the border. Tests have to be carried out in the Government Laboratory by the Government Chemist. I am told that in normal circumstances it takes between five to seven days for the results of tests to be known and that each day the Government Laboratory, because of other priorities, can only do 10 tests. But in an emergency, for example, last Friday and Saturday they were able to do 88 tests and produce results in 24 hours.
304 HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 International Covenant on Civil and Political Rights
8. Dr. LEONG asked: Regarding the Second Periodic Report by Hong Kong under article 40 of the International Covenant on Civil and Political Rights (set out at Annex F of the Second Report of the United Kingdom to the United Nations Human Rights Committee submitted earlier this year), will the Government inform this Council why Hong Kong's Report failed to mention the false news" provision in the Public Order (Amendment) Ordinance which was passed in March last year?
ATTORNEY GENERAL: Sir, under article 40 of the covenant, parties, when requested by the Human Rights Committee, are required to submit reports on the measures they have adopted which give effect to the rights recognized in the covenant. This has now been done by the United Kingdom in respect of Hong Kong and other dependent territories.
The reports on Hong Kong will be considered tomorrow by the Human Rights Committee as part of its hearings presently taking place in Geneva.
A general reference to the Public Order Ordinance as it affects the press was included in paragraph 154 of Hong Kong's Second Periodic Report submitted last year.
In addition, a more specific reference to the "false news" provision in section 27 of the Public Order Ordinance was included in paragraph 15 of a further report which sets out the up-to-date position in respect of the issues mentioned in last year's main report. Paragraph 15 reads, "A review of Section 27 of the Public Order Ordinance which deals with false news is scheduled for the end of 1988."
DR. LEONG: Sir, a follow-up question: why did the same report, that is, the Second Periodic Report by Hong Kong, also fail to mention this year's passage of the Film Censorship Ordinance which legalizes censorship of films on political grounds and which, again, I consider a breach of article 19 of the International Covenant on Civil and Political Rights? Now the Attorney General has just informed this Council that there will be a meeting in Geneva tomorrow. Will this particular aspect also be covered by a supplementary report in Geneva tomorrow?
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ATTORNEY GENERAL: It is outside the scope of the question. Somehow I shall attempt to answer. The Film Censorship Bill was not then enacted when the second report was compiled in December last year. However, reference to the Film Censorship Bill will be made by the United Kingdom delegation in its introductory statement when the Hong Kong report is examined by the Human Rights Committee in Geneva.
MR. MARTIN LEE: Sir, bearing in mind that paragraph 154 of the Second Report referred to by the learned Attorney General reads as follows: "There is no press censorship; normal control over abuse as is found in any free society is exercised respectively under the Registration of Local Newspapers Ordinance, the Public Order Ordinance and the Control of Obscene and Indecent Articles Ordinance" and further bearing in mind paragraph 15 of the further report which the Attorney General gave to this Council earlier in his original reply, will the Administration inform this Council whether the failure to mention section 27 of the Public Order Ordinance in the Second Periodic Report was due to mere oversight or was it because the Hong Kong Government had originally thought that the said section 27 was consistent with "normal control over abuse as is found in any free society"?
ATTORNEY GENERAL: Sir, the purpose of the report, as I said in my main reply, is to report on measures adopted which give effect to the rights recognized in the covenant. To that extent, it is a factual description of, as the words say, measures taken to give effect to covenant rights. Section 27 was not mentioned in the Second Periodic Report because it is not a section that clearly comes within the scope of article 40. But that is not to say therefore we believe that section 27 is inconsistent with the international covenant.
MR. ANDREW WONG: Sir, since we are referring to the paragraphs of the Second Report, will the learned Attorney General inform this Council whether or not the Government is prepared to lay a copy of this Second Report on Hong Kong's human rights situation on the table of this Council? If so, when? And will a Chinese translation be provided? If not, what reasons or considerations does the Government have for not formally doing so?
ATTORNEY GENERAL: Sir, the report is the report of the British Government in relation to all its dependent territories. I shall need to consider whether such a document can properly be tabled in this Council.
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MR. HUI: Sir, could the Administration inform this Council why there has been such a great delay in the presentation of the Second Periodic Report, the first report having been presented in 1984? And is it envisaged that there will be another periodic report submitted on Hong Kong before 1997?
ATTORNEY GENERAL: Sir, under article 40, states parties are required to submit reports when requested by the Human Rights Committee. I do not know when the request to the British Government that prompted the present report, which, Sir, I have said relates to all dependent territories, is made. I shall endeavour to find out and let Mr. HUI have a written reply. As to the second part of his question, I repeat that reports are submitted on the request of the Human Rights Committee. I could not of course say whether the committee will request a further report on Hong Kong before 1997. (Annex VI)
MR. MARTIN LEE: Sir, will the Administration inform this Council: (1) whether it is the intention of the Hong Kong Government to press Her Majesty's Government to become a signatory to the Optional Protocol to the International Covenant on Civil and Political Rights so that individuals in Hong Kong claiming to be victims of violations of any of the rights set forth in the said covenant can lodge their complaints with the Human Rights Committee and (2) if not, why not?
HIS HONOUR THE PRESIDENT: Somewhat outside the scope of the question. But the Attorney General may care to comment.
ATTORNEY GENERAL: I regret to say, Sir, that is outside the scope of the question and I would require notice of it.
Provision of health care staff
9. MR. CHOW asked (in Cantonese): Regarding the provision of health care staff, will Government inform this Council of the position, both currently and over the past five years, relating to shortage, wastage, recruitment efforts and the response to such efforts, and the ratio of staff who underwent local and overseas training; and whether, in the matter of
recruitment of staff, efforts are now being made to meet not only existing needs but also future needs arising from the hospital expansion programme and construction of new hospitals?
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SECRETARY FOR HEALTH AND WELFARE: Sir, Mr. CHOW's question covers a period of some five years and involves the provision of detailed statistics covering some 30 different grades of health care staff. In addition, information is sought on specific training arrangements for a large number of health care workers as well as future staffing arrangements for new hospital projects.
I am afraid that it has not been possible to compile all the information requested by Mr. CHOW in the time available. I am, however, able to provide information on two of the larger categories of health staff, namely nurses and medical technologists. I intend to provide further information in writing to Mr. CHOW on these and the remaining categories at a later date. (Annex VII) I hope he will find this acceptable.
Registered and student nurses form the largest category of staff in the Medical and Health Department, with a current establishment of 9 262. The shortage against this establishment in April 1988 was 108, or 1.2%. Over the last five years, the lowest shortage recorded was seven, or 0.1% in 1986-87 and the highest was 120, or 1.6% in 1985-86.
During the first six months of 1988-89, a total of 317 nurses and student nurses left the service and a total of 231 were recruited. During the previous five year period, the lowest number of leavers, some 286, was recorded in 1985-86 and the highest, a total of 479 in 1987-88.
The wastage rate for the first six months of 1988 was 3.5% and during the last five year period has ranged from a minimum of 3.8% in 1985-86 to a maximum of 5.6% in 1987-88.
In the first six months of 1988-89 a total of 1 897 nurses undertook some form of training, either locally or overseas. Over the preceding five years the respective numbers, were 1 898; 2 319; 2 769; 3 333 and 4 150. These figures represent approximately 35% to 45% of the total establishment during the period. Some 15 to 20 nurses were trained overseas each year.
I am also able to provide some information on the medical technologist grade. As at 1 April 1988, the established strength of the grade was 222 against which 24 posts remained unfilled. Since 1983, 15 officers have left the grade, the greatest number being recorded in the current financial year. As at 1 October 1988, six officers had left the grade, compared to an average of two per year for the previous three years. The annual wastage rates in this grade have remained relatively low at around 1% to 2% per annum.
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During the last five years, a total of 322 officers undertook local training courses and 51 were trained overseas. These figures represent, on average, some 28% and 5% of the grade respectively.
With regard to the staffing of new hospital projects it is the normal practice to plan for the provision of new staff required some two or three years in advance of a hospital's completion date. As at 1 October 1988, 1 537 registered nurses posts had been created for the commissioning of the new Tuen Mun Hospital and the Queen Mary Hospital Extension projects.
As I have stated earlier, I shall provide Mr. CHOW with further details in writing on all the various categories of health care staff employed in the Medical and Health Department.
MR. CHOW (in Cantonese): Sir, in the third paragraph of the reply, it is pointed out that there is a current establishment of 9 262 registered and student nurses. Will Government inform this Council of this number how many are student nurses? In the past the Government were of the opinion that student nurses were not formal staff but now they are included in the establishment. Is that rather tricky? Paragraph 9 of the reply points out that as at 1 October 1988, 1 537 registered nurses posts were created but in the first half of this year only 231 registered and student nurses were recruited. Paragraph 4 and 5 also point out that in the first half of this year 317 nurses and student nurses, or 3.5% of the total, left the service and this is equivalent to the same figure for the whole of 1985-86. What will the Government do to attract more staff and to keep existing nursing staff in order to meet the very tight working schedules and to meet the new demands arising from the establishment of the new Tuen Mun Hospital in 1989?
SECRETARY FOR HEALTH AND WELFARE: Sir, the statistics that I have with me do not provide the breakdown between registered and student nurses. I believe that the relative mix between registered nurses and student nurses is not static, because as student nurses become qualified they become registered nurses. I do not think, Sir, that there was any intention to play around with statistics. As regards the shortage and wastage figures quoted by Mr. CHOW, and the questions he asked in relation to them, the answer is that advertisements for student nurses and registered nurses are placed throughout the year. These are supplemented by promotional efforts to recruit staff through career exhibitions, talks, pamphlets and posters. The response to these promotional efforts has to date been satisfactory. For example, in the current year, some 500 suitable applicants have been offered employment in the nursing grades. This compares with the total of 317 who left the service during the first six months of 1988-89
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 309
which means that if all 500 had been prepared to accept the offer of appointment, the vacancies would have been filled quite easily. But unfortunately, Sir, vacancies continue to exist because not all of these applicants accepted the offer of appointment and the extent to which this occurs, that is, the rejection of offers of appointment depends mainly upon the alternative opportunities for employment outside nursing and also on the overall labour situation. At present because of the overall shortage of labour, the opportunities for alternative employment are very attractive.
DR. IP: If the establishment of nurses is based on that recommended last year by the Medical Development Advisory Committee rather than based on the current government establishment what will the shortage of nurses be for 1988-89?
SECRETARY FOR HEALTH AND WELFARE: Sir, I shall provide a reply in writing. (Annex VIII)
DR. LEONG: Sir, the Secretary for Health and Welfare provided us with a very impressive figure in respect of overseas and local training for nurses and technicians. Can the Administration inform this Council of the percentage that has been set for training by Government and the percentage of training acquired by the staff themselves?
SECRETARY FOR HEALTH AND WELFARE: Sir, I do not have the information requested by Dr. LEONG. I was under the impression that the figures that I had been given covered government-financed training.
MR. CHOW (in Cantonese): Sir, I have a supplementary question which has been covered partly by Dr. LEONG. But in paragraph 6 of the reply, it is pointed out that the number of nurses trained locally account for 35% to 45% of the total establishment. Could the Government clarify how many within these percentages are student nurses receiving basic pre-service training and how many are registered nurses on in-service basis and what are the types or categories of in-service training available to registered nurses?
SECRETARY FOR HEALTH AND WELFARE: Sir, I understand that the training figures in the paragraph referred to by Mr. CHOW do not include the basic training done in nursing schools of which about 1 070 places are available each year. I understand that the numbers shown are for post-basic training
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attendance, that is, the same nurse may have attended more than one course. So the number does not relate to an absolute number of nurses but the number of attendances.
MR. POON CHI-FAI (in Cantonese): Sir, will Government inform this Council whether wastage of nurses in subvented hospitals is any more serious than that in government hospitals? Is that because the terms offered by subvented hospitals are inferior to those offered by government hospitals?
SECRETARY FOR HEALTH AND WELFARE: Sir, I do not have the information and I shall provide it in writing (Annex IX).
MR. CHOW (in Cantonese): Sir, since the reply was that 35% to 45% does not include the basic training for student nurses, if 35% to 45% of the staff within individual departments each year are being trained either locally or overseas, will that give rise to any manpower problems?
SECRETARY FOR HEALTH AND WELFARE: Sir, as I said in my main reply, in the time available it has not been possible to compile all the information requested by Mr. CHOW and I shall be providing further information to him not only on the remaining categories which have not been mentioned in my main reply but also on the two which have been referred to in my main reply, and I shall include the answer to his question in my answer to him in writing in due course.
MR. TIEN: Sir, will the Government inform this Council whether registered nurses would meet the existing policy of the Immigration Department and be imported into Hong Kong?
HIS HONOUR THE PRESIDENT: Secretary for Health and Welfare, I do think that is too far outside the scope of the original question. If you would like to put that down as a separate question, Mr. TIEN, we shall consider it in a further meeting.
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DR. IP: I request that all the answers to be given in writing will be tabled and included in Hansard.
HIS HONOUR THE PRESIDENT: Yes, we can give that undertaking. Written answers to questions
Translation of court documents
10. MR. TAM asked (in Cantonese): Since at present the High Court does not provide translation services for statements and pleadings submitted in Chinese, will Government consider introducing such services in future?
SECRETARY FOR ADMINISTRATIVE SERVICES AND INFORMATION: Sir, a working party set up by the former Chief Justice has recommended that more use of the Chinese language in the courts should be encouraged. A sub-committee of the working party will carry out a detailed study on the resources to implement the recommendation. The study will begin with the lower courts and end up with the Court of Final Appeal. It is expected to be completed in a few months' time.
Upon completion of the study, the Government would consider the feasibility of translating court documents submitted in Chinese.
Legal Aid
11. MR. TAI asked: In view of the rising costs of litigation, will Government inform this Council whether or not it will review the financial criteria regarding eligibility for legal aid so that such assistance may be available to a wider sector of the public?
SECRETARY FOR ADMINISTRATIVE SERVICES AND INFORMATION: Sir, the limit of eligibility for legal aid has been reviewed from time to time. The level of disposable capital allowed for in the formula for determining eligibility was last increased in 1984 from $10,000 to $15,000; and the level of disposable income was increased in 1986 from $1,500 to $2,200 per month.
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At the same time, the level of deductible personal allowances is kept under constant review and adjustments are made as necessary. The level was increased twice in 1988 in line with similar adjustments made to the scale of basic rates of allowances payable under the Public Assistance Scheme.
The Government is aware of the desirability of extending assistance to a wider sector of the public and is conscious of the rising cost of litigation. A review of the limit of eligibility is planned to take place again before the end of this year.
Pollution in the Ho Chung River
12. MR. TAM asked (in Cantonese): Will Government inform this Council of the cause of a recent incident in which a number of primary school pupils in Sai Kung were affected by an unidentified gaseous emission; whether this incident was connected with the dumping of industrial waste into the Ho Chung River; and, if so, what steps will be taken to deal with the environmental problem?
SECRETARY FOR LANDS AND WORKS: Sir, although officers of the Environmental Protection Department were on the scene within 45 minutes of receiving a report, they were unable to define the cause of this incident, because when the area was inspected, no strange smells were detected. We cannot therefore say whether the incident was connected with the dumping of industrial waste into the Ho Chung River, or indeed from nearby streams polluted by livestock wastes.
However, Members may be interested to know that of the four factories which have polluted the Ho Chung River for many years, two have ceased operation as a result of lease enforcement action. The other two factories have installed treatment plants, and when these are operating properly, and after proposals for preventing the colouring of the river water have been carried out, pollution in the Ho Chung River will be reduced to an acceptable level.
Government Business
First Reading of Bills
COMPANIES (AMENDMENT) (NO. 3) BILL 1988
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 313 INLAND REVENUE (AMENDMENT) (NO.2) BILL 1988
MOTOR VEHICLES (FIRST REGISTRATION TAX) (AMENDMENT) BILL 1988
Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
Second Reading of Bills
COMPANIES (AMENDMENT) (NO. 3) BILL 1988
THE FINANCIAL SECRETARY moved the Second Reading of: "A Bill to amend the Companies Ordinance".
He said: Sir, I move that the Companies (Amendment) (No. 3) Bill 1988 be read the Second time.
The purpose of this Bill is to introduce a number of miscellaneous amendments to the Companies Ordinance to provide for the better administration of company law in Hong Kong. These amendments reflect recommendations made by the Standing Committee on Company Law Reform, the Insurance Advisory Committee, the Law Reform Commission and by the Registrar General. The opportunity has also been taken to correct minor textual errors in the Ordinance and to deal with some procedural matters.
The main provisions of the Bill that I would like to highlight deal with prospectuses, the age limit for company directors, preferential payments in insurance company liquidations and the filing of annual returns.
Illustrations in prospectuses:
Section 38D of the Ordinance provides that no company may issue a prospectus containing any photographs or illustrations of a pictorial or graphic nature. This provision, however, does not apply to foreign companies and there is no similar provision in the British legislation. Nowadays, the use of graphics can help to make prospectuses more comprehensible, particularly when the company is involved in advanced technology. We consider that this prohibition should now be lifted and clause 4 of the Bill seeks to amend section 38D accordingly.
314 HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 Minimum age for company directors:
Under section 157C of the Ordinance, the minimum age for appointment as a director of a company is 21. Clause 5 seeks to amend section 157C to lower the minimum age to 18, in line with the Law Reform Commission's recommendation in its Report entitled "Young Persons — effects of age in civil law". Youth will have its day.
Preferential payment in insurance company liquidations:
Under section 265(1) of the Ordinance payment of wages, salaries and other benefits to employees and workmen and statutory Crown debts take priority over other debts in the winding up of a company. There is, however, no provision for preferential treatment of persons with insurance claims against an insurance company in liquidation; they are regarded as general unsecured creditors. This situation can give rise to hardship where, as is often the case, the liquidation process is lengthy or the assets insufficient to meet the claims of all creditors. While the Insurance Companies Ordinance gives some protection to claimants under contracts of life insurance, there is no equivalent protection given to claimants under contracts of general, that is non-life insurance.
To relieve possible hardship, clause 9 seeks to amend section 265 to establish a hierarchy of preferred claims in the event of the winding up of an insurance company. The first class will continue to be existing claims under section 265(1). A new second class will be claims under an insurance contract written by an authorized insurer in Hong Kong. This will cover direct insurance business and is designed to give the greatest protection to individual claimants, that is policy holders and entitled third parties. To avoid double benefits, it will exclude claims eligible for relief under insolvency compensation schemes such as the Motor Insurers' Bureau Insolvency Fund.
A new third class of priority claims will be claims under contracts of re-insurance, after offsetting all receivables. These claimants will usually be other insurance companies. Both new classes will relate only to general insurance business. Also, to avoid double benefits, both classes will exclude claims accorded priority in another jurisdiction.
Filing of annual returns:
Section 109 of the Ordinance requires a company to submit its annual return to the Registrar of Companies for registration within 42 days of its annual general meeting. Failure to do so is an offence. The registrar has mounted several prosecutions but these have proved to be very time-consuming. We
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 315
consider that a more effective way to tackle the growing problem of defaults is to introduce penalty rates upon late filing.
At present the fee payable upon delivery of the annual return is $50 for a private company and $100 for any other company. Clause 13 of the Bill seeks to amend section 109 to remove this distinction so that all returns submitted for registration within 42 days will attract a fee of $50. In addition it introduces a scale of fees, ranging from $500 for delivery more than 42 days after but within three months of the annual general meeting to $1,500 for returns filed after six months.
Sir, I move that the debate on this motion be adjourned.
Question on adjournment proposed, put and agreed to.
INLAND REVENUE (AMENDMENT) (NO.2) BILL 1988
THE FINANCIAL SECRETARY moved the Second Reading of: "A Bill to amend the Inland Revenue Ordinance".
He said: Sir, I move that the Inland Revenue (Amendment) (No. 2) Bill 1988 be read the Second time.
This Bill seeks to give legislative effect to certain amendments relating to two aspects of the principal Ordinance. The first concerns the Inland Revenue Board of Review. Under the principal Ordinance, various appeals are dealt with by a Board of Review. The Board is an administrative tribunal responsible for dealing with appeals from taxpayers dissatisfied with determinations made by the Commissioner of Inland Revenue. At present there is a substantial backlog in the number of appeal cases awaiting hearing.
Accordingly, it is proposed to increase the number of Deputy Chairmen of the Board of Review from six to 10 and the maximum size of the panel of members from 100 to 150. The increase will enable more sittings to be held so that the Board could carry out its work more expeditiuosly. I am grateful, Sir, to have this opportunity to acknowledge the valuable work carried out by the board in relation to the administration of the Inland Revenue Ordinance.
The second aspect of the principal Ordinance concerns the collection of profits tax from non-resident persons. The Inland Revenue Ordinance provides that non-residents shall be chargeable to tax either directly or in the name of his agent in Hong Kong. Certain administrative difficulties have arisen following upon a decision of the High Court in which there was a finding against the
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Commissioner of Inland Revenue in a case where he sought to tax a non-resident person in the name of a Hong Kong company. I need not go into all the details, but essentially the decision against the commissioner turned on the interpretation of the definition of "agent" in relation to a non-resident person under the Ordinance.
The amendment contained in clause 2 of the Bill will enable a non-resident to be charged in the name of a person in Hong Kong where that person, although not an agent of the non-resident, is, nevertheless, a person from whom the non-resident is in receipt of profits or income arising in Hong Kong. It is also made clear that a Hong Kong person chargeable to tax in respect of a non-resident is required to deduct from any sum paid or credited by him to the non-resident an amount sufficient to produce the tax due.
I should emphasize, Sir, that the amendment in relation to the taxation of non-resident persons does not alter the present taxation policy or, indeed, its application. What it is designed to achieve is to restore the position to that which was thought to exist prior to the High Court decision.
Sir, I move that the debate on this motion be adjourned.
Question on adjournment proposed, put and agreed to.
MOTOR VEHICLES (FIRST REGISTRATION TAX) (AMENDMENT) BILL 1988
THE SECRETARY FOR TRANSPORT moved the Second Reading of: "A Bill to amend the Motor Vehicles (First Registration Tax) Ordinance".
He said: Sir, I move the Second Reading of the Motor Vehicles (First Registration Tax) (Amendment) Bill 1988.
The purpose of this Bill is twofold. The first is to impose first registration tax on special purpose vehicles. The second is to exempt buses used solely for the training of bus drivers from such a tax.
Special purpose vehicles are used primarily for purposes other than the carriage of goods or persons. They include such vehicles as mobile cranes, bulldozers and fork lift trucks. They were formerly included in the general definition of "motor vehicle" under the Motor Vehicles (First Registration Tax) Ordinance and subject to a 15% first registration tax. On 13 May 1983, separate definitions for different classes of vehicles were introduced into the Ordinance, but the definition for special purpose vehicles was unintentionally omitted. This
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 317
excluded them in law from first registration tax although in practice they carried on paying such a tax. To correct this anomaly, this class of vehicle is included in the main Ordinance, specifying that it shall be subject to a 15% first registration tax. As regards those vehicles registered after 13 May 1983 and before the enactment of this Bill, it is considered appropriate to refund the tax collected to vehicle owners upon application, in accordance with the principle of no retrospective legislation.
Buses used by franchised bus companies and the Kowloon-Canton Railway Corporation for operating a public bus service are exempted from first registration tax. However, buses used for the training of bus drivers are subject to such a tax because, legally, they are classified as private buses. The amendment now proposed is to exempt such buses from first registration tax as the training of bus drivers is essential to the operation of public bus service.
Sir, I move that the debate on this motion be adjourned.
Question on adjournment proposed, put and agreed to.
LANDLORD AND TENANT (CONSOLIDATION)(AMENDMENT) BILL 1988 Resumption of debate on Second Reading which was moved on 20 October 1988
Question proposed.
At this point, the following Members declare their interest:
Mr. CHEUNG Yan-lung as a director and as the spouse of the director of a company which is a landlord, as a landlord and as the spouse of a landlady.
Mrs. Selina CHOW as a director of a company which is a landlord.
Miss Maria TAM as a landlady.
Dr. Henrietta IP as a director of a company which is a landlord.
Mrs. Rita FAN as a landlady.
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Mr. Peter POON as a landlord, and as a director and shareholder of a company which is a landlord.
Mr. CHUNG Pui-lam as a landlord and as a tenant.
Mr. HO Sai-chu as a director of a company which is a landlord.
Mr. NGAI Shiu-kit as a landlord, and as a director of a company which is a landlord. Mr. LAU Wong-fat as a landlord.
Mr. Martin BARROW as a director of a company which is a landlord. Mr. LAM Wai-keung as a landlord.
Mrs. Miriam LAU Kin-yee as a spouse of a landlord.
Mr. Jimmy McGregor as a landlord.
Mr. Kingsley SIT as a shareholder of a company which is a landlord.
Mr. James TIEN Pei-chun as a landlord, and as a director of a company which is a landlord. Question 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.
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL 1988 Clauses 1 to 10 were agreed to.
Council then resumed.
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 319 Third Reading of Bill
THE ATTORNEY GENERAL reported that the
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL 1988
had passed through Committee without amendment and moved the Third Reading of the Bill.
Question on the Bill proposed, put and agreed to.
Bill read the Third time and passed.
Adjournment and next sitting
HIS HONOUR THE PRESIDENT: In accordance with Standing Orders I now adjourn the Council until 2.30 pm on Wednesday 9 November 1988.
Adjourned accordingly at twenty-seven minutes to Five o'clock.
Note: The short titles of the Bills listed in the Hansard have been translated into Chinese for information and guidance only; they do not have authoritative effect in Chinese.
Reprography by the Government Printer, Hong Kong 172101-6L-12/88
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 I WRITTEN ANSWERS
Annex I
Written answer by the Secretary for Security to Mr. LAU Wong-fat's supplementary question to Question 1
An additional 22 police officers have been deployed to the Tuen Mun Police District. This was partly to bring the district up to its establishment, but also took into account the liberalization of three closed centres in Tuen Mun.
There is no fixed police/population ratio for determining police deployments. A combination of factors is taken into account, including the local crime rate, density of population, its distribution and stability. For the third quarter of 1988, the de facto police/population ratio for the territory was 1:538. This refers to officers engaged in outdoor duties and does not include those performing administrative or station duties. During the same period the de facto police/population ratio for the Tuen Mun Police District was 1:394. The higher concentration of police resources in Tuen Mun was due to its wider distribution of population than in other districts.
The present total population of the three closed centres in Tuen Mun is 5 700. If the Tuen Mun ratio is applied an additional 15 officers would be required and if the territory wide ratio were to be used an additional 11 officers would be necessary. It follows that the anticipated increase in the local population provided by Vietnamese refugees is more than covered by the recent deployment of 22 additional police officers to the district. Nevertheless, I must again stress that the deployment of police resources is governed by the law and order requirements of the local community, which are kept under constant review, and that there is no fixed police/population ratio.
Annex II
Written answer by the Secretary for Security to Mrs. FAN's supplementary question to Question 1
The programme for the three closed centres in Tuen Mun are organized by the Police Community Relations Officer (PCRO) of the Tuen Mun Police District. He has recently completed a series of five briefings each of one hour's duration, which covered such topics as road safety, definition of petty crimes (including thefts, littering, unlawful possession, assault and so on), laws of Hong Kong in general, police powers of search and arrest, advice on prevention of crime, procedures for reporting crime, and the implications of criminal records on resettlement prospects. A tape in Vietnamese was made of these briefings and is played over the public address systems of the closed centres each day. In additional, the PCRO makes frequent liaison visits to the closed centres to ensure that the refugees are adequately prepared for their introduction into the community.
II HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
For the Sham Shui Po Closed Centre, the Assistant Divisional Commander (Operations) has the responsibility for briefing the refugees. He has delivered three briefings of one hour's duration each at the centre covering the same topics as mentioned above. He makes fortnightly visits to the camp in order to maintain a high level of awareness.
Participation by the refugees in these briefings is voluntary, but none the less encouraging, with attendances by about 800 refugees from the Sham Shui Po Closed Centre, and 2 000 from the three closed centres in Tuen Mun.
Annex III
Written answer by the Secretary for Security to Mr. POON Chi-fai's supplementary question to Question 3
The exact number of guesthouses is unknown as they are not required to be licensed. A rough estimate made earlier this year on the basis of business registration certificates issued by the Inland Revenue Department suggests that there could be around 1 100 such establishments.
The presence of guesthouses in multi-storey buildings, be they residential, commercial or composite buildings, does not pose any greater fire risk to other occupants in the same building than normal private domestic premises. There is no difference in terms of fire hazard as to whether guesthouses are situated in residential, commercial or composite buildings.
In these circumstances there is no question of the Government considering a ban on the operation of guesthouses in residential buildings, which would, in addition, frustrate the user clause in the lease under which the land for residential buildings was granted or sold years ago.
Annex IV
Written answer by the Secretary for Security to Mrs. LAM's supplementary question to Question 5
At present refugees in the liberalized camps do not have to pay fees for board and lodging, or for medical and other services. The Government has considered the possibility of recovering the costs of these services from the refugees who have managed to find outside employment, but decided that it would not be cost effective to do so.
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 III WRITTEN ANSWERS—Continued
Under the Statement of Understanding reached between the Hong Kong Government and the United Nations High Commissioner for Refugees (UNHCR), it was agreed that the refugee closed centres should be substantially liberalized within six months from 20 September 1988 (the date of the signing of the Statement). The various services are in the process of being handed over to the UNHCR. For example, the medical services at the Sham Shui Po Closed Centre have been taken over by a voluntary agency.
We believe that this is not the time to start calculating the appropriate rates for charging refugees, devising the necessary waivers and arranging for the collection of fees. Job placement is a gradual process, and only those who have jobs would be able to pay charges, if imposed. It would therefore be unfair to apply charges across-the-board as this could cause genuine hardship. It is also possible that the costs of the staff resources and administrative work involved would exceed the payments recovered from refugees.
In view of these constraints, I would not favour any plans at this stage to recover the costs of providing board and lodging for Vietnamese refugees in the closed centres. As regards medical fees, and despite the UNHCR's intention to provide a free medical service at the refugee centres, any refugees who are referred to outside clinics or hospitals for treatment, after the liberalization of the closed centres has been completed, will be charged in the same way as local residents.
Annex V
Written answer by the Secretary for Security to Mrs. FAN's supplementary question to Question 5
Counselling service is provided by the voluntary agencies running the job orientation programmes for the refugees, and by the Hong Kong Christian Aid to Refugees (HKCAR) Job Placement Unit providing employment services for them. A list of the voluntary agencies concerned is given below. The HKCAR sees a growing need for such services and its Job Placement Unit has recently been enlarged by the recruitment of four employment counsellors, whose responsibilities include follow-up services for those refugees who encounter work-related problems.
List of voluntary agencies providing counselling service for refugees
Name of agencies
Refugee centres providing counselling service
Tuen Mun (Bowring) Save The Children Fund Closed Centre
IV HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
Name of agencies
Refugee centres providing counselling service
San Yick Closed International Social Service Centre Hong Kong Branch
Pillar Point Closed International Social Service Centre Hong Kong Branch and Save The Children Fund
Sham Shui Po Closed Caritas
Centre
Annex VI
Written answer by the Attorney General to Mr. HUI's supplementary question to Question 8
Under article 40 of the International Covenant on Civil and Political Rights, states parties undertake to submit reports on the measures they have adopted which give effect to the rights recognized in the covenant and on the progress made in the enjoyment of those rights, within one year of the entry into force of the present covenant for the states parties concerned, and thereafter whenever the committee so requests. The United Kingdom submitted its first report in 1977 and the reports by its dependent territories in 1978. These reports were considered by the Human Rights Committee in 1979.
In August 1984, the United Kingdom submitted its second report, in which it undertook to submit separately a supplementary report describing the position in its dependent territories. Hong Kong submitted its second report to the United Kingdom in April 1985. However, this was not sent to the Human Rights Committee because the United Kingdom was waiting for returns from other dependent territories. Due to this delay, Hong Kong was asked to update its second report in August 1987. Hong Kong's updated second report was sent to the United Kingdom in December 1987. The United Kingdom's second report on all of its dependent territories was sent to the Human Rights Committee in May 1988. A further report from the United Kingdom on its dependent territories was sent to the committee in September 1988 providing information on developments since May 1988.
At the meeting of the Human Rights Committee on 4 November, Britain was asked to hand in a report next year. Hong Kong will be ready to produce its part, but the exact date of the submission of the United Kingdom report will depend on factors such as the submission by other dependent territories, and is a matter for the United Kingdom Government to decide.
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 V WRITTEN ANSWERS—Continued
Annex VII
Written answer by the Secretary for Health and Welfare to Mr. CHOW's request for data in Question 9 and a supplementary question thereto
The data requested is attached at Annex VII (A), Appendices I to XIII. These relate to 10 grades of staff and cover the period from 1983-84 to 1988-89. The data relating to local post-basic training refers to the number of attendances on such courses and not the number of attendees.
The information relating to staff shortages is provided by rank for each grade from 1983 to 1988 and is attached at Annex VII (B), Appendices 1 to 66.
With reference to post-basic training courses, the figure quoted in the main answer refers to the number of attendances on various types of short duration courses, held locally. In this context, a nurse may attend more than one course during a year. These arrangements are structured so that they do not create manpower problems in terms of service requirements.
VI HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
Annex VII (A) App.I
Registered & Student Nurses (both General & Psychiatric)
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 6 306 7 094 7 563 7 929 8 527 9 262 1 April #(484) #(1 059) #(339) #(204) #(830) #(1 509)
Strength as at 1 April 6 267 6 986 7 443 7 922 8 492 9 154
Vacancy as at 1 April 39 108 120 7 35 108 (0.6%) (1.5%) (1.6%) (0.1%) (0.4%) (1.2%)
Wastage during the 252 310 286 312 479 *317 financial year (4.0%) (4.4%) (3.8%) (3.9%) (5.6%) (3.6%)
No. of application RN 374 654 *207 received during the ---------------------- SN 2 853 2 642 1 219 financial year Total 3 227 3 296 1 426
No. recruited during 971 761 765 882 1 141 *231 the financial year
including
(A) Direct recruitment (106) (193) (156) (172) (310) (102) to RN
(B) Intake of SN (865) (574) (609) (710) (831) (129)
No. of attendances at local
training
(i) Professional Course 213 282 265 692 1 491 632
(ii) Management 1 663 2 025 2 490 2 62 2 642 1 251 Course 1 876 2 307 2 755 3 318 4 133 *1 883
No. underwent overseas 22 12 14 15 17 *14 training
Total local & overseas
training 1 898 2 319 2 769 3 333 4 150 *1 897
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 VII WRITTEN ANSWERS—Continued
App. I (Cont'd)
As at 1.10.1988 Establishment : 9 426
Strength: 9 061 Vacancy : 365
Training posts for new projects : 1 537 (not including 250 RN (Gen) posts endorsed by
DEC on 5.10.88)
Remarks: # Figures in brackets denotes "Training posts for new projects". * up to 1.10.1988
VIII HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
App. II
Enrolled & Pupil Nurses (both General & Psychiatric)
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 1 612 1 699 1 828 1 830 1 895 1 997 1 April #(89) #(131) #(12) #(36) #(66) #(118)
Strength as at 1 April 1 537 1 682 1 803 1 793 1 888 1 976
Vacancy as at 1 April 75 17 25 37 7 21 (4.7%) (1.0%) (1.4%) (2.0%) (0.4%) (1.1%)
Wastage during the 71 60 68 59 95 *71 financial year (4.6%) (3.6%) (3.8%) (3.3%) (5.0%) (3.6%)
No. of application EN 226 293 *0 received during the ---------------------- PN 1 613 2 797 249 financial year Total 1 839 3 090 249
No. recruited during 216 181 58 154 183 *102 the financial year
including
(A) Direct recruitment 36 35 2 78 53 16 to EN
(B) Intake of PN 180 146 56 76 130 86
No. Underwent local )
training )
) Figures not available
No. underwent overseas )
training )
As at 1.10.1988 Establishment : 2 060
Strength: 2 007 Vacancy : 53
Training posts for new projects : 137
Remarks: # Figures in brackets denotes "Training posts for new projects". * up to 1.10.1988
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 IX WRITTEN ANSWERS—Continued
App. III
Physiotherapists
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 163 184 223 223 228 237 1 April
Strength as at 1 April 153 177 192 219 219 221
Vacancy as at 1 April 10 7 31 4 9 16 (6.1%) (3.8%) (13.9%) (1.8%) (3.9%) (6.8%)
Wastage during the 7 11 15 30 36 *19 financial year (4.6%) (6.2%) (7.8%) (13.7%) (16.4%) (8.6%)
No. of application
received during the N/A N/A N/A N/A 74 *75 financial year
No. recruited during 31 26 42 30 38 *34 the financial year
No. of attendances at 99 184 40 59 27 *46 local training
No. of staff underwent 2 2 10 3 1 *1 overseas training
As at 1.10.1988 Establishment : 246
Strength: 236 Vacancy : 10
(4.1%)
Remarks:* up to 1.10.1988
X HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
App. IV
Occupational Therapists
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 95 110 125 129 132 141 1 April
Strength as at 1 April 83 101 117 121 132 137
Vacancy as at 1 April 12 9 8 8 0 4 (12.6%) (8.2%) (6.4%) (6.2%) (2.8%)
Wastage during the 12 11 10 14 26 *8 financial year (14.5%) (10.9%) (8.5%) (11.6%) (19.7%) (5.8%)
No. of application
received during the N/A N/A N/A N/A 75 *94 financial year
No. recruited during 30 27 14 25 31 *21 the financial year
No of attendances at 158 21 13 59 203 *189 local training
No. of staff underwent 3 3 1 1 0 *1 overseas training
As at 1.10.1988 Establishment : 149
Strength: 150 Vacancy : -1
(-0.7%)
Remarks: * up to 1.10.1988
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XI WRITTEN ANSWERS—Continued
App. V
Medical Technologists
(promotion rank for Medical Laboratory Technicians)
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 141 156 193 208 215 222 1 April
Strength as at 1 April 134 138 160 180 190 198
Vacancy as at 1 April 7 18 33 28 25 24 (5.0%) (11.5%) (17.1%) (13.56%) (11.6%) (10.8%)
Wastage during the 0 3 2 2 2 *6 financial year (2.2%) (1.3%) (1.1%) (1.1%) (3.0%)
No. of MLT promoted 4 25 22 12 10 *0 to MT during the
financial year
No of attendances at 49 51 45 50 42 *38 local training
No. of staff underwent 4 10 7 9 5 *5 overseas training
As at 1.10.1988 Establishment : 227
Strength: 218 Vacancy : 9
(4.0%)
Remarks: * up to 1.10.1988
XII HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
App. VI
Medical Laboratory Technicians
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 228 247 295 299 301 307 1 April
Strength as at 1 April 207 236 282 308 325 333
Vacancy as at 1 April 21 11 13 -9 -24 -26 (9.2%) (4.5%) (4.4%) (-3.0%) (-8.0%) (-8.5%)
Wastage during the 15 38 36 16 28 *4 financial year (7.2%) (16.1%) (12.8%) (5.2%) (8.6%) (1.2%)
No. of application N/A N/A N/A N/A 121 *143 received during the
financial year
No. of recruited during 44 84 62 33 36 *21 the financial year
No of attendances at
local training 44 43 44 51 49 *51
No. of staff underwent 1 0 0 0 0 *0 overseas training
As at 1.10.1988 Establishment : 308
Strength: 324 Vacancy : -16
(-5.2%)
Remarks: * up to 1.10.1988
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XIII WRITTEN ANSWERS—Continued
App. VII
Diagnostic Radiographer
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 167 187 231 241 242 253 1 April
Strength as at 1 April 143 168 205 239 244 247
Vacancy as at 1 April 24 19 26 2 -2 6 (14.4%) (10.2%) (11.3%) (0.8%) (-0.8%) (2.4%)
Wastage during the 4 5 9 16 22 *7 financial year (2.8%) (3.0%) (4.4%) (6.7%) (9.0%) (2.8%)
No. of application N/A N/A N/A N/A 69 *81 received during the
financial year
No. recruited during 29 42 43 21 25 *19 the financial year
No of attendances at 15 3 31 24 7 *3 local training
No. of staff underwent 1 1 1 0 3 *1 overseas training
As at 1.10.1988 Establishment : 258
Strength: 259 Vacancy : -1
(-0.4%)
Remarks: * up to 1.10.1988
XIV HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
App. VIII
Therapeutic Radiographer
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 71 73 74 86 93 103 1 April #(22) #(22) #(0) #(0) #(24) #(0)
Strength as at 1 April 71 71 81 88 95 99
Vacancy as at 1 April 0 2 -7 -2 -2 4 (2.7%) (-9.5%) (-2.3%) (-2.2%) (3.9%)
Wastage during the 0 0 4 4 4 *6 financial year (4.9%) (4.5%) (4.2%) (6.1%)
No. of application N/A N/A N/A 145 172 *0 received during the
financial year
No. recruited during 0 10 11 11 8 *0 the financial year
No of attendances at
local training 0 3 8 24 21 *2
No. of staff underwent 2 2 1 2 0 *2 overseas training
As at 1.10.1988 Establishment : 103
Strength: 93 Vacancy : 10
(9.7%)
Remarks:#Figures in brackets denotes "Training posts for new projects" * up to 1.10.1988
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XV WRITTEN ANSWERS—Continued
App. IX
Pharmacist
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 59 63 67 67 67 69 1 April
Strength as at 1 April 54 55 50 55 61 66
Vacancy as at 1 April 5 8 17 12 6 3 (8.5%) (12.7%) (25.4%) (17.9%) (9.0%) (4.3%)
Wastage during the 0 5 3 4 1 *6 financial year (9.1%) (6.0%) (7.3%) (1.6%) (9.1%)
No. of application N/A N/A N/A 2 6 *3 received during the
financial year
No. recruited during 1 0 8 10 6 *0 the financial year
No of attendances at 3 16 9 92 3 *4 local training
No. of staff underwent 0 3 0 0 2 *0 overseas training
As at 1.10.1988 Establishment : 72
Strength: 62 Vacancy : 10
(13.9%)
Remarks: * up to 1.10.1988
XVI HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
App. X
Dispenser/Student Dispenser
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 418 446 455 489 520 554 1 April
Strength as at 1 April 362 428 447 473 509 543
Vacancy as at 1 April 56 18 8 16 11 11 (13.4%) (4.0%) (1.8%) (3.3%) (2.1%) (2.0%)
Wastage during the 25 19 23 38 49 *16 financial year (6.9%) (4.4%) (5.1%) (8.0%) (9.6%) (2.9%)
No. of application N/A N/A N/A D : 27 D : 25 *D: 12 received during the SD: 614 SD: 587 SD: 463 financial year 641 612 475
No. recruited during 91 38 49 74 83 *75 the financial year
No of attendances at
local training 70 0 75 85 77 *8
No. of staff underwent 0 0 0 0 0 *0 overseas training
As at 1.10.1988 Establishment : 598
Strength: 599 Vacancy : -1
(-0.2%)
Remarks: * up to 1.10.1988
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XVII WRITTEN ANSWERS—Continued
App. XI
Dietitians
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 23 24 27 28 29 29 1 April
Strength as at 1 April 22 25 27 28 29 25
Vacancy as at 1 April 1 -1 0 0 0 4 (4.3%) (-4.2%) (13.8%)
Wastage during the 1 1 2 1 5 *0 financial year (4.5%) (4.0%) (7.4%) (3.6%) (17.2%)
No. of application N/A N/A N/A 3 3 *2 received during the
financial year
No. recruited during 4 3 3 2 1 *0 the financial year
No of attendances at
local training 3 4 1 0 2 *0
No. of staff underwent 0 0 0 0 0 *0 overseas training
As at 1.10.1988 Establishment : 29
Strength: 25 Vacancy : 4
(13.8%)
Remarks: * up to 1.10.1988
XVIII HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
App. XII
Prosthetist
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 41 42 48 53 59 60 1 April
Strength as at 1 April 41 40 48 52 59 56
Vacancy as at 1 April 0 2 0 1 0 4 (4.8%) (1.9%) (6.7%)
Wastage during the 1 0 2 1 8 *1 financial year (2.4%) (4.2%) (1.9%) (13.6%) (1.8%)
No. of application N/A N/A N/A 44 28 *15 received during the
financial year
No. recruited during 0 8 6 8 5 *0 the financial year
No of attendances at 1 1 35 25 40 *110 local training
No. of staff underwent 1 1 2 2 0 *0 overseas training
As at 1.10.1988 Establishment : 60
Strength: 55 Vacancy : 5
(8.3%)
Remarks: * up to 1.10.1988
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XIX WRITTEN ANSWERS—Continued
App. XIII
Registered/Student Nurses (General) in subvented hospitals
1983/84 1984/85 1985/86 1986/87 1987/88 1988/89
Establishment as at 4 015 4 071 4 085 4 103 4 161 4 340 1 April
Strength as at 1 April 3 555 3 850 3 955 3 990 4 035 4 085
Vacancy as at 1 April 460 221 130 113 126 255 (11.5%) (5.4%) (3.2%) (2.8%) (3.1%) (6.2%)
Wastage during the 449 814 660 590 586 *412 financial year (12.6%) (21.1%) (16.76%) (14.8%) (14.5%) (10.1%)
No. recruited during 744 919 695 635 636 *428 the financial year
As at 1.10.1988 Establishment : 4 370
Strength: 4 101 Vacancy : 269
(6.2%)
Remarks: * up to 1.10.1988
XX HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
Annex VII(B) Appendix 1
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1983 Grade Establishment Strength Vacancy Remarks Nursing Grade:
General —
Nursing Director 1 1 -
Regional Nursing Officer
4 31
Chief Nursing Officer 5 4 1 Senior Nursing Officer 43 43 - Nursing Officer I 166 117 49 Nursing Officer II 832 816 16
Registered Nurse/ Student Nurse
4 562 3 335/1 297 -70
Total 5 613 4 319/1 297 -3
Enrolled Nurse/Pupil Nurse
1 275 984/231 60
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XXI WRITTEN ANSWERS—Continued
Appendix 2
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1983 Grade Establishment Strength Vacancy Remarks Nursing Grade:
Psychiatric —
Chief Nursing Officer 2 1 1 Senior Nursing Officer 11 10 1 Nursing Officer I 37 33 4 Nursing Officer II 160 137 23
Registered Nurse/ Student Nurse
483 221/249 13
Total 693 402/249 42
Enrolled Nurse/Pupil Nurse
337 240/82 15
XXII HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
Appendix 3
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1984 Grade Establishment Strength Vacancy Remarks Nursing Grade:
General —
Nursing Director 1 1 -
Regional Nursing Officer
4 31
Chief Nursing Officer 5 5 - Senior Nursing Officer 45 43 2 Nursing Officer I 187 162 25 Nursing Officer II 878 753 125
Registered Nurse/ Student Nurse
5 165 3 600/1 649 -84
Total 6 285 4 567/1 649 69
Enrolled Nurse/Pupil Nurse
1 323 1 067/242 14
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XXIII WRITTEN ANSWERS—Continued
Appendix 4
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1984
Grade Establishment Strength Vacancy Remarks Nursing Grade:
Psychiatric —
Chief Nursing Officer 2 2 - Senior Nursing Officer 12 10 2 Nursing Officer I 38 33 5 Nursing Officer II 171 146 25
Registered Nurse/ Student Nurse
586 233/346 7
Total 809 424/346 39
Enrolled Nurse/Pupil Nurse
376 268/105 3
XXIV HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
Appendix 5
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1985 Grade Establishment Strength Vacancy Remarks Nursing Grade:
General —
Nursing Director 1 1 - Regional Nursing Officer 4 3 1 Chief Nursing Officer 7 5 2 Senior Nursing Officer 48 43 5 Nursing Officer I 208 164 44 Nursing Officer II 985 795 190
Registered Nurse/ Student Nurse
5 407 3 900/1 643 -136
Total 6 660 4 911/1 643 106
Enrolled Nurse/Pupil Nurse
1 400 1 160/218 22
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XXV WRITTEN ANSWERS—Continued
Appendix 6
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1985 Grade Establishment Strength Vacancy Remarks Nursing Grade:
Psychiatric —
Chief Nursing Officer 2 2 - Senior Nursing Officer 13 11 2 Nursing Officer I 38 31 7 Nursing Officer II 176 164 12
Registered Nurse/ Student Nurse
674 277/404 -7
Total 903 485/404 14
Enrolled Nurse/Pupil Nurse
428 299/126 3
XXVI HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
Appendix 7
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1986 Grade Establishment Strength Vacancy Remarks Nursing Grade:
General —
Nursing Director 1 1 - Regional Nursing Officer 4 4 - Chief Nursing Officer 7 7 - Senior Nursing Officer 49 47 2 Nursing Officer I 213 202 11 Nursing Officer II 1 028 1 005 23
Registered Nurse/ Student Nurse
5 690 4 152/1 556 -18
Total 6 992 5 418/1 556 18
Enrolled Nurse/Pupil Nurse
1 400 1 224/143 33
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XXVII WRITTEN ANSWERS—Continued
Appendix 8
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1986 Grade Establishment Strength Vacancy Remarks Nursing Grade:
Psychiatric —
Chief Nursing Officer 2 3 -1 Senior Nursing Officer 13 12 1 Nursing Officer I 38 34 4 Nursing Officer II 180 169 11
Registered Nurse/ Student Nurse
704 380/350 -26
Total 937 598/350 -11
Enrolled Nurse/Pupil Nurse
430 354/72 4
XXVIII HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
Appendix 9
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1987 Grade Establishment Strength Vacancy Remarks Nursing Grade:
General —
Nursing Director 1 1 - Regional Nursing Officer 4 3 1 Chief Nursing Officer 7 7 - Senior Nursing Officer 49 48 1 Nursing Officer I 226 226 - Nursing Officer II 1 055 1 037 18
Registered Nurse/ Student Nurse
6 219 4 671/1 536 12
Total 7 561 5 993/1 536 32
Enrolled Nurse/Pupil Nurse
1 465 1 371/87 7
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XXIX WRITTEN ANSWERS—Continued
Appendix 10
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1987 Grade Establishment Strength Vacancy Remarks Nursing Grade:
Psychiatric —
Chief Nursing Officer 2 2 - Senior Nursing Officer 14 13 1 Nursing Officer I 38 38 - Nursing Officer II 191 181 10
Registered Nurse/ Student Nurse
721 490/239 -8
Total 966 724/239 3
Enrolled Nurse/Pupil Nurse
430 392/38 -
XXX HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
Appendix 11
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1988 Grade Establishment Strength Vacancy Remarks Nursing Grade:
General —
Nursing Director 1 2 -1 Regional Nursing Officer 4 4 - Chief Nursing Officer 7 9 -2 Senior Nursing Officer 52 45 7 Nursing Officer I 230 228 2 Nursing Officer II 1 068 1 040 28
Registered Nurse/ Student Nurse
6 851 4 995/1 790 66
Total 8 213 6 323/1 790 100
Enrolled Nurse/Pupil Nurse
1 522 1 393/115 14
HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 XXXI WRITTEN ANSWERS—Continued
Appendix 12
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Nursing Grade as at 1 April 1988 Grade Establishment Strength Vacancy Remarks Nursing Grade:
Psychiatric —
Chief Nursing Officer 2 2 - Senior Nursing Officer 14 14 - Nursing Officer I 39 35 4 Nursing Officer II 196 201 -5
Registered Nurse/ Student Nurse
798 586/203 9
Total 1 049 838/203 8
Enrolled Nurse/Pupil Nurse
475 406/62 7
XXXII HONG KONG LEGISLATIVE COUNCIL — 2 November 1988 WRITTEN ANSWERS—Continued
Appendix 13
MEDICAL AND HEALTH DEPARTMENT
Statement of Establishment and Strength of Physiotherapist Grade as at 1 April 1983 Grade Establishment Strength Vacancy Remarks
Superintendent Physiotherapist
1 1-
Senior Physiotherapist 22 21 1 Physiotherapist I 80 80 - Physiotherapist II 60 51 9
Total 163 153 10