HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1009 OFFICIAL RECORD OF PROCEEDINGS
Wednesday, 2 December 1992
The Council met at half-past Two o'clock
PRESENT
THE DEPUTY PRESIDENT
THE HONOURABLE JOHN JOSEPH SWAINE, C.B.E., Q.C. J.P.
THE CHIEF SECRETARY
THE HONOURABLE SIR DAVID ROBERT FORD, K.B.E., L.V.O., J.P.
THE FINANCIAL SECRETARY
THE HONOURABLE NATHANIEL WILLIAM HAMISH MACLEOD, C.B.E., J.P.
THE ATTORNEY GENERAL
THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P.
THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P.
THE HONOURABLE STEPHEN CHEONG KAM-CHUEN, C.B.E., J.P. THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. THE HONOURABLE HUI YIN-FAT, O.B.E., J.P.
THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P.
THE HONOURABLE DAVID LI KWOK-PO, O.B.E., J.P.
THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P.
THE HONOURABLE PANG CHUN-HOI, M.B.E.
THE HONOURABLE SZETO WAH
THE HONOURABLE TAM YIU-CHUNG
THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P.
THE HONOURABLE LAU WONG-FAT, O.B.E., J.P.
THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1010 THE HONOURABLE RONALD JOSEPH ARCULLI, J.P.
THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. THE HONOURABLE MRS PEGGY LAM, M.B.E., J.P.
THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P. THE HONOURABLE LAU WAH-SUM, O.B.E., J.P.
DR THE HONOURABLE LEONG CHE-HUNG, O.B.E.
THE HONOURABLE JAMES DAVID McGREGOR, O.B.E., I.S.O., J.P. THE HONOURABLE MRS ELSIE TU, C.B.E.
THE HONOURABLE PETER WONG HONG-YUEN, J.P.
THE HONOURABLE ALBERT CHAN WAI-YIP
THE HONOURABLE VINCENT CHENG HOI-CHUEN
THE HONOURABLE MOSES CHENG MO-CHI
THE HONOURABLE MARVIN CHEUNG KIN-TUNG, J.P. THE HONOURABLE CHEUNG MAN-KWONG
THE HONOURABLE CHIM PUI-CHUNG
REV THE HONOURABLE FUNG CHI-WOOD
THE HONOURABLE FREDERICK FUNG KIN-KEE
THE HONOURABLE TIMOTHY HA WING-HO, M.B.E., J.P. THE HONOURABLE MICHAEL HO MUN-KA
DR THE HONOURABLE HUANG CHEN-YA
THE HONOURABLE SIMON IP SIK-ON, J.P.
DR THE HONOURABLE LAM KUI-CHUN
DR THE HONOURABLE CONRAD LAM KUI-SHING
THE HONOURABLE LAU CHIN-SHEK
THE HONOURABLE EMILY LAU WAI-HING
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1011 THE HONOURABLE LEE WING-TAT
THE HONOURABLE GILBERT LEUNG KAM-HO
THE HONOURABLE ERIC LI KA-CHEUNG, J.P.
THE HONOURABLE FRED LI WAH-MING
THE HONOURABLE MAN SAI-CHEONG
THE HONOURABLE STEVEN POON KWOK-LIM
THE HONOURABLE HENRY TANG YING-YEN, J.P.
THE HONOURABLE TIK CHI-YUEN
THE HONOURABLE JAMES TO KUN-SUN
DR THE HONOURABLE SAMUEL WONG PING-WAI, M.B.E., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG
DR THE HONOURABLE YEUNG SUM
THE HONOURABLE HOWARD YOUNG, J.P.
THE HONOURABLE ZACHARY WONG WAI-YIN
DR THE HONOURABLE TANG SIU-TONG, J.P.
THE HONOURABLE CHRISTINE LOH KUNG-WAI
ABSENT
THE HONOURABLE ROGER LUK KOON-HOO
IN ATTENDANCE
MR DAVID ALAN CHALLONER NENDICK, C.B.E., J.P.
SECRETARY FOR MONETARY AFFAIRS
MR EDWARD BARRIE WIGGHAM, C.B.E., J.P.
SECRETARY FOR THE CIVIL SERVICE
THE HONOURABLE MRS ANSON CHAN, C.B.E., J.P.
SECRETARY FOR ECONOMIC SERVICES
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1012
THE HONOURABLE JOHN CHAN CHO-CHAK, L.V.O., O.B.E., J.P. SECRETARY FOR EDUCATION AND MANPOWER
MR MICHAEL SUEN MING-YEUNG, J.P.
SECRETARY FOR HOME AFFAIRS
MR ALISTAIR PETER ASPREY, O.B.E., A.E., J.P.
SECRETARY FOR SECURITY
MRS ELIZABETH WONG CHIEN CHI-LIEN, I.S.O., J.P.
SECRETARY FOR HEALTH AND WELFARE
MR CHAU TAK-HAY, J.P.
SECRETARY FOR TRADE AND INDUSTRY
MR JAMES SO YIU-CHO, O.B.E., J.P.
SECRETARY FOR RECREATION AND CULTURE
MR ANTHONY GORDON EASON, J.P.
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS
THE CLERK TO THE LEGISLATIVE COUNCIL
MR CLETUS LAU KWOK-HONG
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1013 Papers
The following papers were laid on the table pursuant to Standing Order 14(2): Subject
Subsidiary Legislation L.N. No.
Boilers and Pressure Vessels (Amendment)
Regulation 1992 ...................................................................................... 377/92
Business Registration (Amendment) (No. 2)
Regulation 1992 ...................................................................................... 378/92
Employment Agency (Amendment) (No. 2)
Regulation 1992 ...................................................................................... 379/92
Shipping and Port Control (Hong Kong – China
and Macau Ferry Terminals) (Amendment)
(No. 2) Regulation 1992.......................................................................... 380/92 Housing Ordinance (Amendment of Schedule) Order 1992............................ 381/92
Prevention of Bribery Ordinance (Amendment of Schedule)
(No. 2) Order 1992 .................................................................................. 382/92
Merchant Shipping (Prevention and Control of
Pollution) (Specification of Substances)
(Amendment) Order 1992 ....................................................................... 388/92
Dangerous Goods (Consignment by Air) (Safety)
Regulations (Amendment of Schedule)
Order 1992 .............................................................................................. 389/92
Practising Certificate (Barristers) (Amendment)
Rules 1992............................................................................................... 390/92
Business Registration (Amendment) Ordinance
1992 (79 of 1992) (Commencement)
Notice 1992 ............................................................................................. 391/92
Electricity Ordinance (Cap. 406) (Commencement)
(No. 2) Notice 1992................................................................................. 392/92
Electricity (Registration) Regulations
(Cap. 406 Sub. Leg.) (Commencement)
(No. 2) Notice 1992................................................................................. 393/92
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1014
Electricity Supply (Amendment) Regulations 1990
(L.N. 215 of 1990) (Commencement)
Notice 1992 ............................................................................................. 394/92
Electricity Supply (Special Areas) (Amendment)
Regulations 1990 (L.N. 216 of 1990)
(Commencement) Notice 1992................................................................ 395/92
Sessional Papers 1992-93
No. 29 — Grantham Scholarships Fund
Income and Expenditure Account with Balance Sheet and
Certificate of the Director of Audit
for the year ended 31 August 1992
No. 30 — Sir Edward Youde Memorial Fund
Report of the Board of Trustees
for the period 1 April 1991 to 31 March 1992
No. 31 — Hong Kong Sports Institute
Annual Report 1991-92
No. 32 — Ocean Park Corporation
Annual Report 1991-92
Address by Member
Ocean Park Corporation Annual Report 1991-92
MR RONALD ARCULLI: Mr Deputy President, tabled before the Council is Ocean Park Corporation's Annual Report for 1991-92.
In the past financial year to 30 June 1992, Ocean Park (including Water World) hosted 2.5 million visitors. This represents a 6% increase over the previous year and is a record for the Park since it opened 15 years ago.
Total surplus for Ocean Park showed a 49% increase which amounted to $68.5 million. The record increase was primarily a result of our investment portfolio which generated an increase in value of $29.3 million, a higher figure than ever before, combined with a net operating surplus of $39.2 million, which compares very favourably with last year's net operating surplus of $40.6 million.
The excellent results were achieved as we successfully implemented the Corporation's policy of halting price increases and stabilizing admission fees since May of last year at HK$140 for adults and $70 for children. Additionally,
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1015
our policy of free admission for children (with a paying adult) and local residents aged 60 years or over, has proved very popular and has encouraged family visits. This year nearly 500 000 residents or 20% of our total visitors were admitted to the Park for free.
This pricing strategy is in accordance with the Park's Mission Statement, and reinforces the objective of providing a diverse range of activities at the most affordable prices.
Earlier this year, the Board of Directors approved an estimated investment of $600 million for an extensive renovation and expansion programme over the next five years. This investment is necessary to meet the future leisure demands of both the local residents and Hong Kong tourists. It is also consistent with our attendance patterns which project an increase from the current base of 2.5 million to over 4 million by 1997.
This year we have opened a new Flamingo Pond and Japanese Garden, and have completely renovated our popular sealion exhibit, the Wave Cove, which features specially designed educational materials for our guests.
The most dynamic new addition was the Ocean Park Tower, which opened to the public in July this year. With a height of 72m, some 200m above sea level, the Tower is the tallest observation tower in Southeast Asia. Ocean Park Tower is not just a major new physical landmark, it is also the first milestone in the Park's five-year expansion programme.
In summary, this has been another successful year for Ocean Park. Our expansion programme is an ambitious programme that will add a host of new attractions and educational facilities during the next five years, to help maintain the Park's premier position among the region's theme parks.
Oral answers to questions
Effects of electromagnetic fields on health
1. MR LAU WONG-FAT asked (in Cantonese): In view of the fact that in the New Territories overhead power lines with a transmission capacity as high as 400 Kilovolts extend over many residential areas, will the Government inform this Council:
(a) whether the Administration is aware of the fact that two studies have been carried out in Sweden suggesting that the risk of cancer, particularly leukemia, is related to exposure to electromagnetic fields, and that these findings have prompted the Swedish government to consider whether new regulations are needed;
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1016
(b) whether the Administration will approach the relevant authorities in Sweden to obtain information pertaining to these two studies for reference and as the basis for further action; and
(c) whether similar studies will be conducted by the authorities in Hong Kong, to ascertain the effects of electromagnetic fields on health?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, the two studies carried out in Sweden suggested that exposure to electromagnetic fields generated by high voltage power lines might increase cancer incidence. However, there have been a number of other studies on the subject which have come to different conclusions. Furthermore, the International Radiation Protection Association also states that the relationship between cancer and electromagnetic field remains inconclusive. It has yet to be confirmed whether the Swedish government themselves are considering new regulations.
As regards part (b) of the question, I am advised that the Director of Electrical and Mechanical Services has obtained the reports of these two studies in response to a request from the Environmental Pollution Advisory Committee.
As regards part (c) of the question, apart from the two Swedish reports, we are aware that many leading authorities, such as the International Radiation Protection Association, the World Health Organization, the United Kingdom Radiological Protection Board and the United States Environmental Protection Agency have conducted studies. We intend to take reference from these authorities. We are also aware that the Environmental Pollution Advisory Committee will be examining this matter. No doubt, it will be giving its advice to the Secretary for Planning, Environment and Lands in due course.
MR LAU WONG-FAT (in Cantonese): Mr Deputy President, the two studies conducted in Sweden have clearly shown that the higher leukemia incidence of children living near high voltage power lines and of people with occupational exposure is very much related to the degree of exposure to electromagnetic fields. Will the Administration inform this Council under what circumstances it will accept that the findings of these two studies are equally applicable to Hong Kong?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, for the benefit of those who have not read the reports — these are the two reports — One is on magnetic fields and the other is on occupational exposure. I should explain that the two controlled studies were to test the hypothesis that exposure to magnetic fields generated by high voltage power lines might increase cancer incidence. Whilst the results of the studies support such an association, they are by no means conclusive. I would like to quote from the report at page 20:
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1017
"The complex relationships between age at first exposure, cumulative exposure and age at diagnosis have to be further explored, as well as the possible interaction of electromagnetic fields with other factors."
As I said in my main reply, according to the International Radiation Protection Association, the relationship between cancer and electromagnetic fields remains a hypothesis to be further explored. We accept that these studies are not conclusive.
DEPUTY PRESIDENT: As I have 10 Members waiting to ask supplementaries I fear I may have to disappoint some Members, depending on the number of questions asked so far. But I would also ask Members to confine their supplementaries to single questions.
MR ALBERT CHAN (in Cantonese): Mr Deputy President, as members of the Environmental Pollution Advisory Committee, we find that the information available is very inadequate for dealing with the problem. Given the special circumstance of Hong Kong in terms of size of the territory, will the Administration consider carrying out a study on the effects on human body, like the risk of cancer, in respect of exposure to electromagnetic fields generated by high voltage power lines?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, as I said in my main reply, we will take reference from some 60 authorities which are separately doing similar studies. So I think it would be much easier for us to start borrowing from the experience and expertise of other countries.
MR CHIM PUI-CHUNG (in Cantonese): Mr Deputy President, it was mentioned in the report of the China Light and Power Company Limited that the cost for erecting overhead power lines was much lower than that of laying underground cables; how much saving could be achieved? According to the observation of the Administration, to what extent would these cheaper overhead power lines have an adverse effect on the general public and the environment as a whole?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, the knowledge that we have is that at different levels of induced current density the effects on health are as follows:
Between 1 and 10 milliamperes per sq m
minor biological effects have been reported
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1018
Between 10 and 100 milliamperes per sq m
Between 100 and 1 000 milliamperes per sq m
there are well established effects, including visual and nervous system effects
stimulation of excitable tissues is observed and there are possible health hazards
As far as electromagnetic fields are concerned, I think it is very important to recognize the scientific basis that all organisms carry to some degree endogenous electrical currents. I believe even within this Chamber, according to the study, the microphones that we use generate some 50/60 hertz, and they do induce certain electric currents inside our body. And I can sometimes feel the palpitation of the heart. Of course, for some of us, we are less electrified by microphones than perhaps by megaphones. (Laughter)
MRS MIRIAM LAU (in Cantonese): Mr Deputy President, will the Administration inform this Council of the regional distribution of such overhead power lines and the approximate number of people living in areas near these power lines?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, I am sure my colleague, the Secretary for Planning, Environment and Lands, has taken note of the question and, since it is on land matters, I shall land the question on his lap.
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, I am grateful to my colleague for the question. But I am afraid that I do not have the sort of detail required to respond to that question at my fingertips, palpitated or otherwise. But I would be glad to try and provide it in writing. (Annex I)
DR TANG SIU-TONG (in Cantonese): Mr Deputy President, apart from this report, is the Administration aware of other reports which can confirm that high voltage power lines are harmful to health? It is also mentioned in the third paragraph of the main reply that the Administration will request the World Health Organization for a copy of its report, when can that be obtained?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, we have already got the report. The criteria and guidelines as to the safety limits are as follows:
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1019 The electric field strength should not exceed 5 kv per metre, and
The magnetic flux density should not exceed 0.1 millitesla.
The Director of Health is reconfirming these statistics and these are the safety limits accepted by the World Health Organization. They are still enforced here.
DR LEONG CHE-HUNG: Mr Deputy President, will the Secretary reconsider conducting studies in Hong Kong concerning electromagnetic effects and cancer? After all, we have a self-selected comparison population for a controlled study, with, as a potential hazard, a lot of overhead power lines in the New Territories but not so many on Hong Kong Island, and we might well give figures for other countries to take reference from.
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, I shall be very happy to take advice from our medical and scientific community.
MRS PEGGY LAM (in Cantonese): Mr Deputy President, will the Administration inform this Council what sort of guidelines and control are provided for the erection of overhead high voltage power lines in terms of, for example, height, voltage and distance from residential areas? Will the Administration review the current guidelines and control so that the health of the public can be better protected?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, I think I have just answered that question along the lines that the criteria and guidelines as to the safety limits which have been accepted in Hong Kong are basically in two areas: one is that the electric field strength should not exceed 5 kv per metre, and secondly, that the magnetic flux density should not exceed 0.1 millitesla. As far as we are concerned, the Director of Health is monitoring the situation and is reconfirming that these are still the relevant criteria today.
DR SAMUEL WONG: Mr Deputy President, although the relationship between cancer and electromagnetic fields remains inconclusive, will the Administration consider, as a precautionary measure, discouraging people from living under or near these high-tension cable lines?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, I do not see there is a cause for such discouragement. We do not intend to advise the public on this.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1020 Surrender of tenancies
2. MR JAMES TO asked (in Cantonese): According to section 18 of the Landlord and Tenant (Consolidation) Ordinance, a tenant may agree to surrender his tenancy. Such agreement should be made in a specified form and lodged with the Commissioner of Rating and Valuation for approval. The Commissioner may endorse the agreement if he is satisfied that the tenant has not been subject to any undue pressure or influence. Will the Government inform this Council:
(a) how many agreements for surrender of tenancy have been received over the past three years;
(b) how inquiries were made to ascertain whether the tenants had been subject to undue pressure or influence; and
(c) in the corresponding period, how many complaint cases have been received in which tenants were subject to undue pressure or influence to surrender their tenancies and how these complaint cases were handled?
SECRETARY FOR HOME AFFAIRS: Mr Deputy President,
(a) Over the past three years 192 agreements to surrender tenancies under section 18 in Part I of the Landlord and Tenant (Consolidation) Ordinance have been received.
(b) When the Commissioner receives an application for his endorsement of an agreement to surrender or terminate a tenancy in accordance with the aforementioned section, he sends a letter to the concerned tenant or sub-tenant inviting him to attend an interview. At the interview a Rent Officer explains the meaning and effect of the surrender provisions. He asks the tenant or sub-tenant whether he understands the effect of the agreement and whether he has been subject to any undue pressure or influence. The tenant or sub-tenant is also reminded that he need not move out of the premises if he does not wish to. If the Rent Officer has any doubts as to the particulars of the proposed agreement he will clarify them with the landlord. The tenant or sub-tenant is then invited to sign that he understands the effect of the agreement and that he has not been subject to any undue pressure or influence. The Commissioner will then endorse the agreement.
(c) In the past three years the Commissioner has received only one complaint involving four sub-tenants who claimed that they were being forced to vacate their homes. The case has been investigated
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1021
by officers from the Rating and Valuation Department and is currently the subject of court action.
MR JAMES TO (in Cantonese): Mr Deputy President, members of the public are very concerned about cases in which tenants are forced to give up their tenancies and vacate their premises after being harassed or intimidated. There is also wide media coverage of such incidents. Can the Administration inform this Council whether merely relying on the complaints received by the Rating and Valuation Department can adequately reflect the real situation? Also will the Administration conduct a comprehensive review on the re possession procedures in order that the interests of tenants can be protected?
SECRETARY FOR HOME AFFAIRS: Mr Deputy President, the Landlord and Tenant (Consolidation) Ordinance makes provision for the application of agreements to surrender tenancies. There are certain premises which are not subject to the provisions of this Ordinance. These are the post-war premises which were completed after 1981, and only tenants who fall within the provisions of this Ordinance are required to go through the procedure that I have described. Tenants of premises which fall outside the provisions of the Landlord and Tenant (Consolidation) Ordinance should seek protection from the police if they consider that they have been harassed by their landlords. An act which involves intimidation, damage or assault constitutes a criminal offence and if sufficient evidence is available the wrongdoer will be prosecuted.
MR MAN SAI-CHEONG (in Cantonese): Mr Deputy President, when tenants report to the police that they are subject to undue pressure to vacate their premises, very often what are reported are only treated as general cases of tenancy disputes. So reporting to the police certainly cannot do much to help tenants who are being harassed. Can the Administration inform this Council whether consideration has been given to stepping up efforts to familiarize police officers with the relevant provisions or even to educate the public through the media so that they have a better understanding of this aspect of the law and are thus in a better position to protect their own interests?
SECRETARY FOR HOME AFFAIRS: Mr Deputy President, as I have said in my reply to the last supplementary, if any tenants consider that they have been harassed by their landlords they should report the cases to the police. An act which constitutes a criminal offence will be prosecuted if substantiated.
MR CHIM PUI-CHUNG (in Cantonese): Mr Deputy President, can tenants of domestic premises re-possessed by the Lands Department pursuant to the Crown Lands Resumption Ordinance lodge complaints with the Rating and Valuation
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1022
Department when they are forced to vacate their premises? If not, which government department or independent organization can they complain to?
DEPUTY PRESIDENT: That question has nothing to do with the main question or answer, Mr CHIM. It is out of order.
MRS PEGGY LAM (in Cantonese): Mr Deputy President, many occupants and tenants of the old buildings in Wan Chai district are subject to intimidation with intent to force them out. Can the Administration inform this Council what effective measures it has at present to protect the personal safety of these tenants?
SECRETARY FOR HOME AFFAIRS: Mr Deputy President, could I suggest that this question be referred to my colleague, the Secretary for Security, for an answer?
DEPUTY PRESIDENT: Secretary for Security, are you able to answer?
SECRETARY FOR SECURITY: Mr Deputy President, I think in such cases there may possibly be a number of criminal offences which might apply. They might include: blackmail, criminal intimidation, assault or criminal damage. Any report which is made to the police will of course be fully investigated.
MR WONG WAI-YIN (in Cantonese): Mr Deputy President, in the case of landlords or tenants being intimidated, will the Rating and Valuation Department take the initiative of seeking the assistance of the police or alternatively referring the cases to the relevant authorities?
DEPUTY PRESIDENT: Secretary — whichever is appropriate.
SECRETARY FOR HOME AFFAIRS: Mr Deputy President, if it arises from an application then of course the Rent Officer will investigate the case and he will try his utmost to establish the facts of the case. If he is of the opinion that intimidation or other criminal offences are indeed involved, then he will take the initiative of contacting the police.
MR FREDERICK FUNG (in Cantonese): Mr Deputy President, first of all, may I cite two cases for the information of the Administration before I ask a supplementary arising from Mr James TO's question. Among the complaints
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1023
we are aware of, there were cases in which the landlords padlocked the iron gates so as to prevent the tenants and sub-tenants from returning home. Reports were subsequently made to the police but they were told that since the premises belonged to the landlords, it was proper for them to lock their own premises. Unable to return home, these tenants then sought assistance from the District Office and they were told that District Offices were not responsible for handling such cases. The question I would raise relates to part (b) of Mr TO's question, and that is, when tenants are subject to undue pressure or influence such as what is described above, whether the Administration should have certain powers to investigate such cases or whether a complaints department should be set up so that people will not have no redress?
SECRETARY FOR HOME AFFAIRS: Mr Deputy President, there is no question that such cases will not be dealt with by a government department. I think in such cases the District Office staff will obviously involve themselves to try to establish the facts of the case. And as I have said, if it is suspected that there are improper actions involved, or if there is intimidation involved, we will either ourselves report the case to the police or advise those concerned to report it to the police.
DEPUTY PRESIDENT: Sorry, Mr FUNG, could you make it a short one?
MR FREDERICK FUNG (in Cantonese): Mr Deputy President, I have just said that the two departments have been approached but to no avail. Now the Secretary advises us to consult them again. So I do not quite understand his answer.
SECRETARY FOR HOME AFFAIRS: Mr Deputy President, I am sorry that I do not have the details of the cases that Mr FUNG referred to. But I would be most happy to investigate into the allegations that he has before him.
Performance pledges
3. MR HUI YIN-FAT asked: In the Governor's annual address to this Council on 7 October 1992, it was stated that, towards the objective of providing the community with better public services, all government departments providing services directly to the public would adopt performance pledges which would set out amongst other things their performance standards and provide for the right of appeal for dissatisfied clients. With regard to this, will the Government inform this Council of the following:
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1024
(a) whether there is any plan to extend the programme to non-government public organizations such as MTRC and Hong Kong Housing Authority;
(b) if so, when and how the plan will be carried out; and
(c) if not, the reasons for it?
CHIEF SECRETARY: We intend to extend the Performance Pledge Programme to statutory authorities which provide services directly to the public. The Mass Transit Railway Corporation is committed to its Customer Service Programme and already publishes performance on punctuality of trains, and reliability of tickets and escalators. We intend to discuss the programme with the Housing Authority early next year. Their pledges could include, for example, standards for housing allocation matters such as interviews within specific times on applications for housing; for processing tenancy matters such as requests for transfer; and for dealing with estate management matters such as cleansing, repair and maintenance. As Members will be aware, the Hospital Authority's business plan already sets target waiting times, which the Authority is meeting during this year, for treatment at all Accident and Emergency Departments and selected specialist clinics. As for the Urban and Regional Councils we are considering what pledges they might make in early 1993 and are discussing those with them. At that time we plan to discuss the programme also with the Kowloon Canton Railway Corporation, which is the other authority with a substantial interface with the public. We will then consider how the programme may be applied to other authorities.
MR HUI YIN-FAT: Mr Deputy President, can the Administration inform this Council which government departments are to first adopt performance pledges, say, in the year 1993, and what the reasons are for their being chosen for the first round of this exercise?
CHIEF SECRETARY: Mr Deputy President, we aim to have introduced performance pledges for all government departments which provide services directly to the public within about two years. Seven departments will publish their pledges before the end of 1992. They are:
Trade Department;
Fire Services Department;
Department of Health;
Transport Department;
Inland Revenue Department;
Immigration Department; and
The Royal Hong Kong Police Force.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1025
The Trade Department and Fire Services Department have already published their pledges. Eight departments will publish their pledges around the first quarter of 1993. They are:
City and New Territories Administration;
Post Office;
Urban Services Department;
Regional Services Department;
Water Supplies Department;
Rating & Valuation Department;
The Treasury; and
Marine Department.
Mr Deputy President, regarding the basis on which we make the choice as to which departments should be first to make their pledges, the broad principle is that those who have most contact with members of the public should be given a higher priority.
MR MARTIN BARROW: Mr Deputy President, could the Chief Secretary confirm that the Urban and Regional Councils' pledges which he has referred to will include pledges to the business community in addition to the public? And, in particular, will they be looking at speeding up the cumbersome licensing procedures for the retail and restaurant trades?
CHIEF SECRETARY: I will certainly take note of Mr BARROW's comments.
MR FRED LI (in Cantonese): Mr Deputy President, will the Secretary advise this Council what role Members of this Council can play in relation to performance pledges made by statutory authorities or government departments, and whether Members can give comments on their performances?
CHIEF SECRETARY: Mr Deputy President, we will certainly take account of any comments which the Legislative Council may make on the performance of the departments which have performance pledges. The performance pledges will be a matter, of course, of public record. We also intend, as Members may know, to set up user committees which will monitor those pledges. So there will be every opportunity for public scrutiny of the performance of the departments.
MR TIK CHI-YUEN (in Cantonese): Mr Deputy President, the Mass Transit Railway and the Kowloon Canton Railway are mass carriers which are under the eye of the public. From the reply of the Administration, it seems that MTR
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1026
has already made their pledges. Why cannot KCR do so as yet, and what are the difficulties they could have?
CHIEF SECRETARY: Mr Deputy President, I do not think they are experiencing any particular difficulties. They already have a programme of their own based around what they call a "Core Values Project" which was launched in 1991 to cultivate what they describe as a "Customer First Corporate Culture". Their core values are:
To keep the customer first;
To continue to improve;
Respect and trust; and
To communicate effectively.
Customer-first training was provided in KCRC to all the Corporation's 3 400 staff in the second half of 1992. KCRC also attaches great importance to passenger liaison groups to gauge customers' views on service. We understand that KCRC will be in a position to advise what might be included in their performance pledges in the first quarter of 1993 and to this end they will be conducting worldwide benchmarking exercises to measure itself against the best practice in operating functions elsewhere.
MR FREDERICK FUNG (in Cantonese): Mr Deputy President, to Hong Kong people, publishing performance pledges of government departments as mentioned by the Secretary just now is a good thing and an improvement indeed. I presume it also represents the government's policy. Has the Administration considered writing these pledges out as express provisions such as standing instructions or by-laws for government departments to observe?
CHIEF SECRETARY: Mr Deputy President, of course they will be made public and, as I have explained, they will be monitored by the user committees. Whether we should give them any form of formal endorsement, I will certainly look into.
MRS SELINA CHOW: Mr Deputy President, will the Government tell this Council what will be done to inform the public as to the exact details of what standards they can expect and demand by way of performance pledges in each area of services the Government is providing?
CHIEF SECRETARY: Mr Deputy President, the whole point of these pledges is that they will be made public and will be given publicity, so that the public themselves will be in a position, as I have explained, to see what standards the departments are setting and to see whether those standards are being met or not.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1027
I also mentioned the user committees which will be another way in which the public, who will of course be participating in those user committees, can continue to monitor the performance of the government departments concerned.
MR LEE WING-TAT (in Cantonese): Mr Deputy President, in the Administration's plan to introduce performance pledges as referred to in the Secretary's reply, has it included at the same time the establishment of user committees? Will the Administration inform this Council whether the public organizations mentioned in his reply will likewise set up user committees themselves? And are user committees empowered to hear public views and comments so that over time the performance of the relevant departments and organizations will further improve and standards be raised in the light of the comments made by the public?
CHIEF SECRETARY: Yes, Mr Deputy President, it is our intention that user committees will be considered for each of the departments or authorities as and when the department or authority develops its performance pledges. The two are intended to go hand in hand to provide the service which Mr LEE requires.
MR LAU CHIN-SHEK (in Cantonese): Mr Deputy President, before performance pledges are introduced, some departments have had no growth in the size of staff for years whereas their volume of work increases every year. For example, the staff of the Immigration Department deployed at the airport have seen no increase in the past four years whereas the number of tourists has risen at an annual rate of 10%. Now that performance pledges are adopted, the government departments concerned have to deploy some of their staff to investigate and respond to complaints from members of the public, thereby creating a greater pressure on manpower demand. Before introducing performance pledges, has the Administration considered consulting the staff and staff associations concerned on how these pledges should be introduced and has the staff side expressed any dissatisfaction so far?
CHIEF SECRETARY: Mr Deputy President, I am grateful for the opportunity to clarify what is involved in terms of performance pledges. We are not, by introducing performance pledges, necessarily increasing at the same time the speed of service within the Government. What we are doing is setting standards against which we can be judged in the various departments. It does not mean therefore that we necessarily need to have, at the time we introduce performance pledges, an increase in staff. As to the reaction of the staff, we have found a great deal of enthusiasm in the departments and I think they have realized and understood that the performance pledge programme will improve relationships with the public and as relationships improve so their work will become easier, and to that extent the staff are certainly welcoming the idea of performance pledges. Certainly there are some who are saying that they are
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1028
concerned about the pressure that it might put upon them, but I think we can only see how this works out over the coming year and monitor it very carefully.
MISS EMILY LAU (in Cantonese): Mr Deputy President, in his reply the Secretary spelt out the performance pledges of the Hospital Authority which included, among other things, setting target waiting times for treatment. Could the Administration inform us whether this is the only way to measure the standards of service provided to patients at hospitals? I believe the Secretary is aware of the large number of complaints from the public against public hospitals and clinics. If the waiting times is not the only means to judge standards, are there any other methods which might be used for measuring the standards?
CHIEF SECRETARY: Mr Deputy President, I certainly agree with Miss LAU that of course that is not the only way by which standards are judged. I mentioned those two because those are the early pledges which are being given by the Hospital Authority this year. I know that they are in the process of working up their business plan and to introduce other performance pledges in the coming year, and I will certainly convey Miss LAU's view, which I share, to the Chief Executive of the Hospital Authority.
Absence of senior staff of the Legal Aid Department on 30 October 1992 4. DR LAM KUI-CHUN asked: Will the Government inform this Council of:
(a) the total number of directorate staff, that is, of or above the rank of Assistant Principal Legal Aid Counsel, in the Legal Aid Department;
(b) of the above staff, the number of those who were not on duty on the afternoon of 30 October 1992;
(c) the reasons for these officers not being on duty on that afternoon and their whereabouts; and
(d) the Department's policy and regulations in approving applications for leave made by its staff?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, on 30 October 1992 there were 13 directorate staff, including the Director, in the Legal Aid Department. All 13 were on leave on the afternoon of 30 October. Two of the officers were taking part in "Trailwalker 92" organized by Oxfam
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1029
Hong Kong; the remaining 11 visited Macau to attend a farewell gathering for the outgoing Director of Legal Aid.
The Legal Aid Department, like all other departments, is required to comply with Civil Service Regulations in relation to the grant of leave. The relevant regulation states that leave, other than sick leave and maternity leave, is granted subject to the exigencies of the service. While officers should be encouraged to take their earned leave, the necessity to maintain an even supply of officers for duty must be the first consideration. It is clear that this regulation was not complied with on this occasion.
The attention of the Director was drawn to this breach of Civil Service Regulations, and he was asked to ensure that proper regard is paid to them in future. I have been assured that this will be done.
DR LAM KUI-CHUN: Mr Deputy President, how seriously was the work of the Legal Aid Department affected by the simultaneous absence of 100% of the senior staff? And if work was not affected, does it indicate that the said department has an enormous surplus of senior staff?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, the first point raised by the questioner was something which I looked into on first receipt of the report of the absence of the directorate. I was assured that the normal operations of the department were not affected that afternoon. The department, as it happens, operates by a series of prearranged appointments. In any case, even on that afternoon, I understand that 24 cases were dealt with by prearranged appointments and in addition there were 13 what are referred to as "walk in" cases which were, as normal, dealt with by Registry staff or the Applications and Processing Divisions. I do not believe that I can draw the same conclusion as the questioner as far as the second point is concerned.
MR GILBERT LEUNG (in Cantonese): Mr Deputy President, has the Administration issued similar directive or warning to other departments so as to prevent any repeat of the incident of staff taking leave en masse?
SECRETARY FOR THE CIVIL SERVICE: As I said in my main reply, Mr Deputy President, there is an existing Civil Service Regulation which makes the position very clear and it was that regulation that I drew the outgoing Director's attention to. In my three years as Secretary for the Civil Service, I have not, with regard to the 70 or so departments and agencies, come across any other case comparable to this one.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1030
MR WONG WAI-YIN (in Cantonese): Mr Deputy President, in the Secretary's reply, he said he had drawn the attention of the Director of Legal Aid to the said regulations. I am sure that they, being the directorate staff, should be well aware of these regulations but still there were 13 staff on leave en masse. Will the Secretary inform this Council what measures there are to prevent similar cases from happening again?
SECRETARY FOR THE CIVIL SERVICE: I think, Mr Deputy President, that I have just replied to the main thrust of the particular question. The regulations already exist and all staff are completely aware of those regulations. I think it is important not to get this out of perspective. I have already referred to the absence of similar cases amongst all the other departments in my own experience. I think, without being able to put myself completely in the mind of the outgoing Director, he must have considered there were special circumstances at the time to lead to his own particular decision. I am not by any means condoning that; I do agree that this reflects badly on the Director at that time. He left the department, however, the following week.
MRS SELINA CHOW: Mr Deputy President, in the reply the Secretary said that the Director's attention was drawn to this breach. Was there nothing else a little more severe that the Secretary could have done apart from just drawing the Director's attention to this regulation, given the seriousness of his actions?
SECRETARY FOR THE CIVIL SERVICE: I did indeed regard the lapse of judgment on the part of the outgoing Director as a serious matter and, as I said, immediately drew his attention to it. I also took the unusual step of ensuring that my displeasure was fully reported in the media. But, as I mentioned at the end of my last answer, the Director was at the end of his 16 years with the department, he was saying farewell to his staff, and he left the department the following week.
MR CHEUNG MAN-KWONG (in Cantonese): Mr Deputy President, with regard to the absence of all the directorate staff of the Legal Aid Department which is in breach of the Civil Service Regulations, will the Administration inform this Council whether these directorate staff have been subject to any administrative disciplinary actions and whether they have been asked to make an open apology to show that they are accountable to the public?
SECRETARY FOR THE CIVIL SERVICE: I must say, Mr Deputy President, that each of the individuals concerned took leave in the normal way and applied properly and was given proper permission. The responsibility for ensuring that the department was properly manned lay quite correctly with the individual at the top of the management, that is, the outgoing Director.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1031
MR ERIC LI (in Cantonese): Mr Deputy President, the Legal Aid official in question, apart from being an administrative officer, is also a person familiar with the law. Will the Administration not agree that the breach is a more serious one since he has good knowledge of the law?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, I feel that as a result of their lapse of judgment collectively, they felt the full effect of public opinion. I did not see it necessary to take the matter any further.
MR HOWARD YOUNG: Mr Deputy President, 30 October was a Friday. Can I be informed whether the following Saturday morning was a working session for all or some of the directorate staff, and whether this saga resulted in everyone having a swan over in Macau for the whole weekend and therefore paralysing the department on the following Saturday morning as well?
SECRETARY FOR THE CIVIL SERVICE: No, Mr Deputy President, the absence was for the Friday afternoon only. The department operated, as all other departments do, with sufficient staff to keep their public services going that Saturday morning.
Perhaps, since this is the last supplementary, I would like to make an additional comment because, as I said earlier, I would not wish this to be taken too much out of proportion. Perhaps I could let Members into a secret. When I was in a previous incarnation in the special job of Secretary (General Duties), I had a small team of about 20 or so. This was the time when there had not yet been established in Hong Kong the Joint Liaison Group Office. Therefore all the work for preparing for Joint Liaison Group meetings fell on my small team. This meant that all my staff were working till midnight regularly over an extended period. After a particularly heavy Joint Liaison Group meeting, therefore, I took it on myself, in a lull period after the meeting, to leave behind a skeleton staff in the office and to take my staff off for a picnic in Sai Kung on a Friday afternoon to show appreciation for all the extra work they had done. I realize, Mr Deputy President, that I had perhaps exceeded my authority at that time but I felt the special circumstances justified my action.
Old age pension scheme
5. MR JIMMY McGREGOR asked: With a view to improving the welfare of the elderly people, will the Government conduct a detailed study on the introduction of an old age pension scheme which is non means tested and applicable to all Hong Kong permanent residents aged 65 and above, with funds provided from statutory contributions of all workers and employers? If so, what is the target date for the study to be completed and the findings to be presented to this Council?
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1032
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, in his policy address, the Governor said that, "Hong Kong is not a welfare state, but we are a society that cares deeply about the state of welfare". Because we are so, our social security system provides different types of payments and allowances for the elderly. Let me spell out what these are.
First, the Higher Old Age Allowance of $470 a month is payable to persons aged 70 and above. This is non-contributory and non-means-tested. Currently, 92% of those eligible are receiving this Allowance.
Secondly, the Normal Old Age Allowance is payable to those aged between 65 to 69. This Allowance was extended to this age group by phases starting from 1988, and this process was completed last year. A single elderly person in this age group is now eligible for this non-contributory allowance subject to a simple declaration that his monthly income and assets do not exceed $2,600 and $111,000 respectively. For an elderly couple, their monthly income and assets should not exceed $3,900 and $166,000 respectively. The take up rate of this allowance is now 60%.
As for those who require public assistance, there is the Public Assistance Scheme which will be revamped next year. On 1 July 1993, we will introduce a new Comprehensive Social Security Assistance Scheme to replace the existing Public Assistance Scheme. The new Scheme embraces different "standard" rates which meet the general needs of broad categories of clients and a range of "special subsidies" which meet the personal needs of individual clients. Under the new Scheme, everyone will be better off. For instance, an elderly person aged 60 now receives a basic rate plus supplements making a total of $1,620 a month, but he will receive $1,800 a month under the new Scheme. An elderly couple both aged 60 now receive $2,790 a month, but they will receive $3,090 under the new Scheme.
Of course, time does not stand still and we will not stop here. As stated in the Governor's address, we will be updating the various targets in social welfare regularly to ensure that they match the changing needs and circumstances of the various groups of clients. The types of allowances mentioned earlier are no exception, and indeed they will be adjusted annually to cover inflation.
In the meantime, and more importantly, additional to our social security system, the Government is now consulting the public on proposals for a retirement protection system based on statutory contributions from employers and workers, but with room for voluntary contributions from self-employed persons. This exercise is under the purview of my colleague, the Secretary for Education and Manpower, who informed this Council this year that he was now consulting the public on the retirement protection system and looking forward to receiving public views and comments on this most important aspect. The target date of introducing such a contributory pension scheme would, of course, be subject to public comments in this direction.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1033
MR JIMMY McGREGOR: Mr Deputy President, since Hong Kong is very far from being a welfare state and public assistance by any name is a charity and the proposed statutory retirement protection scheme will take many years before benefits are distributed and in any case will not help several hundred thousand old people, can the Government consolidate several of the basic old age allowances now granted widely to Hong Kong's aged people, since this would provide a payment of at least $1,500 per month as of right and not on the basis of a means test?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, for any society, there are always different options. For Hong Kong, our option is this: that the existing social security system provides a safety net for those who are needy, for those who are in financial need, and separately — as a subject of consultation now — the Government is proposing an employment related system which will benefit those persons in the community who are in the workforce or who have been in the workforce. So in Hong Kong we will have, if the proposed employment related scheme is accepted, two parallel schemes. One is needs-based, which is social security, and the other is employment-based. So we have parallel schemes. These are the options for Hong Kong. It may not be the only option and, I am sure Members' comments in response to the consultation paper submitted by the Secretary for Education and Manpower will be useful.
DR LEONG CHE-HUNG: Mr Deputy President, is the Government aware of a detailed study carried out in 1991 on this particular subject by the Social Security Society and that the study suggested that a contributory scheme is feasible? Can the Secretary comment on this particular study?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, all schemes are feasible but may not be preferable. I think it was analysed in depth by the experts on a Sub committee and it was certainly an option which could have been considered in the light of other options. But, for the purpose of the White Paper, which again was widely debated and warmly welcomed at the time of publication, the Government did decide that the current course of action was the preferred course of action.
MR FRED LI (in Cantonese): Mr Deputy President, though Hong Kong is far from being a welfare state, there is still a need to provide old age allowances and public assistance to the elderly. Can the Secretary advise this Council whether old age pensions are provided in Hong Kong as in many other welfare states? Are the public assistance and old age allowances we have in Hong Kong comparable, in terms of benefits, to old age pensions provided in other countries?
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1034
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, I hesitate to compare Hong Kong with any other place. Even in Southeast Asia we all have our different tax systems, we all have our different social structure. For example, I am informed that out of 14 countries in Europe, which includes Scandinavia, only two have a universal pension; another four, all in Scandinavia, have joint schemes, that is to say, both a universal pension and an employment related retirement protection system. So whilst it is true to say that a number of governments do contribute to retirement protection schemes, it must be pointed out at the same time that in many cases the government's own contribution is restricted to meeting the scheme's deficit or paying for the cost of administration, whereas in Hong Kong's social security system, the estimated expenditure for 1992-93 on normal old age allowance is $560 million and that on higher old age allowance is $1,580 million. In the context of our very low tax rates, I think we have something to be very proud of. Apart from this expenditure, let us also consider the other types of expenditure, like housing — half of our population are in public housing, and medical — where on earth can one get medical facilities that we offer to Hong Kong people at $43 a day, which include all sorts of examinations? Mr Deputy President, I take the opportunity of saying that I am very proud of the social security system in Hong Kong.
MR FREDERICK FUNG (in Cantonese): Mr Deputy President, I thank the Secretary for giving so much details on how best a system we have. But normally we strive for the better if we are able to do so and have the opportunity. We understand that the Administration is considering a compulsory retirement protection scheme, and in her reply to Dr LEONG Che-hung's question, the Secretary mentioned that she could not accept the tripartite contributory scheme proposed by the Social Security Society on the ground that the option had been analysed and studied in depth by experts and considered not feasible. Since I think that the option in question is a better protection system, and as the Secretary has said that the system was feasible, is it possible to provide us with the details of the analysis and study so that we may know why the proposal cannot be accepted?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, the arguments for and against a social security scheme of a different type have been very clearly laid out in the White Paper. If the Honourable Frederick FUNG has read the Social Welfare White Paper, he will have been aware of the rationale behind the maintenance of our current social security scheme. That does not mean that there are no other alternative options to the tripartite contributory scheme which is promulgated by the Secretary for Education and Manpower and which is the subject of consultation at the moment.
DR YEUNG SUM (in Cantonese): Mr Deputy President, I am surprised by the complacency of the Secretary with the present social security system. According to the figures provided by the Secretary just now, the basic
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1035
subsistence allowance for an elderly is only $1,620 a month. In the light of the present living standard, such an amount is certainly not something to be proud of. I regret to see that the Secretary who is the responsible official in this area should feel so pleased. As compared to the GDP of Hong Kong, an elderly person is only given $1,620 a month to cover meals and daily expenses. Other expenses like that of accommodation, clothing and transportation are not included. Yet the Secretary is already very satisfied with that and I am so shocked. I would like to point out just one thing, and that is, our social security system merely focuses on eliminating "absolute poverty" whereas in western and developed nations, their social security systems have evolved to the stage of "relative deprivation", and that is, "relative poverty". Up to now, what Hong Kong is doing is just eliminating absolute poverty, which obviously is conservative. As countries like Japan, Singapore, Taiwan and Korea already have very well-established social security systems, can the Secretary inform us whether such systems did have any adverse effects on the productivity of these countries?
DEPUTY PRESIDENT: I am sorry, Dr YEUNG Sum. What was the question at the end of the statement?
DR YEUNG SUM: Mr Deputy President, the question is: usually the Government has the assumption that, if it spends more on welfare, then it will lower the rate of productivity and that will affect the performance of the economy; I take the example of Korea, Taiwan, Singapore and Japan all of which spend a lot of money on improving the quality of life and on welfare; does this affect their economic performance?
DEPUTY PRESIDENT: I do not think that is a question that this Secretary can answer; it is not a matter within government responsibility, Dr YEUNG Sum.
DR YEUNG SUM: Mr Deputy President, can I phrase it another way? DEPUTY PRESIDENT: Yes.
DR YEUNG SUM: By improving the quality of life of the welfare recipient, will the Administration think that it will affect our economy, in terms of productivity?
SECRETARY FOR HEALTH AND WELFARE: First of all, Mr Deputy President, I am very grateful to Dr YEUNG Sum for his erudite exposition of the philosophy of social security. I stand rebuked for my statement that I am
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1036
proud of what we have achieved so far. But I never said that I was complacent, neither did I ever imply that I was satisfied. I do not think I ever used the word "satisfied". I said: generally speaking, we are proud of something which we have achieved so far. I stand by that statement, Mr Deputy President, but I do appreciate the comment by Dr YEUNG Sum.
There are no absolutes. I think in all societies there are different needs, different perspectives, different priorities. In Hong Kong, I do not myself for one moment think that the more you give people the less productive you become. Far from so. I am a supporter of the principle that it is the general public's responsibility to meet the needs of those who are in need. But we are now having differences of judgment relating to the level of payment. What is the level? I will use a Chinese saying:
"It may have different levels according to different needs."
It is that philosophy which we are following. We are paying social security in accordance with the needs philosophy, that is to say, the more you want, the more you are in need, the more we give you. This is the Hong Kong system and I stand by that system.
Dangerous goods anchorages
6. MR ALBERT CHAN asked (in Cantonese): In view of the explosion of a vehicle laden with cylinders containing liquefied petroleum gas in Tuen Mun on 30 September 1992 which has alerted the public to the hazards posed by having dangerous goods located in their vicinity, will the Government inform this Council:
(a) whether the Government will review the existing locations of dangerous goods anchorages in the territory and relocate those that are close to residential areas; and
(b) what is the contingency plan for evacuating affected residents in case of accidents at dangerous goods anchorages located near residential areas?
SECRETARY FOR SECURITY: Mr Deputy President, there are currently seven Dangerous Goods Anchorages (DGAs) designated in Hong Kong waters. None of them are close to residential areas except the Tsuen Wan DGA. A consultancy study on hazard assessment for the Tsuen Wan DGA is being undertaken by the Director of Marine, and is expected to be completed by July 1993. Possible relocation of this DGA would be considered only when that consultancy study is completed.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1037
We do not have a contingency plan for evacuating areas close to DGAs, as we do not consider this is necessary. There have not been any accidents involving dangerous goods in the Tsuen Wan DGA. The risks associated with the anchorage are considered to be insignificant. The only dangerous products allowed to be contained in vessels berthed there are certain types of fuel oil. This type of dangerous goods is of low inherent danger and there is negligible explosion risk. Potentially explosive or highly inflammable substances are required to be handled at more remote and isolated anchorages. Furthermore, dangerous goods are only permitted to be held in vessels berthed there; no handling or transfer of the goods from one vessel to another is permitted at the anchorage. We believe that the separation distance between vessels containing dangerous goods and residential blocks is entirely adequate in terms of safety.
MR ALBERT CHAN (in Cantonese): Mr Deputy President, these anchorages, including the Tsuen Wan DGA, have been in existence for 10 to 20 years. But the Administration has not commissioned any consultancy study on hazard assessment until now. Does this indicate negligence on the part of the Government over the last decade or two? Moreover, in the reply the Administration asserts that the separation distance between vessels containing dangerous goods and residential blocks is entirely adequate in terms of safety. Is the Administration aware that more than 100 such vessels may be moored in the Tsuen Wan harbour during typhoons and that the nearest distance from residential blocks could be tens of metres only? Does the Administration consider this really far enough?
SECRETARY FOR SECURITY: Mr Deputy President, the answer to the first question is no. I believe that we have always considered that the separation distance is, as I said, entirely adequate in terms of safety. But I understand that following a particular request from Members of this Council, the Director of Marine agreed to have the hazard reassessed and that is the reason for the present study. It does not mean that we, in any way, lack confidence in our previous judgment that there is no significant hazard at this anchorage.
As regards the second question, I can only repeat that we do not believe that, given the type of goods and the controls that exist in this anchorage, there is any significant risk to the residential areas close by.
MR MAN SAI-CHEONG (in Cantonese): Mr Deputy President, according to the Secretary's reply, there is no need for a review because these DGAs are very far away from residential blocks. There are in fact some onshore LPG depots, such as the one adjacent to the Eastern District Temporary Housing Area off Heng Fa Chuen, which are less than 100 feet from residential areas. Does the Administration have any plan to conduct a comprehensive review on the storage of inflammable and highly explosive goods in the immediate vicinity of
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1038
residential areas and to introduce legislative amendments to this Council in order to protect the safety of the public?
DEPUTY PRESIDENT: We are talking about a different category of dangerous goods, Mr MAN Sai-cheong.
MR MAN SAI-CHEONG: Mr Deputy President, I am trying to draw an analogy because this is very relevant to the question about the explosion which happened in Tuen Mun.
DEPUTY PRESIDENT: Do you have the information for that question, Secretary?
SECRETARY FOR SECURITY: Mr Deputy President, perhaps I could just make one point which is that it is precisely because the Tsuen Wan Dangerous Goods Anchorage does not contain the rather more volatile dangerous goods such as LPG or kerosene that we do consider that it is safe and that the separation distance from the residential areas is adequate. I am afraid that I do not have any details available about the Heng Fa Chuen LPG Depot, but I will try to answer that question in writing. (Annex II)
REV FUNG CHI-WOOD (in Cantonese): Mr Deputy President, does the Administration intend to draft any legislation providing for the standards of dangerous goods anchorages similar to those prescribed for dangerous goods depots? If not, why not?
SECRETARY FOR SECURITY: Mr Deputy President, there exists legislation already; the locations of dangerous goods anchorages are controlled under the Shipping and Port Control Ordinance, and vessels moored at dangerous goods anchorages are controlled under the Dangerous Goods Shipping Regulations. I believe that the Director of Marine keeps these under regular review and we do have a Dangerous Goods Committee which advises the Director of Marine and the Government generally on all aspects of safety relating to dangerous goods.
MR JAMES TO (in Cantonese): Mr Deputy President, the Secretary has mentioned in his reply that potentially explosive or highly inflammable substances are required to be handled at more remote and isolated anchorages. Would the Secretary inform this Council how the Administration is going to monitor that this is fully complied with; and whether there were cases in breach of this in the past?
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1039
SECRETARY FOR SECURITY: Mr Deputy President, on the question of monitoring, the activities of all vessels in dangerous goods areas are monitored by the Marine Department. They do this by regular inspections and spot checks to ensure that all the provisions of the Dangerous Goods Shipping Regulations and the Shipping and Port Control Regulations which concern safety of dangerous goods anchorages are fully complied with.
I do not have any information relating to any previous incidents in dangerous goods anchorages, apart from the Tuen Mun Dangerous Goods Anchorage. But I am certainly not aware that in recent years there has been any significant incidents in any of these anchorages.
MR JAMES TO (in Cantonese): Mr Deputy President, would the Secretary provide a reply in writing to confirm whether there were cases in breach of this in the past?
SECRETARY FOR SECURITY: Yes, Mr Deputy President, certainly. (Annex III)
MR LEE WING-TAT (in Cantonese): Mr Deputy President, in the second paragraph of his reply, the Secretary mentions that this type of dangerous goods is of low inherent danger and there is negligible explosion risk. There have been however a number of similar incidents in recent years, such as the spills at oil depots on Tsing Yi in 1986 and 1989, explosions in Tuen Mun and the Sha Tin Water Treatment Works this year, and the problems that appeared now and then with the oil depots on Tsing Yi. Will the Secretary inform this Council, in the light of these incidents, why he still holds to his view that the risks in dangerous goods anchorages are very low? Will he reconsider the views given in these few years by members of the community, that is, would the Administration consider formulating an evacuation plan which is in operation in many advanced countries?
SECRETARY FOR SECURITY: Mr Deputy President, I think the incidents referred to concern dangerous goods which are different in type from the dangerous goods stored in the Tsuen Wan DGA, and the point that I was trying to make in my main answer was that fuel oil, which is stored in the Tsuen Wan DGA, is far less volatile a substance than other dangerous goods such as LPG or kerosene, which have given rise to problems elsewhere. As I have also said in my main answer, we do not consider that any evacuation plan for the Tsuen Wan DGA is necessary, which is not to say that in relation to other dangerous goods areas we do not have any evacuation plans. We do, for example, have an evacuation plan relating to parts of Tsing Yi Island where there is residential development relatively close to certain fuel depots.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1040 Written answers to questions
Communication facilities in country parks
7. MRS PEGGY LAM asked (in Chinese): As country parks are situated in remote places lacking communication facilities, members of the public visiting the parks are often unable to secure help quickly from departments concerned when accidents such as injuries and robberies occur. In this connection, will the Government inform this Council whether communication facilities for emergency purpose are at present available for use by visitors to country parks throughout the territory; if so, please specify the types and number of facilities available; and if not, what measures are in hand to help members of the public to overcome communication problem in case of emergencies?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, the Agriculture and Fisheries Department has 25 management centres and 20 Park Warden posts located at strategic locations in the country parks where the public can seek assistance in case of emergency. Park Wardens and the police routinely patrolling country parks will also assist. During Sundays and public holidays, 40 members of the Civil Aid Services are regularly on patrol along the popular hiking trails in six country parks, and seven teams of Auxiliary Medical Services personnel with three ambulances and four motorcycle ambulances are stationed in country parks to help provide more emergency services.
In addition to the services referred to above, 31 emergency helplines, linked to the 999 Police Command Control Centre and the nearest police stations, as well as 10 public pay phones, are installed at popular recreation sites in or near country parks. These can be used to seek assistance or report crime. More such facilities will be installed at suitable locations as part of the Agriculture and Fisheries Department on-going work to improve the situation further.
Traffic black spots
8. MRS MIRIAM LAU asked: Will the Administration inform this Council of: (a) the number and the locations of traffic black spots in Hong Kong; and
(b) the measures adopted by the Administration to minimize the occurrence of traffic accidents at these traffic black spots?
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1041 SECRETARY FOR TRANSPORT: Mr Deputy President,
(a) There are currently 146 locations in the territory which are regarded as problem areas as far as traffic accidents are concerned. They are identified in the attached annex.
(b) These locations are subject to detailed examination by traffic engineers, including an analysis of the reasons why the accidents occur. Remedial measures are then implemented as far as possible, including, for example, the installation of pedestrian railings, traffic lights, crash barriers and traffic signs. Where necessary, changes to the road configuration and lane markings are also considered.
The police are informed of the specific locations and the reasons why accidents are occurring. They then target their road safety and law enforcement efforts accordingly.
Annex
Traffic Accident Locations: Hong Kong Island
Street Junction/Location
Hennessy Road Percival Street
Connaught Road West Water Street
King's Road Power Street
Des Voeux Road Central Pedder Street
Canal Road East Hennessy Road
Des Voeux Road West Sutherland Street
Hill Road Queen's Road West
Tai Tam Road Shek O Road
Catchick Street Smithfield
Des Voeux Road Central Pottinger Street
Lockhart Road O'Brien Road
Tin Lok Lane Wan Chai Road
Number on Hong Kong Island: 12
Traffic Accident Locations: East Kowloon
Street Junction/Location
Kwun Tong Road Hong Ning Road
Hip Wo Street Yuet Wah Street
Clear Water Bay Road New Clear Water Bay Road
Clear Water Bay Road Hiram's Highway
Kai Cheung Road Kai Fuk Road
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1042
Street Junction/Location
Choi Hung Road Shatin Pass Road
Lung Cheung Road Choi Hung Estate
Hoi Yuen Road Kwun Tong Road
Prince Edward Road East Choi Hung Road
Wang Chiu Road Kai Cheung Road
Hip Wo Street Wan Hon Street
Lung Cheung Road Po Kong Village Road Kwun Tong Road Choi Wan Road
Lung Cheung Road Tin Ma Court
Lung Cheung Road Ping Shek Estate
Ngau Tau Kok Road Horse Shoe Lane
Sau Mau Ping Road Hiu Kwong Street
Wai Yip Street Shun Yip Street
Ngau Tau Kok Road On Shin Road
Fei Fung Street Sheung Fung Street Lin Tak Road Hing Tin Estate
Number in East Kowloon: 21
Traffic Accident Locations: West Kowloon
Street Junction/Location
Nathan Road Waterloo Road
Jordan Road Nathan Road
Argyle Street Nathan Road
Mong Kok Road Nathan Road
Cheung Sha Wan Road Tonkin Street
Austin Road Nathan Road
Cheung Sha Wan Road Yen Chow Street
Chatham Road North Wuhu Street
Cheung Sha Wan Road Nam Cheong Street Argyle Street Sai Yeung Choi Street South Argyle Street Tin Kwong Road
Austin Road Chatham Road South Gascoigne Road Nathan Road
Lung Cheung Road Tai Po Road
Nathan Road Dundas Street
Shanghai Street Nelson Street
Argyle Street Reclamation Street Argyle Street Shanghai Street
Cheung Sha Wan Road Hing Wah Street
Ferry Street Waterloo Road
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1043
Street Junction/Location
Austin Avenue Austin Road
Jordan Road Shanghai Street
Lai Chi Kok Road Tonkin Street
Argyle Street Sai Yee Street
Hong Chong Road Hong Kong Polytechnic
Mong Kok Road Shanghai Street
Tong Mi Road Argyle Street
Chatham Road South Cheong Wan Road
Cheung Sha Wan Road Tai Nan West Street
Hong Tai Path Hong Chong Road
Kowloon City Road Ma Tau Kok Road
Nathan Road Shantung Street
Nga Tsin Wai Road Lion Rock Road
Prince Edward Road West Waterloo Road
Shantung Street Sai Yee Street
Tai Po Road Nam Cheong Street
Waterloo Road Shanghai Street
Airport Tunnel East Kowloon Way
Argyle Street Tung Choi Street
Argyle Street Waterloo Road
Chi Kiang Street To Kwa Wan Road
Ferry Street Jordan Road
Jordan Road Cox's Road
Ma Tau Wai Road Lok Shan Road
Mong Kok Road Tong Mi Road
Nam Cheong Street Lai Chi Kok Road
Nam Cheong Street Un Chau Street
Nathan Road Public Square Street
Princess Margaret Road Chi Man Street
Un Chau Street Pratas Street
Waterloo Road Wylie Road
Argyle Street Lomond Road
Argyle Street Princess Margaret Road
Austin Road Canton Road
Castle Peak Road Chung Shan Terrace
Chatham Road South Observatory Road
Chatham Road South Salisbury Road
Ching Cheung Road Castle Peak Road
Dundas Street Sai Yeung Choi Street South Junction Road Waterloo Road
Kansu Street Shanghai Street
Lai Chi Kok Road Prince Edward Road West Man Ming Lane Shanghai Street
Nathan Road Haiphong Road
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1044
Street Junction/Location
Pui Ching Road Waterloo Road
Rutland Quadrant Waterloo Road
Boundary Street La Salle Road
Chatham Road South Granville Road
Cheung Sha Wan Road Wong Chuk Street
Dundas Street Fa Yuen Street
Ferry Street Shantung Street
Fuk Wing Street Yen Chow Street
Gascoigne Road Jordan Road
Hong Chong Road Salisbury Road
Ivy Street Tai Kok Tsui Road Jordan Road Parkes Street
Junction Road Prince Edward Road West Lai Chi Kok Road Fat Tseung Street
Lai Chi Kok Road Kweilin Street
Lai Chi Kok Road Maple Street
Nam Cheong Street Yu Chau Street
Princess Margaret Road Pui Ching Road
Princess Margaret Road Wylie Road
Salisbury Road Nathan Road
To Kwa Wan Road Lok Shan Road
Canton Road Peking Road
Fa Yuen Street Argyle Street
Fuk Lo Tsun Road Nga Tsin Wai Road Hok Yuen Street Ma Tau Wai Road
Junction Road Nga Tsin Wai Road Ma Tau Wai Road Wing Kwong Street Mong Kok Road Tung Choi Street
Nam Cheong Street Fuk Wing Street
Nathan Road Humphreys Avenue Portland Street Prince Edward Road West Reclamation Street Shantung Street
Wuhu Street Marsh Street
Chung Wui Street Tai Kok Tsui Road Kimberley Road Nathan Road
Nam Cheong Street Woh Chai Street
Nga Tsin Wai Road Nam Kok Road
Pak Tai Street Ma Tau Kok Road
Pau Chung Street Sheung Heung Road Shanghai Street Ning Po Street
Tak Man Street Man Tai Street
Market Street Shanghai Street
Sai Yeung Choi Street South Soy Street
Number in West Kowloon: 107
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1045
Traffic Accident Locations: New Territories
Street Junction/Location
Nam Wan Road Tai Po Tai Wo Road
Castle Peak Road Sun Hui Tuen Mun Road
Sha Tsui Road Tai Ho Road
Lung Mun Road Wu Shan Road
Yuen Long On Ning Road On Shun Street
Chuen Lung Street Sha Tsui Road
Number in the New Territories: 6
Air quality at transport interchanges
9. MR STEVEN POON asked: In view of the fact that millions of passengers utilize the China Ferry Terminal each year and that its ground level is a transport interchange, will the Government inform this Council:
(a) whether there is a set of standards to measure the quality of air in such transport interchanges; if so, what these standards are; if not, whether there is any plan to introduce a set of standards applicable to such cases;
(b) whether the air quality of that transport interchange is of an acceptable standard and, if not, whether there is any plan to improve the situation; and
(c) what measures will be taken to ensure that the ventilation of future transport interchanges is of an acceptable quality?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President,
(a) There are no specific standards for measuring the air quality in transport interchanges, but there are Air Quality Objectives for the assessment of air quality generally in Hong Kong (a copy of the Objectives is attached). These Objectives are established by the Secretary for Planning, Environment and Lands under Section 7 of the Air Pollution Control Ordinance (APCO). The standards in the Objectives vary to reflect the fact that tolerance will clearly depend on the extent of exposure to the air pollutants listed. Tolerable exposure times vary from one hour to one year. Since exposure times inside a transport interchange are generally likely to be less than one hour, the Objectives are probably not relevant.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1046
(b) As air quality at the China Ferry Terminal has not been measured, an accurate assessment is not possible and only subjective conclusions can be drawn. Given the confined nature of the interchange, air quality is likely to be regarded as unsatisfactory during periods of heavy use by vehicles. The Environmental Protection Department (EPD) is aware that air quality may become poor in such transport interchanges and plans to conduct measurements to formulate air quality standards for them, commencing in the middle of next year. The need for improvements can be considered after this has been done.
(c) As indicated in (b), any steps necessary to ensure that ventilation in future transport interchanges is acceptable will depend partly on the outcome of the measurement work referred to. After the assessment EPD may need to prepare Practice Notes to assist designers and operators of such facilities to meet any new standards established. Professional institutions and other government departments will be consulted in the preparation of any Practice Notes required.
Hong Kong Air Quality Objectives
Concentration in micrograms per cubic metre (i)
Averaging time
Pollutant 1 hour (ii)
8 hours (iii)
24 hours (iii)
3 months (iv)
1 year (iv)
Health effects of pollutant at elevated ambient levels
Sulphur dioxide 800 350 80 Respiratory illness; reduced lung function; morbidity and mortality
rates increase at higher levels.
Total suspended particulates
Respirable (v) suspended
particulates
260 80 Respirable fraction has effects on health.
180 55 Respiratory illness; reduced lung function; cancer risk for certain
particles; morbidity and mortality
rates increase at higher levels.
Nitrogen dioxide 300 150 80 Respiratory irritation; increased susceptibility to respiratory
infection; lung development
impairment.
Carbon
monoxide
30 000 10 000 Impairment of co-ordination; deleterious to pregnant women
and those with heart and
circulatory conditions.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1047 Concentration in micrograms per cubic metre (i)
Averaging time
Pollutant 1 hour (ii)
8 hours (iii)
24 hours (iii)
3 months (iv)
1 year (iv)
Health effects of pollutant at elevated ambient levels
Photochemical oxidants (as ozone) (vi)
240 Eye irritation; cough; reduced athletic performance; possible
chromosome damage.
Lead 1.5 Affects cell and body processes; likely neuropsy-chological
effects, particularly in children;
likely effects on rates of
incidence of heart attacks, strokes
and hypertension.
(i) Measured at 298°K (25°C) and 101.325 kPa (one atmosphere).
(ii) Not to be exceeded more than three times per year.
(iii) Not to be exceeded more than once per year.
(iv) Arithmetic means.
(v) Respirable suspended particulates means suspended particles in air with a nominal acrodynamic diameter of 10 micrometres and smaller.
(vi) Photochemical oxidants are determined by measurement of ozone only.
United Kingdom-Hong Kong Joint Funding Scheme
10. MR CHEUNG MAN-KWONG (in Chinese): Since the approach of 1997 warrants a review of the United Kingdom-Hong Kong Joint Funding Scheme, under which grants are made available to Hong Kong students attending full-time first degree or higher diploma courses in the United Kingdom, will the Government inform this Council of the following:
(a) the numbers of Hong Kong students attending the above courses in the United Kingdom and those provided with grants each year since the inception of the Scheme; the amount of grants and loans provided each year; and whether the processing methods and procedures of the above Scheme are different from those of the Local Student Finance Scheme;
(b) the proportion of students attending the above courses in the United Kingdom in relation to those attending similar courses abroad (including the United Kingdom) as well as their actual numbers in the past three years; and
(c) whether local students attending similar courses in other countries are receiving the same financial assistance or similar grants as those studying in the United Kingdom; if not, whether the Government
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1048
will consider extending the scope of assistance to cover all eligible students pursuing their studies abroad, so as to encourage local students to study in different countries and to enable their academic development to attain international standard?
SECRETARY FOR EDUCATION AND MANPOWER: Mr Deputy President, the numbers of Hong Kong students attending first degree and sub-degree courses in the United Kingdom since 1983-84, together with the numbers provided with grants and loans from the United Kingdom-Hong Kong Joint Funding Scheme (JFS) and the amounts of such assistance, are shown at Annex A.
Both the JFS and the Local Student Finance Scheme (LSFS) are meanstested schemes. The maximum levels of financial assistance under the two schemes are, however, determined on a different basis. The methods of calculating the amounts of grants and loans payable also differ, and are summarized at Annex B. Applications under the two schemes are otherwise processed in a broadly similar manner. All students are required to provide in their annual applications detailed information and documentary evidence on their family circumstances.
The numbers and proportion of students attending first degree and sub-degree courses in the United Kingdom and the three other most popular countries for Hong Kong students in the last three years are shown at Annex C.
The JFS is the only scheme which is financed by the Hong Kong Government jointly with another government to provide financial assistance to needy Hong Kong students studying overseas. The Hong Kong Government has no plans to introduce new schemes or extend the scope of the existing one.
Annex A
Numbers of Hong Kong students on first degree
and sub-degree courses in the United Kingdom
and of those receiving assistance from the
UK/HK Government Joint Funding Scheme
1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92
No. of HK
students on
first-degree
and sub
degree courses in the UK
No. of HK
students
provided with financial
assistance
from the JFS
5 130 5 030 5 050 5 100 5 200 5 400 5 300 5 300* 5 300* 1 221 1 349 1 246 1 350 1 479 1 597 1 634 1 717 1 797
Amount of grant paid
Amount of loan paid
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1049
1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 HK$25.30M 38.00M 29.46M 44.25M 50.41M 58.49M 52.92M 51.51M 59.49M
HK$ 0.39M 0.52M 0.65M 0 1.30M 11.39M 16.69M 20.67M 29.02M
* Estimates only
Annex B
Comparison of the UK/HK Joint Funding Scheme (JFS)
and the Local Student Finance Scheme (LSFS)
JFS LSFS
A. Maximum financial assistance
B. Calculation of annual disposable income
(ADI)
The difference between overseas fees paid by Hong Kong students and the notional home fees charged by United Kingdom institutions.
Income of all family members (100% of parents' and 30% of other members') and part of their assets
Max grant — actual tuition fees and academic expenses
Max loan — students' living expenses
Only income of core family members i.e. parents and
unmarried siblings living with the household (100% of parents' and 30% of other members')
less less
housing expenses housing expenses school fees school fees medical expenses medical expenses
applicant's expenses in the United
Kingdom
divided by divided by
the number of family members the number of core family members
C. Calculation of grant The total financial assistance payable is first determined by deducting the annual
disposable income from the maximum
financial assistance ((A)-(B)). Where the
total demand of all eligible applicants
exceeds the £4.4M of annual
D. Calculation of loan contribution from the United Kingdom and Hong Kong Governments, the sum
of grants will be apportioned among all
students, pro-rata of their entitlements.
Any shortfall will be met in the form of
loans funded by the Hong Kong
Government.
Grant payable =
Max grant - 60% of ADI*
Loan payable =
Max loan - 40% of ADI*
* A six-band income disregard system is applied in the
calculations to protect the low income group.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1050 Annex C
Number of Hong Kong students attending
full-time first degree and sub-degree courses,
in UK, USA, Canada and Australia
Year United Kingdom United States Canada Australia Total
1989-90 5 300 (25%)
1990-91 5 300 (23%)
1991-92 5 300 (21%)
8 140 (39%)
9 160 (39%)
8 710 (35%)
5 200 (25%)
5 900 (25%)
6 450 (26%)
2 200 (11%)
3 100 (13%)
4 350 (18%)
20 840 (100%)
23 460 (100%)
24 810 (100%)
Sources: United Kingdom — Department for Education (Figures for 1990-91 and 1991-92 are estimates only as the Department's international student statistics are updated only
every two years.)
United States — Institute of International Education
Canada — Canadian Bureau for International Education
Australia — Department for Employment, Education and Training
Governor's Business Council
11. MISS EMILY LAU asked (in Chinese): In his address to this Council on 7 October 1992, the Governor stressed that the Governor's Business Council would put at the top of its agenda the development of a comprehensive competition policy for Hong Kong as it is our "best defence against inflation". However, members of the Governor's Business Council are themselves directors or senior executives of consortia which are extremely influential in our market system. Will the Government inform this Council by what means the Government is to ensure that the said Council will develop an effective, fair and comprehensive competition policy and that in the formulation of policy there will not be any conflict of interests?
SECRETARY FOR TRADE AND INDUSTRY: Mr Deputy President, members of the Governor's Business Council are prominent businessmen whose business interests are well known to the Government. Thus the views offered by individual members on competition can be seen in perspective, and any conflict of interest can be taken into account in the policy formulation process. In addition, I wish to assure Members, once again, that the views of other relevant organizations such as the Consumer Council will also be sought and taken into account.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1051 Customer deposits with authorized institutions
12. MR ROGER LUK asked: At present, over half of customer deposits with authorized institutions are denominated in foreign currencies, and thus monthly deposit statistics in terms of the Hong Kong dollar are affected by valuation arising from the fluctuation of exchange rates of foreign currencies against the Hong Kong dollar. Will the Administration advise this Council whether there is any plan to collect information on such valuation effects from authorized institutions on a monthly basis and, if so, when such information will become available?
SECRETARY FOR MONETARY AFFAIRS: There is presently no plan to collect information to determine valuation effects on statistics on deposits.
Of total customer deposits, about 46% are in Hong Kong dollars and 24% in United States dollars. Given the stable United States dollar exchange rate under the linked exchange rate system, there is thus little valuation effect in respect of 70% of deposits with authorized institutions. While the balance of some 30% is susceptible to valuation effects, depending on the volatility of exchange rates, it is not clear that the benefit of having such additional information would currently justify the additional cost of reporting and collating the data. We will however keep the matter under review in the light of future developments.
Unlicensed food establishments
13. MR CHIM PUI-CHUNG asked (in Chinese): Will the Government inform this Council:
(a) whether it has in hand any information concerning the operation of unlicensed food establishments; if so:
(i) what the total number of such unlicensed establishments is and, of these, how many have never applied for licences and how many applications are still being examined;
(ii) of those applications still under examination, how many have taken a longer processing time than normally required and what excess in processing time there has been on the average; and
(iii) the number of prosecutions brought against unlicensed food establishments since the beginning of this year;
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1052
(b) whether it is aware if the authorities have plans to review their existing licensing policy for food establishments and to co-ordinate efforts of the Departments concerned, so as to reduce the time required for issuing such licenses?
SECRETARY FOR HEALTH AND WELFARE: The authority for licensing of food establishments rests with Urban Council and Regional Council.
On the specific questions asked, I am advised that:
(a)(i) Within the Urban Council area, there are 1 388 unlicensed food establishments. Of these, applications from 987 are being processed. The remaining 401 have never applied for a licence.
Within the Regional Council area, there are 523 unlicensed food establishments. Of these, applications from 439 are being processed. The remaining 84 have never applied for a licence.
(a)(ii) The time required for processing licence applications varies, depending on the extent and readiness of the applicants' compliance with statutory requirements. Each application is examined on its own merits. It would, therefore, not be appropriate to compare the time required for processing one application with that for another.
(a)(iii) Since the beginning of this year, a total of 6 416 prosecutions have been brought against unlicensed food establishments: 3 534 in the Urban Council area and 2 882 in the Regional Council area.
(b) Both Urban Council and Regional Council regularly review their procedures. Licensing conferences at the working level are held with relevant departments to examine outstanding cases to expedite processing. In addition, both Urban Services Department and Regional Services Department have recently set up a senior inter-departmental working group to review and, where possible, streamline the licensing procedures.
Consumer Council's monitoring role in the property market
14. MR FREDERICK FUNG asked (in Chinese): Will the Government inform this Council what role the Consumer Council plays in regulating the sale and purchase of private properties on the market?
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1053
SECRETARY FOR TRADE AND INDUSTRY: Mr Deputy President, under the Consumer Council Ordinance (Cap. 216), the Consumer Council has no statutory powers to regulate the sale and purchase of private properties on the market.
However, in the course of carrying out its statutory function of protecting and promoting the interests of consumers, the Council monitors the sale and purchase of private properties in the following ways:
(a) collecting and disseminating information: the Council's 16 Consumer Advice Centres throughout the territory answer queries and organize talks on purchase of properties. Last March, the Council issued a revised edition of "置業安居" (the Consumer Council's publication on home purchase which does not have an English title) which is available for sale in bookstores. The Council is currently examining the question of liability of defects in new buildings;
(b) handling complaints: the Council handles complaints from consumers relating to estate agents and properties. Its work in this area led to the public censure of three developers and their sales agents by the Council in March 1992;
(c) advising the Government: the Council from time to time tenders advice to relevant government offices on how to better regulate the property market. Examples include proper disclosure of pre-sale information on uncompleted buildings, arrangements for public sale of large developments and regulation of estate agents. It has also commented on the Sale and Purchase Agreement currently being reviewed jointly by the Law Society and the Government and made proposals to the Government and relevant trade bodies on the need for full disclosure of layout plans before sale; and
(d) encouraging trade bodies to establish codes of practice: the Council has actively promoted the establishment of a code of practice by estate agent representative organizations. It has also played a key role in urging the Law Society to require mandatory separate legal representation in the conveyancing of completed units.
Occupational therapists
15. DR HUANG CHEN-YA asked (in Chinese): Will the Government inform this Council:
(a) of the number of posts and the vacancy position of occupational therapists in public medical institutions as at 1 November 1992;
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1054
(b) of the forecast on the demand for occupational therapists in these institutions in the next five years; and
(c) of the plans that these institutions have in mind for creating relevant posts to meet the staffing needs in the coming five years?
SECRETARY FOR HEALTH AND WELFARE: As at 1 November 1992, a total of 217 occupational therapists are working in public medical institutions:
Department/Agency No. of Posts Strength Vacancy
Hospital Authority 213* 213 0 Department of Health 4 4 0
* Under the new funding arrangements, Hospital Authority is not restricted to a fixed establishment ceiling and may exercise flexibility to deploy resources in the light of prevailing service requirement.
Hospital Authority will require about 40 additional occupational therapists each year in the next five years to cope with manpower requirements arising from the introduction of new services and wastage. Department of Health has also requirement for additional occupational therapists to fill vacancies arising from wastage. Furthermore, employment opportunities for occupational therapists exist both in aided special schools and in welfare institutions. Posts will be created as necessary in the light of service requirements.
Consultancy fees for new airport projects
16. MR TAM YIU-CHUNG asked (in Chinese): Will the Government inform this Council how the level of consultancy fees for the new airport projects is determined; whether any objective criteria are used for determining the scale of such fees; if so, what these criteria are; and what measure have been taken to prevent such criteria from being abused?
SECRETARY FOR WORKS: Mr Deputy President,
A. Consultancies for New Airport Projects let by Government
1. Prior to June 1991, engineering and associated consultants were selected largely on the basis of their technical capability. Fees were negotiated with the most technically competent consultant, based on a percentage scale applied to the cost of the construction works.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1055
2. The Government introduced a new system in June 1991 to provide an element of fee competition in the selection process, aimed as far as possible at basing the remuneration of consultants on a fixed lump sum fee, independent of the cost of the works. The way in which consultants are currently selected and appointed is set out in the paper on "Selection of Engineering Consultants for Hong Kong Government Projects" presented to the Legislative Council ad hoc group on the financing of the Airport Core Programme (Legislative Council ad hoc group) in April 1992.
3. Since June 1991, shortlisted engineering and associated consultants have been required to submit separate Technical Proposals and Fee Proposals in bidding for any particular consultancy project. The Technical Proposals are opened by the project department, and an assessment of the technical competence of the consultants is made according to a marking system previously approved by the Engineering and Associated Consultants Selection Board (EACSB). The marking system is made known to the consultants shortlisted for the consultancy submissions or proposals. Once this has been done, the Fee Proposals contained in sealed envelopes are opened by the Chairman and Secretary of the EACSB. An overall assessment of the consultants' combined Technical and Fee Proposals is then made, based on pre-determined weighting (also known to the consultants) of technical competence against fee proposals as follows:
(a) for complex multi-disciplinary consultancies that require special emphasis on technical input — 80% technical and 20% fee;
(b) for less complex feasibility studies and investigation stage consultancies, and for design and construction consultancies of above average complexity — 70% technical and 30% fee; and
(c) for technically straightforward design and construction consultancies — 60% technical and 40% fee.
The level of fees is thus in effect decided by competitive bidding once the technical acceptance has been obtained.
In special cases, for example due to extreme urgency, the need for unique technical know-how or the small scale of the assignment, a single consultant is approached. In such cases the fees and conditions of appointment are determined by negotiation, subject to approval by the EACSB.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1056
4. The above procedures apply to the selection of engineering and associated consultants for all government projects after June 1991 including its Airport Core Programme (ACP) projects.
5. A list of the government ACP consultancies and their award prices will be circulated to the Legislative Council ad hoc group very shortly in response to an earlier request from the group.
B. Consultancies let by Provisional Airport Authority (PAA) and Mass Transit Railway Corporation (MTRC)
There is no substantial difference between the Government, PAA and MTRC in the procedural framework and criteria for the selection of consultants, although there are differences in working details, to suit the different administrative structure. Details on the PAA and MTRC systems were circulated to the Legislative Council ad hoc group in April 1992. Furthermore, a note showing a comparison of the systems of Government, PAA and MTRC was circulated to the group in July 1992.
Basically the system adopted by PAA and MTRC is consistent with the new system adopted by the Government after June 1991, with separate assessments on technical and fee proposals.
C. Measures to prevent the criteria for determining the fees from being abused
The consultancies for all new airport projects let by the Government, PAA and MTRC are approved by the EACSB, the PAA Board or the MTRC Board respectively.
The EACSB is chaired by Director of Civil Engineering and comprises representatives from Finance Branch, Works Branch and the project departments. The PAA Board and MTRC Boards consist of ex-officio members as well as members appointed from the community. The composition of these Boards helps to ensure that fair and reasonable assessments are always carried out. Furthermore, all appointments are made by the relevant Board based on pre-determined selection criteria, which are well documented. To date, there has been no evidence to indicate that the criteria for determining the fees were abused.
Legal status of political organizations in Hong Kong
17. DR LEONG CHE-HUNG asked: Will the Administration inform this Council when legislation will be introduced to provide proper legal status for political organizations in Hong Kong, and for related ancillary matters such as donations to these organizations?
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1057
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Under current arrangements, political organizations in Hong Kong are either registered under the Companies Ordinance (Cap. 32) or notified under the Societies Ordinance (Cap. 151). In addition, the Summary Offences Ordinance (Cap. 228) regulates any applications, from political organizations or any other bodies, to raise fund for a non-charitable purpose in confined public places.
The Administration do not see the need, and therefore have no plans to introduce specific legislation to deal with the legal status of political organizations and ancillary matters. The need for such legislation elsewhere stems from considerations which are not applicable to Hong Kong's present stage of political development. For example, registration of political parties would be needed for a system of proportional representation under which voting is by reference to party lists, or for public subsidies for political parties. These factors do not at present apply in Hong Kong.
Procedures for holding public processions
18. MR LEE WING-TAT asked (in Chinese): In view of the public's complaints on the excessive details required when applying for a licence to hold a public procession and when notifying the intention to hold a public meeting which has on occasions required the applicants to attend police stations to further elaborate on the information given, will the Government inform this Council:
(a) how the existing procedures have been publicized to ensure that the general public have a clear understanding of them; and
(b) whether the Administration will consider simplifying the existing procedures and forms to facilitate the general public?
SECRETARY FOR SECURITY: Mr Deputy President, information leaflets on "How to apply for a licence to hold a public procession or to notify the police of a public meeting" are available to the public at District Offices, police stations and the Police Licensing Office. Copies are attached for Members' information. Members of the public may also approach officers at police stations, or the Police Licensing Office to make enquiries.
As with other forms and procedures, we have kept those for public assemblies under review to ensure that they are as user-friendly as possible. At present, we are reviewing Part III of the Public Order Ordinance (Cap 245) which concerns the regulation of public meetings, processions and gatherings. I expect that procedures for such events will be simplified as a result of this review.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1058
HOW TO APPLY FOR A LICENCE TO HOLD A PUBLIC PROCESSION OR TO NOTIFY THE POLICE OF A PUBLIC MEETING
Anyone can hold a public meeting or public procession in Hong Kong so long as it is held in a safe and orderly manner and without excessively inconveniencing other members of the public. To ensure safe and orderly conditions, a system of licensing has been set up by law. Under the system, anyone planning to hold a public procession must apply in advance, while the Commissioner of Police must be notified of the intention to hold a public meeting. This leaflet is designed to help you understand the procedures. (Please also see "Permission for use of Venues").
Notification of a public meeting
A written notice of the intention to hold a public meeting must be delivered in person by the organizer or by someone on his behalf to the Duty Officer in any police station, but preferably at the one covering the location of the meeting.
The notice should be delivered at least seven working days in advance (excluding Sundays and public holidays, the day the delivery is made, and the day of the meeting).
The notice must contain the information specified in section 8(2) of the Public Order Ordinance, which includes time, place and plans for the meeting and particulars of the organizer's identity and address.
The meeting may go ahead once it has been properly notified, unless the Commissioner prohibits it.
The conditions contained in the Public Order (Public Meetings) (General Conditions) Order apply to every public meeting. The Commissioner may apply further conditions, and if so, the organizer will be notified.
Application for a licence to hold a public procession
An application form (Pol 84(s)) is available at the Licensing Office and can also be obtained from any police station. Application may be by letter provided it contains all the information requested in the form.
It would be helpful if a map could be attached with the route marked on it.
The application should be submitted at least seven days in advance (excluding the day the application is received and the day of the procession, but including Sundays and general holidays).
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1059
The application may be sent by post or submitted in person either to the Licensing Office or a police station, preferably the one covering the area where the procession will begin.
The licensee must be present throughout and should have the licence with him. It is the licensee's responsibility to ensure that any licence conditions are fully complied with.
The law
The Hong Kong law under which licensing is carried out is the Public Order Ordinance, Chapter 245. If you wish to read it, you can find a copy in the reference section of any of the main public libraries. Copies of the Ordinance are also on sale at the Government Publications Centre, GPO Building, Ground Floor, Central District.
Petitions
No licence, permit or other authorization is needed for someone to present a petition as such, but if a petition is to be presented in the course of a public meeting or procession, then the procedures above will apply.
Processing the application
The Licensing Office deals with applications as quickly as possible. Among the items covered in the application form are:
- What is the meeting or procession about?
- How many people are expected to turn up?
- In the case of a procession, what route is planned?
- Will loudspeakers be used?
If you have any questions to ask about these or any other matters when filling in the form, the Licensing Office will explain the requirements as fully as possible. The Office may also suggest variations to the proposals — like, for example, changing the route of a procession so as to avoid heavy traffic, or changing the date of a meeting so as to avoid coinciding with a major sporting event.
At this stage the Office may also need to see specimens of any posters, banners or advertising material, so it is as well to have these specimens available in good time.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1060
A meeting may be prohibited or a licence for a procession refused if it has been advertised before it has been notified or licensed.
Conditions
If the application is approved, the Licensing Office will point out to you the conditions imposed on the licence for a public procession, and regulations governing the holding of a public meeting, and will give you a copy of these conditions. They will include:
- A stipulation that you, as licensee, are present yourself when the procession takes place and that you accept responsibility for maintaining good order.
- A limitation, if necessary, on the power of sound amplification devices so as to avoid the volume of sound from the meeting place affecting other public areas surrounding it.
- A ban on the burning of flags and similar emblems.
- A provision that you, as licensee, see that any litter is cleared up afterwards. Designated public areas
When planning to hold a public meeting you should consider that 18 places have been approved as designated public areas for the purposes of holding meetings or public processions, meaning that they are especially suitable for this purpose from the point of view of both the application and the authorities. The places are:
Hong Kong
- Band Stand Area in Victoria Park
- Three hard-surface mini-soccer pitches (Nos. 3, 4 & 7) in Victoria Park - The Hong Kong Stadium
Kowloon
- Hard-surface mini-soccer pitch in Kowloon Park
- Hard-surface mini-soccer pitches (Nos. 1 & 2) in Kowloon Tsai Park - Open Air Theatre in Morse Park
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1061 New Territories
- The open space in front of Pak Tai Temple, Cheung Chau
- Shek Wu Hui Playground
- Luen Wo Hui Playground
- Fanling Recreation Ground
- Ta Kwu Ling Playground
- Tai Po Playground
- Tsuen Wan Town Hall Garden
- Wo Yi Hop Road Sports Ground, Tsuen Wan
- Kwai Chung Sports Ground
- Yuen Long Stadium
- Sheung Tsuen Park, Yuen Long
- Cheung Ching Estate Playground, Tsing Yi (under the control of the Housing Department)
Refusal of a licence
The police do have the power to refuse an application (though in practice this happens very rarely); if they do so, they will usually tell the applicant the reasons. There is a right of appeal to the Governor against a refusal, and also against conditions imposed by the licence granted.
Issuing the licence
If time permits the licence will be sent by registered post; otherwise you will be contacted and asked to collect it at the Licensing Office. The onus is on you to have the licence in your possession before the procession commences. There is no fee for the licence.
Licensing Office,
Royal Hong Kong Police Force,
Police Headquarters,
Arsenal Street,
Wan Chai,
Hong Kong
Tel: 860 2525
Permission for use of venues
The notification to police of a public meeting does not excuse the organizer from any requirement to obtain permission from the appropriate authority for the use of a venue. Many parks, pleasure grounds and playgrounds, including all the designated public areas, are under the control of the Urban or Regional Council; many others are controlled by the Housing Department on behalf of the Housing Authority. Applicants for permission to use such venues should be submitted, preferably two weeks in advance, to:
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1062
(a) the appropriate District Office (Recreation, Amenities and Sports) Urban Services Department;
(b) Director of Regional Services (Attention: Chief Amenities Officer (Operations)), Swire and Maclaine House, Fourth Floor, 19-23 Austin Avenue, Kowloon; or
(c) the Housing Manager in charge of the estate in which the proposed venue is located.
Legislative protection for the media
19. MR ERIC LI asked: Is the Government satisfied that the existing laws sufficiently protect the media in faithfully reporting or quoting Legislative Council Members' comments in Legislative Council sittings and Legislative Council committee meetings where such comments may involve slanders or personal attack? If not, are there any plans to introduce legislation to protect the media in making such reports?
CHIEF SECRETARY: The Government is completely satisfied that the existing law sufficiently protects the media in faithfully reporting or quoting Legislative Council Members' comments in Legislative Council sittings and committee meetings of the Legislative Council even where the remarks themselves have been defamatory, or abusive, or amount to personal attacks. In the absence of malice on the part of the media, media reports of the proceedings in the legislature are privileged if they are fair and accurate. In addition, honest and fair comment in any article or editorial founded upon what has been said, either in the Legislative Council or in a committee meeting of the Legislative Council, is similarly privileged. The Government sees no need for any change or redeclaration of the existing law.
Babies born to two-way permit holders
20. MR WONG WAI-YIN asked (in Chinese): Will the Administration inform this Council:
(a) of the Chinese nationals who travelled to Hong Kong either individually or in tourist groups on two-way permits in the past three years, how many gave birth to babies during their stay in the territory and, where their fathers are permanent residents of Hong Kong, whether these babies have the right of abode in the territory;
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1063
(b) for how long the above Chinese nationals are normally allowed to extend their stay in Hong Kong in order to give birth to babies;
(c) whether the incidence of the above situations has been on the increase; if so, what measures are being taken by the Government to tackle this?
SECRETARY FOR SECURITY: Mr Deputy President, the number of babies registered as born to two-way permit holders in Hong Kong in the past three years is as follows:
1990 1 746
1991 2 750
Jan - Oct 1992 3 527
The number of two-way permit holders visiting Hong Kong over the same period was 133 021 in 1990, 140 378 in 1991, and 131 067 in the first 10 months of 1992.
If the father of a baby born in Hong Kong has permanent resident status in Hong Kong, the baby will also have that status, and therefore the right of abode in Hong Kong. The number of babies born to two-way permit holders who acquired this status was 1 606 in 1990, 2 553 in 1991, and 3 256 in the first 10 months of 1992.
We allow two-way permit visitors to overstay their permits only where there are very special or extenuating circumstances; this does not include pregnancy. But if a person is physically unfit to travel back to China, including because of a very advanced stage of pregnancy, an application for extension of stay would be granted.
The number of pregnant women arriving in Hong Kong on two-way permits has been increasing recently, and this is causing us some concern. We have already asked the Chinese authorities not to issue permits to women at an advanced stage of pregnancy, as it appears that this may be an abuse of the system. We are monitoring the situation; if there is increasing abuse of this apparent loophole, we may need to introduce further controls.
First Reading of Bills
SUPREME COURT (AMENDMENT) BILL 1992
TRUSTEE (AMENDMENT) BILL 1992
PENSIONS MODIFICATION BILL 1992
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1064
PENSIONS ORDINANCES AND REGULATIONS (MISCELLANEOUS AMENDMENTS) BILL 1992
HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION BILL
Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
Second Reading of Bills
SUPREME COURT (AMENDMENT) BILL 1992
THE ATTORNEY GENERAL moved the Second Reading of: "A Bill to amend the Supreme Court Ordinance."
He said: Mr Deputy President, I move that the Supreme Court (Amendment) Bill 1992 be read a Second time.
A party to proceedings in the magistracy, or any other inferior court, may apply to the High Court for judicial review of the court's decision. If the proceedings relate to a civil cause or matter, an appeal from that judicial review will lie to the Court of Appeal as of right. However, if the proceedings relate to a criminal cause or matter, the Court of Appeal has no jurisdiction to hear an appeal from the judicial review. A party who wishes to appeal may only do so by applying, with leave, to the Privy Council in London.
This distinction between civil and criminal matters for the purpose of appeals is artificial and serves no useful purpose. It is not in the public interest that the Court of Appeal should be unable to make rulings on issues of potential significance.
The Bill remedies the problem by amending the Supreme Court Ordinance. It extends the jurisdiction of the Court of Appeal and provides that a party may appeal as of right from a decision upon judicial review in a criminal cause or matter. The Bill makes clear that the new jurisdiction will only apply in respect of judgments given or orders made after the date of enactment.
The Bill has the support of the legal profession.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1065 TRUSTEE (AMENDMENT) BILL 1992
THE SECRETARY FOR MONETARY AFFAIRS moved the Second Reading of: "A Bill to amend the Trustee Ordinance."
He said: Mr Deputy President, I move that the Trustee (Amendment) Bill 1992 be read a Second time.
The main purposes of the Bill are — first, to update the requirements in respect of trust companies registered under Part VIII of the Ordinance; and, secondly, to streamline, and to some extent enhance, the effectiveness of existing procedures in that Part of the Ordinance.
Part VIII provides for the registration and regulation of trust companies. A company is eligible to be registered as a trust company if it meets the statutory requirements under section 77(2). One of these requirements is that the company must have a minimum issued and fully paid up share capital of $1 million and deposit certain investments with the Director of Accounting Services to a value of not less than $500,000. These figures were set in 1975. We propose to adjust them to $3 million and $1.5 million respectively.
At present it is not clear whether the Registrar of Companies is able to take action against a company which complied with the requirements of section 77(2) upon registration but subsequently fails to do so. We propose to make it unambiguous that the requirements must continue to be fulfilled after registration.
It has, in any event, been difficult for the Registrar of Companies to take effective enforcement action under this Part of the Ordinance because of the lack of suitable sanctions against breaches of a number of provisions. Examples include section 81, which restricts the objects of a trust company, section 92, which prohibits loans to a director or officers of a trust company, and section 93, which restricts the borrowing of money by a trust company. The only sanctions which are currently available, under sections 95 and 96, involving the appointment of an inspector to carry out an investigation or seeking Court consent for a trust company wound up, are considered too draconian in most circumstances.
The Bill introduces more pragmatic and flexible forms of sanction, namely default fines comparable to those provided for in the Companies Ordinance.
We propose, in addition, to transfer certain functions from the Governor in Council to the Financial Secretary where basically technical and financial, rather than policy, considerations are involved. These functions include the specification under section 4(3) of investments in which a company may invest trust funds, approval under section 91(1)(b) of securities in or upon which a
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1066
trust company may invest, and extension under section 91(3) of the three-year limit within which any land acquired by a trust company must be sold.
It is also proposed that the power under section 95 to appoint an inspector to investigate the affairs of a trust company should be transferred to the Financial Secretary. This is in line with similar powers which the Financial Secretary may exercise under section 142 and 143 of the Companies Ordinance in respect of the investigation of companies generally. In this connection, the Bill defines more clearly certain particular grounds upon which an inspector may be appointed to investigate the affairs of a trust company, such as if there were circumstances suggesting that the company had committed a breach of trust, was conducting business for a fradudulent or unlawful purpose or that it had failed to comply with requirement under Part VIII of the Ordinance.
The Hong Kong Trustees' Association has been consulted and supports the proposed amendments.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
PENSIONS MODIFICATION BILL 1992
THE SECRETARY FOR THE CIVIL SERVICE moved the Second Reading of: "A Bill to amend certain Ordinances relating to benefits payable in respect of public officers."
He said: Mr Deputy President, I move that the Pensions Modification Bill 1992 be read a Second time.
The purpose of the Bill is to modernize our pensions legislation to meet present day needs, and to remove anomalies and discriminatory provisions. The most significant changes are to make membership of the Widows and Orphans Pension Scheme and the Widows' and Children's Pensions Scheme voluntary; to remove discriminatory provisions, and to make annual pension increases in line with price inflation a statutory right. I shall elaborate on these changes.
Voluntary dependant pension schemes
Membership of the dependant pension scheme will be made voluntary with effect from an appointed day. Existing members may elect to cease to make contributions within six months from the appointed day. Unmarried officers will receive a refund of their past contributions with interest when they cease to contribute to the scheme. Married officers will have their accrued benefits preserved, and their dependants will continue to enjoy a contingent dependant pension frozen at the level when they leave the scheme. New appointees will have an option to join the voluntary Widows' and Children's Pension Scheme within six months of their date of appointment or marriage.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1067 Removal of discriminatory provisions
Membership of the voluntary Widows' and Children's Pensions Scheme will be extended to female officers, Model Scale I staff and certain junior disciplined services officers. The pensionable age of dependant children will be standardized at age 18 irrespective of sex. The provision that a husband's entitlement to a dependant pension is subject to financial dependency on his wife will be repealed. Also, to be consistent with the Bill of Rights and as recommended by the Law Reform Commission, pension rights will be provided for illegitimate children under the dependant pension and service pension schemes.
Pension increases
In line with the Government's policy to maintain the original purchasing power of pensions, pension increases will be paid as of right, and adjustments will be made annually on the basis of the movement of the Consumer Price Index (A). In effect, this formalizes the current practice for pension adjustments by embodying it in legislation. This will not result in any additional expenditure, as pension increases have been awarded annually on the basis of the movement of CPI(A) since 1976. An index-linked pension may also help to address civil servants' concern about the security of pensions.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
PENSIONS ORDINANCES AND REGULATIONS (MISCELLANEOUS AMENDMENTS) BILL 1992
THE SECRETARY FOR THE CIVIL SERVICE moved the Second Reading of: "A Bill to amend various Ordinances and regulations relating to the provision of pension benefits, gratuities and other allowances in respect of public service."
He said: Mr Deputy President, I move that the Pensions Ordinances and Regulations (Miscellaneous Amendments) Bill 1992 be read a Second time.
The purpose of the Bill is to improve and clarify pensions legislation by removing anomalies and inconsistencies. The amendments proposed are largely technical. The major changes are: to standardize arrangements for the counting of service below the age of 18 as pensionable service; and to introduce a more flexible definition for pensionable emoluments to cater for exceptional circumstances. I shall elaborate on these changes.
Pensionable service
Under the present Pensions Ordinance, service under age 18 is not counted as pensionable service for officers confirmed to the permanent establishment, but it is counted for officers holding non-established offices such
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1068
as Model Scale I staff. Under the Pension Benefits Ordinance, pensionable service commences from the age of 18 years in respect of all officers. There are no valid reasons for maintaining such a distinction, and so we intend that in future all service regardless of age should count for pension purposes. However, there will be no retrospective application to officers who have already left the service.
Pensionable emoluments
The Governor will be given the discretion to direct that an acting allowance may be taken into account for computing pension benefits. The purpose of the amendment is to redress the situation whereby officers may have had to assume the responsibility of a higher officer for a prolonged period, but are unable to secure promotion because there is no equivalent higher rank in their own grade. Such officers will be at a disadvantage if they are near retirement, because computation of retirement benefits does not take into account acting allowances. The proposed amendments aim to cover such exceptional circumstances.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION BILL
THE SECRETARY FOR TRADE AND INDUSTRY moved the Second Reading of: "A Bill to establish a body corporate to be known in the English Language as the Hong Kong Industrial Technology Centre Corporation and in the Chinese language as 香港工業科技㆗ 心公司, to define its functions and to provide for related matters."
He said: Mr Deputy President, I move that the Hong Kong Industrial Technology Centre Corporation Bill be read a Second time.
The object of the Corporation is to promote technological innovation and development and the application of new technologies in industry in Hong Kong. To further this object, the Industrial Technology Centre, now under construction, will provide accommodation, "incubation", technology transfer and other support services for technology-based companies.
This Bill seeks to establish the Centre as a statutory corporation. The purpose is to give the Centre an appropriate status, in line with that of other major industry support organizations, and to allow it flexibility in its operations while providing a proper means of government control.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1069 Member's motion
ENVIRONMENTAL PROTECTION
DEPUTY PRESIDENT: I would just remind Members of the House Committee rules as to limit of time. The mover of the motion, 15 minutes including reply; mover of amendments, seven minutes; other speakers seven minutes.
MR PETER WONG moved the following motion:
"That this Council urges the Administration to review the priorities of its environmental protection programmes and to draw up a comprehensive conservation policy with a target towards achieving sustainable development."
MR PETER WONG: Mr Deputy President, I move the motion on "Conservation" standing in my name.
I owe an explanation to Members over the various changes to the wording of my original motion which included the Agenda 21 of the Rio Summit held in June this year. At the request of certain Members, I agreed to delete this specific component because the findings and resolutions of the Earth Summit are not yet well known in Hong Kong, and it was believed that the motion would be left broadly phrased to embrace any specifics that may have been taken up at Rio.
I was approached by Dr LEONG late last week about a possibility of adopting the two Rio conventions and I explained to him Members' reservation. The final version of Dr LEONG's amendment was shown to me only yesterday morning. We are all agreed that we do not wish to make any capital out of the wording of the motion unnecessarily and we should endeavour to work together on a commonly acceptable version. The only remaining matter of variance was the insertion of the two words "and energy". This matter was thoroughly debated last July and it would be inappropriate to give undue prominence to energy policy even though we all agree that it is very important in the whole context of conservation.
Having agreed on the substance of the final motion, the Legal Adviser opined that the calling for the adoption of the two Rio conventions would be held to be a change in the substance of the motion and our House Rules would ask that Members be given a chance to vote on that. I wish to respect those rules and agree to have my motion stand and be amended by Dr LEONG. In the final analysis, the Rio conventions, which have been signed by our sovereign power and which we are legally bound to adopt in due course, were part and parcel of my original motion. I have therefore no problems in accommodating Dr LEONG's amendment.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1070
Environmental conservation has been defined broadly as "the management of human use of the biosphere (the thin covering of the planet that contains and sustains life) so that it may yield the greatest sustainable benefit to the present generation while maintaining its potential to meet the needs and aspirations of future generations."
These are all highly charged words for environmentalists, but what do they mean for Hong Kong?
Not that long ago, we were introduced to the "Keep Hong Kong Clean" campaign and were encouraged to ridicule the "Lap Sap Chungs". A clean Hong Kong made us feel and look better. More recently, we started the environmental protection campaigns. We were told that apart from solid waste, we had to deal with water, air and noise pollution as well. We came to realize that although we had one of the highest per capita income in the region, we were paying for it by living in one of the worst cesspools in the world, our fragrant harbour.
Conservation a necessity
All the action we have taken so far has been to fix up the excesses perpetrated in the years past — the lack of sewers, air pollution and noise pollution. Even the one saving grace, our country park system, was set up only to prevent hill fires and to upkeep the slopes for our reservoirs. I do not blame the present Administration for our environmental heritage — it all seems to be part of the growing up process of a developed territory. Fortunately we have achieved a state of financial well-being; so we can take care of environmental problems which were considered a luxury before, and is now a necessity.
The purpose of this debate is to draw everyone's attention to the real reason of protection of the environment. There is an urgent need to make sure that we can keep our fragile living space from destruction. Conservation cannot be achieved just by the existing precautionary measures of building an environmental legal framework and drafting outline zoning plans. It has to be accomplished by greening of the environment, waste minimization, recycling, conservation of energy and resources, bio-diversity, slowing down of global warming, depletion of the ozone layer plus many more. We have to remember that we are in a global village — the CFC that we let loose will remain to haunt us just as the sulphur dioxide that our power stations emit will produce acid rain worldwide.
Comprehensive conservation policy
We need a whole new policy to guide our way of life so that our quality of life is sustainable for the generations to come. Hong Kong needs a comprehensive environment conservation policy to ensure the sustainable use of resources under acceptable environmental constraints. The Government must clearly delineate departmental responsibilities to effect better co-ordination,
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1071
closer communication and more comprehensive treatment of environmental conservation issues, making sure these issues do not fall between the cracks of departments and get forgotten in the process. The Government must make use of its high concentration of trained environmental manpower and other resources.
My colleagues will go into details into specific areas of a conservation policy which must integrate social, economic, cultural and political factors. It will have to balance the conflicting demands of land usage, something that has a finite supply. It must have regard to preservation in the long term of our biological and botanical species, not only in Hong Kong alone, but in our surrounding regions.
The Government must accord environmental issues the right priority when getting things done. At the moment, when environmental issues confront other priorities such as public works projects, they automatically take a back seat. The dual role of the Secretary for Planning, Environment and Lands must be reconsidered by the Government. Although the Governor has allocated some funds to the sewerage strategy programme in his October policy speech, he has repeatedly failed to respond to the challenge of showing his green credentials.
Specific conservation programmes
It is in the use of land that we need a long-term policy up to the year 2047. We have the Town Planning Ordinance and Metroplan, but they do not spell out how we will use the whole of the land and the seas within our territorial boundaries. We have yet to see firm plans for our marine parks, and our country parks need to have their usages and sanctity defined and protected. Legal requirements for environmental impact assessment and for implementing EIA recommendations should be laid down. As our population increase in size and wealth, there will be more pressure for housing and recreation as well as infrastructure, and the justification of encroaching on those reserves will become increasingly cogent. But our supply is limited and precious. The Government must be as sparing as possible in its use to ensure that our grandchildren can still enjoy those simple pleasures that we now find progressively hard to indulge.
We are increasingly a consumer society as reflected in the amount of waste that we have to dump at landfills every day. I need not quote statistics of the disposed amount of wood, plastics and construction materials every day. The community needs to practise more recycling of waste although I appreciate our physical constraints make it very hard to sort and store the waste pending its disposal. Here, government leadership is specially needed in waste separation and recycling programmes.
Also much of our energy gets wasted. All too often, the developer and his professional designers only have a quick profit in mind, leaving the ultimate user with an energy inefficient and hence expensive building to run. In
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1072
practically all our buildings, the air-conditioning is badly adjusted and in summer we have the reputation of having the coldest buildings in Asia. We need more than a voluntary code to ensure that our buildings are designed to be energy efficient and practical for human habitation. This type of environmental legislation must be properly enforced.
We need to look at the pricing structures of our utilities to see how we can reward the generators of energy for helping consumers to save energy. It is regrettable that the Executive Council permitted the Administration to renew the scheme of control with China Light and Power without heeding the calls to follow the green practice of rewarding the producer for energy savings. I sincerely hope that the utility companies will voluntarily adopt such practices.
I suggest that we should make a thorough study of how Hong Kong uses its water. I am led to believe that we have priced our water too cheaply and as a result far too much is used and wasted. All our water has to be treated and every year some 30 000 dry tonnes of sludge have to be disposed of. The Government should take a lead in purchasing half-flush toilets and we can save water without any appreciable loss of flushing power by the simple expedience of putting a brick in our cistern. Based on everyone in Hong Kong flushing his toilets twice a day, that would save nearly 7 million gallons a day or 2 534 million gallons a year.
Motor vehicles, specially our diesel taxis, lorries and buses are a major source of air pollution. Since our vehicle numbers are set to double by the year 2001, and with little new technology in view, we must come up with a fresh transport policy. It is a scandal that our present transport policies had paid no regard to environmental concerns. That is something that the overall policy has to address.
I foresee that noise pollution will be an increasing concern in the years to come. Policy on noise pollution is very difficult to monitor and enforce. We have to find a solution based on public education and awareness and respect for other people's right to enjoy a quiet and peaceful life.
Green groups' co-operation
In order to achieve a comprehensive and vigorous environmental conservation policy, we need the input by the people of Hong Kong concentrating their wisdom through the green groups. Indeed greater impetus should be given to the green groups to rally their support for the Government's conservation policy.
In arriving at my own views for this motion debate, I am deeply grateful to the information and assistance given by the green groups. I must pay tribute to those environmentally conscious pioneers of Hong Kong, the founders of Friends of the Earth, Greenpower, Conservancy Association and World Wide Fund For Nature, who persevered using non-confrontational tactics, persuading
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1073
both industry and the Government that greenness is the way forward. This has been achieved without help nor money from the public coffers.
It is through the Conservancy Association which sent a team at their own expense that I have learnt all I know about the Agenda 21 passed at the Earth Summit in Rio in June this year. By not sending our official delegate to that conference, our Administration has to rely only on written materials supplied by the British Government. The Administration is not yet in a position to brief the Environmental Affairs Panel on the effect on Hong Kong and its economy. There is a decided lack of knowledge in Hong Kong about the Rio Summit findings. I now urge the Administration to speedily complete its study of Agenda 21 and the decisions of the Summit and inform us what our obligations are under that agreement. More information and closer contact between the Government and the green groups will facilitate co-operation between the two which is essential for an integrated approach to conservation.
Green consumption pattern
Lastly, we need to build up the correct mental attitudes about environmental conservation. Through the programmes pioneered by the green groups in our schools, we have seen good progress. This can be strengthened by teaching conservation as a compulsory subject at school. More must be done by way of disseminating conservation information at the local or district board levels to bring the conservation message home and to build up a green consumption pattern among members of the public. The media also has a duty and a significant role to play in this respect.
There is a Red Indian maxim: "We did not inherit this Earth from our fathers, we merely borrowed it from the generations to come." We have merely borrowed our habitat and we are expected to return it much as we found it, wholesome and in working order.
Mr Deputy President, I hope that this debate will stimulate discussion on what should be our conservation policy. It is not a job that the Government alone can do — the whole of the population of Hong Kong has an interest in ensuring that such a policy meets the needs of Hong Kong in a global context. I urge the Government to work immediately on such a policy in partnership with the green groups with the aim of producing a White Paper by the time of the Governor's policy address in October 1993. Our conservation policy should also set out the administrative structure of how to tackle conservation and environmental matters and how to avoid conflicts with infrastructure and other demands. That paper on conservation should also cost out the proposals since many of the necessary preventive and remedial actions are likely to be costly. We also need the positive and unanimous support of this Council to urge the Government to adopt this new line and to keep up the pressure. We must face our problems realistically. We cannot afford to delay any longer the effort to restore our rapidly degrading living space back to health and arrive at that
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1074
balance with nature, so that we can pass on to the generations to come the right to live with dignity as human beings.
Question on the motion proposed.
DEPUTY PRESIDENT: Dr C H LEONG, you may move your amendment now. Mr Peter WONG has referred to the House Committee provision on his wish to incorporate your amendment in his motion. I have separately also ruled that under Standing Orders without due notice Mr Peter WONG could not do it.
DR LEONG CHE-HUNG moved the following amendment to Mr Peter WONG's motion:
"To insert the words", to adopt the two conventions endorsed in the Earth Summit 1992," after the word "programmes"."
DR LEONG CHE-HUNG: Mr Deputy President, I rise to amend the Honourable Peter WONG's motion as stated in the Order Paper. Honourable colleagues have heard from Mr Peter WONG that if it had not been for the legality of the Standing Orders, he would have amended his original motion likewise himself. In amending the motion, I have to stress categorically at the outset that this is in no way a disrespect to my honourable colleague. Indeed, I completely endorse the need for a conservation policy and the spirit of acquiring a "sustainable development" highlighted in the original motion. Furthermore, I do acknowledge the amount of work my honourable colleague Mr Peter WONG has done in the area of environmental protection. With respect, however, Mr Deputy President, the wording of the original motion is too generalized. The scope of environmental protection is too widely encompassing and in requesting the Government to promote further the concept of environmental protection, it would be more fruitful if we could suggest to the Government a more definite direction.
Mr Deputy President, in June this year some 130 nations gathered in Brazil at the Conference on Environment and Development (環境及發展會議) or the "Earth Summit" (㆞球高峰會) as is commonly called, in an attempt to make contributions to protect the environment in the course of future development; in specific terms, to acquire "sustainable development". In essence, it aims at a form of development which can meet the requirements of this generation and yet does not jeopardize the ability of our future generations to cope with their demands. The result is the adoption of two conventions — the Convention on Climate Changes (氣候轉變的框架公約) and the Convention on Biological Diversity (生產品種多樣化公約). These two conventions set out the guidelines leading to the achievement of environmental protection to minimize the threat to annihilate this planet.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1075
It is with this purpose in mind that I call upon the Government to adopt these two conventions as a baseline, as a predetermined framework on which the needs of environmental protection for Hong Kong could be built on. Perhaps it may be meaningful at this juncture to point out that both Britain and China have consented to be signatory countries of these two conventions and I presume, in spite of the recent war of words, the adoption by Hong Kong would not contravene the Joint Declaration.
What then, Mr Deputy President, are the gists of these two conventions? Would Hong Kong have any difficulties in following these guidelines?
The Convention on Climate Changes has an overall objective of stabilizing atmospheric concentration of "greenhouse gases" at a level that would dangerously interfere with our climate system by human activities. This means we have to take steps to limit the emission of "greenhouse gases" and to enhance their retention by sinks and reservoirs with the aim to contain the emission levels in the future to within that of 1990 levels. All parties of this convention are required to provide periodic updates on their national inventories of "greenhouse gases".
The Convention on Biological Diversity aims to promote the sustainable use of biological components and the fair and equitable sharing of the benefits of utilization of genetic resources. It also entails the transfer of technological knowhow from developed to developing countries under fair and favourable terms so as to achieve an objective — to protect this earth.
Mr Deputy President, the 1989 White Paper on environmental protection — White Paper on "Pollution in Hong Kong — A Time to Act" 「對抗污染莫遲疑」 calls for the development of machinery to prevent pollution such as "the designation of dumping grounds", "refuse disposable stations", and "chemical waste treatment plants" and so on. All these, though essential, only call for control of pollution and this is by no means meeting the demand of "environmental protection" itself.
Mr Deputy President, whilst minimization of pollution is a must, there is also a dire need to prevent the destruction of our environment and ecology. Too much and too many of our valuable genetic resources have been destroyed in the rapid development process of the New Territories and other rural areas. There is, thus, an urgent need to set up priorities for the preservation of different habitats based on:
(a) The extent of genetic diversity of these habitats;
(b) The value of these habitats;
(c) The significance of the existing species; and
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1076
(d) The possible potential of these habitats as valuable niches, for after all no one will ever know that perhaps in the days to come some of these may prove useful in the treatment of currently untreatable diseases.
Mr Deputy President, to achieve "sustainable development", it would be irresponsible for this generation to utilize all the natural resources that this planet can provide. Data show that at the current rate of energy consumption there will only be enough coal for the next two centuries and oil for the next 50 years. Furthermore over-utilization of our standard fuels is the major culprit of environmental pollution.
The common source of air pollution in Hong Kong stems from factories, motor vehicles and our electricity plants — all from the burning of standard fuels — fuels from fossils. The drive to use more natural energy such as solar energy, wind energy and so on is hampered to a certain extent by the fact that, for example, "electricity" which is the major source of energy is franchised to two companies for production, and these two companies utilize fossil fuels. It is imperative therefore that whilst reviewing their franchises in the future, the issue of utilization of other fuels ought to be considered as a criteria. Alternatively, franchises should be open up and competitions should be allowed for other organizations to come up with ways to use these natural energy sources.
All these call for a comprehensive energy policy without delay and this should encompass:
(I) Decrease pollution;
(II) Stimulate the production and the utilization of alternative fuels such as from renewable sources; and
(III) Encourage decreases in energy wastage and energy consumption. And all these could be achieved through:
(1) Encouraging productivity research and energy conservation programmes through suitable pricing, tax incentives and subsidies;
(2) Introduction of energy saving guidelines in town planning;
(3) Possible legislation enacted towards energy conservation in building works and the introduction of energy audits in building designs; and
(4) Penalties for "energy wastes".
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1077
Mr Deputy President, the Environmental Protection Department was established in 1986. Since then it has been entrusted mainly with sewage disposal projects and to a certain extent other anti-pollution programmes. Frightfully little on "sustainable development" has been touched upon. In essence, it is thus a misnomer. In the absence, Mr Deputy President, of a comprehensive environmental protection policy and programme, simply calling the Government to review its priorities in this area without at the same time giving it the necessary guidelines will not go too far. I therefore appeal to honourable colleagues to support my amended motion, so as to call upon the Government to adopt the two international conventions of the Earth Summit as Hong Kong's guidelines.
Question on the amendment proposed.
MR HUI YIN-FAT (in Cantonese): Mr Deputy President, high indeed is the price exacted by prosperity. Over the past 20 to 30 years, the people of Hong Kong, with their dauntless spirit and high morale, have built a materially affluent community despite the territory's lack of natural resources. Regrettably, thanks to the relevant short-sighted policy of the colonial government, we are now facing nasty pollution problems and are paying a heavy environmental price.
True, since publishing the white paper "Pollution in Hong Kong — A Time to Act" several years ago, the Government has enacted legislation and adopted policies for the more effective control of noise and the more effective treatment of sewage and solid waste. However, at best, this has only arrested environmental deterioration. It is still a far cry from environmental protection in the positive sense of the term. For instance, to this day, the Government still has not put forth comprehensive measures for encouraging industrial operators and members of the public to reduce the consumption of natural resources and recycle resources or use substitute materials that are environmentally friendly.
In the fight against pollution and waste, as in a social campaign, success does not depend on legislation alone. The most critical question is whether the Government can mobilize the entire community to support the campaign and to actively take part in it. Unfortunately, the least satisfactory aspect of the Government's efforts so far has been the heightening of the public's environmental awareness through environmental education at all levels. And there is much room for improvement.
To spread environmental protection knowledge, one must not rely solely on the Announcements of Public Interest (APIs) and the variety shows, organized several times a year, that have more entertaining value than environmentally instructive meaning. In my opinion, the more effective approaches are mainly the three ways as follows:
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1078
(1) Promoting environmental education in school. Environmental protection, while now being taught in some secondary schools, is merely an optional subject for those students who wish to take the Advanced Supplementary Examination. This is clearly not enough. I think that environmental protection should be made a compulsory subject in all schools up to Form V level. Then, all students will have been exposed to 11 years of environmental education by the time they leave secondary school or attend the matriculation class. To meet an expected sharp increase in demand for qualified teachers, the Government should, on top of encouraging all tertiary institutions to offer degree courses in environmental protection, provide training courses for serving teachers.
Over the long term, teaching the younger generation will provide the basic solution for the problem. Over the short term, as primary and secondary school students' environmental awareness become generally enhanced, they may be able in turn to influence their parents to a certain extent, causing them to change their lifestyle and higher their environmental awareness. A healthy social trend will thus be formed. This will greatly help to promote the environmental movement.
(2) Enable voluntary professional groups to play more effective roles in promoting environmental causes and in supervising the Government's efforts in the environmental area. Voluntary groups equipped with professional anti-pollution know-how in Hong Kong are not great in number. Still, they have been ahead of the Government in promoting environmental causes. The more accomplished among them are the Conservancy Association and the Friends of the Earth. They have volunteers with expertise and a wealth of experience. The groups regularly send representatives to foreign countries to exchange experience. Unfortunately, their financial resources are limited and this has been a hindrance to their development.
I therefore suggest that the Government, by giving direct or indirect funding support to such groups, make full use of them as a force for promoting environmental causes among members of the public. I am sure that, in due course, the general public will become much more environmentally aware as a result of the groups' participation in the promotional drive.
(3) In order to conduct environmental education at the grassroots and win more broadly based support, the Government should strengthen the roles of voluntary social welfare agencies in the promotion drive. As everybody knows, the social services agencies have maintained the most widely and closely contact with the grassroots. Experience shows that these agencies have made a lot of
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1079
contributions to the furtherance of various public education goals, such as family planning, family life, respect for the old, care for the young, mutual assistance among neighbours, establishment of community groups, civic education and voter's rights. I believe that, if the Government sets up an environmental protection fund to provide resources, the social services agencies will be glad to meet the new challenge.
Mr Deputy President, I am in favour of the Government's investing the necessary resources in the various environmental projects. Still, as the saying goes, "The environment is everybody's business", so I think that the best fundamental solution, after all, is to begin with the promotion of environmental education and the fostering of good social habits. Only thus will it be possible for the carefully planned environmental projects to achieve long-lasting effects. Only thus will Hong Kong cease to be an accomplice in the destruction of the earth's resources.
Mr Deputy President, with these remarks, I support the motion.
DEPUTY PRESIDENT: Mr Howard YOUNG, I believe you want to speak out of turn because of other commitments.
MR HOWARD YOUNG: Yes, Mr Deputy President, I am most grateful for your and other Members' indulgence, as I need to officiate at a ceremony in Kowloon at five and I cannot get back before six when this debate will have ended.
Recently, Honourable Members have frequently referred to myth, fairy tales and fables. I would also like to tell a story. This story happens in the future. In a certain primary classroom in the future the teacher was describing a very beautiful place to the students. He said that in that place the sky was blue, the clouds were white, the grass was green but would turn into yellow in autumn and winter. He said there were colourful flowers and trees with greeny leaves. The children were mystified but extremely curious of the whereabouts of this beautiful place. Then the teacher showed them a slide show called "The Changed Face of the Earth" and circulated some specimens of flowers, grass and leaves for them to see. It was because man had not protected their environment and saved resources and reduced pollution. The sky had turned grey and smoggy and all the vegetation and wildlife had vanished. People could only learn about the past beauty of the earth from history books.
Mr Deputy President, I do not intend to air threatening messages. I only want to point out one hard fact. If we do not take action to protect the battered earth from now on, our next generation might not be able to enjoy the beauty they deserve to enjoy. Our memory of the devastating and life consuming May torrent is still fresh. And the first five months of 1992 were the wettest in a
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1080
century in Hong Kong. This sort of phenomenon has aroused the concern of international environmental scientists. They suspect that bizarre global weather change is the accumulated result of the notorious greenhouse effect. Hong Kong is not ranked on the international environmental performance list but according to the three fundamental indicators — population control, forest protection and pollution monitoring — Hong Kong does not have a good report on the last two.
I fear the coming generations would have to face unimaginable results. Because of this, I am more convinced of the importance of prompt environmental action from this day. Environmental protection is also important to tourism. Tourists find a place attractive only if it is pleasant, clean and lively. Our city is prestigiously named Fragrant Harbour. We also have a beautiful countryside with species that are nearing extinction. We should treasure these priceless assets. Some people might query that tourism is not environmentally friendly because tourists may create pollution and give rise to land use plans that affect the natural habitats. But on the contrary, tourism people are very environmentally conscious. A world travel and tourism environment research centre has been established to study schemes where tourism can contribute to the environment. In recent years, green travel has become a very popular trend. Many people cease to choose well developed cities as their destination. Rather they prefer sites of wild nature. Those tourists who have learned the significance of a balanced nature to all species will surely enhance environmental awareness.
Some people might also view that environmental protection is in conflict with economic growth because economics stresses expansion whereas environmental protection believes in saving. In my view there is not the least incompatibility between the two. In the June Rio Earth Summit representatives from all around the world have reached a common consensus that economic growth should be based on sustainable development. This concept of sustainable development does not mean zero growth. It only means that expansion should match the true needs of our lives. Extravagance should be avoided and growth should not exceed the total reserves of the earth. In the summit was also signed a biodiversity treaty in the conviction that all species — plants, animals and humans — should enjoy the right to survive and to propagate and the eco-system should be respected and protected.
Hong Kong should also show its commitment to strive for a greener globe and observe the four Rs concept: recycle, reuse, reduce and replace. The Government ought to take the lead in its policies such as paying attention to the country park areas when writing its land use plans, providing environmental technology support and information to Hong Kong commerce and industry, tightening legislation on air and water pollution and separation of waste and all other feasible projects. Hong Kong business and industry can play a part in this move by making their offices more environmentally friendly by setting up environmental action groups in every corporation. They can explore the opportunities for resource saving and pollution elimination and write up a set of environmental guidelines inside the companies. Housewives and home helpers
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1081
can contribute in homes by giving up using earth harming detergents. In fact the Government should send a clear and strong message that environmental protection causes no trouble and is not costly at all. On the contrary, by saving and utilizing resources it can help cut out expenditures.
It is very important to educate the public about environmental protection, especially the children. Children have an open and receptive mind to new concepts and they still retain a natural and harmonious relationship with animals and plants. If we begin to introduce their minds to environmental protection this day on, they will pass these beliefs on to their own children in the future and the idea will live, generation and generation after, and will become part of our people's lives. Another R principle, rebirth, should be added to make up to 5 Rs which will revitalize our long wearied earth to its former beauty.
Mr Deputy President, I am aware of the new television promotion on environmental protection. In the extract at the end a lovely child's voice asks us whether we can give a better ending to the story of the sickly earth. I think our vote and voices today and the Government's action is the best answer we can give this child and our very own Chairman. Mr Deputy President, I support Mr Peter WONG's motion as amended.
MR DAVID LI: Mr Deputy President, traditionally, Hong Kong has allowed market forces free reign to provide the best and most cost effective solutions — solutions that were created in a free market that maximizes the advantages of competition.
I believe that this same principle should be applied to environmental conservation. As Hong Kong has demonstrated, particularly in the financial sector, the carrot and the stick can be offered and applied in a way that benefits not only the general public, but industry as well.
But many of Hong Kong's present policies do not reward those who are careful with resources. In fact, they do exactly the opposite.
Consider the means by which the power companies are rewarded. They earn a return on fixed assets, or on capital employed. This does not encourage our power companies to promote conservation because they are rewarded when they invest to meet increased demand. This supply driven investment simply equals more profits.
Hong Kong needs to turn from this supply-led approach to a demand side management approach. Demand side management would provide Hong Kong with the energy it needs at the lowest economic and environmental cost. It would "produce" power by saving electricity.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1082
Obviously it is cheaper to save electricity than to build more power plants. No matter how well designed, power plants damage our environment. But it is not so obvious that, for the power companies, there is no reward for saving energy.
The Government needs to examine all its policies, all its existing legislation and agreements, to see which, no matter how well intentioned, are as mistakenly applied as the one governing the power companies' income.
If the Government made the power companies' compensation dependent on conservation, we would soon see a comprehensive programme that would include the introduction of energy saving equipment, the promotion of efficient residential and commercial lighting, and the efficient testing for appliances.
Such programmes can be very effective. For example, a typical office building would save 30% of the energy now used for lighting if modern energy saving ballasts were installed.
Initially there would be some costs, as consumers modified existing equipment. But in the long term, those costs would represent not only an investment in our environment and quality of life, but a demand side management investment that reduces costs, producing savings.
Under demand side management, those savings can be made more attractive to consumers. In the United States of America, energy efficient consumers are given rebates, fuelling further conservation. Under such a system, both consumers and suppliers are rewarded.
Rewarding both consumers and suppliers has a positive chain reaction — it creates double the demand for environmentally friendly products. If both the user who pays to light an office, and the supplier who powers the lights, were rewarded for saving electricity, the demand for electricity efficient buildings would rise dramatically.
It is interesting to note that while Hong Kong's building code does make some provisions for pollution, its attempts to deal with efficiency are totally inadequate. Where there is no demand, there will be no supply.
There are many advantages to demand side management. In the example I have used, money has been saved on building power plants. Energy has been saved through increased efficiencies, and on the fuel used to create electricity. Consumer education has not only resulted in reduced consumption, but has reduced pollution emissions from existing power plants, not to mention those which we suddenly find are no longer necessary.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1083
Demand side management also offers another considerable advantage. It offers us the opportunity to search for new solutions, and as we innovate, to create products and services which can then be marketed not only to China, but to regional and international consumers.
Pollution control and conservation offer tremendous opportunities for business. Hong Kong, now an example of environmental degradation, could become a centre for eco friendly expertise.
But without pollution control and conservation, Hong Kong's enviable position as an international business centre will be eroded by our declining quality of life. Water, air and noise pollution must be attacked vigorously. But they are best attacked by market forces.
The Governor should be commended for the commitment to the environment made in his policy address. It is particularly admirable to see this commitment made real by the prompt government action demonstrated by the Water Pollution Control (Amendment) Bill.
Through demand side management, the Government could not only continue this essential approach, but would encourage conservation as an important service industry.
I beg to move in support of the revised amendment proposed by Dr the Honourable LEONG Che-hung.
MRS PEGGY LAM (in Cantonese): Mr Deputy President, Hong Kong's fast economic development and sustained population growth in recent years have left serious pollution problems in their wake. This is an indisputable fact. Since publishing its anti-pollution white paper in 1989, the Government has set up the Planning, Environment and Lands Branch as well as the Drainage Services Department and the Planning Department. In addition, it has enacted many ordinances for controlling air and water quality, for controlling noise and for treating solid wastes and has developed several new landfills. Still, environmental pollution has remained very serious to this day. A moment ago, many colleagues in this Council have made comments on, among others, an environmental policy, the United Nations-sponsored Earth Summit in Brazil and how conservation might be effected. Their comments are very important for our environmental protection drive. I will not repeat them.
I would like today to focus on one environmental matter that has never received much attention, namely, the separation of waste. Waste separation is something that can be done by the Government and the public together at not much cost in terms of taxpayers' money. As the world progresses, modern societies are materially enriched but a lot of waste is also created. Much of the waste is recyclable or can be reused. Regrettably, the Government has never given any thought to this matter or made available any facilities in this respect.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1084
In fact, the governments of many countries in Europe, America and Southeast Asia have all along been providing facilities for waste separation. In many countries, citizens are urged, for environmental reasons, to separate their garbage before disposing of it. Hong Kong's population of close to six million produces nearly 30 000 tonnes of solid or semi-solid waste each day. Much of the enormous waste can be recycled and reused. Regrettably, the Government's focus has been on industrial, construction and chemical wastes. It has not been paying much attention to paper, plastic bottles and aluminium cans in ordinary household waste. The Government has provided no proper facilities for the separation of garbage; nor is it teaching citizens how to separate their garbage before disposing of it. Still less is it encouraging local industrialists to invest in the recycling business. I remember that I asked this question several years ago: Will the Government encourage the industrial sector to develop recycled paper factories by granting land particularly for this purpose? The Government responded that it would not encourage the establishment of recycled paper factories because such factories would consume a great deal of water. A negative response like this of course did not suffice to induce the industiral sector to invest in such a line of business. As a result, recycled paper is relatively expensive and, though long promoted in Hong Kong, is not well received by the people and thus enjoys no competitive edge. I believe that only a few institutions can afford to use recycled paper, which is more expensive. Many companies do not voluntarily use recycled paper and are not enthusiastic about using it. It must not be forgotten that, by using recycled paper, we can save many trees and preserve our lovely natural environment.
Ever since its founding, the Environmental Campaign Committee has been promotion the slogan: "recycle, reuse, reduce". Last year's Environmental Protection Festival had the special support of sponsors from the business community. They donated more than 300 big rubbish bins. And these rubbish bins were placed in public housing estates to collect waste paper. The people there could put old newspapers and other kinds of waste paper into them. Waste collection merchants could come to collect and deliver them to the recycled paper factories. The basic idea behind this was to encourage the Government to follow suit so that the Government would install waste paper collection facilities at various housing estates, public places and refuse collection points to achieve the purpose of waste separation. Unfortunately, the Government has not shown any noticeable response. This is indeed disappointing.
This year, the Environmental Campaign Committee made a prototype plastic bottle crusher. Consumers can take empty plastic bottles of everyday soft drinks to the crusher. The crushed bottles will then be delivered to a recycled plastics factory. I hope that Hong Kong's soft drink manufacturers will produce more plastic bottle crushers and recycle the collected plastic bottles. This may add to their operating cost. But I hope that, by doing so, they will not be accused of being polluting the environment.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1085
With regard to "reduce", there are Sunday fairs in many parts in the world. People can bring their unwanted things there and exchange them for the things that they need. Many people have things that they do not want but that are useful to others. Anything that can find a user should not be discarded. The Environmental Campaign Committee recently sponsored such a fair. It proved very popular. Many people urge us to hold the activity on a regular basis. Regrettably, this cannot be easily done. Today, I call on the Government to expedite the study and implementation of a policy waste separation.
Finally, I agree with the slogan of the Conservancy Association: "Environmental protection cannot brook one moment's delay; environmental protection will benefit future generations." But I personally think that the most important thing is: "Environmental protection begins with me."
Mr Deputy President, with these remarks, I support the motion of Mr Peter WONG's motion and Dr LEONG Che-hung's amendment motion.
MR JIMMY McGREGOR: Mr Deputy President, environmental conservation is a very large and inclusive subject. It is difficult to do more in seven minutes than simply touch upon some of the more important aspects and particularly on the course of action that the Government and the community should take in future. I have to say that although I have been a member of the Environmental Panel of the Legislative Council for more than four years, I do not consider myself more than an interested amateur, very much dependent upon the professional knowledge of others. In this respect I should advise the Council that what I have to say today has been culled from policy and procedural papers issued by the Hong Kong General Chamber of Commerce Environment Committee led very ably by Mr Guy CLAYTON and the Hong Kong Democratic Foundation. Both these organizations have taken a deep interest in environmental protection and conservation policy.
In making a series of points I do not wish to bash the Government for any lack of interest, organization or funding. I know very well that priorities have had to be established over a long period of time and that those in the earlier days had to include economic objectives often at the expense of environmental consideration. Only in the last decade or so has the Government had the wherewithal to begin the long climb out of environmental damage and degradation towards a brighter ecological and environmental future. So I may be one of the few who recognizes the substantive, substantial and constructive work done during the last 10 years to improve the situation, despite occasional considerable opposition from elements of our society who should really know better. Mr Peter WONG knows, no doubt, more than most that when protection of the environment means less profit or higher expenditure many in Hong Kong will say, "Not me, let someone else pay".
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1086
Let me now be specific. The Government should set up an organization, probably as a department or branch of the Government, dedicated to the protection of the environment within a clearly defined conservation policy. The EPD should be a central element of the new organization and should have legislative authority and executive responsibility to ensure compliance with conservation policy and stated environmental objectives. Environmental policy should therefore be removed from the responsibilities given to the Secretary for Planning, Environment and Lands. There is much that can be incompatible between infrastructural development and environmental protection. Again this could involve hard choices on priorities. Better to let a branch of equal status argue for conservation against the demands of the developer.
It is time there was a further study of this important issue. The 1989 White Paper on the environment dealt mainly with pollution abatement and crisis issues. We have come a long way since then and much has changed. There is a need to think again about long-term policy on issues such as waste management, waste reduction, broad conservation policy, protective legislation and better control over the use of our natural environment. The Government should prepare a Green Paper on this most important subject during the next 12 months or so for public consideration and comment. This paper should also look at Hong Kong's commitment to sustainable development both in Hong Kong and in regard to our much wider global responsibilities.
The use of CFCs and other destructive chemical compounds and also our hard wood consumption which is helping to deplete the region's rain forest are two examples of Hong Kong's contribution to damage to the regional and global environment. We are not isolated from other countries and we cannot look at conservation and environment protection in our own selfish interests. We have a much wider duty. We must continue to introduce legislation to provide the authority to protect our environment to the standards we must increasingly establish. It is disgraceful, for example, that huge areas of the New Territories, formerly beautiful and productive agricultural land, now look like and are dumps for every kind of scrap. It is unforgivable that we have not had the guts to progressively eliminate container storage from agricultural land in the New Territories. Instead we are just spoiling our environment massively and for short-term economic gain. So much for conservation.
What do our tourists think of the 50 million or so square feet of rural land covered with stacked containers? What do they think of the smell they encounter when they first land at Kai Tak? And what do they think of our fabled harbour when they take the Star Ferry across it? We are really a filthy community by most civilized standards. It has long been clear that only with direct government involvement can our future environment be restored and then protected. People will not do the job for the Government, indeed they cannot do so and the Government must therefore be responsible for policy, procedures, legislation, enforcement and promotion. This can only be achieved with centralized responsibility and control. Hence a conservation branch of the Government.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1087
Waste collection should be privatized. This is more efficient and cost effective. There should be on the spot fines for vehicles which pollute our atmosphere. Higher standards of emission should be established. There should be adequate charges for dumping at landfills and severe penalties for those who dump illegally on land and in the sea. Conservation and environmental protection should be a required subject in all schools. The Government must promote environmental awareness. The private sector will certainly support.
Hong Kong must co-operate fully with the Chinese environmental authorities. The reason is obvious. The incinerators in Kennedy Town and Cheung Sha Wan should be decommissioned as soon as possible. Power stations should be subject to high standards of pollution control and, where possible, encouraged to use natural gas. High standards of building thermal efficiency should be introduced following similar standards in other countries. Industrial emissions and effluents should be strictly controlled and in planning there should be full segregation of industrial from residential areas. The Government should implement the full sewerage strategy as soon as possible, including the 30-kilometre outfall into the South China Sea. Marine dumping must be more firmly controlled and additional water control hazards speedily introduced.
Conservation means more than the reduction of pollution. It is aimed at preserving and in some cases restoring Hong Kong's natural quality of life. We have reached economic maturity and we have a good sense of social responsibility. It is now up to us to develop our feeling of identity with our environment and conserve this for the benefit of future generations.
Mr Deputy President, I support the amended motion.
REV FUNG CHI-WOOD (in Cantonese): Mr Deputy President, the Environmental Protection Department and other departments are already working very hard to deal with Hong Kong's many environmental problems. They are also promoting many environmental protection measures. Still, I feel that there are many deficiencies in the Government's environmental efforts. From some recent incidents, we can see that the Government is still not paying enough attention to the protection of our environment.
The first incident happened in August this year in the West Kowloon Reclamation Project. On 11 August this year, the project progressed to the point where Stonecutters Island and West Kowloon were joined together. Polluted water in the area, which could not go out with the tides, began to build up. The result was the death of a large number of fish near Stonecutters Island on 21 August. A short 10-day delay in the works could have averted such an environmental disaster. It came to our knowledge that officials of the Territory Development Department stubbornly would not change their minds despite the strong objections raised by the Environmental Protection Department. They went ahead with the works. This incident shows how little consideration the Government has shown to the environmental factors.
HONG KONG LEGISLATIVE COUNCIL — 2 December 1992 1088
The second incident has to do with the development of the strategic land fill site in the southeast New Territories. The country park authority had not invited public comments before it approved a plan to "advance" 18 hectares of Clear Water Bay Country Park land to the landfill project. We were told that it was the intention of the country park authority and the Environmental Protection Department to restore this 18 hectares of land to country park use after the landfill site was closed at some later date. But this is impossible. The two government departments in question simply know nothing at all about the definition of country park land. How can a landfill be regarded as a country park? Even if trees are planted on the landfill at some later date, it will never be a "natural" country park. It will only be a man-made, artificial park. What is more, there will be garbage buried underground in the area, and, as the garbage decomposes, it is bound to generate highly polluting seepage and marsh gas. How can it be called a "country park"? This is indeed disappointing!
The third incident is the Government's recent introduction of sludge disposal points. At the Finance Committee meetings, government officials gave Legislative Councillors nothing more than their word that the project would not cause environmental problems. Yet the Government had not made any study or environmental impact assessment in advance! I feel greatly disappointed. This is a large project. We are talking about massively dumping sludge into the sea, not ordinary sand and mud. Why was there not even a simple environmental impact assessment? The way the Environmental Protection Department handled this matter is disappointing. The Finance Committee now will not appropriate the fund. It is hoped that the Environmental Protection Department will take timely remedial actions. Not so long ago, in his policy address delivered in October, the Governor declared that environmental impact assessments would be made in respect of all major projects. These words are still fresh in one's memory. Why is the Environmental Protection Department refusing to make an environmental impact assessment in respect of the project in question?
The fourth incident was Environmental Protection Department's announcement on 1 October 1992 of the rule that no landfill would accept dumpings with inertial materials exceeding 20% of the content. This rule is responsive to the fact that Hong Kong's construction waste is taking up a lot of space at the landfill. Legislative Councillors are very concerned that valuable space at the landfill points would be taken up by such waste. Regrettably, the Environmental Protection Department has not been able to take strong action to enforce this rule. On 1 October, as drivers of trucks which carry construction waste blocked the Tseung Kwan O landfill with their vehicles, the Environmental Protection Department backed down and abrogated the rule in question. On one side, building contractors would not like to separate construction waste at the construction sites. The Environmental Protection Department, on the other side, thought that this would be easy to do. At their 26 November meeting, the Environmental Protection Department and the building contractors still did not reach any agreement. I feel greatly disappointed. The Environmental Protection Department gave the building contractors one month's notice of the rule. At the time, the latter did not object.