HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 4231 OFFICIAL RECORD OF PROCEEDINGS
Wednesday, 7 June 1995
The Council met at half-past Two o'clock
PRESENT
THE PRESIDENT
THE HONOURABLE SIR JOHN SWAINE, C.B.E., LL.D., Q.C., J.P.
THE CHIEF SECRETARY
THE HONOURABLE MICHAEL LEUNG MAN-KIN, C.B.E., J.P.
THE FINANCIAL SECRETARY
THE HONOURABLE CHAU TAK-HAY, 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 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 NGAI SHIU-KIT, O.B.E., J.P.
THE HONOURABLE PANG CHUN-HOI, M.B.E.
THE HONOURABLE SZETO WAH
THE HONOURABLE TAM YIU-CHUNG
THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P.
THE HONOURABLE LAU WONG-FAT, O.B.E., J.P.
THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P.
THE HONOURABLE RONALD JOSEPH ARCULLI, O.B.E., J.P.
4232 HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. THE HONOURABLE MRS PEGGY LAM, O.B.E., J.P. THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P. THE HONOURABLE LAU WAH-SUM, O.B.E., J.P.
DR THE HONOURABLE LEONG CHE-HUNG, O.B.E., J.P. THE HONOURABLE JAMES DAVID McGREGOR, O.B.E., I.S.O., J.P. THE HONOURABLE MRS ELSIE TU, C.B.E.
THE HONOURABLE PETER WONG HONG-YUEN, O.B.E., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP
THE HONOURABLE VINCENT CHENG HOI-CHUEN, O.B.E., J.P. THE HONOURABLE MOSES CHENG MO-CHI
THE HONOURABLE MARVIN CHEUNG KIN-TUNG, O.B.E., 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, O.B.E., J.P. DR THE HONOURABLE LAM KUI-CHUN
DR THE HONOURABLE CONRAD LAM KUI-SHING, J.P. THE HONOURABLE EMILY LAU WAI-HING
THE HONOURABLE LEE WING-TAT
HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 4233 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 YEUNG SUM
THE HONOURABLE HOWARD YOUNG, J.P.
THE HONOURABLE ZACHARY WONG WAI-YIN
DR THE HONOURABLE TANG SIU-TONG, J.P.
THE HONOURABLE CHRISTINE LOH KUNG-WAI
THE HONOURABLE ROGER LUK KOON-HOO
THE HONOURABLE ANNA WU HUNG-YUK
THE HONOURABLE JAMES TIEN PEI-CHUN, O.B.E., J.P.
THE HONOURABLE ALFRED TSO SHIU-WAI
THE HONOURABLE LEE CHEUK-YAN
ABSENT
DR THE HONOURABLE DAVID LI KWOK-PO, O.B.E., LL.D., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG
4234 HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 IN ATTENDANCE
MR MICHAEL SUEN MING-YEUNG, C.B.E., J.P.
SECRETARY FOR HOME AFFAIRS
MR RONALD JAMES BLAKE, J.P.
SECRETARY FOR WORKS
THE HONOURABLE MICHAEL SZE CHO-CHEUNG, I.S.O., J.P. SECRETARY FOR THE CIVIL SERVICE
MR HAIDER HATIM TYEBJEE BARMA, I.S.O., J.P. SECRETARY FOR TRANSPORT
MR GORDON SIU KWING-CHUE, J.P.
SECRETARY FOR ECONOMIC SERVICES
MR NICHOLAS NG WING-FUI, J.P.
SECRETARY FOR CONSTITUTIONAL AFFAIRS
MR MICHAEL DAVID CARTLAND, J.P.
SECRETARY FOR FINANCIAL SERVICES
MRS KATHERINE FOK LO SHIU-CHING, O.B.E., J.P. SECRETARY FOR HEALTH AND WELFARE
MR PETER LAI HING-LING, J.P.
SECRETARY FOR SECURITY
MR BOWEN LEUNG PO-WING, J.P.
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS
MR KWONG KI-CHI, J.P.
SECRETARY FOR THE TREASURY
MISS JACQUELINE ANN WILLIS, J.P.
SECRETARY FOR EDUCATION AND MANPOWER
MR FRED TING FOOK-CHEUNG
SECRETARY FOR RECREATION AND CULTURE
THE CLERK TO THE LEGISLATIVE COUNCIL
MR RICKY FUNG CHOI-CHEUNG
THE DEPUTY SECRETARY GENERAL
MR LAW KAM-SANG
HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 4235 PAPERS
The following papers were laid on the table pursuant to Standing Order 14(2): Subject
Subsidiary Legislation L.N. No. Immigration (Amendment) (No.2) Regulation 1995 .............................. 217/95
Boundary and Election Commission (Electoral
Procedure) (Functional Constituencies and
Election Committee Constituency) Regulation ........................... 220/95
Boundary and Election Commission (Electoral
Procedure) (Geographical Constituencies)
(Amendment) Regulation 1995 ................................................... 221/95
Official Languages (Alteration of Text)
(Pawnbrokers Ordinance) Order 1995......................................... 222/95
Rules of the Supreme Court (Amendment) (No.3)
Rules 1995 .................................................................................. 223/95
Employees Retraining Ordinance (Amendment of
Schedule 2) Notice 1995 ............................................................. 224/95
Official Languages (Authentic Chinese Text)
(Urban Council Ordinance) Order............................................... (C)41/95
Official Languages (Authentic Chinese Text)
(Hong Kong Tourist Association
Ordinance) Order ........................................................................ (C)42/95
Sessional Papers 1994-95
No.94 — Director of Social Welfare Incorporated
Statement of Accounts for the Year Ended
31 March 1994
No.95 — Report of the Independent Police
Complaints Council 1994
No.96 — Regional Council Revised Estimates of
Expenditure 1994-95
4236 HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 MISCELLANEOUS
White Paper on Rehabilitation, Equal Opportunities and Full Participation: A Better Tomorrow for All and its Executive Summary
AFFIRMATION
Mr CHAU Tak-hay made the Legislative Council Affirmation.
ADDRESSES
Report of the Independent Police Complaints Council 1994
MR ANDREW WONG: Mr President, on behalf of the Independent Police Complaints Council (IPCC), may I present the IPCC's Annual Report for 1994.
The IPCC, formerly known as the Police Complaints Committee (PCC), is an independent body appointed by the Governor to monitor and review the investigation of complaints made by the public against the police. Whilst the physical investigation work is carried out by the Complaints Against Police Office (CAPO) of the Royal Hong Kong Police Force, the results of the investigations, together with all the relevant CAPO files and documents, are examined in depth by the Council, which is supported by a full-time secretariat. A case will not be finalized until the IPCC has endorsed its investigation results. In the examination of investigation reports, the IPCC ensures its best that fairness is applied to both the complainants and the complainees.
During the year under report, the IPCC reviewed and endorsed a total of 2997 complaint cases involving 4148 allegations. Of these, assault, over-bearing manner/impoliteness and neglect of duty made up the bulk of the complaints, representing 81.9% of the total number. As in previous years, assault cases still topped the list, constituting some 44% of all the cases. Of the 4148 allegations endorsed, 569 were resolved by informal resolution. Of the remaining 3579 allegations, 105 were classified as "Substantiated" or "Substantiated other than Reported", 18 as "Not Proven", 613 as "Unsubstantiated"/"Curtailed", 52 as "False", 2704 as "Withdrawn/Not Pursuable" and 87 as "No Fault".
In the course of its deliberations, the IPCC often raised queries on the investigation reports compiled by CAPO. A total of 280 queries on 213 cases were raised in 1994, part of which led to the reclassification of 24 cases. Arising from the investigation results endorsed by the IPCC, criminal proceedings, disciplinary and other forms of internal action (including advice and warning) were taken against 174 police officers in 1994.
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So far, I have reported on the scrutiny of investigation reports by the IPCC and the attendant results. I shall now turn to some of the major issues dealt with by the IPCC in 1994, a summary of which is given in Chapter 1 of the Report, which is tabled today.
During 1994, the IPCC continued to foster a number of reforms. These included the retitling of the PCC to "IPCC" to reflect its independent role, making the IPCC a statutory body, the commencement of the Interviewing Witnesses Scheme to enable the IPCC to clarify matters directly with the witnesses and the launching of publicity programmes, including a logo design competition to enhance the transparency of the work of the IPCC. As at today, the IPCC has interviewed 10 witnesses against 13 invitees and considers the scheme very effective in clarifying doubtful points.
Alongside the reforms, a number of studies/reviews have also been conducted by the Council. Last year, when I presented the Council's 1993 Annual Report here, I mentioned about a study on withdrawn and not pursuable cases. In 1994, a supplementary study was carried out and the findings broadly validated inferences on the reasons for withdrawal or non-pursuability made during the main study. Recommendations arising from the two studies were conveyed to CAPO for consideration with a view to improving existing police procedures and practices. A review of subjudice procedures was also carried out in 1994, in collaboration with CAPO. These procedures, which have been introduced since 1992, are aimed at protecting the interests of defendants — complainants in that their lines of defence need not be revealed to the prosecution prior to their court trials. Consequent upon the review, some of the subjudice procedures were more clearly spelt out to remove anomalies.
In 1994, the IPCC started to collate background information on overseas police complaints systems. A Tripartite Working Group comprising representatives from the IPCC, CAPO and the Security Branch has just been formed for a comparative study, including visits to selected overseas jurisdictions. It is hoped that this study will throw light on possible improvements to the police complaints system in Hong Kong.
During the year, the IPCC advised on a CAPO's proposal to install CCTV facilities in interview and report rooms of CAPO Offices to enhance the transparency of compliants investigation work. The IPCC also supported a Police Courtesy Scheme to promote politeness and tactfulness in dealing with the public. The former proposal has already been implemented by CAPO, while the Police Courtesy Scheme is being actively pursued.
In short, Mr President, 1994 was a year of reforms for the IPCC. Before I end my presentation, on behalf of the IPCC, I would like to record our appreciation of the contribution given by four out-going members. They are Mr Linus CHEUNG Wing-lam, J.P.; Dr Natalis YUEN Chung-lau, J.P.; Mr AGARCIA, CBE, J.P., the former Commissioner for Administrative Complaints; and Mr A P DUCKETT, Q.C., the former Acting Solicitor General who
4238 HONG KONG LEGISLATIVE COUNCIL — 7 June 1995
represented the Attorney General on the IPCC. I would also like to thank the Commissioner of Police and his staff in CAPO for their co-operation during the year.
DR CONRAD LAM (in Cantonese): Mr President, the Honourable Andrew WONG has just mentioned the launching of public involvement programmes, including a logo design competition, to enhance the transparency of the Independent Police Complaints Council (IPCC). Will Mr WONG please clarify what exactly these so-called public involvement programmes are? How can these programmes, including the logo design competition, help enhance the transparency of IPCC? Is he referring to the enhancement of reputation or the transparency?
PRESIDENT: Yes, under Standing Order 14, I may allow short questions to be put to the Member making the address for the purpose of elucidating any matter raised by the Member in the course of his address.
MR ANDREW WONG: Mr President, I thank the Honourable Member who sits on the IPCC with me as Vice-chairman. I think what he referred to was the publicity programmes and I will provide him with a list of such programmes in writing after the meeting.
As for the general question of transparency, I think the important thing is that we aim at increasing our transparency day by day and at the next meeting perhaps the Honourable Member and myself might raise the issue of trying to make our meetings more transparent, although not open to members of the public because sensitive information about individual complainants and complainees could be revealed if meetings were opened to members of the public.
White Paper on Rehabilitation, Equal Opportunities and Full Participation: A Better Tomorrow for All and its Executive Summary
SECRETARY FOR HEALTH AND WELFARE: Mr President, tabled today is the White Paper on Rehabilitation entitled "Equal Opportunities and Full Participation: A Better Tomorrow for All". The White Paper is a comprehensive document which sets out our policy directions for the further development of rehabilitation services over the next decade and beyond. To make the White Paper more accessible to a wider audience, we are also publishing separately an Executive Summary.
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Since the publication of the Green paper on Rehabilitation in 1992, we have made significant progress in implementing its key recommendations. We are working hard to achieve in full the targets of providing over 7000 day and residential places for people with a disability by 1997. We are improving the accessibility of our public transport system. We are enhancing job opportunities for people with a disability. We are strengthening public education on integration. We have also reviewed the Mental Health Ordinance and have drawn up a package of proposed improvements to it and, last month, we also introduced the Disability Discrimination Bill into the Legislative Council. All these measures will help us to achieve our policy objectives of full participation and equal opportunities for people with a disability.
We aim to provide a full range of services for people with a disability of all ages:
(a) We have stepped up prevention, identification and assessment of disabilities so as to prevent impairments or to ensure that impairments do not degenerate into more limiting disabilities. For example, preventive measures have been put in place during pregnancy, infancy and childhood. Disabilities in children and adults are identified through various means including the Comprehensive Observation Scheme for all children from birth to the age of five and contacts with out-patients and emergency units of hospitals.
(b) After an abnormality is detected in a child, he or she is given a comprehensive assessment so that appropriate treatment can be given or referral for placement can be made. Adolescents and adults suffering from acquired disabilities through, for example, diseases, are treated and initially assessed in clinics and hospitals. Further assessment and rehabilitation services are provided to them after the acute phase of their illness or injury is over.
(c) We provide a comprehensive range of rehabilitation services to people with a disability in order to maximize their physical, mental and social capabilities to the fullest extent possible. These services include early education and training; education; medical rehabilitation; employment and vocational rehabilitation; and access and transport.
We are spending $7.4 billion in 1995-96 on rehabilitation services, representing an increase of 18% over last year. We have further secured $596 million to improve rehabilitation services between 1995 and 1998 in line with the provisions of the White Paper. The services involved cover social, vocational, and medical rehabilitation, special education, transport and public education. Certain policy decisions in this White Paper can be implemented through better co-ordination among service providers or by re-targeting existing resources, without incurring additional expenditure. As regards those
4240 HONG KONG LEGISLATIVE COUNCIL — 7 June 1995
improvement measures where funds have not yet been secured, for example, the projected requirement for social rehabilitation services arising from the adoption of a new demand formula, we will bid for the necessary funds in the annual Resource Allocation Exercise and implement them as resources permit.
The significant progress which has been made since the publication of the Green Paper and the successful completion of the White Paper are due largely to the tireless efforts of a wide range of people dedicated to the goal of integrating people with a disability into our community. I would like to take this opportunity to record today my sincere gratitude to the Working Party on Rehabilitation Policies and Services and its three subcommittees for their hard work, the Rehabilitation Development Co-ordinating Committee for its invaluable guidance and the Governor for his personal support for rehabilitation services.
We have set out clearly our way forward in the White Paper for the future development of rehabilitation services. I am confident that with the support of the community at large and the firm partnership between the non- governmental sector and the Government, we will achieve the goals of full participation and equal opportunities. We shall work together with people with a disability to build a better tomorrow for all.
ORAL ANSWERS TO QUESTIONS
Prohibiting Sale of Cigarettes to Young People
1. MR ALBERT CHAN asked (in Cantonese): Smoking among young people in the territory has become a serious problem, and many parents feel that there is nothing they can do to prevent their children from smoking. Many shops now unpack and sell the cigarettes on a piecemeal basis and their major sales targets are young students, including those from primary school. In view of this, will the Government inform this Council:
(a) when and how the Government will enforce the legislation prohibiting the selling of cigarettes to young people under the age of 18 years which was passed by this Council on 19 October last year but has not yet been brought into effect; and
(b) what specific plans it has to dissuade young people from smoking?
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SECRETARY FOR HEALTH AND WELFARE: Mr President, with effect from 28 April 1995, retailers have been prohibited from selling or giving for the purpose of promotion or advertisement, any tobacco product to a person under the age of 18. Offenders, under summary conviction, are liable to a maximum fine of $25,000. A sign must be displayed at the place of sale to remind retailers and purchasers alike of the law. Police officers on beat patrol together with other law enforcement agencies will look to see if retailers violate the law. Members of the public can also report contravention and should come forward as a witness after making their report. Their support and testimony is essential to the eventual conviction of offenders.
The Administration is also planning to introduce a further package of anti-smoking measures into this Council in December 1995. This will prohibit the sale of cigarettes in packages of less than 20 sticks or individually. It will also impose tighter controls on tobacco advertising, since a strong correlation has been found among school children between smoking and attractiveness of cigarette advertisements.
Smoking is a lifestyle choice and young people look to their seniors and parents when making their choice. The positive influence and sustained persuasion of the family members and teachers are a great influence to young people to make an informed choice of not to smoke. Only through the collaborative effort of different sectors of society can the problem of smoking amongst the young be addressed. To this end, the Administration, the Hong Kong Council on Smoking and Health and other voluntary agencies have dedicated much effort to promoting a smoke-free culture among the community. We will continue to monitor the smoking prevalence among young people and consider introducing further legislative and publicity measures as appropriate. Meanwhile, parents and adults generally can best set an example for young people by not smoking themselves.
MR ALBERT CHAN (in Cantonese): Mr President, I am pleased to learn that the Administration has already put into effect the legislation prohibiting retailers from selling cigarettes to young people under the age of 18. However, we still can see youngsters buying cigarettes everywhere. Some shops, in particular stores in public housing estates, even unpack the cigarettes so as to sell them individually. This is a very common practice. May I ask the Government what plans it has in order let to retailers know that the legislation has already come into effect so that they will not break the law again? Also, how many shops have been warned by the Government and are there any actual prosecution actions initiated since the legislation has become effective on 28 April?
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SECRETARY FOR HEALTH AND WELFARE: Mr President, I shall certainly alert the Police Force to the situation described by the Honourable Member of offenders in public housing estates selling cigarettes to young people under the age of 18.
As for statistics on warnings and other prosecution actions, I shall need to collect the statistics from the Police Force and provide a written reply. (Annex I) We must not forget that the law only came into effect on 28 April, so it is early days yet. But certainly I shall provide the statistics as requested.
DR HUANG CHEN-YA (in Cantonese): Mr President, the Government told us that in fact teachers can dissuade students from smoking. However, in its reply to my written question today, that is Question 17 about health education, the Government stated that primary and secondary students have not been taught not to smoke through a formal curriculum. I would like to ask the Government what methods will teachers use — whether phenomenal talents are employed as a means — to deter students from smoking? Will the Government undertake to introduce a formal compulsory curriculum for all students in order to teach them that smoking may cause diseases such as cancer, stroke, cardiac diseases and impotence?
PRESIDENT: Are you able to answer all of that, Secretary?
SECRETARY FOR HEALTH AND WELFARE: Mr President, I think we must rely on teachers to decide how best to inform and to influence the students in adopting healthy lifestyles and healthy habits. I think we should give maximum discretion to how teachers pass on these very important messages. But as an additional service that the Government is going to provide in September, we will provide a student health service in September which will initially cover all primary school children and will be extended to the secondary school sector in 1996. As an integral part of this health service, it will promote a healthy lifestyle. It will also attempt to identify school children who smoke and the underlying causes of why they smoke, so that individual counselling and health education can be provided where necessary, and the health status of these students will be followed up and monitored.
MR CHEUNG MAN-KWONG (in Cantonese): Mr President, statistics show that the number of smokers in the territory tends to drop but the number of smoking youngsters, quite on the contrary, soars and what is more, the age at which they take up smoking is found to be younger. It thus proves that the smoking problem among young people is serious and that they are easily influenced by their peer groups or advertisements. Can the Government inform this Council whether it will impose restrictions on tobacco companies in sponsoring recreational and sports events for young people as well as in organizing
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complimentary film shows and so on, so as to ensure that youngsters will not form a wrong conception that there is a positive correlation between smoking and recreational or sports activities, or that they will not take up the smoking habit simply because they want to see their idols?
SECRETARY FOR HEALTH AND WELFARE: Mr President, perhaps I should clarify some of the statistics which were quoted by the Honourable Member. According to the August-September 1993 General Household Survey, 4.2%, or 16000 persons aged 15 to 19 were smokers. This is a decline from 4.6%, or 20600 persons, compared with the July 1990 survey.
As for sponsorship of sports and other cultural events, the Government will need to take into account the community's wish for tighter controls over indirect advertising, which includes sponsorship of arts and sports events. Current views appear to be more concerned about ensuring that the arts and sports events continue to be provided rather than how they are funded. We will certainly be studying this problem in greater depth and come up with further measures to this Council later in the year.
DR CONRAD LAM (in Cantonese): Mr President, "undercover raids" are usually adopted by the police in taking actions against law offenders. In this regard, may I ask the Government whether it will send law enforcement officers to disguise as customers to patronize shops selling cigarettes illegally? If not, what are the reasons?
SECRETARY FOR HEALTH AND WELFARE: Mr President, if such measures are found to be necessary and subject to the availability of very scarce police resources, the Administration is prepared to organize such undercover raids or other offensive action against retailers who fail to comply with the law. But for maximum effect, this should be done in conjunction with other publicity events and also we need to look to family members and teachers for counselling of students. All these together would help in deterring young people from smoking.
Guidelines or Rules for Police Officers to Deal with Autistic Persons
2. DR YEUNG SUM asked (in Cantonese): Thank you, Mr President, my question is going to be rather long, so first of, all my apologies. I have received a complaint from a parent recently whose son suffers from autism and this boy was window shopping outside a well known hotel one day, but because he looked suspicious to the security guards, he was chased after by the security guards and out of fear he leapt out of a window to a podium and broke his right
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leg. A police officer called his family and asked the parent if his son was crazy. The police then dropped the case. Therefore, as the parent of the autistic person has lodged a complaint alleging that police officers have failed to fully consider that autistic persons have definite difficulties in expressing themselves when dealing with cases concerning autistic persons, will the Government inform this Council whether there are guidelines or rules governing the manner and attitude to be adopted by police officers when handling cases involving autistic persons; if so, what are the details; if not, why not?
SECRETARY FOR SECURITY: Mr President, there are no specific guidelines or rules on the manner and attitude to be adopted by police officers when handling cases involving autistic persons.
This is because, apart from persons with autism, whose numbers are estimated to be 5000 to 7000 in Hong Kong, there could be many other people with different types and degrees of physical or mental disability. It simply is not practicable for the police to draw up specific rules and guidelines to deal with each and every group of disabled persons.
However, the Police Force Procedures Manual has a section which deals with statement taking from mentally handicapped persons. There is a requirement that any person known or suspected to be mentally handicapped should only be interviewed or have a written statement recorded from him in the presence of his relative, guardian or other persons responsible for his care or for his custody or someone who has the experience of dealing with mentally handicapped persons, such as a social worker outside the Police Force.
Police officers are fully aware of the need to take into account the speical circumstances of all handicapped people when carrying out their duties. In response to a suggestion made at this Council's Working Group on Separate Legislation for Mentally Handicapped in 1993, the Social Welfare Department has been helping the police to develop and to refine the curriculum of the Police Traning School in order to improve the skills of police officers when dealing with a mentally handicapped person. Police officers are briefed on:
(a) the common circumstances under which they could come into contact with a handicapped person; and
(b) the steps they can take in identifying persons who are likely to be mentally handicapped, for example, by observing the appearance, gestures and behaviour of the individual, and by asking some simple questions.
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As 70% of autistic persons are estimated to have some degree of mental handicap, the procedure and training should help police officers to deal with them in the appropriate manner.
Finally, Mr President, I should just add that all police officers are under a duty to deal with all members of the public with courtesy and with care.
DR YEUNG SUM (in Cantonese): Mr President, many autistic persons are born with such a handicap, consequently their fate and dignity after birth are controlled by others. Through the request made by this Council, the police have now improved on their manner in handling cases involving disabled persons and that is praiseworthy. Given that the police have included the warp of dealing with disabled people in the curriculum of police training and in their operation instructions, can the Government extend the scope to further include the autistic persons? Although 70% of the autistic persons are found to be mentally handicapped, 30% of them have rather high intelligence with some of them being very smart. I would like to ask if the Government will review the case in this respect?
SECRETARY FOR SECURITY: Mr President, the training for police officers to help them identify a mentally handicapped person has only been introduced early this year. It is too early to say whether there is a need to further strengthen police training in this respect. The police will keep in view the progress of the training and any trend in the extent of encounters and any difficulties that might be encountered between police officers and autistic or mentally disabled persons before deciding further whether there is a need to fine tune the existing curriculum or to extend the training any further in consultation with the Social Welfare Department.
MR FRED LI (in Cantonese): Mr President, the Legislative Council's Working Group on Separate Legislation for the Mentally Handicapped is very grateful that the police have accepted its proposal to draw up guidelines for taking statements from the mentally handicapped persons. The problem now is that autistic persons are no different from normal people in their appearance, but they have great difficulties in communicating with other people. I would like to ask if the Secretary for Security can conduct a study in conjunction with the Commissioner for Rehabilitation shortly as to whether the police should similarly follow the guidelines for dealing with the mentally handicapped when they come in contact with the autistic persons, who are in case committing crimes, facing prosecution or standing as witnesses? Is it possible to set up a working group with the Commissioner for Rehabilitation to study this matter as soon as possible?
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SECRETARY FOR SECURITY: Mr President, the training I have just described is not to enable police officers to diagnose or to attempt to diagnose on the spot whether an individual is autistic or mentally handicapped, mentally ill or suffering from a specific type of mental disorder. The purpose is to help them to identify whether there are reasons to suspect that a person might suffer from some form of disability which requires the officer to handle that person carefully before approaching him or her and to seek early assistance from others such as social workers where necessary.
As most autistic persons display symptoms like poor language skills, inability to interact with others and repetitive behaviour, and so on, it should not be too difficult for police officers to identify them by observing their behaviour or by asking them some relevant questions. Where they do not display any of these symptoms and where they behave and answer questions like any normal person, it should be possible for police officers to deal with them in the same courteous and careful manner as they adopt in dealing with ordinary members of the public.
However, as I have already said, the additional training that has been adopted by the police in dealing with mentally handicapped persons has only been put in place for a very short time, certainly the Commissioner of Police would wish to keep it under very careful review and, if necessary, consider whether these training programmes could be extended in any way, including the possibility of including references as to how to deal with autistic persons.
DR HUANG CHEN-YA (in Cantonese): Mr President, last week I raised a problem on juvenile delinquency. At that time, I asked for the numbers of juvenile criminals who suffered from epilepsy, mental illness or mentally handicapped respectively. The
Government replied that there were no such statistics. This shows that the police have basically not carried out their duties according to those guidelines. Otherwise, they would have been able to make those statistics available. Therefore, I feel what the Secretary has said are merely official jargons. I want to ask the Secretary if he can promise this Council that he will conduct a study on juvenile delinquents to find out how many of them are in fact mentally handicapped, mentally ill, autistic or suffering from other illnesses so as to reduce the possibility of being treated unfairly?
PRESIDENT: Are you able to answer that question which is slightly outside the main question, Secretary?
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SECRETARY FOR SECURITY: I shall do my best, Mr President. First of all, let me just state that all the training that I have described has been put in place and all the procedures that I have described are in the Police Force Procedures Manual and they are required to be followed by all police officers.
As to the question of statistics, no, Mr President, we do not have very detailed statistics about young offenders as regards whether they suffer from different kinds of disabilities and so on and so forth. I am not persuaded as yet that the efforts and the resources that will need to be devoted to such an exercise is worth the benefit that it will bring. Although we do not have comprehensive statistics of that kind, the impression that I have obtained from my police force colleagues are that in very rare instances do they actually encounter autistic persons.
Breach of Electoral Legislation
3. MR ERIC LI asked (in Cantonese): The number of voters who are eligible to register in the nine new functional constituencies is about 2.7 million. Under the Boundary and Election Commission (Registration of Electors) (Functional Constituencies and Election Committee Constituency) Regulation, employers are required to furnish to the Registration and Electoral Office information about their employees within the prescribed time limit, failing which they are liable to a fine of $5,000. In this connection, will the Government inform this Council of the number of employers who have been convicted and fined because of a breach of the relevant provision of the above Regulation, and the effect that it has produced on the number of registered voters?
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, under the Boundary and Election Commission (Registration of Electors) (Functional Constituencies and Election Committee Constituency) Regulation, which was made by the independent Boundary and Election Commission (BEC) this January, the Registration Officer may require employers to provide the names and identity card numbers of working persons in their establishments within a specified period. Failure to comply with such a requirement is liable to a fine of up to $5,000.
The information so obtained is used to facilitate the registration of working persons in the nine new functional constituencies. For working persons who are already registered as geographical electors and whose names and identity card numbers are included in the employers' returns, they will be registered in the appropriate functional constituencies through a simple notification arrangement. The information also facilitates the Registration and Electoral Office (REO) to reach out to working persons who have not yet been registered as geographical electors, inviting them to get registered as geographical and functional electors at the same time.
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Since mid-January, the REO have sent letters to over 700000 employers, requesting them to provide the required information. As at the end of May 1995, the REO have received some 240000 employers' returns covering about 1.8 million employee records. For those which have not responded, we suspect that many are shell companies or not active in business.
The response shows that many of the employers are civic minded. The penalty provision for non-compliance primarily serves as a deterrent and has hot been invoked so far. As to whether any further action would be taken against employers who have not responded, this is a matter which the BEC will be looking into.
MR ERIC LI (in Cantonese): Mr President, although the Government has thoroughly devoted both financial and manpower resources to promote voter registration in respect of the nine new functional constituencies for the Legislative Council, only 240000 employers responded out of 700000, representing less than 35% of the employers. It is thus estimated that as many as 900000 potentially qualified electors have not registered because their employers fail to supply their information to the Government. This result is far from satisfactory. The Government explains that a majority of these 560000 employers, or over 65% of the employers, are not active in business. This is quite incredible. In view of the fact that the employers have reacted towards the complex election procedure with such lukewarm attitude, why does not the Government specify in clear terms during the registration period the criteria under which prosecution will be instituted in order to enhance the registration rate? Why does the Government resort to the tactics of "considering to rake things up" after the registration period? If the relevant regulation serves only as a deterrent, is it totally meaningless to enforce the regulation after the end of an election which may probably be held only once? If the Government intends to take further action, I hope that the Government will elaborate on the criteria for the pursuit of further action to the Council.
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, Mr LI's supplementary question covers a very wide range of issues but I will attempt to cover some of the points he has made.
Firstly, the law is very explicit as regards what is required and the criminal sanction is clearly stated and laid down in the law passed by this Council, and we have publicized that legal provision all along, so there is no question of the law not being clear and not being understood.
Secondly, as with any other legal sanction, whether the authority concerned would eventually take action, obviously will depend on the circumstances of the case. I have said in my principal answer that so far the REO and the Commission have not invoked the provision, but they are looking and will be looking into the need to take follow-up action.
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Right now, the Commission is obviously tied down with the other more urgent task of ensuring the election in September is proceeded with smoothly. But the question of criminal sanctions against employers who have not responded is a subject that the Commission would look into.
MR CHIM PUI-CHUNG (in Cantonese): Mr President, we can see from the voter registration form that a qualified voter should comply with seven conditions, including having to be registered, being resident in Hong Kong for seven years, having reached the age of 18 at the time of registration, the signatures of two persons and so on. There are also nine points to note because you have to study the Notes to the form. Moreover, there are altogether 10 items to fill in. The following of such a complex procedure warrants the award of money but in the end there involves the liability of a fine of $5,000 and to imprisonment for six months. I therefore hope that the Secretary will answer the Honourable Eric LI's question on whether the complex procedure would have implications on the registration of voters. He has failed to provide an answer to this point just now. The original question also asks whether such a complex procedure is detrimental to the enhancement of voter registration, resulting in a rate on the low side. The Secretary did not furnish an answer to this point either. I very much hope that the Secretary can give us an answer in detail. Meanwhile, is the Government going to conduct a review them? This is an unshirkable responsibility of the Government because, after all, it is the Government who draws up the complex procedures.
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, I would like to clarify one point mentioned by Mr CHIM in his comments. The criminal sanction is only for a fine of $5,000; there is no prison term. Indeed, the prison term proposal was specifically denied by this Council and an amendment was moved to take away the imprisonment term. So, if any criminal sanction is in the end imposed on any employer who has not responded to the request, it would be no more than the penalty of not more than $5,000.
I would like to make a few general points about the response to the registration. To start with, our procedures for registration have been designed from the outset to make them user-friendly — to make them simple, to make them clear, to make them user-friendly. And it is from that basis that we devised this arrangement of requiring employers to provide data about their employees so that we can match such data against records that are on our computer. But of course not all employees, not all members of the workforce in Hong Kong, are already registered voters, so quite obviously you would not expect that we would have records of all of them in our previous geographical register.
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But nonetheless, one must not forget that notwithstanding the short time limit and the fact that the nine new functional constituencies is a new feature, we have received a response from 240000 employers covering about two-thirds of the workforce — 60% of the workforce, or 1.8 million employees' particulars. So, that there are a lot of returns from employees obviously is because of their prompt response and, I believe, not just because of the threat of criminal sanctions.
As regards the response to the voter registration drive, I would like to comment that we generally have got a very satisfactory response overall. The figures are still being tallied but I would like just to mention a few salient facts. Overall, for the geographical constituencies, we have an increase of close to 200000 first-timers registered in this current exercise. With the deletions of inaccurate or addresses unknown, we should in the end fetch out with roughly 2.5 million voters in the geographical constituencies. This compares with only 1.89 million in 1991, so there is a good increase of almost 600000 people in the geographical constituencies.
For the functional constituencies, in the past it was no more than a total of 70000 for the 21 functional constituency seats. This time round we would have close to 1 million voters in the 30 functional constituencies — an increase of 14- fold against 70000, so this is obviously a much larger franchise compared to the previous exercise.
Obviously, we would like to have more voters registered. We would like to have 100% of voters in each and every constituency but unfortunately this is something we cannot achieve in this exercise. We certainly look forward to a better result in future. But one cannot deny the fact that the response this time round has resulted in a much larger franchise, and the objective of the whole exercise is to ensure that our electoral system will be more open and fairer.
MR CHIM PUI-CHUNG (in Cantonese): Mr President, I have a copy of the form in my hand specifying that contravention of the law will result in an imprisonment term of six months. I do not want to dispute further but I will show the Secretary the form later in order to prove that I am not misleading the public.
PRESIDENT: I am sure the Secretary can deal with that. Do you wish to deal with it now or in writing, Secretary?
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SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, with your permission, I would like to deal with it now.
When I mentioned the criminal sanction of $5,000, that was in respect of employers not responding to the request from the REO to supply information on employee data and that specific criminal sanction, as approved by this Council, only relates to a fine of $5,000.
There is an additional criminal sanction which includes both a fine and/or imprisonment for false information provided to the REO. Now this is for a person who willingly and willfully supplies false information in his declaration or in his form. That is a different category of offence and that also provides for a different category or different type of criminal sanction.
MR LEE CHEUK-YAN (in Cantonese): Mr President, 240000 is a figure on the low side because a total of 460000 employers have failed to supply information. Has the Government considered extending the closing date of 1 June, so that these 460000 or one third of the employees can join the voters in the nine new functional constituencies? If the answer is in the negative, can the Government explain why?
PRESIDENT: These are employers, I think, Secretary.
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, 1 June has been six days away. But there was obviously a request, a suggestion, that we should extend our closing date for registration to beyond 1 June, but the practical reality is that we really did not have the luxury of more time for the voter registration exercise. Leaving aside the fact that the deadline and all that is prescribed in law which we could not lightly change, we do have a time problem. Between now and the election on 17 September, there is no more than a very tight period of three and a half months and in that three and a half months we need to finalize the voter register, we need to allow time for people to comment on the provisional voter register which must be published before 22 June, and the final voter register has to be in place before 8 August. And as Members know, we will start accepting applications from candidates on 1 August before the election takes place on 17 September.
So, there are plenty of practical tasks to be completed before the election can take place and the time pressure is such that there really would not be any room for manoeuvre in terms of relaxing the voter registration deadline.
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Nonetheless, one must remember that we started this voter registration exercise in January this year; we did not start the exercise in a matter of one month or two months. We started in January. We focused on the old functional constituencies and shifted to the new functional constituencies after the March Municipal Council Elections, so there was plenty of time for the exercise to be conducted.
Setting up of Public Access Channel
4. MR LEE CHEUK-YAN asked (in Cantonese): With regard to the Recreation and Culture Branch's assessment that the establishment of a public access channel would not be suitable for the territory, will the Government inform this Council:
(a) whether, despite the information supplied by the Branch concerning the successful examples of establishing public access channels in other countries as well as examples overseas which have encountered problems, the Government has considered the setting up of a public access channel modelled on the successful examples in other countries, if not why not, and
(b) whether, having regard to the concern expressed by the Recreation and Culture Branch about the "waste of public resources" because the "usage" and "public demand" for a public access channel cannot be determined, the Government has conducted any survey to substantiate that a public access channel is of interest to a minority only?
SECRETARY FOR RECREATION AND CULTURE: Mr President, in determining whether a public access channel is suitable for Hong Kong, the Administration has drawn on overseas experience in operating the service. Not many examples are available, Public access television is not found anywhere in Asia. Even in the few western countries with public access television, the experience is not an entirely successful one. For example, those in the United States tend to be well-funded and properly set up by cable franchises, which help users with technical assistance. However, there are problems preventing unacceptable programming from being shown. This has led to abuse in many cases. To overcome the problem of unacceptable programming, as in the case of Canada, cable operators are given responsibility for programme content. This, therefore, tends to compromise the principle of free access and freedom of expression.
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In the case of Hong Kong, we do not impose pre-censorship or pre- viewing of programmes. Instead, we rely on post-broadcast sanctions. However, introduction of any public access channel would require pre-viewing programmes so as to maintain the same quality and standards as existing TV broadcasting licensees and to ensure that the service would not be misused for political, commercial or pornographic purposes. Bearing in mind that television is a very powerful media and the impact it has on the viewing population, any damage done would be difficult to rectify.
As to the second part of the question, the subject of a public access service had been discussed at the Legislative Council Recreation and Culture Panel on numerous occasions. These Panel discussions had been widely reported in the media, and despite this, only three written representations were received on the matter. Given the very real problems found by the working group in setting up a public access service in Hong Kong and the subsequent decision by the Executive Council on the matter, wider consultation amongst the public will not serve any useful purpose.
MR LEE CHEUK-YAN (in Cantonese): Mr President, the Acting Secretary for Recreation and Culture has adduced a number of reasons in support of the decision not to establish public access channels, but are they the real reasons? He mentioned in his reply that this is
"to ensure that the service would not be misused for political purpose". Does the Government make the final decision of not establishing public access channels because it fears that public access channels would be used to criticize government policies; or that the public will conduct open political discussions; or, in particular, that the future Hong Kong Special Administrative Region (SAR) Government, that is the Chinese side, will oppose? Are these the real reasons?
SECRETARY FOR RECREATION AND CULTURE (in Cantonese): Mr President, the Hong Kong Government is full of confidence in dealing with any matter. We would never show the white feather. As I have just replied, we refused to establish public access channels mainly based on the consideration of the various difficulties that may arise when such service is provided.
MR ALBERT CHAN (in Cantonese): Mr President, the reply of the Acting Secretary for Recreation and Culture is self-contradictory because a couple of years ago when the Government issued licence to Cable TV, it was specified in the licensing conditions that three channels had to be made available as public access channels. Therefore, the proposal on the establishment of public access channels was made by the Government itself. After a lapse of three years, the Government backs down on this issue upon some specious grounds. At present, nowhere else in the world provides the Video-on-Demand (VOD) Service, but the Government is courageous enough as to allow the relevant company to try its hands at providing this service. But at the same time, the Government backs
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down on the proposal of establishing public access channels. Can the Government inform us, in clear terms, why it makes such a "U-turn" within a period as short as only two to three years? Is the Government under some sort of political or invisible pressure enabling it to change its established policy?
SECRETARY FOR RECREATION AND CULTURE (in Cantonese): Mr President, I have just replied this question. We are not under any pressure. Basically speaking, we disapproved of the provision of this service on the ground that we have to take into consideration the difficulties that may be associated with the establishment of public access channels and other major difficulties as well.
MR ERIC LI (in Cantonese): Mr President, users of public access channels, for example television stations, shall abide by users' guidelines. We believe that our society will not regard the drawing up of reasonable guidelines as a measure to restrict the freedom of speech. Why cannot the Government consider drawing up some sort of similar guidelines for public access channels so that all users of public access channels would have to abide by them, and any violation of such will be subjected to fines or other methods may also be used to prohibit the public access channels from being abused? If such restrictions can be set without jeopardizing the freedom of speech, why does not the Government consider using this approach?
SECRETARY FOR RECREATION AND CULTURE: A public access service by definition is, as far as possible, to maintain the principle of freedom of access for all and freedom to express yourself as you wish. So, if you take into account what has been suggested, this will no longer be called a true public access service. Thank you, Mr President.
MR MAN SAI-CHEONG (in Cantonese): Mr President, will the Government's decision on public access channels be temporarily shelved and the case may have a chance to reappear within one to two years, just like the case of the comprehensive broadcasting legislation which is now being drafted? If such an opportunity does exist, will the Secretary inform us the timetable for the review? If there is no such a chance, does it mean that the Government has foregone the requirement for Wharf Cable to make available to the Government three television channels? Does it constitute a blatant case of sacrificing the interests of the public and the audience?
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SECRETARY FOR RECREATION AND CULTURE (in Cantonese): I have answered this question a number of times. The issue of providing public access channels had been scrutinized in detail by a working group and the Executive Council has taken into consideration all sides of views. This is therefore an awfully clear decision.
MS ANNA WU: Thank you, Mr President. I have a very short question. Can the Secretary confirm that if the technical problems can be overcome, there will be no obstacle to having a public access channel in Hong Kong?
SECRETARY FOR RECREATION AND CULTURE: Even if all the technical problems are overcome, there are still other difficulties as identified by the working group in the report.
DR CONRAD LAM (in Cantonese): Mr President, the Acting Secretary for Recreation and Culture has highlighted time and again that the decision not to establish public access channels is made because it is envisaged that a lot of difficulties will arise. However, the real question lies in whether the provision of public access channels is, in principle, beneficial to the public. If that is the case, shall we try our very best to surmount these difficulties? Is it the principle of the Government that it will give up the pursuit of a cause in face of difficulties, despite the fact that this is in the interests of the public?
SECRETARY FOR RECREATION AND CULTURE (in Cantonese): The principle of the government practice is simple enough — all considerations are made on the premise of whether they are in the very interests of the people of Hong Kong. Many things are desirable in nature but even so, they can sometimes be taken advantage of. Based on this reason, we hold that we have sufficient grounds to disapprove the establishment of public access channels.
Quality of Water Supplied to Hong Kong from China
5. REV FUNG CHI-WOOD asked (in Cantonese): It is recently reported that despite the effort made by the Shenzhen authorities to improve their hygienic conditions in the Dongjiang River and the Shenzhen Reservoir, which supply water to the territory, the pollution problem is still serious. With the arrival of summer season in which infectious diseases are prevalent, the people in the territory are concerned about this matter. In view of this, will the Government inform this Council whether;
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(a) the Water Supplies Department and other Government departments have conducted regular checks on the quality of the water supplied to the territory from China, if so, whether they have detected any deterioration in water quality; and what measures have been put in place to ensure that the water quality is up to the standard required; and
(b) the Government has reflected the concern of local people to the relevant Chinese authorities; and whether the Government is aware of the measures taken by the Chinese authorities to solve the problem ?
SECRETARY FOR WORKS: Mr President,
(a) The Water Supplies Department carries out routine tests at a frequency of three times daily to check the quality of raw water supplied from China. The latest equipment and techniques are used in a comprehensive monitoring programme for all water in the supply and distribution system, in accordance with the internationally acceptable practice.
Over the years, the Water Supplies Department has noticed some fluctuations in water quality in the raw water supplies from the Dongjiang River and Shenzhen Reservoir, but these fluctuations are well within the treatment capabilities of our treatment works, and the potable water which is supplied to consumers is up to the standard set by the Department which complies with the requirements of the World Health Organization (WHO).
Furthermore, the quality of raw water from the Dongjiang River has met the requirements laid down by international guidelines.
(b) There are regular liaison meetings between the Hong Kong and Guangdong authorities on water quality matters. These include the Annual Business Meeting with myself leading for Hong Kong, and the Director of Guangdong Provincial Bureau of Water Conservancy and Hydro-Power leading for the Chinese side. In addition, an Operation and Management Technical Sub group meets at working levels, to discuss water quality control and operational matters, at least twice a year. Further ad hoc contacts by telephone can take place at any time if water quality or other operational reasons make this necessary.
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The Guangdong authorities have followed up on the meetings with actions whenever needed to improve the quality of water supplied to Hong Kong. These include legislative and enforcement actions to protect the water source from the Dongjiang River, as well as engineering measures such as the introduction of sewage diversion schemes and building additional sewage treatment works.
REV FUNG CHI-WOOD (in Cantonese): Mr President, although the quality of our potable water is up to international standard, we still worry that the water quality of the Dongjiang River is deteriorating without any sign of improvement. In January this year, the Deputy Director of Dongjiang Shenzhen Water Work Administration of Guangdong Province pointed out that the water quality of Dongjiang River which was classified as "Grade 1" in 1990, has been downgraded to "Grade 2" this year, thereby causing potential danger to the consumers. The Secretary seems to have evaded this point in his reply who only mentioned that there are some fluctuations in the water quality. Would the Secretary please clarify whether these fluctuations are for improvement or for deterioration? If the situation continues to worsen, does it indicate that the measures presently adopted by the government of Guangdong Province is insufficient and there is a need to step up further enforcement measures?
SECRETARY FOR WORKS: Mr President, fluctuations imply improvement as well as deterioration and, of course, seasonal rainfall and storms and the urbanization of areas along the Dongjiang River and the supply aqueducts are the reasons for such fluctuations. But over the years — and I go back, Mr President, over 10 years — although there have been some increases in the values of certain parameters, which include turbidity, nitrate and chloride content, they still remain well within acceptable levels.
The other factor which should be remembered, Mr President, is that our own treatment facilities in Hong Kong are entirely capable of dealing with these fluctuations, and I would emphasize that the quality of water which is supplied to consumers in Hong Kong is well up to WHO standards.
DR HUANG CHEN-YA (in Cantonese): Mr President, I have asked the same questions last year and this year again in relation to the levels of heavy metals and industrial chemicals in water. Every time, the Government told us that the levels were up to the WHO standard, but there were no specific figures provided so far. I am not sure whether we can trust the Government or whether the Government is trying to hide some facts from us? Can the Government provide us in a written form details on the levels of heavy metals and industrial chemicals in water over the past year as well as the standards adopted by the Government? Also, can the Government publicize the figures monthly to the public?
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PRESIDENT: Is this in regard to the two rivers that are the subject of the question, or more generally, Dr HUANG?
DR HUANG CHEN-YA: Yes, it is with regard to the water from those two rivers.
SECRETARY FOR WORKS: Mr President, we are certainly not trying to hide any figures. Any Member is welcome to visit our laboratories and we would be very happy to supply the information. However, I should say that it is not possible to state the levels of heavy metals and organic contaminants in numerical terms without going into a large number of figures, as the number of elements and the compounds analyzed is very large and the guideline values differ for each element and/or compound one to the other.
But I would like to just emphasize again that the levels of heavy metals and such contaminants detected in our raw water are in fact close to or even below the detection limits of the very sensitive analytical instruments which are employed. To give an example, the acceptable standard level for lead is 0.01 mg per litre whilst the detection limit of our instruments is 0.004 mg per litre. In other words, Mr President, we are trying to detect traces in raw water which are well, well below allowable standards and our instruments, although extremely sensitive, are only just finding such traces in the water itself. But I say again, Mr President, we will be very happy to supply such information in writing to the Honourable Member (Annex II)
WRITTEN ANSWERS TO QUESTIONS
Statutory Registration System for Social Workers
6. MR HUI YIN-FAT asked: Will the Government inform this Council whether it will introduce legislation to set up a statutory registration system for social workers in the territory, if so, when it plans to introduce such legislation?
SECRETARY FOR HEALTH AND WELFARE: Mr President, the short answer to the first part of the question is "yes". On 30 May 1995, the Executive Council approved the drafting of a government bill to provide for the statutory registration of social workers in Hong Kong.
The bill will establish a board:
(a) to register and discipline "registered social workers" and "enrolled social workers";
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(b) to set the qualifications needed for registration and assess those qualifications; and
(c) to issue a Code of Practice or Code of Conduct.
We also propose that the board would comprise a majority elected by and from the council made up of registered social workers with the rest appointed by the Governor and representing, for example, employers, academics and the community at large.
The bill would restrict the use of titles such as "registered social worker" and so on to those who are registered, while not preventing those who are not registered from providing social work or social welfare services.
We have been discussing our proposals with the Honourable HUI Yin-fat and other members of the Hong Kong Social Welfare Personnel Registration Council and have reached a wide measure of understanding on these issues. We will be continuing our discussions with them and the profession as a whole as we develop our proposals further and draft the legislation.
We aim to introduce this bill into the Legislative Council during its next Session.
Relocation of Obstructive Bus Stops
7. MR ROGER LUK asked: As many franchised bus stops in the urban area are located at the road junction or the kerb side of major trunk roads causing unnecessary obstruction to other road users, will the Administration inform this Council whether there are plans to relocate these bus stops and what are the criteria for the selection of locations of bus stops in the urban area?
SECRETARY FOR TRANSPORT: Mr President, the factors taken into account in determining the locations for bus stops include passenger demand, safety and convenience, the availability of kerb side space, traffic circulation and road safety.
As a general rule, bus stops are not located within 15 m of a road junction, on trunk roads or elevated sections of primary distributor roads. However, given limited road space in the urban areas and the network of bus routes designed to serve the needs of the travelling public, it is inevitable that many bus stops have to be located on major thoroughfares, for example, Gloucester Road and Lung Cheung Road. Wherever possible, bus laybys and service lanes are provided to minimize obstruction to other vehicles.
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The Transport Department considers all suggestions and complaints about the location of bus stops and, when appropriate, will relocate bus stops in response to changes in passenger demand and traffic conditions.
Central-Wan Chai Bypass and Island Eastern Corridor Link
8. MRS MIRIAM LAU asked (in Chinese): Regarding the proposed Central-Wanchai Bypass and Island Eastern Corridor Link, will the Government inform this Council:
(a) of the design and construction programme of the whole project; (b) of the progress of construction works to date; and
(c) whether a dual two-lane or a dual three-lane design will be adopted; what the planned traffic capacity is, and when such capacity is expected to be reached?
SECRETARY FOR TRANSPORT: Mr President,
(a) Design and construction programme of the project
Site investigation work for the proposed Central-Wan Chai Bypass (CWB) and Island Eastern Corridor Link (IECL) started in March 1995, for completion in February 1996. Since the road will be built on reclaimed land, the detailed design and construction will be carried out in stages, matching the various phases of the reclamation. On this basis, design work will take place from June 1995 to October 1999. Administrative and statutory procedures will be completed and funds sought with a view to construction starting in January 1997 for completion by December 2003.
(b) Progress of construction works to date
Construction has yet to begin. However, site investigations commenced in March 1995 and work on the detailed design will start this month, in accordance with the programme set out in paragraph (a) above.
(c) Planned capacity of the new road system
The CWB will be a dual-two lane road, with capacity for 3400 vehicles per hour in each direction, while the IECL will be dual- four lane with capacity for 6700 vehicles per hour in each direction. When account is taken of the 15 traffic lanes that will run parallel to the CWB alignment and the 10 traffic lanes that will
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run parallel to the IECL alignment, the new road system is expected to be adequate to meet demand at least up to the year 2011.
Illegal Sale of Marked Oil
9. MR WONG WAI-YIN asked (in Chinese): Regarding the illegal sale of marked oil, will the Government inform this Council:
(a) of the number of cases detected, together with the amount of tax involved, in each of the last three years; and what the penalty is generally on those convicted;
(b) whether there is an upward trend of such cases, if so, whether it is related to the leniency of sentences passed; and
(c) how the illegal sale of marked oil can be eradicated more effectively; whether the authorities concerned are adequately staffed; if not, whether additional staff will be provided?
SECRETARY FOR THE TREASURY: Mr President,
(a) The information sought by the Honourable Member is set out in the following two tables:
1992-93 1993-94 1994-95
Misuse of marked oil and detreated oil
Cases detected 268 326 (+22%) 461 (+41%) Seizures (litre) 130438 64576 (-50%) 699774 (+984%) Duty Potential ($) 268,826 146,609 (-45%) 1,728,530 (+1079%) Statistics on Penalties *
Statutory maximum penalty under the Dutiable Commodities Ordinance (Cap.109):
． Use, sell, place marked oil in the fuel tank of a motor vehicle: Fine $100,000 and two years' imprisonment
． Remove any marker or colouring substance from marked oil: Fine $5,000 and six months' imprisonment
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Range of penalty 1992 1993 1994 imposed Fine: Fine: Fine:
$200 - $20,000 $500 - $12,000 $500 - $10,000
* Statistics based on financial year are not available.
(b) The volume of seizures in the past three years has not shown a consistent trend. It dropped in 1993-94 and then increased substantially in 1994-95. Nor can we draw any clear correlation between the sentences imposed and the number of cases of contraventions. Nevertheless, we consider that there is a need to increase the maximum fines substantially to maintain their deterrent effect. For this purpose, we are planning to introduce amendments within this Legislative Session to raise the present maximum fines in respect of the offences under the Dutiable Commodities Ordinance (Cap.109) set out in (a) above from $5,000 to $50,000 and from $100,000 to $1 million respectively.
(c) The Government tackles the misuse of marked diesel oil through vigorous enforcement action. The Customs and Excise Department has deployed one dedicated team (comprising seven officers) to investigate the illegal import of diesel oil and illicit distribution and use of marked oil. In addition, the Department has eight patrol teams (each comprising seven officers) which devote about 25% of their time to combat the illicit sale and use of diesel oil at street level, paying special attention to illegal oil filling operations. We keep under constant review the resources deployed on enforcement work. We also encourage the public to provide information on activities involving the misuse of diesel oil through an incentive scheme which offers rewards to informers.
Improvement of Government Services for Islands District
10. MR LEE WING-TAT asked (in Chinese): As the level of medical, welfare and education services provided by the Government in some areas of the Island District (such as Tai O, Lamma and Peng Chau) falls short of that enjoyed by the people in urban areas, will the Government inform this Council whether it has any plans to improve the level of
such services in the Island District so as to bring it on par with that enjoyed by the people in urban areas; if so, what the details of the plans are; if not, why not?
HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 4263
SECRETARY FOR HEALTH AND WELFARE: Mr President, to achieve optimal use of resources, medical and health facilities are planned in accordance with the geographical distribution of population.
General out-patient clinics are provided on the larger islands where there is a bigger population. The Department of Health operates a total of five clinics in Lantau, Peng Chau and Cheung Chau, operating either full-time or part-time. These provide out-patient medical services, maternal and child health services, maternity, tuberculosis and chest services. Four of the clinics provide 24-hour first aid services. Remote and sparsely populated areas are served by a floating clinic.
In addition to a general out-patient clinic, the St John Hospital in Cheung Chau provides 93 beds, 24-hour emergency treatment and other general hospital services for Islands District residents.
Patients on the outlying islands who require secondary or tertiary care are referred by primary care physicians to hospitals or clinics on the mainland for treatment. Emergency transfer of accident and emergency patients to mainland hospitals is provided either by helicopter or police launch.
The average occupancy rate for St John Hospital in 1993-94 was only about 55%. Clinic services are similarly not yet fully utilized. Having regard to this, the present level of medical and health services for Islands District is considered adequate and on par with the urban area provision.
As for welfare services, a meaningful comparison between districts is possible only with regard to those services where population-based planning standards are adopted. All of these types of services (listed in the appendix) as provided in Islands District meet the prescribed standards, except for places in care and attention homes for elderly persons where there is currently a shortfall of 50 places. This shortfall will, however, disappear on the completion of the Chung Shak Hei (Cheung Chau) Home for the Aged in 1996-97.
The Administration takes a flexible approach in providing necessary services even when such are not strictly justified under the current planning standards. So, whereas the population of Islands District may not justify the establishment of certain full-fledged welfare facilities according to the planning standards, a more flexible approach has been adopted, for example, by setting up youth centres (as in Mui Wo and Peng Chau) or by providing extension and outreaching services from units in the Central and Western District, as in the case of family life education programmes and family service centre services offered to families in Islands District.
4264 HONG KONG LEGISLATIVE COUNCIL — 7 June 1995
Some services, such as many rehabilitation services, are provided on a territory wide rather than on a district-by-district basis. Comparison between the Island District and the urban areas is neither possible nor appropriate in these cases. Residents of Islands District in need of these types of services are fully entitled to use the facilities provided on a territory-wide basis.
As for education services, all such services provided in Islands District meet the Government's planning standards. There is no difference in the level of services enjoyed by people in urban areas and people living on the islands.
Petitions to Government House
11. MR TAM YIU-CHUNG asked (in Chinese): Will the Government inform this Council of.
(a) the number of petitions received by Government House during the past year; and
(b) the breakdown of the types of articles which some organizations have presented to the Governor when lodging their petitions; and how these articles have been dealt with by the Governor?
CHIEF SECRETRY: Mr President,
(a) Government House received 1258 petitions in 1994.
(b) The types of articles received can be broken down into the following categories:
(1) letters (1252);
(2) compilations of signatures (35);
(3) banners (37); and
(4) miscellaneous items (55).
The letters are kept on file in Government House and in the Policy Branches concerned. The other items are disposed of after follow- up action has been initiated.
HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 4265 Measures Combating Inflation
12. DR DAVID LI asked: As Japan is our second largest importer, supplying almost 16% of the territory's imports and 24% of retained imports, the current appreciation of the Japanese yen is having a direct impact on the territory's inflation. Moreover, the average rate of inflation for the first quarter of this year was 9.5%, one percentage point higher than the Government's original estimate. In particular, those components in the Consumer Price Index having a high import content, such as clothing, footwear and miscellaneous goods showed rather faster price increases. In this connection, will the Government inform this Council what are the short-term and long-term measures which the Government will implement in order to keep the inflation rate within the Government's estimate and maintain the territory's competitiveness?
FINANCIAL SECRETARY: Mr President, in the May update of the economic forecast for 1995, we have revised the forecast of consumer price inflation, in terms of the Consumer Price Index (A), upwards from 8.5% to 9.0%, in the light of the higher actual outturn in the first four months of the year.
In recent months, consumer prices have come under greater pressure from the higher import prices, due to a weakened Hong Kong dollar in line with the US dollar, faster increases in world commodity and product prices, and the high inflation in China. The prices of goods imported from Japan, Taiwan and China have shown more distinct pick-ups. The various external factors contributing to greater imported inflation are, however, beyond the Government's control. In the circumstances, Hong Kong's importers have an important role to play in reducing the impact of imported inflation on local consumers by seeking cheaper supplies from more diversified sources.
On locally-generated inflation, there are nevertheless some helpful developments. Following the decline in the prices of residential flats since April last year, rentals of flats have also softened more recently. This should have a dampening effect on the rental component of the CPI, albeit with a time lag. Prices and rentals for office space and shop premises have likewise moderated from their peak levels. This should have a dampening effect on the cost of doing business in Hong Kong. Labour market conditions have eased somewhat in the first quarter. This should help to relieve pressures on local resources and hence domestic inflation.
It is clear, however, that the level of inflation in Hong Kong is still high. Ongoing vigilance in the inflation situation is therefore necessary. Accordingly, we continue to exercise firm control over government expenditure, and avoid fuelling inflation through excessive tax cuts. We continue to restrain growth of the Civil Service, and seek to follow rather than lead the market in its pay increase.
4266 HONG KONG LEGISLATIVE COUNCIL — 7 June 1995
For the longer term, we are working intensively to increase the supply of land and to remove bottlenecks on growth by implementing our infrastructure programmes. On human resources, we adopt a more pro-active approach in assisting the unemployed by expanding the services on job matching and placement. In addition, various training and retraining courses are run to better equip our workers with new skills required by the market. There is, moreover, a general improvement in education opportunities, particularly on tertiary education. All these measures should contribute to raising our productive capacity and efficiency, thereby enhancing our overall competitiveness and indirectly also helping to contain inflation.
Vacant Public Rental Flats
13. MISS EMILY LAU asked (in Chinese): Figures released recently by the Housing Authority showed that as at the end of March this year, there were over 14000 vacant public rental flats, of which a third have been unoccupied for at least one year. In view of this, will the Government inform this Council:
(a) how many of these vacant flats have never been allocated and the reasons for this; and for the other vacant flats which have previously been allocated, could the Government provide a breakdown by the number of times of allocation;
(b) of the number of flats remaining unoccupied for one year and above, together with a breakdown by location of the housing estates concerned, duration of vacancy, numbers of flats and reasons for such flats remaining vacant; and whether all these flats have ever been allocated;
(c) of the total number of casual vacancies out of the 14000-plus vacant flats; what procedures have to be completed before these flats can become available for re-allocation; and how long it will take to complete those procedures; and
(d) whether any measures will be adopted to reduce the number of vacant flats so that people in need can be allocated public housing units as soon as possible?
SECRETARY FOR HOUSING: Mr President, at the end of March 1995, there were about 14000 vacant public rental flats, representing about 2% of the total stock. Of these, 6800 flats were reserved for clearance and redevelopment exercises, 4400 flats were under offer to applicants or were being processed for allocation, and 2800 flats were under refurbishment. Of the 11200 lettable flats, 1257 were vacant for one year or more.
HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 4267 Answers to the four specific points raised are:
(a) Among the 1257 flats vacant for one year or more, about 600 have never been allocated. They have been reserved for various clearance and redevelopment exercises which may take nine to 24 months to complete, depending on the scale of the exercise concerned. For the remaining flats, the number of offers made to eligible households ranges from one to 39. No breakdown is readily available.
(b) The flats reserved for clearance or redevelopment exercises, which have been unoccupied for one year or more, are mainly in Tin Shui, Kwai Shing (East), Cheung Hang and On Yam Estates as shown below:
Estate Vacant flats
Tin Shui 222
Kwai Shing (East) 145
Cheung Hang 139
On Yam 107
-----
613
The other flats vacant for one year or more are scattered over a hundred housing estates, and are mostly unpopular and non-self- contained flats without lift service, or are stigmatized by incidents of homicide or suicide. As indicated at (a) above, the number of offers made to eligible households ranges from one to 39. No further breakdown by duration of vacancy for both categories is readily available.
(c) Among the 14000 vacant flats, 6300 are vacated flats requiring refurbishment which usually takes three months. On average, two allocations will have to be made before a flat is eventually let. This means that the total time taken for a vacant flat to be refurbished, allocated and occupied is usually around six months.
(d) In order to reduce the vacancy period of flats under refurbishment, the Housing Department has introduced a centralized allocation system under which flats are allocated one month before refurbishment is completed. A working group has been set up recently to examine ways to reduce the number and period of other flats left vacant.
4268 HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 Hospitalization Period of Patients
14. MR WONG WAI-YIN asked (in Chinese): Will the Government inform this Council:
(a) of the average hospitalization of period of patients in each of the public hospitals in the last three years; and
(b) whether there is an indication of a downward trend in the hospitalization period of patients in certain public hospitals; if so, what the reasons are and whether it is due to a shortage of hospital beds?
SECRETARY FOR HEALTH AND WELFARE: Mr President, a breakdown on the average length of stay in each public hospital over the last three years is provided in the Appendix. There is no evidence to indicate a consistent downward trend during the period.
In general, the average length of stay is affected by rationalization of service through hospital clustering or networking, advancement of medical technology, development of ambulatory care or outreach medical services and improved rehabilitation. The supply and demand of hospital beds has no direct relevance in this regard.
Appendix
Breakdown on Average Length of Stay
(1992-93 - 1994-95)
1992-93 1993-94 1994-95
Hong Kong
Alice Ho Miu Ling Nethersole Hospital (Note 1) 5.1 4.7 N/A Cheshire Home Chung Hum Kok 610.8 375.5 453.3 Duchess of Kent Children's Hospital 14.7 13.1 18.8 Fung Yiu King Hospital 28.7 26.3 29.9 Grantham Hospital 22.1 19.0 15.6 MacLehose Medical Rehabilitation Centre 57.5 55.5 62.6
HONG KONG LEGISLATIVE COUNCIL — 7 June 1995 4269
1992-93 1993-94 1994-95
Hong Kong
Nam Long Hospital 55.5 56.0 39.8 Pamela Youde Nethersole Eastern Hospital (Note 2) N/A 6.0 6.2 Queen Mary Hospital 5.6 5.7 5.5 Ruttonjee Hospital 21.5 14.2 10.4 St John Hospital 37.3 24.6 21.9 Tang Shiu Kin Hospital 6.2 7.5 7.0 Tsan Yuk Hospital 4.7 5.2 4.2 Tung Wah Eastern Hospital 8.6 10.5 11.2 Tung Wah Hospital 17.4 16.7 15.6
Kowloon
Caritas Medical Centre 10.2 10.4 9.9 Hong Kong Buddhist Hospital 12.8 12.8 11.6 Hong Kong Eye Hospital (Note 3) N/A N/A N/A Kowloon Hospital 18.5 19.5 21.3 Kwong Wah Hospital 6.6 6.3 5.9 Margaret Trench Medical Rehabilitation Centre 61.1 65.9 59.7 Our Lady of Maryknoll Hospital 7.4 7.4 7.8 Queen Elizabeth Hospital 6.6 6.5 6.2 United Christian Hospital 5.5 5.1 5.0 Wong Tai Sin Hospital 59.1 57.8 56.4
4270 HONG KONG LEGISLATIVE COUNCIL — 7 June 1995
1992-93 1993-94 1994-95
New Territories
Castle Peak Hospital 251.6 241.6 243.2 Cheshire Home (Sha Tin) 23.4 22.6 25.8 Fanling Hospital 19.5 20.9 18.0 Haven of Hope Hospital 34.3 28.8 27.0 Kwai Chung Hospital 202.5 191.1 184.0 Lai Chi Kok Hospital 2794.0 5216.2 3255.6 Pok Oi Hospital 8.3 9.0 10.0 Prince of Wales Hospital 5.8 5.4 5.2 Princess Margaret Hospital 4.9 6.3 6.4 Sha Tin Hospital 87.9 54.1 48.3 Siu Lam Hospital (Note 4) N/A 548.7 1118.1 Tuen Mun Hospital 7.7 7.2 7.0 Yan Chai Hospital 7.8 8.3 7.8 Total 10.8 10.9 10.4
Note 1 : closed with effect from September 1993
Note 2 : operated with effect from October 1993
Note 3 : no in-patient facilities
Note 4 : re-opened in September 1993
HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995 4271
Privately-run Residents' Coach Services
15. MRS MIRIAM LAU asked (in Chinese): Regarding privately-run residents' coach services, will the Government inform this Council:
(a) of the number of applications for a licence to operate residents' coach routes received by the Government, and the success rate of such applications, in the past three years;
(b) of the criteria used in determining whether approval will be granted to such applications; and
(c) whether it has any information concerning the number of residents' coach routes which are being operated without the relevant department's approval, and whether it will consider regulating or banning these services?
SECRETARY FOR TRANSPORT: Mr President, in the past three years, the Transport Department received a total of 117 applications for the operation of residential coach services. Overall the success rate of applications which have been processed is about 60%. A detailed breakdown is as follows:
Successful Unsuccessful Being processed Total
1992-93 13 11 0 24 1993-94 17 9 0 26
1994-95 25 19 23 67 --- --- --- -----
Total 55 39 23 117
The purpose of providing residential coach services is to supplement franchised bus services, particularly during peak hours. In considering applications for residential coach services, the Transport Department takes into account the following factors:
4272 HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995
(a) the need for the service;
(b) the level, quality and adequacy of services being provided or planned by other public transport operators;
(c) traffic conditions along the proposed routing and availability of terminal facilities in the areas to be served; and
(d) the support and preference of users of the service.
If the application is considered acceptable, a passenger service licence will be granted by the Transport Department to a new operator stipulating the conditions for the operation of the residents' service in question.
Any unauthorized operation of residential coach services usually come to light quickly. The Transport Department will act on information and has dealt with a total of 38 cases of such unauthorized services in the past three years. If a case is substantiated, the Transport Department will issue a written warning to the operator to stop the unauthorized service. This has generally proven to be effective as most such services have been withdrawn almost immediately. In those relatively rare instances where repeated warnings are ignored, the passenger service licences of the operators will be cancelled and, if the Commissioner for Transport deems it appropriate, he will refer the case to the police for investigation and prosecution.
Benzene Content of Unleaded Petrol
16. REV FUNG CHI-WOOD asked (in Chinese): The findings of a research conducted in Britain last year indicate that the benzene content of unleaded petrol is excessively high, and that vehicles which are not equipped with catalytic converters cannot effectively eliminate this carcinogen in the petrol and are thus unsuitable to use unleaded petrol. Despite the carcinogenic nature of benzene, the Environmental Protection Department has still not informed the public of the benzene content of unleaded petrol. In view of this, will the Government inform this Council:
(a) whether any research has been conducted on the benzene content of unleaded petrol;
(b) of the anticipated benzene content in the air in the territory in each of the next ten years;
HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995 4273
(c) whether there is any difference between the readings of benzene content in the air recorded by the air quality monitoring stations set up at the roof-top of buildings and those recorded at the ground level; and
(d) whether consideration will be given to encouraging owners of vehicles which are not equipped with catalytic converters to use leaded petrol so as to reduce the level of carcinogen in the air?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President,
(a) Fuel surveys conducted by the Environmental Protection Department (EPD) show that the average benzene content for unleaded petrol is 3.4%, while that for leaded petrol is 3.2%. Both are below the United Kingdom standard of 5%.
(b) As I informed this Council on 17 May in answer to another question on benzene (Legislative Council Question 5 (Oral)), the current benzene level is about 3 to 7 microgrammes per cubic metre. This is extremely low. It is not possible to provide a precise year-by-year prediction of benzene levels. However, since all petrol vehicles imported into Hong Kong after 1992 are required to be fitted with catalytic converters, we expect the ambient benzene level to remain low in the coming years.
(c) Benzene levels at road sides are not significantly different from those recorded at roof-top monitoring sites.
(d) As the difference in benzene content between leaded and unleaded petrol is small, and as lead is itself a major pollutant which could accumulate in human bodies and cause adverse effects on the central nervous systems, especially among children, it is not appropriate to encourage vehicles without catalytic converters to revert back to use leaded petrol.
Health Education in Primary and Secondary Schools
17. MR HUANG CHEN-YA asked (in Chinese): Will the Government inform this Council:
(a) of the number of hours of health education classes attended by primary and secondary school students each year;
4274 HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995
(b) what plans have been drawn up by the Education Department to improve and update the syllabus of primary school health education which has not been revised since the publication of its first edition in 1980;
(c) what education do secondary school students receive regarding the prevention of critical illnesses like AIDS, heart disease, stroke and cancer; and
(d) what qualifications teachers of health education are required to possess and what continuous training they receive?
SECRETARY FOR EDUCATION AND MANPOWER: Mr President,
(a) For primary schools, the average number of hours on health education attended by students is 25 each year. In secondary schools, health education is taught through formal subjects (for example, Social Studies, Biology and so on), cross-curricular lessons on selected topics (for example, sex education, civic education and so on) as well as through the informal curriculum. The number of hours devoted to health education varies with the class level and with the individual school, ranging from 40 hours to over 80 hours per student per year. In addition, many primary and secondary schools organize informal sessions on health related topics for their students.
(b) The Education Department has restructured the syllabus of primary school health education by integrating Social Studies, Primary Science and Health Education into a new core subject of General Studies. The new General Studies syllabus will be introduced in 1996.
(c) As indicated in paragraph (a) above, secondary school students are taught through the formal curriculum about different diseases like heart diseases, cancer, AIDS and major infectious diseases including their prevention. Details of the topics covered are annexed. Similar topics are also covered through cross-curricular lessons on civic education, moral education and sex education. In addition, students are encouraged to take part in extra-curricular activities on health education such as the Student Health Ambassadors Training Project organized by the Department of Health. This project aims to provide health education to secondary school pupils through a training programme consisting of a series of lectures and site visits.
HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995 4275
(d) Most if not all teachers of health education in primary schools should have attended this subject in their pre-service or in-service teacher education courses in the former Colleges of Education or the new Institute of Education. Secondary school teachers teaching subjects related to health education are usually subject trained. On continuous training, the Education Department in conjunction with the Department of Health organizes regular in-service teacher education courses and seminars on health education for teachers for both the primary and secondary levels.
Annex
Critical Illnesses as Taught in the School Curriculum
Secondary
Subject Level Topic
Social S1-S3 My Health - Personal Hygiene
Studies - Balanced Diet and Food Hygiene - Exercise and Rest
Selected Types of Diseases in Hong Kong
- airborne diseases, foodborne diseases,
heart diseases and cancer
AIDS Awareness and Cancer Education
Economic S1-S2 Public Health
and Public
Affairs - Indicators of good public health - Medical services in Hong Kong
- Other efforts of government to promote public health:
Health education; Prevention and control of infectious
diseases
Biology
(Advanced Level)
S6-S7 Microorganisms and diseases: A Review of common human diseases and their causative microorganisms, social aspects of AIDS
A brief review of methods and cost to control the spread of diseases
4276 HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995
Biology S4-S5 The heart and blood vessels: The structure and action of the heart
Human S4-5 Healthy living and factors affecting health Biology
- Healthy living includes: physical, mental and social
health.
A general introduction to a balanced diet.
- Dietary habits and their effects on the body
- A general account on the causes of stress and means
to reduce stress
- A general introduction to drug abuse, alcoholism,
tobacco smoking and overeating as habits affecting
health
Causes and prevention of infectious diseases
- An introduction to bacteria viruses, fungi and
protozoa as disease causing microorganisms
- The spread of infectious disease by air, water, food,
vectors and by contact.
Sexually transmitted diseases
- The spread of STDS and the preventive measures
against the spread of STDS as exemplified by
syphilis, gonorrhoea and AIDS (Acquired Immune
Deficiency Syndrome)
Physical Education
S4-5 Effect of regular exercise for the maintenance of good general health and well being
- Exercise effect on the cardio-respiratory system; the alleviating of coronary heart disease, high blood
pressure and obesity
HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995 4277
Acute Hepatitis B and Hepatitis C Cases among Prisoners
18. DR HUANG CHEN-YA asked (in Chinese): Will the Government inform this Council of:
(a) the number of cases and the incidence of acute Hepatitis B and Hepatitis C respectively among prisoners in each of the past three years; and
(b) the incidence of acute Hepatitis B and Hepatitis C respectively among the public as compared with those among prisoners?
SECRETARY FOR SECURITY: Mr President,
(a) The number of reported Hepatitis B cases among prisoners over the last three years is:
Year Cases
1992 10
1993 17
1994 27
There have not been any reported cases of Hepatitis C among prisoners over this period.
(b) According to the Director of Health, the numbers of reported cases of Hepatitis B and Hepatitis C in the general population over the last three years, including those cases in the prison population, are:
Year Hepatitis B cases Hepatitis C cases
1992 157 -
1993 116 -
1994 102 2
However, these figures may not represent the total number of Hepatitis B and Hepatitis C cases occurring in Hong Kong. From experience, not all cases of Hepatitis are reported or diagnosed as such. We cannot, therefore, accurately compare the incidence of Hepatitis B and Hepatitis C in the general population with that among prisoners.
4278 HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995
Accommodation for Divorced Tenants of Hong Kong Housing Society's Rental Flats
19. MR ALBERT CHAN asked (in Chinese): It is learnt that since its establishment, the Hong Kong Housing Society (HKHS) has not laid down any policy on the splitting of tenancies on compassionate grounds for tenants of rental housing estates under its management. In view of this, will the Government inform this Council whether:
(a) it will provide assistance to dirooced tenants of HKHS's rental flats who have to move out of their flats but are unable to find alternative accommodation due to the lack of financial resources;
(b) it is aware of the reasons why the HKHS refuses to offer separate rental flats for a couple whose divorce has been declared by the court; and
(c) it will require the HKHS to formulate a policy on the splitting of tenancies on compassionate grounds similar to that of the Housing Authority so as to enable divorced couples to live separately?
SECRETARY FOR HOUSING: Mr President,
(a) The Compassionate Rehousing Scheme, administered by the Housing Authority, caters for people in the territory with an urgent need for housing as a result of special medical or social problems. Public rental housing may be offered, subject to the assessment by and recommendation of the Social Welfare Department. The scope of the scheme was extended in 1991 to cover the urgent housing needs of those seeking divorce. Like people living in other types of accommodation, divorced tenants living in rental flats of the Housing Society may also apply for compassionate rehousing under this scheme.
(b) The Housing Society normally allows the divorced party who has been granted custody of the children to continue to occupy the flat previously occupied by both spouses. If the party concerned is not the principal tenant of the flat, the Housing Society will persuade the principal tenant to give up the tenancy. If persuasion fails, the
HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995 4279
Housing Society may serve a notice to quit. Non-compliance will be dealt with in the District Court. Because of its small number of rental flats and the low turnover rate, the Housing Society does not have adequate resources to grant extra flats to divorced tenants. Those with housing difficulties are advised to contact the Social Welfare Department with a view to applying for assistance under the Compassionate Rehousing Scheme.
(c) Since the Compassionate Rehousing Scheme already meets the purpose, it is not necessary to require the Housing Society to set up a new scheme for divorced tenants.
Special Schools
20. MR TIK CHI-YUEN asked (in Chinese): Will the Government inform this Council of:
(a) the demand and supply in respect of special school places in various districts for the next academic year;
(b) the number of classes and the size of different types of classes in special schools, including the classes for the severely mentally handicapped, the moderately mentally handicapped, the mildly mentally handicapped and the physically handicapped, as well as the skills opportunity classes, the classes for the deaf, the blind, the maladjusted and the multi-handicapped, in each of the past ten years; and
(c) the turnover rates of physiotherapists, occupational therapists and speech therapists in special schools in the past three years?
SECRETARY FOR EDUCATION AND MANPOWER: Mr President, special school places are provided for pupils who have more complex special educational needs and/or who cannot benefit from education in ordinary schools because of the severity of their disability.
4280 HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995
(a) The estimated demand and supply of special school places by category and by district for the 1995-96 school year is set out at Annex A. Special school places are provided on a territory-wide basis although in practice special schools have been built as far as practicable in areas with demonstrated demand.
(b) The provision of different types of special school places including the class size and the number of classes for each of the last 10 years is set out at Annex B. Skills opportunity schools have not been included because they are not classified as special schools. With the exception of blind children with mental handicap, multi handicapped children are placed in special schools appropriate to their major handicap. Their provision is, therefore, not shown separately.
(c) The wastage rates of physiotherapists, occupational therapists and speech therapists for the past three years are as follows:
Wastage rates
1991-92 1992-93 1993-94
Physiotherapist 41.7% 73.4% 69.6% Occupational therapist 12.5% 22.6% 49.4% Speech therapist 33.3% 42.9% 33.3%
In this context, wastage rate is defined as the number of staff who have left their posts during the school year expressed as a percentage of the strength in their relevant grade at the beginning of that school year.
7 June 1995
Estimated No. of Special Schools Places for 1995/96
HONG KONG LEGISLATIVE COUNCIL ―
(Projection made in June 1995)
SMH MOMH MIMH MAL PH DFBL
S
Demand Supply Demand Supply Demand Supply Demand Supply Demand Supply Demand SupplyDemand
31 70 107 49 25 23 7
CW
18 100 42 200 64
29
15 140 14
4
WC
67 190 153 200 234
108
56 90 51
15E
32 180 73 140 111 240 52 200 26
24 210 7
S
148 470 338 540 516 240 238 200 122 230 112 210 33
HK Sub-T
29
68 200 103
48 24 23 7
YTM
36 130 82 200 124 420 58
30 27 8
SSP
38 100 88 200 133 105 62
32 29 9
KC
43 200 98
149 90 69
36 270 33
10WTS
57 190 130 200 198
94 230 47
44 13KT
203 620 466 800 707 615 331 230 169 270 156 0
47Kln Sub-T
68 220 155 360 236
110 120 55 240 51
16K&T
28 64 98
45 40 24
22 7
TW
79 150 182 300 277
130 65 60 18TM
57 100 129 200 198
89 47 41 12YL
38 30 87 240 133
61 31 28 9
N
48 110 110
168 78 39 35 11TP
82 160 189 400 287
136 100 68
62 18ST
34
77 200 117
53 28 24 8
SK
3
8
11 75 5
3
2
1
Is
437 770 1001 1700 1525 75
707 260 360 240 325 0
100NT Sub-T
788 1860 1805 3040 2748 930 1276 690 651 740 593 210 180
TOTAL
* excluding hospital school, the provision of such places is planned according to actual need
Blind
BL:
Note:
Deaf DF:
Physically Handicapped PH:
Maladjusted MAL:
Mildly Mentally Handicapped MIMH:
Moderately Mentally Handicapped MOMH:
Severely Mentally Handicapped SMH:
Hospital School at 15 different locations
HS:
[Excel SSPLA95a.XLS]
4284 HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995
MOTIONS
MAGISTRATES ORDINANCE
THE SECRETARY FOR HEALTH AND WELFARE moved the following motion: "That the Third Schedule to the Magistrates Ordinance be amended by adding -
"12. Smoking (Public Health)
An offence against section 3(2) or 4(1) of the Smoking (Public Health) Ordinance (Cap. 371)."."
She said: Mr President, I move the motion standing in my name in the Order Paper. This motion seeks to incorporate two smoking offences under the Smoking (Public Health) Ordinance (Cap. 371) into the Third Schedule of the Magistrates Ordinance. Details of the two smoking offences are set out in the motion.
The Third Schedule of the Magistrates Ordinance provides defendants with an opportunity to plead guilty by letter without attending court to answer summonses if they decide not to dispute their liability for any of these offences.
Incorporating the two offences into the Third Schedule will have three benefits: first, each defendant need not spend time in court attendance; second, the time of prosecuting officers in the relevant departments will be saved; and third, the workload of the court will be reduced in terms of staff and time.
Mr President, I beg to move.
Question on the motion proposed, put and agreed to.
INTERPRETATION AND GENERAL CLAUSES ORDINANCE
THE SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS moved the following motion:
"That -
(a) the functions exercisable by the Director of Buildings by virtue of section 3(2)(a)(ii) of the Chinese Permanent Cemeteries Ordinance (Cap. 1112) be transferred to the Director of Lands;
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(b) section 3(2)(a)(ii) of the Chinese Permanent Cemeteries Ordinance (Cap. 1112) be amended by repealing "Director of Buildings" and substituting "Director of Lands".".
He said: Mr President, I move the motion standing in my name in the Order Paper.
At present, the Director of Buildings serves as an ex officio member of the Board of Management of the Chinese Permanent Cemeteries having inherited that function from the former Director of Buildings and Lands when the Buildings and Lands Department was split. Experience indicates that the issues involved are more on the "land" side than on the "building" side, and it is more appropriate for the Director of Lands rather than the Director of Buildings to serve as an ex officio member of the Board.
This resolution provides for the transfer of statutory functions under section 3(2)(a)(ii) of the Chinese Permanent Cemeteries Ordinance (Cap. 1112) from the Director of Buildings to the Director of Lands and replaces the reference to the Director of Buildings in that Ordinance, with a reference to the Director of Lands.
Mr President, I beg to move.
Question on the motion proposed, put and agreed to.
BILLS
First Reading of Bills
ELECTORAL PROVISIONS (MISCELLANEOUS AMENDMENTS) BILL 1995 HONG KONG ASSOCIATION OF BANKS (AMENDMENT) BILL 1995 MEDICAL REGISTRATION (AMENDMENT) BILL 1995
WONG WAI TSAK TONG (RENEWAL AND EXTENSION OF SUB-LEASES) BILL
Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
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Second Reading of Bills
ELECTORAL PROVISIONS (MISCELLANEOUS AMENDMENTS) BILL 1995
THE SECRETARY FOR CONSTITUTIONAL AFFAIRS moved the Second Reading of: "A Bill to amend the Legislative Council (Electoral Provisions) Ordinance, the Electoral Provisions Ordinance, the Oaths and Declarations Ordinance, the Regional Council Ordinance, the District Boards Ordinance and the Independent Commission Against Corruption Ordinance."
He said: Mr President, I move that the Electoral Provisions (Miscellaneous Amendments) Bill 1995 be read the Second time.
The current Bill comprises two sets of amendments. The first set proposes to transfer a number of statutory powers and functions vested in the Governor in his former capacity as the President of the Legislative Council to other authorities. The second set of amendments proposes to reduce the residential qualifying period for candidature.
Let me start with the first set of proposals. Following the Governor's stepping down from this Council's Presidency in February 1993, some statutory powers and functions vested in the Governor in his former capacity as the President will need to be transferred to other authorities. I shall briefly explain these powers and functions, and the respective amendments in the Bill.
Firstly, at present, a Member elected to this Council shall be treated as having accepted office unless he gives notice in writing to the Governor of his non-acceptance within seven days after the election result is published in the Gazette. Clauses 2 and 10 of the Bill provide that the requisite notice should henceforth be given to the Clerk to this Council.
Secondly, an elected Member of this Council may now resign by giving notice in writing to the Governor. Clauses 3 and 11 provide that in future such notices should be given to either the Legislative Council President or the Clerk to the Legislative Council. The Clerk is included as one of the "authorized recipients" to cater for situations where it is the President who resigns, or when the President is not available.
Thirdly, existing electoral legislation provides that an elected Member of this Council who has failed for three consecutive months in the same Legislative Council Session to attend any sitting of the Council will be disqualified, unless the absence is excused by the Governor. Clauses 4 and 12 provide that in future the President of this Council shall have the power to excuse non-attendance.
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The Bill also provides that if it is the President who is absent for three consecutive months, this Council shall have the power to excuse his non-attendance.
Fourthly, under current legislation, the Governor shall declare, by notice published in the Gazette, that a vacancy exists in this Council within 21 days after the vacancy has come to his knowledge. Clauses 5, 6, 13 and 14 provide that when a casual vacancy arises in future, the declaration is to be made by either the President or the Clerk to this Council.
Lastly, under the Oaths and Declarations Ordinance, a Member of this Council is required to take the appropriate oath before the President or any other Member presiding as soon as he is appointed or elected. With the Governor stepping down from the Presidency, the question will arise as to who should administer oaths to Members at the first sitting in October 1995 before the election of the President. Clause 18 provides that oaths taken by the Members of this Council at the first sitting and before the election of the Legislative Council President shall be tendered by the Clerk to the Council, while oaths taken at any other sitting shall be tendered by the President or the Member acting in his place.
I now turn to the other set of proposals in the Bill. Under our electoral laws, a candidate, regardless of whether or not he is a permanent resident, must have ordinarily resided in Hong Kong for the 10 years immediately preceding his nomination. In addition, he must be a registered elector. The rationale for having some form of residential requirement is to ensure that candidates have sufficient local knowledge so that, if elected, they can effectively represent their constituents.
We have reviewed the residential qualifying period in the light of a recent court case and public comments. Clauses 8 and 16 now propose to relax the requirement from ten-year immediately preceding the date of nomination to three-year immediately preceding the date of nomination. We believe that this new qualifying period is sufficiently short to meet the Bill of Rights requirement, but sufficiently long to ensure that candidates have adequate first-hand and up-to-date knowledge of local conditions.
Mr President, I should like to say a few words on timing. Nominations for the Legislative Council Elections will start on 1 August. Amendments to the residential qualifying period for candidature should be enacted well before then so that aspiring candidates can have a clear idea of where they stand. In addition, the various amendments arising from the Governor stepping down from the Presidency of this Council should also be in place before the end of the current Legislative Council Session. I would therefore urge this Council to give early and favourable consideration to this Bill, which has indeed been discussed
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with Members, especially with Members of the Subcommittee on Procedural Matters and the Constitutional Affairs Panel.
Thank you, Mr President.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
HONG KONG ASSOCIATION OF BANKS (AMENDMENT) BILL 1995
THE SECRETARY FOR FINANCIAL SERVICES moved the Second Reading of: "A Bill to amend the Hong Kong Association of Banks Ordinance."
He said: Mr President, I move the Second Reading of the Hong Kong Association of Banks (Amendment) Bill 1995.
The principal purpose of the Bill is to enable the Bank of China to rotate as Chairman and Vice-Chairman of the Committee of the Hong Kong Association of Banks, along with the Hongkong and Shanghai Banking Corporation and the Standard Chartered Bank. We agree with the Committee of the Hong Kong Association of Banks, which has initiated the proposal, that this is a logical step forward in recognition of the increasingly important role played by the Bank of China in the local banking system. Members are aware that the Bank is one of the continuing members of the Committee of the Hong Kong Association of Banks and it became the third note-issuing bank in 1993.
At present, there are no explicit criteria on eligibility as a continuing member. We have taken the opportunity to define continuing members by reference to their status as note-issuing banks, which is now their main distinguishing characteristic.
The present two-year term of the chairmanship of the Committee will be shortened to one year. We agree with the Hong Kong Association of Banks that a two-year term is probably too long given the increasing demands placed on the chairman bank. Furthermore, a shorter tenure would mean that a continuing member would only have to wait for two years before serving as the Chairman, instead of the present four years.
As regards the rotation sequence of the chairman banks, the Bill enables the incumbent bank, the Standard Chartered Bank, which has an original term ending in 1996, to serve a one year term until the end of 1995, to be followed by the Bank of China in 1996 and the Hongkong and Shanghai Banking Corporation in the following year. The three banks will normally rotate in that sequence thereafter.
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Besides provisions on chairmanship, the Bill also seeks to introduce a number of other amendments to the Ordinance, including provisions to cater for the introduction of a new inter bank payment system and changes to the authority for some of the powers exercisable by the Governor in Council with a view to ensuring consistency with amendments already proposed to the Banking Ordinance recently, and to relieve the burden on the Governor in Council of considering matters which do not involve major policy issues.
Mr President, the Bill contains a number of useful amendments necessary to enhance further the stature of the banking system in Hong Kong and to cater for developments in the banking sector.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
MEDICAL REGISTRATION (AMENDMENT) BILL 1995
THE SECRETARY FOR HEALTH AND WELFARE moved the Second Reading of: "A Bill to amend the Medical Registration Ordinance."
She said (in Cantonese): Mr President, I move that the Medical Registration (Amendment) Bill 1995 be read the Second time.
Certain legislative provisions for the administration of the medical profession are outdated as a result of changes in circumstances over time. This Bill proposes six major areas of change.
The first proposed change is concerned with the composition of the Medical Council, which at present comprises 14 members appointed by the Governor. Since 1978 the number of registered medical practitioners has grown from 3 029 to 7 779, the number of complaints has increased from 27 to 170 and the number of formal disciplinary hearings has increased from 4 to 29. The Council needs to be expanded to enhance its representation and to meet this increasing workload. The Bill proposes a new Council of 24 members, with expanded representation from, inter alia, the University of Hong Kong, Chinese University of Hong Kong, Hong Kong Medical Association and the lay sectors. These 24 members shall include 12 elected members - six to be elected from all registered medical practitioners on the General Register and the rest to be elected by the council members of the Hong Kong Medical Association. The introduction of elected members in the Medical Council is is line with Government's policy of encouraging greater involvement of the profession in its own affairs.
Under the existing Medical Registration Ordinance, holders of the United Kingdom, Irish and certain Commonwealth diplomas are automatically entitled to register as medical practitioners in Hong Kong. This is discriminatory and would appear to contravene the provisions of the General Agreement on Trade in Services. Our second proposal is to introduce a universal licensing
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examination which practitioners seeking registration in Hong Kong will have to pass, no matter where they received their training. This will provide a level playing field to those seeking to enter the profession in Hong Kong. I hope that, within this much fairer structure which we are proposing, the enlarged Medical Council will consider entry to the profession by foreign-trained medical practitioners in as liberal a spirit as possible without compromising patients' safety or standards of medical care.
The introduction of a Specialist Register is our third proposed change. We have at present a register of medical practitioners. However, the community has no means of knowing which of those practitioners may be qualified to practise in a certain medical speciality. A Specialist Register is proposed to be established to allow for the formal registration and control of medical specialists. A General Register will take the place of the existing register.
Our fourth proposal paves the way for medical practitioners-in-change of exempted clinics to apply for limited registration. These practitioners have, over many year, provided a useful service to the community, especially to those who are less well off. They should be allowed, without comprising patients' safety and standards of professional care, to practise under the provisions of limited registration.
The existing Ordinance provides for the establishment of a Licentiate Committee and a Preliminary Investigation Committee. We propose to enshrine in law various other important aspects of the Council's work through the establishment of three other statutory committees. They are the Health Committee, the Education Committee and the Ethics Committee.
Our last proposed change concerns disciplinary proceedings. We propose that the Medical Council and its Health Committee should be empowered to prohibit the disclosure of information relating to an inquiry by the Council or a hearing by the Health Committee, if it is in the interests of the complainant, defendant or witness.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
WONG WAI TSAK TONG (RENEWAL AND EXTENSION OF SUB-LEASES) BILL
THE SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS moved the Second Reading of: "A Bill to provide for the renewal and extension of certain sub-leases of land on Cheung Chau held by Wong Wai Tsak Tong, and for related matters."
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He said: Mr President, I move the Second Reading of the Wong Wai Tsak Tong (Renewal and Extension of Sub-leases) Bill.
The Wong Wai Tsak Tong is the registered owner of about 90% of the private land on Cheung Chau. The Tong holds the land under the Block Crown Lease dated 18 March 1905 and under several new grants made after that date, with the leases and grants expiring on 27 June 1997. Most of the land owned by the Tong has been sub-leased on renewable five year terms.
The New Territories Leases (Extension) Ordinance extended the term of most New Territories leases, including that of the Tong, to 30 June 2047.
During the late 1980s, disputes began to arise between the Tong and the sub-lessees. The main areas of concern were related to the renewal of sub-leases, payment of government rent and redevelopment of the sub-leased land. Attempts to resolve the disputes in the courts failed. In November 1994, most of the sub-leases expired, However, owing to the disputes between the two parties, we understand that a majority of the sub-leases have not been renewed.
These are prima facie private disputes between the Tong and its sub-lessees and should be resolved between the two parties. However, the disputes have over the years built up to the extent that they are undermining the Government's proper land administration in Cheung Chau and causing social unrest in the community. Property transactions in Cheung Chau are currently effectively frozen as a result of the dispute, which has led to many sub-leases not being renewed, creating uncertainty to title. These are public issues which the Government must address.
The purpose of the Wong Wai Tsak Tong (Renewal and Extension of Sub-leases) Bill is to introduce an objective, practical and fair solution to address the points of dispute between the Tong and its sub-lessees.
First, the Bill provides for the automatic renewal and extension of sub-leases. All sub leases which expire before the commencement of the legislation, provided that they have at some time in the past been registered in the Land Registry, will be deemed to have been renewed from the date of expiry to the day immediately before the commencement of the legislation. New sub-leases will be deemed to be granted from the date of commencement of the legislation. These new sub-leases will expire on 27 June 2047.
When sub-leases registered in the Land Registry expire after the commencement of the legislation but before 1 July 1997, they will be deemed to be granted upon their expiry as sub leases which will end on 27 June 2047.
Second, the Bill proposes that government rent will be payable directly to the Government by the sub-lessees whose sub-leases are renewed under clauses 4 and 5 of the Bill. From 1 July 1997, government rent will be set at 3% of the rateable value of the property as provided in Annex III to the Sino-British Joint
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Declaration. These amounts will be payable by the sub-lessees direct to the Government from 1 July 1997.
There is one exception to the renewal and payment of government rent provisions. These are sub-leases which have been granted or renewed for terms extending beyond 9 November 1994 and under which the Tong and the sub-lessee have agreed on the amount of rent payable to the Tong after 30 June 1997. These sub-leases are excluded because they result from agreements freely entered into and it is the Government's intention to keep its interference with private contracts to the minimum.
The Bill also proposes that unless the Tong satisfies the Director of Lands that it has reasonable grounds for objecting to a modification or exchange, or the Director of Lands considers that the application should be refused for other reasons, the Director may approve the modification of exchange applied for. Upon such approval and tendering of the specified amount to the Tong, the Tong will be deemed to have agreed to the modification or exchange and will be obliged to execute the necessary documentation for the modification or exchange.
The Tong will be entitled to charge sub-lessees an amount equal to 10% of the premium payable to the Government in respect of the modifications and exchanges. This is to recognize the Tong's status as the lessee under the Block Crown Lease and the fact that, but for the legislation, the Tong would not have been obliged to agree to enter into any modifications and exchanges of land sub-leased.
If the Bill is enacted, sub-lessees will have certainty as to their sub-leases through to 27 June 2047. They will pay government rent direct to the Government. The Tong will not be able to delay redevelopment proposals requiring modifications and exchanges. As a result, the sources of much of the friction between the sub-lessees and the Tong should be removed.
Under the Bill, the Tong's legal position will be maintained in the sense that the rights and liabilities of the Tong and a sub-lessee under the sub-leases extended and renewed by the Bill will not be affected by the Bill, except as specifically provided for under the Bill.
While we were formulating this Bill, there were calls for the status of the Tong as the Crown Lessee to be abolished and the sub-leased land be granted to the sub-lessees.
Mr President, I would like to emphasize that one of the most important foundations for Hong Kong's society and its success over the years has been the Government's long-standing policy of respecting and protecting private property rights. Although legislating to remove the Tong's interest in the sub-leased land would be in the interest of the sub-lessees, it obviously deviates from this policy and might be seen as setting an undesirable precedent for the
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Government to use legislation to abolish private property rights. We therefore do not propose such a course of action.
The proposed Bill will achieve a fair, objective and practical solution to the dispute between the two parties and recognize as far as possible the legitimate interests of both parties, without taking away any property rights. I commend it to Members for favourable consideration.
Thank you, Mr President.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
PENSIONS (SPECIAL PROVISIONS) (THE HONG KONG INSTITUTE OF EDUCATION) BILL
Resumption of debate on Second Reading which was moved on 17 May 1995 Question on the Second Reading of the Bill proposed, put and agreed to. Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
ROAD TRAFFIC (AMENDMENT) BILL 1995
Resumption of debate on Second Reading which was moved on 22 February 1995 Question on Second Reading proposed.
MR WONG WAI-YIN (in Cantonese): Mr President, the Road Traffic (Amendment) Bill 1995 was introduced into the Legislative Council on 22 February 1995. The main provisions in the Bill seek to set a prescribed limit for alcohol concentration in a driver's breath, blood and urine and to impose a legal obligation on suspected offenders to be subject to tests. Other provisions in the Bill seek to:
(a) empower the Secretary for Transport to make regulations to cancel or withdraw special vehicle registration marks and to adjust the level of special fees to be charged for registration marks;
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(b) empower traffic wardens to require a traffic offender to give his name and address and lift the restriction on traffic wardens to join trade unions; and
(c) delegate the Governor's power to the Financial Secretary to vary fees charged at car testing centres and vehicle emission testing centres.
A Bills Committee, of which I am the Chairman, was set up to study the Bill. The Bills Committee held two meetings with the Administration.
I will briefly go into the main issues considered by the Bills Committee.
The first area of concern is whether the prescribed limit of alcohol concentration proposed in the Bill is appropriate. Some Members considered that the proposed limit of 80 mg of alcohol in 100 ml of blood should be lowered to 50 mg. They pointed out that the proposed limit of 80 mg, which is the standard adopted in the United Kingdom and most European Union countries, might not be suitable for Hong Kong where local traffic conditions required higher concentration on the part of drivers and called for tighter control on drunken driving. In support of their proposal, they referred to a relevant research conducted by the Hong Kong Medical Association which recommended a lower limit of 50 mg in Hong Kong.
The Administration considered that there was no strong justification for a lower limit of 50 mg in Hong Kong at the present stage. It explained that since this was the first time a prescribed alcohol concentration limit was set in Hong Kong, references were made to the limits set in other countries. As the more commonly adopted standard was 80 mg, it was reasonable to use it as a starting point in Hong Kong. It would conduct a review one year after the introduction of the limit to assess the need to lower the prescribed limit. Most Members in the Bills Committee had no objection to the Administration's explanation. My colleague, Dr the Honourable LEONG Che-hung, will move an amendment at the Committee stage to lower the prescribed alcohol concentration limit.
The second area of concern to Members is how the proposed provisions will be enforced by the police. In response to Members' request, the Administration provided a paper setting out the police internal guidelines for the enforcement of the new legislation for Members' reference.
Members were concerned over the number of trained officers and equipment available to conduct the breath tests and the time gap between the screening breath test and the evidential breath test. The Administration informed Members that a total of 50 hand-held samplers would be purchased for the five police regions. In each region, there would be up to nine trained breath sampling officers on a shift. As regards the time gap between the screening and evidential breath tests, it was estimated that there would be about
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15 to 20 minutes and its effect on the alcohol level in the suspected drunken driver's blood would not be significant.
A Member also voiced his concern over the proposed new section 39E(3), which provides that if the medical practitioner objects on medical grounds, the requirement for the provision of a specimen of breath, blood or urine for analysis/test shall not be made. The Administration explained that the new provision was made to cover situations where a medical practitioner might raise objection to the police's request that breath, blood or urine specimen had to be taken from the patient because conditions of hospital inmates were so serious that priority consideration had to be given to them. In view of Members' concern, the Administration will move an amendment at the Committee stage to require the examining medical practitioner to state in writing the reasons for refusing to allow his patient to provide such specimen.
Another area of concern to Members is the penalty for drunken driving. The Bill provides that a person who commits offences connected with drunken driving is liable on summary conviction to six months' imprisonment, same as for careless driving offences, compared with 12 months' imprisonment for reckless driving. A Member considered that drunken driving was a serious offence comparable to reckless driving and called for heavier penalties.
The Administration explained that the proposal to increase the penalty would necessitate a corresponding increase in the penalty for second and subsequent offences to the level of reckless driving causing death, which was the next more serious offence provided in the Road Traffic Ordinance. The proposal would also raise a possible Bill of Rights issue arising from the guarantee of equality in Article 22 of the Bill of Rights. Under the proposal, in the Magistrates' Court, first offenders are given penalties equivalent to those for reckless driving, but on a second or subsequent offence they are treated as if they were guilty of reckless driving causing death. On indictment, in the District Court, however, the maximum penalty for a second and subsequent offence is equivalent only to reckless driving and not reckless driving causing death. It thus may be argued that placing someone in the Magistrates' Court for a second or subsequent offence in unfair to him or her because of the unequal treatment when compared with someone transferred to the District Court.
In the light of the above consideration, Members agreed to the Administration's suggestion that the existing penalty provisions in the Bill be retained but their effectiveness would be included in the review to be conducted 12 months after the introduction of the new drunken driving provisions.
The Administration has informed Members that it will conduct a review 12 months after the enactment of the legislation to assess the need:
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(a) to lower the prescribed alcohol concentration limit;
(b) to increase the penalty for drunken driving;
(c) to conduct random breath testings; and
(d) to provide more resources for breath testing.
Mr President, with these remarks, I commend the Road Traffic (Amendment) Bill 1995 to Honourable Members.
DR LEONG CHE-HUNG: Mr President, the medical profession welcomes the introduction of the Bill in bringing the Road Traffic Ordinance, in particular the prosecution of drunken driving, into actual effect.
This is done through imposing a legal obligation upon suspected offenders to be subject to levels of alcohol testing. But, Mr President, with regret, the proposed Bill does not go far enough and as usual it projects the issue that the Government is always testing the water and there is no political wit nor determination to put things into perfection even if it is for public safety. It is on this basis, for public safety, that I will be moving amendments to this Bill on behalf of the medical profession at a later stage.
The related Legislative Council Brief stated very clearly that "drunken driving is now a matter of public concern and there is evidence that it has been the cause of some recent traffic accidents". The local statistics is that 6.4% of drivers killed in road accidents are the result of drunken driving. Mr President, this must be a gross underestimation of traffic accidents during drunken driving, for unless the driver is dead there has not been a compulsory requirement for alcohol testing so far. Furthermore, the number of non-drivers, that is, passengers and ordinary pedestrains, either killed or injured because of the driver driving under the influence of alcohol are not taken into account. In essence, therefore, driving under the influence of alcohol is a menace.
Mr President, at the end of the day, for real public safety, the motto must be "Do not drink if you want to drive" or "Drink if you must but do not drive".
Medical opinions have shown that if the alcohol blood level is in the region of 50 mg or above/100 ml, it might affect the driver's ability to identify risks, and at the level in the region of 80 mg/100 ml or above, it would likely affect the driver's ability to drive. In essence therefore a blood alcohol level of 50 mg/100 ml and above is just as dangerous as it may cloud the person's decision during the many processes of driving.
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Medical opinion too indicates that the effect of the influence of the level of alcohol varies with person to person. Even in the same individual it varies with his general well-being, for example his mood, whether there is any lack of sleep and so on and so forth.
The medical profession therefore stands firm to the effect that if the Government is serious in preventing the danger of drunken driving, the level of blood alcohol must be dropped to at least 50 mg/100 ml as the highest level. This is supported by the World Health Organization. Using a level of 80 mg/100 ml serves only a primitive purpose, while dropping to 50 mg will be of preventive nature.
Mr President, our public deserve much more than a second-rate protective measure.
With regrets, some Members of this Council have approached me to raise their objection to any amendment. They said, "This is too draconian." They say, "You would not allow people even to have a couple of glasses of beer." With respect, whilst the medical profession do realize that there could well be harmful effect in drinking, we are not here to ban alcoholic consumption. Rather, what we are saying is "Drink any amount if you like. But if you do, do not drive or if you want to drive, do not drink". Remember, the danger is not only to yourself ― the driver, but to the innocent pedestrians and the possibly sober passengers whom you may be carrying.
The Administration has said and I am sure it will say again that this is the first time a prescribed alcohol concentration limit in drivers' blood is being introduced and that a review will be conducted in a year's time to assess the need of lowering the prescribed limit.
Let me sound a word of warning and that is, the review may well see a need to lower the limit in the course of time, but before that, many innocent and useful lives would have been destroyed or lost.
Mr President, if the Administration is true to public safety, if Members of this Council really have the safety of our people at heart, then support my amendment. After all, there is very little to give up if you are drivers by forgoing the transient pleasure of drinking for the total safety of our population.
MR LEE WING-TAT (in Cantonese): Mr President, I do not drive but would occasionally drink, though I am not a heavy drinker. So I believe that I will not hurt any innocent passers-by as a result of drunken driving.
On this issue, the Democratic Party basically supports the Government's suggestion. Although in the long run, we will throw our support behind Dr LEONG's proposal that "Do not drink if you want to drive. Drink if you must
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but do not drive, we support this first step of the Government's for the following reasons: First of all, there is basically no such provision in the existing laws. This is therefore a good first step to serve as a reminder to the public, in particular drunken drivers, that drunken driving is detrimental to both the drivers and the other people. Secondly, there has been a lot of debates in the medical profession on the level of alcohol concentration above which a person will be affected. The 50 mg limit suggested by Dr LEONG and the 80 mg limit suggested by the Government have been adopted in various countries and regions, there is yet to be a consensus. We believe that 80 mg would be an acceptable starting point. Thirdly, we are worried that a stringent requirement may, on the surface, impose severe punishment on the drunken drivers, but actually it will be doubtful whether the law will be effectively enforced for the police may not have adequate manpower to undertake examination and prosecution duties because merely one to two glasses of beer may render the drivers liable to punishment for breaching the law.
The other point that we agree is the availability of statistical figures relating to traffic accident investigations and the number of casualties resulting from drunken driving in the territory after the legislation has been enacted for some time. When the figures on drunken driving causing casualties are available, the accumulated data can reveal to us the seriousness of drunken driving causing casualties in Hong Kong. If it turns out that the seriousness is as Dr LEONG has put it, the Democratic Party wholly supports a review one year after the enactment of this Ordinance, with a view to amending the legislation to lower the prescribed limit of alcohol concentration.
Mr President, last but not least, I wish to touch upon a point that we raised when scrutinizing the Bill, that is, nuisance may be caused to drivers when the police use the power in this respect and also the possibility of abusing that power. Since drunken driving can give rise to disputes between drivers and law enforcement officers, allegations involving human rights may be easily entailed if that power is not exercised properly. Unnecessary troubles would then be created between drivers and police officers. In view of this, I hope that the Government can pay attention to this point when enforcing the law.
SECRETARY FOR TRANSPORT: Mr President, may I begin by expressing the Administration's gratitude to the Honourable WONG Wai-yin and all the other Honourable Members who served on the Bills Committee, for their thorough and painstaking study of the Road Traffic (Amendment) Bill 1995.
There is now clear evidence, based on autopsy reports conducted on drivers killed in traffic accidents, that drunken driving is a real problem in Hong Kong. Indeed, drunken driving is already an offence under the Road Traffic Ordinance but enforcement and prosecution have proven to be very difficult because the present legislation does not specify a blood alcohol limit, nor are suspected offenders required by law to provide samples of their breath, blood or urine. Drunken driving results in traffic accidents causing death and
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injuries, often to innocent third parties, and Hong Kong is one of the few places that does not have effective legislation to tackle the problem. Action is needed.
The main purpose of the legislation now before Honourable Members is to provide the necessary legislative teeth by stipulating a prescribed limit for the permitted alcohol concentration in a driver's blood, urine and breath, and to imposing a legal obligation on drivers to provide samples of blood, urine or breath for testing in certain specified circumstances. We are not introducing random breath testing, but drivers may be required to take a breath test if they are involved in traffic accidents, commit a moving traffic offence or if the police have reasonable grounds to suspect that they have been drinking. As the Honourable WONG Wai-yin has said, members of the Bills Committee have been fully briefed on the internal guidelines for applying these procedures.
We propose setting the prescribed alcohol limit at 80 mg of alcohol per 100 ml of blood because we believe it provides a reasonable starting point in Hong Kong, since, as I have explained, our present legislation contains no blood/alcohol limit whatsoever. Indeed, this follows the standard adopted in most European Union countries and is also the practice in many states in the United States and elsewhere.
Dr the Honourable LEONG Che-hung has given notice that he intends to propose a Committee stage amendment to reduce this limit to 50 mg. The Administration's view is that this more stringent standard, which would equate to about two or three drinks for most people, is difficult to justify at present. The ex officio Members will therefore vote against this proposed amendment.
But we certainly appreciate the intent behind the proposed amendment and the Administration undertakes to gather information based on the results of tests on drivers conducted in the first 12 months after the legislation takes effect. We will then review this information and consult the Legislative Council Transport Panel before deciding whether or not the blood/alcohol limit needs to be adjusted. Let me point out that the Bill has been drafted in such a way that the Secretary for Transport can vary the prescribed limit quite easily by means of a Gazette notice, which would then be subject to vetting by Members of this Council in the normal way.
We will also review the adequacy of penalties and equipment available to the police. Dr LEONG's citicism that the Administration is only prepared to test the water and not seek perfection is, with respect, unfounded. His proposal was discussed in depth by the Bills Committee but rejected. I thank the Honourable LEE Wing-tat for so eloquently presenting some of the counter arguments. And as I have said, what is important, Mr President, is that the Administration undertakes to review this within a year.
Mr President, the opportunity has also been taken in this Bill to make a number of minor amendments to the Road Traffic Ordinance relating to vehicle registration marks, the powers of traffic wardens, and the authority to vary the
4300 HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995
fees charged at vehicle testing centres and vehicle emission testing centres. These amendments have, likewise, been fully supported by the Bills Committee.
I shall be proposing a number of amendments to the Bill at the Committee stage which seek to improve the working of the proposed legislation.
Mr President, as Dr LEONG has said, the simple but essential message that the Administration is seeking to put across is that drink and drive do not mix. We will launch a publicity campaign but we need legislation to facilitate enforcement. With these remarks, I commend the Bill to Honourable Members.
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
TELEPHONE (AMENDMENT) BILL 1995
Resumption of debate on Second Reading which was moved on 10 May 1995 Question on the Second Reading of the Bill proposed, put and agreed to. Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
ESTATE DUTY (AMENDMENT) BILL 1995
Resumption of debate on Second Reading which was moved on 3 May 1995 Question on the Second Reading of the Bill proposed, put and agreed to. Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995 4301
DUTIABLE COMMODITIES (AMENDMENT) BILL 1995
Resumption of debate on Second Reading which was moved on 3 May 1995 Question on the Second Reading of the Bill proposed, put and agreed to. Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
Committee Stage of Bills
Council went into Committee.
PENSIONS (SPECIAL PROVISIONS) (THE HONG KONG INSTITUTE OF EDUCATION) BILL
Clauses 1 to 8 were agreed to.
ROAD TRAFFIC (AMENDMENT) BILL 1995
Clauses 1, 3 to 6 and 8 to 14 were agreed to.
Clause 2
DR LEONG CHE-HUNG: Mr Chairman, I move that clause 2 be amended as set out in the paper circulated to Members.
Proposed amendment
Clause 2
That clause 2 be amended, in the proposed definition of "prescribed limit" ― (a) in paragraph (a), by deleting "35 micrograms" and substituting "22 micrograms". (b) in paragraph (b), by deleting "80 milligrams" and substituting "50 milligrams".
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(c) in paragraph (c), by deleting "107 milligrams" and substituting "67 milligrams". Question on Dr LEONG Che-hung's amendment put.
Voice vote taken.
THE CHAIRMAN said he thought the "Noes" had it.
DR LEONG CHE-HUNG: I claim a division.
CHAIRMAN: Council will proceed to a division.
CHAIRMAN: We are in session, so would Members please preserve order? CHAIRMAN: Would Members please proceed to vote?
CHAIRMAN: Are there any queries? If not, the result will now be displayed.
Mr PANG Chun-hoi, Dr LEONG Che-hung, Dr LAM Kui-chun, Mr Eric LI and Dr Samuel WONG voted for the amendment.
The Chief Secretary, Mr Attorney General, Mr Financial Secretary, Mr Allen LEE, Mrs Selina CHOW, Mr HUI Yin-fat, Mr SZETO Wah, Mr TAM Yiu-chung, Mr Andrew WONG, Mr LAU Wong-fat, Mr Edward HO, Mrs Peggy LAM, Mr LAU Wah-sum, Mr Jimmy McGREGOR, Mrs Elsie TU, Mr Peter WONG, Mr Albert CHAN, Mr Vincent CHENG, Mr CHEUNG Man-kwong, Mr CHIM Pui-chung, Rev FUNG Chi-wood, Mr Frederick FUNG, Mr Timothy HA, Mr Michael HO, Dr HUANG Chen-ya, Dr Conrad LAM, Mr LEE Wing tat, Mr Fred LI, Mr MAN Sai-cheong, Mr Steven POON, Mr Henry TANG, Mr TIK Chi yuen, Mr James TO, Dr YEUNG Sum, Mr Howard YOUNG, Mr WONG Wai-yin, Dr TANG Siu-tong, Ms Anna WU, Mr James TIEN and Mr Alfred TSO voted against the amendment.
THE CHAIRMAN announced that there were five votes in favour of the amendment and 40 votes against it. He therefore declared that the amendment was negatived.
Question on the original clause 2 standing part of the Bill put and agreed to.
HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995 4303
Clause 7
SECRETARY FOR TRANSPORT: Mr Chairman, I move the amendments set out under my name in the paper circulated to Members.
The amendment to the new section 39B(2) seeks to standardize the wording used, so that "reasonable cause to suspect" will be a precondition in all cases before a police officer may require a person to provide a specimen of breath for a screening breath test.
The amendments to the new sections 39C, 39D and 39E are minor textual refinements.
The amendment to the new section 39E(3) requires a medical practitioner to state in writing his diagnosis justifying any objection he may have to his patient providing a specimen of breath, blood or urine for testing.
All these amendments have been discussed and agreed by the Bills Committee. Mr Chairman, I beg to move.
Proposed amendment
Clause 7
That clause 7 be amended ―
(a) in the proposed section 39B(2), by deleting "reasonable cause to believe" and substituting "reasonable cause to suspect".
(b) in the proposed section 39C(2)(b), by adding "or the hospital where the requirement is made" after "the police station".
(c) in the proposed section 39C(3)(a), by adding "certifying" after "as the statement)".
(d) in the proposed section 39C(4) and (5), by deleting "purporting to certify" and substituting "certifying".
(e) in the proposed section 39D(2), by adding "the" after "has provided".
(f) in the proposed section 39E(1), by deleting "is not required" and substituting "shall not be required".
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(g) by deleting the proposed section 39E(3) and substituting -
"(3) The requirement shall not be made if the medical practitioner
objects on the ground specified in subsection (4) and states in writing the diagnosis justifying the objection.".
Question on the amendment proposed, put and agreed to.
DR LEONG CHE-HUNG: Mr Chairman, I move that clause 7 be further amended as set out under my name in the paper circulated to Members.
Proposed amendment
Clause 7
That clause 7 be amended, in the proposed section 39D(2), by deleting "50 micrograms" and substituting "32 micrograms".
Question on the amendment proposed, put and negatived.
Question on clause 7, as amended, proposed, put and agreed to.
TELEPHONE (AMENDMENT) BILL 1995
Clauses 1 to 11 were agreed to.
ESTATE DUTY (AMENDMENT) BILL 1995
Clauses 1 to 5 were agreed to.
DUTIABLE COMMODITIES (AMENDMENT) BILL 1995
Clauses 1 and 2 were agreed to.
Council then resumed.
HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995 4305
Third Reading of Bills
THE ATTORNEY GENERAL reported that the
PENSIONS (SPECIAL PROVISIONS) (THE HONG KONG INSTITUTE OF EDUCATION) BILL
TELEPHONE (AMENDMENT) BILL 1995
ESTATE DUTY (AMENDMENT) BILL 1995 and
DUTIABLE COMMODITIES (AMENDMENT) BILL 1995
had passed through Committee without amendment and the
ROAD TRAFFIC (AMENDMENT) BILL 1995
had passed through Committee with amendments. He moved the Third Reading of the Bills. Question on the Third Reading of the Bills proposed, put and agreed to.
Bills read the Third time and passed.
PRIVATE MEMBER'S MOTIONS
PRESIDENT: I have accepted the recommendations of the House Committee as to the time limits on speeches for the motion debates and Members were informed by circular on 5 June. The movers of the motions will have 15 minutes for their speeches including their replies and another five minutes to reply to proposed amendments. Other Members, including movers of amendments, will have seven minutes for their speeches. Under Standing Order 27A, I am required to direct any Member speaking in excess of the specified time to discontinue his speech.
UNEMPLOYMENT PROBLEM
MR FRED LI moved the following motion:
"That in view of the fact that the unemployment rate has risen in recent months to the highest level in nine years, this Council urges the Government to adopt emergency measures to protect the employment of local workers and solve the livelihood problems of workers during periods of unemployment."
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MR FRED LI (in Cantonese): Mr President, I move the motion standing in my name in the Order Paper.
Hong Kong has long prided itself on its low unemployment rate. It was not until the recent escalation of unemployment rate to 3% that has sounded the alarm, waking the nine year-long prosperous dream of the Government and capitalists. We have been complacent about the low unemployment rates for so long that when we are faced with the highest unemployment rate in nine years, we cannot help but feel at a loss as to what to do. What is worrying is that the unemployment problem may continue to aggravate. In accordance with the forecast in the latest issue of the Hang Seng Economic Monthly, unemployment rate of 1995 will climb up to 3.2%. Therefore, we must take all the effective emergency measures immediately to solve the problems brought about by the high unemployment rate.
Nevertheless, regrettably, there are still government officials and people in the industrial and commercial sector who consider that an unemployment rate of 3% is not that serious and we should not be so alarmed because many advanced countries often have their unemployment rate reaching the level of 10% to 20%. Therefore, by comparison, our 3% is not worth mentioning. It is true that an unemployment rate of 3% may be considered as full employment in many foreign countries. But I have to strongly stress one point, that is, the labour force participation rate is only 66% in Hong Kong which is far lower than advanced countries in Europe and America as well as Japan. If Hong Kong's labour force participation rate were the same as that of the developed countries, the unemployment rate in Hong Kong might have in fact been as high as 7% to 8%. Because many people have been unable to find jobs for so long that they are forced to leave the labour market, like women who decide to stay at home as housewives and some become hawkers, and they are not listed as "unemployed" in the statistics.
Besides, advanced countries in Europe and America have a much better social security system to take care of the unemployed, such as the unemployment insurance payment and social security. But there is nothing like these that Hong Kong can boast of. Just like what we have been saying, "our people are living from hand to mouth". Even several ten thousand of unemployed workers will shock the community. According to the latest statistics of the Social Welfare Department, there were 5 302 cases of people receiving the Comprehensive Social Security Assistance (CSSA) on account of unemployment in April this year while in January this year, that is about four or five months ago, there were only 4 985 cases. From January till now, there has been an obvious upward trend in the number of unemployed workers receiving the CSSA allowance. In comparison with the same time last year, the increase is as high as 30%. If we do not solve the problem of high unemployment as soon as possible, it will become a heavy burden on the Hong Kong society.
HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995 4307
The Democratic Party launched a 120-hour relay hunger strike from 26 May to 31 May and another 24-hour hunger strike on 5 June. That means we have had a hunger strike for a total of 144 hours. Some of our regional branches, though not having participated in the hunger strike, have collected signatures. Todate, we have collected over 70 000 signatures from the public who support our moving this motion to call upon the Government to halt the importation of foreign labour. I believe that before colleagues entered this chamber to attend the meeting today, they had all seen the pieces of cloth outside the Legislative Council Building with the signatures of people who supported my motion on them. All these signatures were collected by the Democratic Party in various districts and the total length of the cloth is enough to almost completely round up this building. These are also the people's heartfelt wishes. Concerning the solution to the unemployment problem, the Democratic Party insists on four basic principles:
(1) to legislate on the termination of the labour importation policy as soon as possible; (2) to review the present retraining programme;
(3) to step up prosecution against illegal foreign workers; and
(4) to resolve the problems faced by the unemployed concerning their livelihood.
The Governor has been responding to the problem of high unemployment in high profile recently. He even convened a summit meeting yesterday to demonstrate that the Government has had the sincerity to resolve the problem. But as regards the termination of the labour importation policy, their attitude is still "no entry" and "no negotiation". There no wonder that ordinary people, especially the labour classes and unionists, all eyed this summit meeting of the Governor as "putting on a show". The Governor put forth 13 long, interim and short-term measures, part of them have in fact responded to the Honourable TAM Yiu-chung's amendment concerning increasing the manpower on the prosecution against illegal workers and imposing more severe penalties on those employers concerned. I believe that the Government's response later will also include these points. But unfortunately, the Government still refuses to face up to the question whether or not it should review the overall labour importation scheme, which includes the quota for 1 000 professionals, the quotas for airport workers and imported domestic helpers, to decide whether they have any impact on the employment of local workers. Why does the 13-point proposal not include the study of these problems?
The unemployment problem is imminent and we should not let the Government delay any longer. The amendment to be moved by the Honourable Henry TANG of the Liberal Party calling upon the Government to first study the increase of the unemployment rate will no doubt give the Government an excuse for stalling. Therefore, the Democratic Party will by no means support
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Mr Henry TANG's amendment, especially the part regarding the labour importation policy. The Democratic Party insists that the Government must put a stop to the labour importation policy at once. In the long run, the Legislative Council should be given the power to monitor and veto the labour importation policy through legislation. Therefore, we have decided to draft the Private Member's Bill on employment protection 1995. Members of the Democratic Party also submitted the outline of the Bill at the meeting with the Governor on 29 May.
Mr President, we have only one purpose for doing this, that is, we hope that through legislation, the Legislative Council can be given the power to monitor the labour importation policy. Of course, what is more important is that the Legislative Council can be given the legal power to abolish the labour importation policy so as to protect the employment opportunities of local workers. However, after we had announced our plan to move the Private Member's Bill, Mr Henry TANG and Mr TAM Yiu-chung, whether they were forced to respond or responded on their own, openly criticized the Employment Protection Bill of the Democratic Party. Mr TANG was so very efficient that he issued to the press via facsimile his response to our Private Member's Bill point by point. That was highly efficient, but unfortunately, Mr TANG had mistaken the spirit of our Bill and it is very puzzling. Mr TANG is a Member of the Liberal Party who represents the interests of the industrial and commercial sector. He deliberately said that we had accepted the labour importation policy and therefore he was glad. I feel that that was distortion, but I bear him no grudge. Because he represents the industrial and commercial sector, I do not have any particular feeling. But the fact that Mr TAM Yiu chung, who represents the labour sector and is also the Vice-chairman of the Hong Kong Federation of Trade Unions, followed suit to criticize that we had confusing stand has really left me in a fog.
Firstly, the notion that the Democratic Party has shifted its stand to support the importation of foreign labour on the issue of labour importation has totally distorted the spirit of our moving the Bill. The present labour importation policy of the Government is entirely an administrative measure. The Government imports foreign labour via various channels such as the General Labour Importation Scheme, the Importation of Labour Scheme for Airport Core Programme Projects, the scheme for importation of domestic helpers, and various forms of importation in the name of training programme and in the name of introducing technical experts and so on. The Legislative Council has no power to monitor or veto any of them whatsoever, let alone the termination of the labour importation policy. Therefore, we need the real monitoring power and vetoing power. Only through legislation can the Legislative Council effectively approve, examine and limit the quotas of the various kinds of imported labour and even completely terminate a certain or all quotas for the importation of labour and abolish the labour importation policy.
HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995 4309
Actually, another Members of the Democratic Party, the Honourable Michael HO, moved a Private Member's Bill on Immigration (Amendment) earlier demanding in the form of subsidiary legislation that administrative departments should submit all details of the importation of labour to the Legislative Council for examination and endorsement before they can become effective. And Dr the Honourable HUANG Chen-ya also moved a motion debate in the Legislative Council on the promotion of employment last month. At that time, Dr HUANG already revealed the Democratic Party's plan to move a Private Member's Bill on employment protection. Unfortunately, Mr Michael HO's amendment and Dr HUANG Chen ya's motion were both negatived by the Government in alliance with the Liberal Party. Actually, there are precedents in other countries where local workers are protected through legislation. In Singapore, the foreign worker programme is monitored under their ordinance for foreign labour employment. And in Taiwan, there is the employment service law protecting local workers' employment from the impact of imported labour.
The Democratic Party's stand against labour importation is so very clear that it should leave no room for any unreasonable misinterpretation. If anyone fears that the Legislative Council will be controlled by employers because many employers will be returned to the Legislative Council in October and thus make it more dangerous, this idea, I feel, is downright incomprehensible. Because without proper monitoring under legislation, the public's voice can never influence the Government's decision. However hard they chant the slogans, the Government can turn a deaf ear and refuse to budge. In the long run, only the formulation of a well-defined piece of legislation for employment protection can ensure that the local workers' employment opportunities can be protected and the labour importation policy effectively controlled.
Relatively more colleagues of the Democratic Party will speak on the motion that I propose today to supplement in detail our stand on the solution to the problem of the rise in unemployment rate. To state our stand, Mr Michael HO will analyse clearly the relationship between labour importation and the increase in unemployment rate; Dr HUANG Chen-ya will put forth the suggestions on how the retraining programme can be effectively carried out and how to step up the prosecution of illegal foreign workers; Dr YEUNG Sum will discuss in detail the provision of emergency assistance to the unemployed to solve the problems that they face at a welfare policy level. The Democratic Party will oppose Mr Henry TANG's amendment but support Mr TAM Yiu-chung's amendment.
Mr President, with these remarks, I move the motion.
Question on the motion proposed.
4310 HONG KONG LEGISLATIVE COUNCIL ― 7 June 1995
PRESIDENT: Mr Henry TANG and Mr TAM Yiu-chung have given notices to move amendments to this motion. As Members were informed by circular on 1 June, under Standing Order 25(4) I shall ask Mr Henry TANG to speak first, to be followed by Mr TAM Yiu-chung; but no amendments are to be moved at this stage. Members may then debate the main motion as well as each of the two amendments listed in the Order Paper.
MR HENRY TANG (in Cantonese): Mr President, if yesterday's summit meeting attended by representatives of both the employers and labour sides has been accused of "putting on a show", I believe there is a greater chance for the Honourable Fred LI's motion debate today to be accused of "putting on a show".
It is mentioned in Mr Fred LI's original motion that the Government is urged to solve the livelihood problems of workers during periods of unemployment, but just now he did not talk about it at all. I think he will definitely raise the question of unemployment benefits at a later stage. In my view, we should take a more prudent attitude in handling this proposal, not purely out of worry as an employer who has vested interests, but rather as examples in countries overseas have told us that inappropriate award of unemployment benefits would only increase the burden of the Government in providing welfare services. It is quite common that people in those countries have voluntarily become unemployed. We need to heed this point. I think the Government should immediately conduct a review on the present public assistance scheme and increase the rate of public assistance so that those families in need would benefit from it. This is a more practical approach than the introduction of unemployment benefits.
As a member of the business sector, I have to move an amendment to Mr Fred LI's motion. Even if I were not a member of the business sector, I would still move this amendment because I am a practical person. I deeply appreciate the labour sector's urgent request for protection to local workers in employment, because their request is in line with the basic principle that I have held all the time. I believe also every sector in our community would not oppose such a request. We all understand that local workers at the basic level have in a way been the foundation upon which a prosperous and dynamic Hong Kong is built. These workers have been working hard for many years without complaints, we should not let them fall prey to unemployment without any protection. Now can the labour sector's great dissatisfaction and resentment towards the importation of labour policy help resolve the problem immediately? I think the inciting slogan of scrapping the policy, which of course has its market value among the furious crowd, is just an irrational expression of their strong feelings. Such a slogan, I am afraid, is "more forceful than practical" in improving the situation.
At the moment, the problem of unemployment has emerged. I believe it would not do much help by shouting strong slogans, which I suppose are for increasing one's political capital. Nor would it help by putting the blame on the