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OFFICIAL REPORT OF PROCEEDINGS
Wednesday, 19th January 1972
The Council met at half-past Two o'clock
[MR PRESIDENT in the Chair]
PRESENT
HIS EXCELLENCY THE GOVERNOR (PRESIDENT)
SIR CRAWFORD MURRAY MACLEHOSE, KCMG, MBE
THE HONOURABLE THE COLONIAL SECRETARY
SIR HUGH SELBY NORMAN-WALKER, KCMG, OBE, JP
THE HONOURABLE THE ATTORNEY GENERAL
MR DENYS TUDOR EMIL ROBERTS, CBE, QC, JP
THE HONOURABLE THE SECRETARY FOR HOME AFFAIRS
MR DONALD COLLIN CUMYN LUDDINGTON, JP
THE HONOURABLE THE FINANCIAL SECRETARY (Acting)
MR DAVID HAROLD JORDAN, MBE, JP
THE HONOURABLE DAVID RICHARD WATSON. ALEXANDER, CBE, JP DIRECTOR OF URBAN SERVICES
THE HONOURABLE SAMES JEAVONS ROBSON, JP
DIRECTOR OF PUBLIC WORKS
THE HONOURABLE JOHN CANNING, JP
DIRECTOR OF EDUCATION
DR THE HONOURABLE GERALD HUGH CHOA, JP
DIRECTOR OF MEDICAL AND HEALTH SERVICES
THE HONOURABLE DENIS CAMPBELL BRAY, JP
DISTRICT COMMISSIONER, NEW TERRITORIES
THE HONOURABLE PAUL TSUI KA-CHEUNG, OBE, JP
COMMISSIONER OF LABOUR
THE HONOURABLE IAN MACDONALD LIGHTBODY, JP
COMMISSIONER FOR RESETTLEMENT
THE HONOURABLE ERNEST IRFON LEE, JP
DIRECTOR OF COMMERCE AND INDUSTRY
THE HONOURABLE WOO PAK-CHUEN, OBE, JP
THE HONOURABLE SZETO WAI, OBE, JP
THE HONOURABLE WILFRED WONG SIEN-BING, OBE, JP
THE HONOURABLE WILSON WANG TZE-SAM, OBE, JP
THE HONOURABLE HERBERT JOHN CHARLES BROWNE, OBE, JP DR THE HONOURABLE CHUNG SZE-YUEN, OBE, JP
THE HONOURABLE LEE QUO-WEI, OBE, JP
THE HONOURABLE OSWALD VICTOR CHEUNG, OBE, QC, JP
THE HONOURABLE ANN TSE-KAI, OBE, JP
ABSENT
THE HONOURABLE SIR YUET-KEUNG KAN, CBE, JP
THE HONOURABLE ELLEN LI SHU-PUI, OBE, JP
THE HONOURABLE GERALD MORDAUNT BROOME SALMON, JP THE HONOURABLE LO KWEE-SEONG, OBE, JP
IN ATTENDANCE
THE CLERK TO THE LEGISLATIVE COUNCIL
MR RODERICK JOHN FRAMPTON
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Papers
The following papers were laid pursuant to Standing Order No 14(2): — Subject LN No
Subsidiary Legislation: —
Import and Export Ordinance.
Import and Export (General) (Amendment) Regulations
1972 ......................................................... ............ 1
Merchant Shipping Ordinance.
Merchant Shipping (Control of Ports) (Amendment)
Regulations 1972 ................................................... 2
Colonial Air Navigation Orders 1961 to 1968.
Hong Kong Air Navigation (Registration Fees)
(Amendment) Regulations 1972 ............................ 4
Sessional Papers 1971-72: —
No 33—Annual Report by the Director of Medical and Health Services for the year 1970-71 (published on 19.1.72).
No 34—Annual Report by the Commissioner of Rating and Valuation for the year 1970-71 (published on 19.1.72).
No 35—Annual Report by the Commissioner of Registration of Persons for the year 1970-71 (published on 19.1.72).
No 36—Annual Summary by the Director of Education for the year 1970- 71 (published on 19.1.72).
Oral answers to questions
Development of Sha Tin
1. MR WILFRED S. B. WONG asked: —
Will Government make an up-to-date statement on the latest proposals for the development of Sha Tin?
MR J. J. ROBSON: —Sir, my honourable Friend will be aware that an approved outline zoning plan for Sha Tin has been in existence for a number of years. Since this plan was prepared, however, there has been a significant reduction in the forecasts of the Colony's
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population increase as well as agreement that Government housing should be constructed to provide better standards of accommodation and social environment. This together with the decision to build a second race course at Sha Tin has led to a reconsideration of the planning proposals. It now seems that a future population in Sha Tin of around 500,000 to 600,000 persons would be appropriate and I shall shortly be recommending that the outline zoning plan should be referred back to the Town Planning Board for reconsideration and replacement.
This will not, however, delay the works which are now proceeding for the Sha Tin New Town Development Scheme. The reclamation of a 23-acre site for a Government housing scheme to accommodate 23,000 persons will be complete later this year and the reclamation of a further area of land zoned for private residential and commercial use will be completed in early 1973. These areas are adjacent to the existing Sha Tin market area and the railway station, and served by both the old road through Sha Tin and the recently completed by-pass. This road system will be further improved this year.
Members are aware that the Government housing scheme which was approved in principle by the Governor in Council will by itself be virtually a new town complete with restaurants, hawker bazaars, a large shopping centre, bus termini, car parks, schools, playgrounds, a clinic, a cinema site, etc. This layout will allow private enterprise to play its part in affording the many amenities which our population can now afford and I will shortly be asking permission for this project, with an estimated cost of around $61 million, to be upgraded to Category A of the Public Works Programme with a view to starting work this year.
The Housing Board recommendation for Sha Tin is for a Government housing estate of 30,000 persons which is 7,000 more than the 23,000 to be accommodated in the estate which I have just described. The intention is that the estate be extended northwards into the next stage of reclamation which is for a 40-acre site, half for the Housing Authority and half for Government housing, together with the necessary extension of the Sha Tin by-pass road. In this area, adjacent to the first Government housing estate, will be located a new police station and fire station. Investigations into this stage are in hand with a view to commencing work in 1973. It will also include the formation of sites for industry in the low lying land of the Fo Tan Valley. On completion, these stages of reclamation and development will provide for a population of around 80,000 to 90,000 persons.
All this work, and the reclamation for the race track, will require many millions of cubic yards of filling material which will be obtained by cutting selected hills to form useful areas of land for low density
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[MR ROBSON] Oral Answers
residential purposes, Government and institutional buildings, playing fields, parks, etc. Care will be taken that these areas are not desecrated.
The High Island Water Scheme requires the construction of a further tunnel under Lion Rock to bring water from the treatment works at Sha Tin to Kowloon and consideration has been given to enlarging this tunnel to provide a combined road tunnel cum waterworks tunnel similar to the existing Lion Rock Road Tunnel. The concourse area and approach roads for this tunnel were designed to serve a second tunnel in the future and, now that the High Island Scheme has been approved and the Race Track at Sha Tin is to be built, I will be recommending the construction as early as possible of a further road tunnel under Lion Rock parallel to the existing one. The indications are that for both the High Island Water Scheme and the Race Track the target completion date for the tunnel must be 1975—this will be difficult to achieve. Improvements in the rail services to Sha Tin, including double tracking, are also being planned.
While communications to and through Sha Tin present problems, probably the most serious problem which has to be faced is that of pollution. There is no cleansing tidal flow through Sha Tin Inlet and Tolo Harbour as there is through Hong Kong Harbour and our investigations indicate that full treatment must be given to any foul discharge into these waters to render it innocuous. For this reason investigations are being carried out as a matter of priority for the development of a sewage treatment works which will cater for the 80,000 persons and the industry to be housed in the first stages of development which I have just described, as well as for the Sha Tin Race Track.
MR WONG: —Can my honourable Friend indicate when the double-tracking of the railway will be implemented and whether it will go to the Chinese University?
MR ROBSON: —The Race Track to Sha Tin is not to be built before 1975 but I understand that this will be the target aimed for. The Race Track is being planned with a station specially designed to serve it and will require a spur line from the main railway line; and I would say therefore that double tracking should, if possible, be completed by 1975 or certainly before completion of the Race Track. As far as the extension of the double tracking to the University is concerned, I think I am correct in saying that this is the view of the Governor in Council and plans are certainly being drawn up on this basis.
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Government housing estate at Sha Tin
2. MR SZETO WAI asked: —
When will work be commenced on the new Government housing estate at Sha Tin which was planned as a model for future Government housing estates, and what commercial, community, recreational and traffic facilities will be provided in it?
MR ROBSON: —Sir, the reply to my honourable Friend's question has virtually been covered by my reply to the honourable Wilfred WONG's question in which I gave a general outline of the Government's proposals for Sha Tin. In brief I am hoping that it will be possible to start work on the new Government housing estate at Sha Tin towards the end of the year. The estate will in fact be a small town in itself accommodating 23,000 persons and on completion will be provided with restaurants, hawker bazaars, a large shopping centre, bus termini, car parks, schools, playgrounds, a clinic, and a cinema, together with a new police station and fire station. There will be a good internal road system fed from both the main road to Tai Po through Sha Tin and the recently completed Sha Tin by-pass road which will be extended over the frontage of the new site.
MR SZETO: —Sir, will my honourable Friend say whether there will be any improvement in the design of the living area in the housing blocks, that is, whether the living area will be still 24 sq. ft. per person or 35 sq. ft. per person or larger?
MR ROBSON: —The living area will be based on 35 sq. ft. per person but, in addition, the layout and the facilities provided will approach those of the Housing Authority estates; in other words, we are aiming for individual toilets, cooking area, a shower and of course a decent balcony which is in addition to the living accommodation.
Residents watch committees
3. MR Q. W. LEE asked: —
Does the Government favour the formation of residents watch committees to liaise with the police and assist them in the prevention of crime?
THE COLONIAL SECRETARY (SIR HUGH NORMAN-WALKER): —Sir, I find myself in some little difficulty in answering this question because, while I do not wish to appear in any way discouraging in relation to
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[THE COLONIAL SECRETARY] Oral Answers
an expression of interest and concern as regards the incidence of crime in Hong Kong, I do not feel that to form watch committees would really be an appropriate or a wise step.
It is of course entirely right and proper that members of the public should concern themselves with the subject of crime and should liaise with and give information to the police whenever they can. Indeed, the police could hardly operate without co-operation of this kind which is in fact repeatedly called for.
However, I think it will be accepted that the police are the main law enforcement agency and that—as experience has shown elsewhere—there are dangers in setting up any kind of complementary system which might encourage people to take the law into their own hands. I am sure that our first task should be not to duplicate the police by doing this, but rather to give them the fullest possible measure of public co-operation and support in the execution of their duties.
I would like, however, to return to my opening remarks since I emphatically do not want it to be thought that I am discouraging offers of assistance to the police. Indeed, it may be that I am reading more into the phrase "watch committee" than the honourable questioner intended and that it was merely meant to indicate that residents in a locality should meet together to discuss how best they could assist the police in the prevention and detection of crime. If so, then I would applaud such local initiative where it exists and I would recommend that public spirited persons thinking in this way should go along, either singly or as a group, and discuss the matter with their local Divisional Superintendent to see how best they could help.
Closing of schools
4. MR H. J. C. BROWNE asked: —
Would Government say how many private primary and secondary schools have closed down during the last 12 months and whether adequate alternative schooling is available for the pupils who previously studied at those schools?
MR J. CANNING: —Sir, records in my department show that between 1st January 1971 and 15th January 1972 a total of 68 private registered schools were confirmed as closed. Of this number 40 were primary schools, 5 were secondary schools and 23 offered both primary and secondary education.
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During the same period 38 new private schools came into existence, 14 of which were primary, 11 were secondary and 13 offered both primary and secondary education.
As far as enrolments are concerned the enrolment in the private primary sector fell from a total of 210,566 pupils in March 1971 to a total of 190,629 pupils in September 1971, a decrease in the private sector of 19,937 pupils. This decrease in the private sector was more than compensated for by an increase in the public sector. 23 new subsidized schools came into being during the period under review and the total enrolment in all primary schools rose from 761,395 pupils in March 1971 to 764,313 pupils in September 1971, an overall increase of 2,918 pupils.
The enrolment in the secondary sector shows an even bigger increase. The private secondary sector in March 1971 had an enrolment of 195,156 pupils and this enrolment in the private sector increased to a total of 212,466 pupils in September 1971.
In addition 7 new subsidized secondary schools opened during the year and the total enrolment in September 1971 in the public and private sectors of secondary education was 295,820, an increase of 25,379 over the figure for March 1971.
In short, alternative school places were available in the year 1971 for those children affected by the closure of the schools to which I have referred.
Prevention of Bribery Ordinance
5. MR P. C. WOO asked: —
Have the additional powers conferred by the Prevention of Bribery Ordinance proved to be sufficient to enable allegations of corruption to be fully investigated?
THE ATTORNEY GENERAL (MR D. T. E. ROBERTS): —Sir, the powers of investigation conferred by the Ordinance have generally proved to be adequate.
However, it has only been in force since last May and the position will be reviewed later this year to see if any amendments are desirable.
Honourable Members may be interested to know that only 9 authorizations to examine bank accounts have been issued under the new Ordinance, including two to inspect the accounts of relatives or wives of suspects.
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[THE ATTORNEY GENERAL] Oral Answers
I mention these figures in order to illustrate the care with which the substantial powers conferred by the Ordinance are exercised in practice.
MR WOO: —In the course of investigation does the Target Committee, set up under the provisions of the Ordinance, render valuable assistance to the Director of Anti-Corruption in the exercise of his powers?
THE ATTORNEY GENERAL (MR ROBERTS): —Yes, Sir, I am informed that the members of the Target Committee have carried out the very difficult task of determining the priorities which should be given to the various allegations of corruption which are received with great success, and that they have also given the Director of the Anti-Corruption Office most valuable general advice in the exercise of his powers. The work of the Target Committee is exacting and I am glad to have this opportunity of expressing appreciation for the work of the members, particularly those who are unofficials and who have given up so much time to it.
Use of drugs by school children
6. MR WOO asked: —
Will Government state what steps are being taken to combat the use of drugs by school children?
MR CANNING: —Sir, my department has been concerned for a considerable time about the possible use of dangerous drugs by school children. A propaganda campaign on the subject was launched in 1970 to alert parents, schools and pupils to the danger. Schools were circularized with advisory and factual material to assist the heads of schools in their efforts to reach the pupils and their parents, and visits were made to schools by officers from my department and the Police and Medical Departments.
I myself am a member of the Action Committee Against Narcotics, and I am represented on both the Education and Publication and the Research Sub Committees. In close co-operation with the Action Committee Against Narcotics, I have since the beginning of this academic year distributed written material to schools, including anti-narcotics timetables to primary schools and 6,000 copies of an anti-narcotics booklet suitable for secondary school use.
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With regard to the more long-term and on-going activities carried out by my department, I may perhaps refer to two in particular. Through the extensively used audio-visual library services operated by my Visual Education Officer, I have acquired and will continue to acquire films and film strips on drug abuse; films have already been borrowed by 139 schools and other educational organizations in the school year 1970-71. In the second place, I should like to make known that problems connected with drug abuse are referred to in suitable ways in the health education syllabuses for primary schools and in the civics syllabuses for lower secondary classes, while the presentation of the whole problem is being reviewed and refined during the course of preparing the current syllabus for economics and public affairs.
There is also the fullest co-operation between my department and the Royal Hong Kong Police Force and I should like here to pay tribute to the police officers engaged in this difficult task for the many long hours they have spent in their recent investigations and for the patient, considerate and altogether humane way in which they have conducted their inquiries among the unfortunate young people who have recently been involved in court proceedings.
It is in this connection I would like to make a special plea to parents. Schools have charge of their children during school hours only. The principals and the teachers of schools have been alerted for the various signs and symptoms to look for in young people and they are ready to help young people who get themselves into trouble. I have recently held a meeting with the principals of the English language schools and we have reached full agreement on how my department and the schools might co-operate in dealing with this very serious problem we all face and further meetings will be held. It is, however, the parents who have a key role to play. If they have reason to believe that their children are taking drugs, then I would urge them to take expert advice as soon as possible. They should in the first instance seek advice from their doctor and, if the seriousness of the situation warrants it, they should not hesitate to enter their child in a hospital. It is not an offence for a person to be a drug addict and their children will not be prosecuted simply because they have become addicted, though they may be if they are found to be in possession of dangerous drugs. It is, however, vitally important for the police to find out the source of the drugs and, if they are to do their job efficiently and quickly, they need to have as much information as possible from persons known to be taking drugs. In a matter as serious as this, the code of loyalty which young people have, which inhibits them from giving information to the authorities, is totally mistaken and every effort should be made by parents to persuade their children to co-operate. If parents co-operate unreservedly with
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[MR CANNING] Oral Answers
the various authorities engaged in this work, much can be done. If parents fail to co-operate or—and this is much worse—if they remain permissive, there is a real and serious danger that this evil will spread. A combined operation is needed with all concerned—my department, the schools, and all the other agencies involved—to root out this problem. The most strenuous efforts are also needed in the second great task of preventing this evil from spreading and I can assure Members that I will do everything I can to help.
MR WOO: —Sir, I am very much obliged to my honourable Friend for his careful and detailed answer. May I ask whether there are in fact many Chinese school students using drugs?
MR CANNING: —The information we have, Sir, is that the present problem seems to be concentrated in schools where there are English speaking children and not in the schools with Chinese children.
MR WOO: —Sir, may I also ask whether Government has discovered the source of these drugs and whether any steps have been taken to prevent their continued importation?
MR CANNING: —As far as I know, Sir, it is not the case that there is a single source. It seems to be that there are in fact a number of sources—but I am not fully informed in this matter.
MR OSWALD CHEUNG: —Sir, would Government, as a step in combating the use of dangerous drugs by school children, consider amending the Dangerous Drugs Ordinance to provide for sterner penalties against those who sell or distribute dangerous drugs to school children and other young persons?
THE ATTORNEY GENERAL (MR ROBERTS): —Since the maximum penalty for trafficking is already life imprisonment it is difficult to see how we could make it any more severe. (Laughter).
MR CHEUNG: —In certain States in America there is a mandatory—a minimum sentence of life imprisonment for those who peddle dangerous drugs to young children as distinct from confirmed drug addicts. Could Government consider such an amendment?
THE ATTORNEY GENERAL (MR ROBERTS): —The introduction of course of minimum sentences is a very difficult question but we would certainly be prepared to consider it.
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Taxi services
7. DR S. Y. CHUNG asked: —
With regard to the remarks made by the former Financial Secretary in this Council on 24th March 1971, will Government say what improvement the Commissioner for Transport has made since early last year in taxi service through better organization of the existing fleet of taxis and whether or not additional taxi licences will be issued prior to the opening of the cross harbour tunnel?
THE FINANCIAL SECRETARY (ACTING) (MR D. H. JORDAN): — Sir, the organization and efficiency of the taxi trade are subjects which have in recent months been given careful consideration by the Transport Department and the Transport Advisory Committee. Recommendations have recently been made to improve the organization of the trade and to raise standards of both drivers and vehicles. These recommendations have, however, not yet been formally considered by the Government.
As regards the second part of the question, Sir, the Commissioner for Transport is at present preparing proposals for a further issue of taxi licences and I would hope that these licences will be issued before the opening of the Cross Harbour Tunnel.
DR CHUNG: —Sir, in considering the recommendations for improvement of taxi services, would Government take into account the fact that during the period between about 4 and 5 o'clock in the afternoon in Kowloon most of the taxis are going back to their depots for changing drivers and are not available for hire?
THE FINANCIAL SECRETARY (ACTING) (MR JORDAN): —I have no doubt that the Transport Advisory Committee would take this into account, Sir. I shall see the point is brought to their attention.
Oil spills in Hong Kong waters
8. MR BROWNE asked: —
What machinery has Government to deal immediately and effectively with major oil spills in Hong Kong waters?
THE FINANCIAL SECRETARY (ACTING) (MR JORDAN): —Sir, the Pollution Control Unit of the Marine Department is responsible for oil pollution control and for co ordinating the activities of all government
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[THE FINANCIAL SECRETARY (ACTING)] Oral Answers
departments involved in the prevention and control of such pollution. The Unit maintains a stock of 10,000 gallons of chemical dispersant, over and above the quantities that are available commercially in Hong Kong. The Unit also has available about 700 feet of oil boom to protect vital areas like typhoon shelters, beaches and waterfronts, and has made arrangements with the co-operation of the major oil companies and of the United States Navy for a further 3,100 feet to be made available if necessary.
When an oil slick has been sighted, the report is relayed to the Pollution Unit. A vessel is then despatched to the scene to verify the extent and the nature of the pollution and helicopters of the Royal Hong Kong Auxiliary Air Force are also available for reconnaissance purposes.
The Pollution Unit will then deploy personnel and equipment to the scene. In addition to the resources I have already mentioned, there are available three fireboats, which are fully manned on a 24-hour basis. Each of these fireboats has considerable pumping capacity and they are the first vessels to be despatched. There are also seven Marine Department tug boats which are fitted with pumps and spray equipment. Seven twin-screw lighters are available for logistic support and three fast personnel carriers to transport men and minor equipment.
MR BROWNE: —Sir, are the facilities that my honourable Friend has described adequate, in his opinion, to deal with a really major oil spill, for example two or three thousand tons of fuel oil from the “Seawise University”? And, secondly, is Government satisfied that the Director of Marine has the necessary legal powers to deal with this situation in an emergency?
THE FINANCIAL SECRETARY (ACTING) (MR JORDAN): —I am afraid, Sir, that I cannot say that I am personally satisfied that the Director of Marine has adequate facilities to deal with an oil spill of the size referred to by my honourable Friend. I think that actually the amount of oil spilt is not the only thing that will determine whether or not there is a major problem; there is the location and the state of the wind and tide which also affect it. However, I shall certainly pursue this with the Director of Marine: I think we must decide what size of problem we should be ready at all times to deal with.
On the second point, also, I am afraid I cannot say anything specific this afternoon, Sir; all I can say is that I shall consider with the Director of Marine whether these powers are adequate. I understand
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that this matter is also being considered in the Port Committee and that this Committee has indeed set up recently—or is about to set up—a sub-committee to consider appropriate legislation in this field.
Appointment of a Deputy Director of Education (Technical) 9. MR BROWNE asked: —
Would Government state when a Deputy Director of Education (Technical) will be appointed?
MR CANNING: —Sir, I very much regret that I am unable to give a firm date by which a Deputy Director of Education (Technical) will be appointed to my department. Strenuous efforts have been made to recruit a candidate of the calibre required ever since the post was created last year.
Recruitment efforts last year were made both locally and overseas, assistance being sought in both the United Kingdom and New Zealand. So far seven candidates in all have applied. However I was not satisfied that the potential sources of recruitment had been fully tapped. Recently the post has been re-advertised in the United Kingdom, but it is not yet known how many further candidates have applied. These candidates will be considered in competition with the most suitable of those who have already applied.
We have done all we can to impress on our recruiting agents, the Overseas Development Administration of the Foreign and Commonwealth Office, the importance we attach to filling this post as soon as possible.
I can assure my honourable Friend that every effort is being made by this Government to fill the vacancy with the best man available.
MR BROWNE: —Sir, in view of the delay in filling this absolutely vital post, which I think is vital to the development of technical education in Hong Kong, can a new approach be found in this particular recruitment exercise?
MR CANNING: —I am hopeful, Sir, that the recent advertisement in London should produce a good crop of candidates. We have asked London to let us have a list of the people who have applied and, if it proves necessary, I shall not hesitate to ask permission to leave Hong Kong and visit London in order to assist in the selection process. I think we might wait until this exercise is over before we start a new approach.
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Oral Answers
DR CHUNG: —Sir, is it true that one of the qualifications for this Post is to have 9 or 12 years of experience in technical education on a similar level of responsibility?
MR CANNING: —We hope that it will be possible to recruit someone with extensive experience. I cannot at this point recall whether it is 9 or 12 years experience—I rather think it is 10 years in this field, not necessarily at the level of Deputy Director of Education, if my memory serves me correct.
DR CHUNG: —Has Government considered that such a high qualification under present day demand for such manpower would rule out the possibility of getting the post filled within a reasonable period of time?
MR CANNING: —I think it is important, Sir, to fill the post but I think it is also important to fill it with the best man we can find. At the salary level we are offering, I think we are perfectly entitled to ask for 10 years experience in the relevant field.
Rewards for assistance in apprehension of criminals
10. MR LEE asked: —
Has Government any plans to implement a scheme for the payment from public funds of rewards and compensation to those who assist the police in the apprehension of criminals?
THE ATTORNEY GENERAL (MR ROBERTS): —Sir, the police have for many years paid rewards to members of the public who provide information about criminal activities or who assist in solving crime or arresting offenders. A sum of $5 million has been provided in the current estimates for these purposes.
In addition, section 95 of the Interpretation and General Clauses Ordinance enables this Council by resolution to award compensation to a person injured in the execution of a moral or legal duty to assist in the prevention of or resistance to crime, and to the dependants of any person who dies as a result of such injuries.
The Government has no plan to introduce any further schemes of this nature.
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Government business
Motion
WIDOWS AND ORPHANS PENSION ORDINANCE
THE FINANCIAL SECRETARY (ACTING) (MR JORDAN) moved the following motion: —
It is hereby resolved that the Widows and Orphans Pension (Application) (Amendment) Regulations 1972, made by the Governor in Council on the 11th January 1972, be approved.
He said: —Sir, on 11th January the Governor in Council ordered that the Widows and Orphans Pension (Application) (Amendment) Regulations 1972 be made. Section 3 of the principal Ordinance provides that no such regulation shall take effect unless it has received the prior approval of this Council, signified by resolution.
The Widows and Orphans Pension (Application) (Amendment) Regulations 1972 make a minor amendment to regulation 3 of the principal regulations, which lists certain posts whose holders are not to be "officers" within the meaning of the Ordinance and to whom the Ordinance does not, therefore, apply.
The amendment removes from the principal regulations the existing grades of “Fireman Class II” and “Ambulanceman Class II” and replaces them with the revised grades of "Fireman" and "Ambulanceman", with retrospective effect from 1st April 1971.
Question put and agreed to.
First reading
SUPPLEMENTARY APPROPRIATION (1970-71) BILL 1972 PUBLIC TRANSPORT SERVICES (HONG KONG ISLAND) (AMENDMENT) BILL 1972
TRAMWAY (AMENDMENT) BILL 1972
Bills read the first time and ordered to be set down for second reading pursuant to Standing Order No 41(3).
Second reading
SUPPLEMENTARY APPROPRIATION (1970-71) BILL 1972
THE FINANCIAL SECRETARY (ACTING) (MR JORDAN) moved the second reading of: —"A bill to authorize a supplementary appropriation to defray the charges of the financial year ended the 31st day of March 197l."
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Supplementary Appropriation (1970-71) Bill—second reading
He said: —Sir, this bill seeks to give final legislative authority, so far as that is necessary, for the supplementary expenditure authorized by resolutions of this Council, and is the final stage in disposing of expenditure incurred during the financial year 1970-71.
The original estimates were given legislative form in the Appropriation (1970-71) Ordinance 1970, which authorized a specific sum under each Head of Expenditure. It is necessary now to legislate further in respect of those Heads of Expenditure where the net effect of supplementary provision and of under spending, if any, has resulted in an excess over the original sum authorized against those particular Heads in the Appropriation (1970-71) Ordinance. The total supplementary expenditure requiring this further legislative authority is over $113.6 million under 22 Heads. This expenditure is partially offset by savings of $54.6 million under other Heads.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order No 43(1).
PUBLIC TRANSPORT SERVICES (HONG KONG ISLAND) (AMENDMENT) BILL 1972
THE FINANCIAL SECRETARY (ACTING) (MR JORDAN) moved the second reading of: —"A bill to amend the Public Transport Services (Hong Kong Island) Ordinance."
He said: —Sir, the object of this bill is to amend section 21 of the principal Ordinance so as to permit the China Motor Bus Company to charge the full adult fare to members of the armed forces of the Crown in uniform, who at present travel at half fare, and to members of the Royal Hong Kong Police Force, of the Royal Hong Kong Auxiliary Police Force and of the Preventive Service and postmen on duty, who now travel free of charge.
Honourable Members will recall that on 1st September last year the Financial Secretary introduced a similar bill, which was subsequently enacted by this Council, to abolish similar concessions to members of the armed forces and uniformed Government personnel travelling on the Kowloon Motor Bus Company's buses. It is considered that what has been done in this respect for the Kowloon
HONG KONG LEGISLATIVE COUNCIL—19th January 1972. 335
Motor Bus Company should also be extended to the China Motor Bus Company and the present bill seeks to correct the anomalous position which has arisen in the interval whereby concessions were available to uniformed personnel travelling on buses on Hong Kong Island but not in Kowloon and the New Territories.
Question proposed.
Motion made (pursuant to Standing Order No 30). That the debate on the second reading of the bill be adjourned—THE COLONIAL SECRETARY (SIR HUGH NORMAN-WALKER).
Question put and agreed to.
Explanatory Memorandum
At present the China Motor Bus Company must carry a member of the armed forces of the Crown in uniform at half fares and a member of the Police Force, the Royal Hong Kong Auxiliary Police Force, the Preventive Service or a postman on duty free of charge. As a result of this Bill, the full adult fare will be payable by all of them.
TRAMWAY (AMENDMENT) BILL 1972
THE FINANCIAL SECRETARY (ACTING) (MR JORDAN) moved the second reading of: —"A bill to amend the Tramway Ordinance."
He said: —Sir, the purpose of this bill is similar to that of the Public Transport Services (Hong Kong Island) (Amendment) Bill 1972. Section 46 of the Tramway Ordinance provides for postmen and police officers on duty and in uniform to be carried free of charge by the Hong Kong Tramways Limited. This bill provides for the repeal of that section and thus for the full adult fare to be payable by the officers concerned. The cost of this will in future be met from departmental votes.
Question proposed.
Motion made (pursuant to Standing Order No 30). That the debate on the second reading of the bill be adjourned—THE COLONIAL SECRETARY (SIR HUGH NORMAN-WALKER).
Question put and agreed to.
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Tramway (Amendment) Bill—second reading
Explanatory Memorandum
At present, postmen and police officers, on duty and in uniform, must be carried free of charge by Hong Kong Tramways Limited. As a result of this Bill, the full adult fare will be payable by them.
RENT INCREASES (DOMESTIC PREMISES) CONTROL (AMENDMENT) BILL 1972
Resumption of debate on second reading (5th January 1972) Question again proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order No 43(1).
STAMIP (AMENDMENT) BILL 1972
Resumption of debate on second reading (5th January 1972) Question again proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order No 43(1).
Committee stage
Council went into Committee.
GASHOLDERS EXAMINATION (AMENDMENT) BILL 1972 Clauses 1 and 2 were agreed to.
Clause 3.
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THE FINANCIAL SECRETARY (ACTING) (MR JORDAN): —Sir, I move that clause 3 be amended as set forth in the paper before honourable Members.
Honourable Members will recall that at the first reading of the bill now before Council my honourable Friend, Mr SZETO, raised two points concerning what he felt to be certain inadequacies in the proposed legislation.
My honourable Friend considered that for reasons of public safety, and taking into account general town-planning considerations, the bill should contain provisions enabling Government to control the siting of gasholders, restricting them to special areas zoned for the purpose. This proposal has received the support of the Director of Public Works. However, the Attorney General has advised that it would not be appropriate to include such provisions in this particular bill, which deals only with the periodical examination of gasholders. He considers that an amendment to the Buildings Ordinance would be the appropriate form of legislation. It is intended, therefore, that the advice of Executive Council should be sought shortly on such an amendment.
If I may turn now to the clause before honourable Members: my honourable Friend also expressed doubts as to the adequacy of one of the penalties provided for in the bill. I shall be speaking on this particular point in a moment or two. However, in view of my honourable Friend's remarks, further consideration has been given to the general level of penalties contained in the bill and it is now proposed that, in view of the gravity of the offences envisaged, the maximum penalty under clause 3 for breach of any regulation should be increased to $50,000.
Proposed Amendment
Clause
3 That clause 3 be amended by deleting "ten" and substituting the following—
“fifty”.
The amendment was agreed to.
Clause 3, as amended, was agreed to.
Clause 4.
THE FINANCIAL SECRETARY (ACTING) (MR JORDAN): —Sir, I move that clause 4 be amended as set forth in the paper before honourable Members.
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[THE FINANCIAL SECRETARY (ACTING)] Gasholders Examination (Amendment) Bill — committee
stage
As I mentioned earlier, the general levels of penalties provided for in this bill have been reconsidered. In view of the danger to the public which would arise from the continued use of a gasholder which has been declared by the Governor in Council to be unfit for use, it is proposed that the offence under section 4 of the principal Ordinance should be made a continuing offence with a maximum penalty of $10,000 a day.
Proposed Amendment
Clause
4 That clause 4 be amended by deleting "one" in the second place where it occurs and substituting the following—
“ten”.
The amendment was agreed to.
Clause 4, as amended, was agreed to.
STAMP (AMENDMENT) BILL 1972
Clauses 1 to 8 were agreed to.
Council then resumed.
Third reading
THE ATTORNEY GENERAL (MR ROBERTS) reported that the
Gasholders Examination (Amendment) Bill 1972
had passed through Committee with certain amendments and that the Stamp (Amendment) Bill 1972
had passed through Committee without amendment and moved the third reading of each of the bills.
Question put on each bill and agreed to.
Bills read the third time and passed.
Unofficial Member's bill
Committee stage
Council went into Committee.
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BISHOP OF VICTORIA INCORPORATION (AMENDMENT) BILL 1972
Clauses 1 and 2 were agreed to.
Council then resumed.
Third reading
MR CHEUNG reported that the
Bishop of Victoria Incorporation (Amendment) Bill 1972
had passed through Committee without amendment and moved the third reading of the bill.
Question put and agreed to.
Bill read the third time and passed.
Adjournment and next sitting
HIS EXCELLENCY THE PRESIDENT: —In accordance with Standing Orders I now adjourn the Council until 2.30 p.m. on Wednesday on the 9th February 1972.
Adjourned accordingly at sixteen minutes past three o'clock.
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