HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1017 OFFICIAL REPORT OF PROCEEDINGS
Wednesday, 7th July 1976
The Council met at half past two o'clock
PRESENT
HIS EXCELLENCY THE GOVERNOR (PRESIDENT)
SIR CRAWFORD MURRAY MACLEHOSE, GBE, KCMG, KCVO
THE HONOURABLE THE COLONIAL SECRETARY
SIR DENYS TUDOR EMIL ROBERTS, KBE, QC, JP
THE HONOURABLE THE FINANCIAL SECRETARY
MR CHARLES PHILIP HADDON-CAVE, CMG, JP
THE HONOURABLE THE ATTORNEY GENERAL
MR JOHN WILLIAM DIXON HOBLEY, CMG, QC, JP
THE HONOURABLE THE SECRETARY FOR HOME AFFAIRS (Acting) MR LI FOOK-KOW, CMG, JP
DR THE HONOURABLE GERALD HUGH CHOA, CBE, JP
DIRECTOR OF MEDICAL AND HEALTH SERVICES
THE HONOURABLE DAVID AKERS-JONES, JP
SECRETARY FOR THE NEW TERRITORIES
THE HONOURABLE LEWIS MERVYN DAVIES, CMG, OBE, JP
SECRETARY FOR SECURITY
THE HONOURABLE DAVID WYLIE MCDONALD, JP
DIRECTOR OF PUBLIC WORKS
THE HONOURABLE KENNETH WALLIS JOSEPH TOPLEY, CMG, JP DIRECTOR OF EDUCATION
THE HONOURABLE JAMES NEIL HENDERSON, JP
COMMISSIONER FOR LABOUR (Acting)
THE HONOURABLE ALAN THOMAS ARMSTRONG-WRIGHT, JP SECRETARY FOR THE ENVIRONMENT (Acting)
THE HONOURABLE WILLIAM DORWARD, JP
DIRECTOR OF COMMERCE AND INDUSTRY (Acting)
THE HONOURABLE DONALD LIAO POON-HUAI, OBE, JP
SECRETARY FOR HOUSING (Acting)
DR THE HONOURABLE CHUNG SZE-YUEN, CBE, JP
THE HONOURABLE LEE QUO-WEI, OBE, JP
THE HONOURABLE OSWALD VICTOR CHEUNG, CBE, QC, JP
THE HONOURABLE ROGERIO HYNDMAN LOBO, OBE, JP
THE HONOURABLE JAMES WU MAN-HON, OBE, JP
THE HONOURABLE HILTON CHEONG-LEEN, OBE, JP
THE HONOURABLE LI FOOK-WO, OBE, JP
THE HONOURABLE JOHN HENRY BREMRIDGE, OBE, JP
DR THE HONOURABLE HARRY FANG SIN-YANG, OBE, JP
THE HONOURABLE MRS KWAN KO SIU-WAH, OBE, JP
THE HONOURABLE LO TAK-SHING, OBE, JP
THE HONOURABLE FRANCIS YUAN-HAO TIEN, OBE, JP
THE HONOURABLE ALEX WU SHU-CHIH, OBE, JP
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1018
ABSENT
THE HONOURABLE MORRIS CYRIL MORGAN, JP
THE HONOURABLE MRS CATHERINE JOYCE SYMONS, OBE, JP THE HONOURABLE PETER GORDON WILLIAMS, OBE, JP
IN ATTENDANCE
THE CLERK TO THE LEGISLATIVE COUNCIL
MRS LOLLY TSE CHIU YUEN-CHU
Papers
The following papers were laid pursuant to Standing Order 14(2):—
Subject
Subsidiary Legislation:—
Mining Ordinance.
Mines (Safety) (Amendment) Regulations 1976 ...............................
Rating Ordinance.
Rating (Miscellaneous Exemptions) (Amendment)
Order 1976.................................................................................
Public Health and Urban Services Ordinance.
Cheung Chau Cemetery, Sandy Ridge Cemetery, and Wo Hop Shek Cemetery (Removal and Disposal of Human Remains) Order 1976...........................................................................................
Immigration Ordinance.
Immigration (Amendment) (No 2) Regulations 1976........................
Public Health and Urban Services Ordinance.
Food Business (New Territories) (Amendment)
Regulations 1976.......................................................................
Public Health and Urban Services Ordinance.
Forzen Confections (New Territories) (Amendment)
Regulations 1976.......................................................................
LN No
146
147
150
151
152
153
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1019
Subject
Public Health and Urban Services Ordinance.
Laundries (New Territories) (Amendment)
Regulations 1976.......................................................................
Public Health and Urban Services Ordinance.
Milk (New Territories) (Amendment) Regulations
1976...........................................................................................
Public Health and Urban Services Ordinance.
Offensive Trades (New Territories) (Amendment)
Regulations 1976.......................................................................
Public Health and Urban Services Ordinance.
Swimming Pools (New Territories) (Amendment)
Regulations 1976.......................................................................
Co-operative Societies Ordinance.
Co-operative Societies (Amendment) Rules 1976............................. Sessional Paper 1975-76:
No 45—Fourth Report of the Television Advisory Board on the Progress of Television in Hong Kong (published on 7.7.76).
Oral answers to questions
Government Officers—overseas training
1. MR JAMES WU asked:—
LN No 154
155
156
157
158
Sir, will Government make public a list of the post-qualification courses for training of Government officers overseas for which the sum of $3,933,000 is provided under Head 50 Subhead 126?
THE COLONIAL SECRETARY:—Sir, a detailed list of overseas training courses arranged for nearly 180 Government Officers during 1976-77 has been tabled for the information of honourable Members.
MR J. WU:—Sir, as we have just received the long list, I don't intend to ask any supplementary question at this moment.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1020 Oral answers
DEPARTMENT PROGRAMME FOR TRAINING OF
GOVERNMENT OFFICERS OVERSEAS 1976-77
Number and Rank Course Details Duration Civil Aid Services
52 days
Audit
1 Senior Training Officer and 2 Training Officers
Mountaineering and Rescue Training, UK
1 Auditor (i) Audit of Computer System Course, UK
(ii) Attachment to Borough
Treasury and various
Government Audit Depts.
Printing
12 weeks
1 Printing Officer Dip. in Printing Management, UK 2 years Information Services
12 weeks
Legal
1 Assistant Information Officer
Marketing Course and attachment to Marketing Research Organization
3 Legal Officers Attachment to legal firms during leave
Public Works
Architectural Office
1 Structural Engineer Computation Course at
Loughborough University of
Technology, UK
8 weeks 12 months
1 Building Service
Engineer
Building Ordinance Office 1 Assistant Structural Engineer
Civil Engineering Office
Designs of fire prevention and security systems and gas installations in buildings, UK
M.Sc. Course in Soil and Foundation Engineering, USA
6 months 12 months
1 Engineer Short Courses at Cement & Concrete Association, UK, and attachment to
Greater London Council and firms of
waste disposal
6 months
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1021
Number and Rank Course Details Duration Highways Office
1 Engineer M.Sc. Course in Transport Planning and Engineering, University of
Leeds, UK
1 Engineer M.Sc. Course in Engineering Geology and Geotechnics, University
of London
1 Engineer Attachment to civil engineering consultants in UK to study highway
maintenance
Crown Lands and Survey Office
1 Estate Surveyor Training attachment to City Valuer/Estate Office
1 Cartographic Assistant Cartographic Photo-reproduction Specialist Course, Australia
12 months 12 months 6 months
9 months 4 months
1 Land Surveyor Computer Training Course, UK 4 months Town Planning Office
1 Senior Planning Officer Infrastructure Project Course, University of Bradford, UK
Waterworks Office
1 Engineer Water Resources Technology Course, University of Birmingham
3 months 1 year
1 Government Water Engineer
Rating and Valuation
Senior Management Course CS College, UK
4 weeks
1 Assistant Commissioner Senior Course (Management) Civil Service College, Berkshire, UK
2 R. & V. Surveyors Attachment to private firm of chartered surveyors, UK
Royal Observatory
3 weeks 6 months
2 Experimental Officers/Scientific Assistants
Professional meteorological course for training of Assistant Forecasters, UK
11 months
1 Scientific Officer Professional Meteorological Course for training of Senior Forecasters, UK
Colonial Secretariat
Finance Branch, O & M Division
1 Assignment Officer I Diploma Course in Management Services, Sunderland Polytechnic,
UK
Data Processing Division
1 Project Manager Computer Management Studies, University of London
10 months
42 weeks 12 months
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1022 Oral answers
Number and Rank Course Details Duration Civil Service Branch
Examinations Unit
1 Assistant Examination Officer
General Grades Division 4 local Senior Executive Officers/Executive
Officers
5 overseas Senior
Executive
Officers/Executive
Officers
Administrative Officers
Attachment to Universities and GCE Board, UK
(a) 2 Officers for academic courses in Management and Administration in UK
(b) 2 Officers for various short courses in Management and Administration in UK
Short Management and Public Administration Courses in UK
2 months
9 months 3-4 months
3-4 weeks
1 Administrative Officer General Management Course and Short course on public
administration
8 weeks
1 Administrative Officer Management course in New Zealand 4 weeks
Oxford Course for
Administrative Officers
12 Officers Oxford University Administrative Development Course, UK
Security Branch
20 Officers Various security & intelligence courses, attachments & visits, UK
Immigration
9 months
3 Senior Immigration Officers
Fire Services
Home Office Immigration Course, O. & M. Course, Middle
Management Course and
Attachment to Home Office & Foreign & Commonwealth Office, UK
16 weeks
1 Ambulance Officer Short courses on Ambulance Control and attachments
1 Station Officer Airport Fire Officer Course and Heavy duty Vehicle Driving Course,
UK
1 Ambulance Officer Ambulance Control and training courses
1 Station Officer Airport Fire Officers Course and Breathing Apparatus Course
9 weeks 7 weeks
8 weeks 8 weeks
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1023
Number and Rank Course Details Duration Royal Hong Kong Police Force
1 Superintendent of Police Senior 'B' Course, Scottish Police College, Tulliallan
1 Superintendent of Police National Defence College Course, Latimer, UK
11 weeks 1 year
1 Acting Senior Assistant Commissioner of Police
Senior Management Course, Civil Service College
3 weeks
1 Chief Inspector of Police Course on Hostages, Tactics and Negotiation Techniques, Tokyo
1 Superintendent of Police Personnel Management Course, Civil Service College, UK
1 Superintendent of Police Organization and Staff Management Course, Civil Service College,
Suningdale
1 Chief Inspector of Police Senior CID Course and CIU/Homicide Squad Attachments
2 Police Constables Pupils' Course, Royal Military School of Music, Kneller Hall
1 Superintendent of Police Senior Overseas Command Course National Police College, UK
1 Chief Inspector of Police Traffic Admin. Course, North-western University, Illinois, USA
1 Superintendent of Police FBI National Academy Course, Washington DC, USA
1 Chief Inspector of Police FBI National Academy Course, Washington DC, USA
6 days
2 weeks 3 weeks
12 weeks 12 months 15 weeks 9 months 14 weeks 14 weeks
1 Senior Inspector of Police
Prevention of Crime Course, Home Office Crime Prevention Centre, Stafford, UK
4 weeks
1 Chief Inspector of Police Homicide Squad/CIU attachment 2 weeks 1 Chief Inspector of Police Fraud Attachments, New Scotland Yard 2 weeks
Prisons
1 Principal Officer Industrial Management Course, HM Prisons, UK
1 Chief Officer Planning Services for the Offender in the Community
1 Chief Officer Security Officer's Course, HM Prisons Staff College
12 weeks 3 months 2 months
1 Officer Training Programme in Aftercare, USA 4 months Agriculture & Fisheries
1 Field Officer Certificate Course in General Horticulture, UK
1 Senior Field Officer Attachment programme to Ministry of Agriculture, UK
1 year
12 weeks
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1024 Oral answers
Number and Rank Course Details Duration Commerce & Industry
1 Trade Officer GATT Commercial Policy Course, Geneva
6 months
1 Senior Industry Assistant and 1 Industry Assistant
Attachment to a weights and measures department, UK
12 months
1 Industry Officer Attachment to the Department of Prices and Consumer Protection, UK
1 Senior Revenue Inspector Custom and Excise Procedure Course and attachments, UK
1 Principal Trade Officer Attachment to Shipping Policy Division, Department of Trade, UK
1 Senior Industry Assistant Attachments to Department of Trade & Industry, Middle Management Course,
UK
1 Senior Revenue Inspector Course on Customs and Excise Administration, Australia
1 Revenue Inspector Drug Enforcement Officer Academy Course, USA
1 Senior Revenue Inspector International Narcotics Control Course, USA
1 month 14 weeks 2 weeks 13 weeks
4 months 12 weeks 5 weeks
1 Principal Trade Officer Senior Management Course, UK 3 weeks
Medical and Health
1 Medical & Health Officer Course on Medical Jurisprudence, UK 12 months 1 Medical & Health Officer Course in Histopathology, UK 12 months
1 Medical & Health Officer Training in Psychiatry leading to MRCP in UK
12 months
4 Medical & Health Officers
Training leading to Part II MRCP in the UK
6 months
1 Medical & Health Officer Postgraduate training in Orthopaedic Surgery, UK
12 months
1 Senior Medical & Health Officer
Advanced training in
Otorhinolaryngology in the UK
12 months
1 Medical & Health Officer Part II DMRD in the UK 6 months 1 Dental Officer Training leading to FDSRCS in the UK 19 months 1 Prosthetist Training in Prosthetics, UK 4 months
1 Medical Technologist Attachment to Food Hygiene Laboratory, UK
1 Medical Technologist Attachment to Tuberculosis Research Laboratory, UK
1 Senior Chemist M.Sc. Course in Analytical Chemistry, UK
2 months 3 months 12 months
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1025 Number and Rank Course Details Duration
2 Nursing Officers Diploma Course in Nursing Administration, Australia
2 Nurses Diploma Course in Nursing Administration, Australia
2 Nursing Officers Advanced Course in Nursing Administration, UK
Radio TV Hong Kong
1 Programme Officer BBC General Radio Production Course
1 Programme Officer BBC Management of Resources Course & Attachments
1 Assistant Programme Officer BBC General Television Production Course
Kowloon-Canton Railway
1 year
62 weeks 1 year
12 weeks 16 weeks 18 weeks
1 Traffic Controller Mid-Career Course, UK 12 weeks Census & Statistics
1 Statistician Statistics & National Accounting Course, Netherlands
Civil Aviation
9 months
6 Student Air Traffic Control Officers
Primary Air Traffic Control Course, UK
12 weeks
4 Air Traffic Control Officers II Precision Approach Radar (PAR) Training, New Zealand
1 Assistant Airport Manager Familiarisation Visits & Attachments to UK Airports
1 Assistant Electronics Engineer Courses & attachments/visits on Navaids, Radio Aids and Radar Aids
to UK and USA
Education
1 Assistant Lecturer I 3-month Industrial Attachment (Clothing), UK
1 Assistant Lecture I 3-month Industrial Attachment (Electrical Engineering), UK
1 Principal Lecturer 3-month Technical Education Attachment (Objective Testing for
Technical Ed.), UK
1 Assistant Lecturer I 3-month Technical Ed. Course (Pitmanscript), UK
1 Assistant Lecturer II 3-month Technical Ed. Attachment, Germany
1 Assistant Lecturer II Professional Trade Courses (Printing), UK
1 Assistant Lecturer II Professional Trade Courses (Clothing), UK
1 Assistant Master Professional Trade Courses (Industrial Design), UK
5 weeks 9 weeks 19 weeks
3 months 3 months 3 months
3 months 3 months 1 year
1 year
1 year
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1026 Oral answers
Number and Rank Course Details Duration
1 Assistant Lecturer II The RSA Teachers Certificate Course and Pitmanscript Course,
1 year
1 Principal Lecturer UK Technical Teacher Training, UK 1 year 1 Education Officer Diploma in Adult Education, UK 1 year
2 Lecturers Dip. Course in the Licentiateship of The College of Speech Therapists, UK
1 Certificated Master Dip. Course in Teaching of the Physically Handicapped, UK
3 years 1 year
1 Education Officer M.Sc. in Education Psychology, UK 2 years
1 Education Officer Dip. Course in Teaching of the Blind Partially Sighted, UK
1 year
1 year
1 year
Labour
1 Assistant Education Officer
1 Assistant Education Officer
Dip. Course in Teaching of the Deaf & Partially Hearing, UK
Dip. Course in Teaching of the Educationally Subnormal, UK
1 Divisional Factory Inspector
Training Course on Advanced Construction Safety, UK
321 months
1 Labour Officer Dip. Course in Careers Guidance, UK 1 year Social Welfare
1 Principal Social Welfare Officer
Training Attachment (Child Care Service), UK
12 weeks
1 Social Welfare Officer Training Attachment (Mental Retardation), UK
1 Social Welfare Officer Training Attachment (Social Security), Singapore
Transport
1 Transport Inspector 6-week Attachments, UK (Bus Services)
1 Transport Inspector 9-week Attachments, UK (Bus Services)
Post Office
3 months 1 month
6 weeks 9 weeks
1 Assistant
Telecommunications
Engineer
Judiciary
Telecommunications Engineering Courses and Attachments
9 weeks
1 Chief Judicial Clerk 12-week attachment to Court of Justice, UK
12 weeks
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1027 Mark Six Lottory
2. MR ALEX WU asked:—
Sir, (a) what is Government's share from the new Mark Six Lottery since its inception?
(b) how does this compare with income from the previous lottery?
THE FINANCIAL SECRETARY:—Sir, the Government's share of the new Mark Six Lotteries conducted by the Hong Kong Government Lotteries Board is 25% of sales in the form of Betting Duty and, following payment of prize money and expenses, surplus proceeds are then paid into the Lotteries Fund. Since this form of lottery was started in September 1975, and up to 15th June 1976 General Revenue had benefited by $14.3 million from Betting Duty and the Lotteries Fund has benefited by $3.3 million.
The previous lotteries conducted in 1975 for example by the Government Lotteries Management Committee, which my honourable Friend was its most distinguished Chairman, raised a net amount of $3.1 million for credit to the Lotteries Fund in 1975-76. Betting duty was not charged on the proceeds of those lotteries.
Search warrants
3. MR CHEONG-LEEN:—
Will Government change the procedures so as to oblige Police and ICAC officers to rely as much as it is feasible to do so, on magistrates' warrants in the searching of homes or non-domestic premises, except on occasions of emergency?
THE SECRETARY FOR SECURITY:—Sir, private premises may be entered and searched only on the authority of a magistrate's warrant except in certain limited circumstances where particular ordinances contain special provisions.
These circumstances are often such that law enforcement action must be taken immediately, if it is to be effective and which are of special concern in the fight against crime. In each case the particular
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1028 [THE SECRETARY FOR SECURITY] Oral answers
special provision has been considered justified by this Council prior to the enactment of the ordinance concerned.
Examples of these special provisions are found in the Protection of Women and Juveniles Ordinance, the Dangerous Drugs Ordinance, the Arms and Ammunition Ordinance and the Prevention of Bribery Ordinance.
Both the Police Force and the Independent Commission Against Corruption have administrative instructions in force regulating the exercise of the powers of entry without warrant.
There is also a special procedure which applies in the case of searches by ICAC officers, authorized by warrant under the Prevention of Bribery Ordinance. Under section 17 of that ordinance a search warrant may be issued by the Commissioner or the Deputy Commissioner of the Independent Commission Against Corruption. Searches under this provisions can be authorized only by the Commissioner or Deputy Commissioner.
I am, Sir, satisfied that the conditions which led this Council to enact those special provisions of the kind to which I have referred still stand, and that to change the legislation could have an adverse affect on our fight against crime and corruption. In these circumstances I would not wish to propose any changes in the law or in the procedures of the law enforcement agencies in this respect.
Subsidies for students travelling in public transport
4. MR LOBO asked:—
Sir, is Government satisfied that the whole of the sum of $22,913,000 provided under Head 50 Subhead 123 is properly spent on subsidies for students who need to travel in public transport?
MR TOPLEY:—Sir, I have no reason to believe that there is significant abuse, for example, by school children using their passes on non-school journeys, or by children who have left school, but who have not yet surrendered their passes. But regardless of the mechanics of the scheme, its benefits are distributed unevenly in that they are available to students whose parents can afford to pay the full fare without hardship and the Secretary for Social Services in February of this year
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1029
appointed an inter-departmental Working Party with the terms of reference "To consider what categories of students should be given subsidised travel and to devise a scheme of assistance for them". He hopes to have the Working Party's report by September this year.
MR LO:—Did he imply, Sir, in this answer an effort by the Education Department to start a means test of the amount of subsidize which students should receive?
MR TOPLEY:—The imply in this answer is a dual answer that there is no reasons to believe that abuses flagrant but the principles of the scheme should be re-examined.
MR LO—Was that "yes" or "no", Sir?
MR TOPLEY:—Translating my honourable Friend's words into my own scheme is "yes".
UK entry certificate—delay in obtaining
5. DR CHUNG asked:—
(a) is Government aware of complaints made by some Hong Kong British passport holders about the need to fill in many long forms, to produce evidence of their bank accounts and to wait for many days in order to obtain a visitor's entry certificate to the United Kingdom and, if so,
(b) will Government make representations to the British Government to minimize the red-tape for such application?
SECRETARY FOR SECURITY:—Sir, the Director of Immigration is aware of only one recent case, made anonymously in the press about delay in issuing an Entry Certificate for Britain. Unfortunately the complainant has not responded to an invitation to contact the department and cannot be traced from the information given in his letter.
Entry Certificates are not mandatory for visitors to Britain, though to avoid possible delays many persons apply for them. For those who do so, a standard UK form containing 20 questions requires to be
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1030 [SECRETARY FOR SECURITY] Oral answers
completed. The Director of Immigration is required to ascertain the applicant's financial means: it is not always necessary to scrutinize bank statements.
Straight-forward cases are completed in 4 working days. In some cases the applications may have to be referred to the UK authorities, in which case completion might take up to 4 weeks.
In the circumstances it is not proposed to make representations at this time.
DR CHUNG:—Is Government aware that many third countries do not even require a visa for short visits by the Hong Kong passport holders and that many third countries would issue a non-immigrant visa within hours of application? In these circumstances, is it not that the Hong Kong Government has many good reasons to make representations to the British Government to minimize the red tape for entry certificate applications by Hong Kong passport holders?
SECRETARY FOR SECURITY:—Sir, as has been announced in the House of Commons recently, Britain is likely to take steps to tighten some of its immigration procedures in respect of visitors. The Hong Kong Government Immigration Department acts as an agent of the United Kingdom Government in the issue of entry permits which as I stress, are not mandatory. In acting as that agent it complies with the request of the British immigration authorities. The fact that there are third countries which do not insist on these requirements does not argue strongly for the Government of Hong Kong to press for a particular concession for Hong Kong in respect of entry visas which as I have said are not mandatory.
DR CHUNG:—Sir, is it not logical for a Hong Kong passport holder to assume that he would expect a more difficult entry to a third country than to his own country who issued the passport to him?
SECRETARY FOR SECURITY:—Sir, if my honourable Friend wishes me to make further representations on the basis of facts which he could produce, I should be very glad to do so, but I do not think it would be a very strong case on the basis of the handling of third countries.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1031 Training for Deaf Persons
6. DR FANG asked:—
Sir, will Government take steps to improve the training facilities for deaf persons, particularly those in the younger age group, so as to assist them to secure employment?
MR TOPLEY:—Sir, in the context of this question, the word "training" means two things. The first is the training of the senses of hearing and speech at an early age and the second is vocational training offered to young people at the time when they leave school. The Rehabilitation Programme Plan, now being finalized, will contain proposals for the improvement of identification and assessment services, so that the training of the deaf can begin at a very early age.
On the other hand, as regards vocational training, the Social Welfare Department and voluntary agencies do offer around 100 places annually for the deaf in 12 vocational classes. This training is matched to the characteristics and potential of the deaf. In practice, these facilities are not fully taken up as many deaf youngsters prefer to go straight to work after finishing their general education, and most succeed in finding jobs through their own efforts.
Immigration Department records—proposal to computerize
7. MR LOBO asked:—
Sir, will Government computerize the records of the Immigration Department and include in the plan facilities at all arrival and departure desks in the Colony in order to expedite processing of passengers as well as to eliminate the need to manually check the watch list (black book)?
SECRETARY FOR SECURITY:—Sir, computerization of Immigration Department records in respect of arrival and departure cards will be introduced on 1st October 1976. Further computerization of the records on the lines suggested by the honourable Member is being considered and a feasibility study is expected to be undertaken by the Data Processing Division of the Finance Branch towards the end of this calendar year.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1032 Oral answers
Summer job for Form V and VI students
8. MISS KO asked:—
Sir, has Government any plans to provide, both within the public and the private sectors, opportunities for employment during the summer months for Form V or Form VI students who have just completed their public examinations?
MR HENDERSON:—Sir, the short answer to this question is "no".
Government has no plans to provide temporary summer employment opportunities in the public service for Form V and Form VI students.
In the private sector, Government does not itself, of course, create job opportunities. This is entirely a matter for individual firms and undertakings. However, because of the current labour shortage in some industries there are very much better opportunities for temporary summer employment than have existed for the last two summers during more recessionary conditions.
I understand that particularly in the electronics and assembly industries such students are fairly eagerly sought, and that some factories are even running half-shifts largely to cater for them.
The Local Employment Service generally offers a placement service for job-seekers though this service is mainly geared to those seeking regular employment. It is not possible within the service to treat the Form V and Form VI as a special group, but advice and assistance where possible will always be given by the Youth Employment Advisory Service.
Traffic jam at Shek O
9. MR CHEONG-LEEN:—
Sir, what measures have been taken to avoid another serious traffic jam at Shek O, such as the one that recently occurred?
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1033
SECRETARY FOR THE ENVIRONMENT:—Sir, four new measures have now been taken to improve public transport arrangements for Shek O on Sundays and public holidays. They are:—
(i) the China Motor Bus Company has reserved a fleet of 30 double-deck buses for Route 9 which operates between Shau Kei Wan and Shek O. Provided that they are not impeded, these buses will operate at a 2-minute frequency;
(ii) part of the car park has now been converted for use as a supplementary bus terminus;
(iii) the existing PLB stand has been extended by using another part of the car park to make room for a total of 50 public light buses; and
Finally, a greater police presence is controlling traffic. When the PLB stand is full, public light buses are stopped and turned round at the junction of Shek O Road and Big Wave Bay Road.
These arrangements have improved the situation although, with the heavy demand for public transport at Shek O on fine days and public holidays and Sundays, some congestion is inevitable. The Government departments concerned are keeping the situation under review in co-operation with the China Motor Bus Company.
MR CHEONG-LEEN:—Sir, are these short term measures? As it is anticipated that the situation could worsen next year and what could be the longer term measures?
SECRETARY FOR THE ENVIRONMENT:—Sir, as I have said these measures are going to be kept under review. So far we haven't had a particularly fine day since the last incident, and we will judge on the effects of the new measures before deciding whether or not we need to do anything else.
MR CHEONG-LEEN:—Sir, that is the answer to the immediate situation. But, as I asked a little while ago, is it anticipated that the situation could worsen next year? And are any longer term measures being considered?
SECRETARY FOR THE ENVIRONMENT:—Sir, my reply was in fact to both parts of my honourable Friend's question: the long term measures will depend on how successful the short term measures are.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1034 Oral answers
Lantau Island—bus service
10. MR CHEONG-LEEN:—
Sir, are there any plans to improve the Lantau bus service, especially on weekends and holidays?
SECRETARY FOR THE ENVIRONMENT:—Sir, the new Lantau Bus Company has, in the past five months of this year, expanded its fleet from 41 to 45 vehicles. This, plus improved timetables, has meant a 22% increase in the number of passengers carried between January and May this year compared with the same period last year.
Although the very high demand on Sundays and public holidays is not met, on these days the system carries more than twice the normal weekday traffic. In other words, the buses are fully utilized on Sundays and public holidays, but are grossly under-utilized on weekdays. To further increase the local fleet purely to meet peak demand would be uneconomic.
A possible solution might be to temporarily supplement the local fleet during periods of high demand. With this in view the Commissioner for Transport is currently investigating the possibility of using contract hire vehicles, such as school buses, brought over from Kowloon and Hong Kong on Sundays and public holidays. He is also investigating the possibility of introducing double decker buses to Lantau for use on suitable routes.
New domestic premises—exemption from control
11. MR CHEUNG asked:—
Sir, with reference to the announcement made in this Council in July last year to the effect that new domestic premises completed by 31st December 1977 would enjoy five years' exemption from any controls that might then be in force over rents and tenure for post-war premises, would Government indicate whether, with a view to encouraging new development in the next few years, it would be prepared to extend this concession to domestic accommodation completed after that date?
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1035
SECRETARY FOR HOUSING:—Sir, I am glad to say that there has been a marked revival of confidence in private housing development in the last six months, but it is not possible to say to what extent this is due to natural cyclical influences, or to this concession. However, it is in everyone's interest that private developers should make the biggest possible effort in these times, because a bigger supply of housing is the only way to reduce dependence on legislation regulating rents and security of tenure. In this situation we should be prepared to give every possible encouragement to developers and purchaser of flats. It has therefore been decided that the present concession should be extended for one more year; that is, all new domestic premises completed by 31st December 1978 will (from the date of issue of the Occupation Permit) enjoy five years' freedom from any controls over rent and security of tenure that might then be in force.
MTR—Interchange at Kowloon Tong
12. DR CHUNG asked:—
Sir, when will Government make known the result of its investigation into the feasibility of an interchange for the Mass Transit Railway and the Kowloon-Canton Railway at Kowloon Tong?
MR MCDONALD:—Sir, the investigation into the feasibility of a MTR/KCR interchange station at Kowloon Tong is still in process. The proposal is dependent upon other investigations that are proceeding concurrently, such as the double tracking and regarding of the KCR line through Beacon Hill and predictions of passenger patronage. It has now been established that the building of an interchange station is feasible in principle but more detailed examination of its precise location, level and layout is necessary to ensure that the number of passengers that might use it can be handled by both railway stations and that the two railway services can operate satisfactorily whilst the interchange is under construction.
DR CHUNG:—Sir, is my honourable Friend in a position now to say when a final decision on this matter can be made?
MR MCDONALD:—Sir, it is hoped that the study now in hand will be sufficiently advanced to allow a submission to be made for inclusion of an item, a works item, in the Public Works Programme, at the Second Review of this year.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1036 Oral answers
Textile exports to Australia
13. MR TIEN asked:—
Sir, will Government make a statement regarding the present situation on textile exports to Australia, including those which were covered by the bi-lateral agreement which expired on 30th June 1976?
MR DORWARD:—Sir, I am conscious of the fact that my honourable Friend Mr TIEN's question is motivated by the fact that the Australian market for Hong Kong textile exports was, until 1975, regarded as one of substantial significance and growth potential; and that since that date, while still substantial, its growth possibilities have been overshadowed by uncertainties resulting from protective measures introduced by the Australian Government. It might be opportune if I attempt to place these in some perspective.
Following a period of substantial growth in textile imports into Australia, in which imports from Hong Kong featured prominently, the Australian Government has, since 1974, introduced a series of restrictive measures. These have taken the form of tariff quotas, a device whereby imports of the goods in question from any source are allowed in at the normal tariff rate only up to a certain quantity in a given year; and with all such imports thereafter being subject to a much higher over-quota duty rates. In the cases in question these higher rates of duty have been, for all practical purposes, virtually prohibitive and have thus had an effect very similar to quantitative import restrictions. The coverage of these tariff quotas has been substantially extended since 1st July 1976. As far as Hong Kong is concerned they now affect about 50% of the textile exports to Australia of those that we exported in 1975.
During 1975 the tariff quota levels were generally set much below the trade levels reached in 1974. The declared objective of the Australian authorities was to encourage the running down of substantial inventories which had been built up in 1974 following the revaluation of the Australian dollar and a 25% cut across the board in import duties, both of which had boosted imports in 1974. The tariff quotas for 1976, which have recently been announced, represent substantial increase over 1975 levels, although in a number of cases they remain still well below actual trade figures for 1973-74.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1037
The impact of these measures on Hong Kong trade has been mixed but, predictably in the circumstances, generally adverse. In 1975 the value of exports affected by the tariff quotas fell to $135 million compared with the 1974 figure of $220 million. Furthermore, the possibility of a substantial recovery in this trade as a result of the recently announced increases in the 1976 tariff quotas may, regrettably, be offset by the impact of an extension in coverage of the tariff quotas from 1st July this year. This extension takes in the items to which my honourable Friend Mr TIEN has made reference, namely those which were previously subject to a bilateral restraint agreement between Hong Kong and Australia which lapsed on 30th June 1976.
The global tariff quotas which have been set for these new items are generally comparable to, or are higher than, Australian imports of these products in 1975, so their effect on the volume of Hong Kong's exports of these products to Australia will be largely depended upon our competitiveness. There will, however, be a depressing effect on prices and profit margins because of the transfer of commercial bargaining power to Australian importers who, as quota holders, can select their sources of imports. The export value to Hong Kong of the products newly subjected to tariff quotas was $180 million in 1975.
The policies followed by the Australian authorities in this area of trade have been a matter of concern not only to Hong Kong but to many of Australia's other trading partners. In particular, regret has been widely expressed that Australia has not been able to see its way to operate within the framework of the Arrangement Regarding International Trade in Textiles, or the Multi Fibre Arrangement, to which it is a party. The Multi Fibre Arrangement provides for the bilateral negotiation of measures to safeguard the domestic industries of textile importing countries against imports which cause actual or threatened market disruption; and these measures generally involve a less severe impact on trade than the global tariff quotas which have been imposed in Australia. Criticism has been answered by statements that Australia has acted within the letter of its international obligations, notably those of the General Agreement on Tariffs and Trade, and in a manner which the circumstances of the Australian economy has required.
It is not possible to predict the likely duration of these global measures. A further widening of the coverage must be assumed to be unlikely, however, in view of an official Australian statement to the effect that the existing actions have resulted from reviews which
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1038 [MR DORWARD] Oral answers
covered the bulk of domestic textile production and were intended to ensure that reasonable stability of production and employment was maintained pending policy decisions on long term assistance measures for the Australian industry. In this connection honourable Members may be interested to note that, in announcing its latest measures, the Australian Government described them as being in the nature of short term measures, pending receipt later this year of a report by the Industries Assistance Commission on the long term protective needs of the clothing industry. On other textiles a similar report is due to be submitted in mid-1977.
Sir, at this stage all I can say by way of conclusion is that the Hong Kong Government has the situation under close review, with particular regard to its rights, and Australia's obligations, under the Arrangement Regarding International Trade in Textiles. The Australian Government has expressed its intention to seek recourse to the provisions of that Arrangement wherever this is feasible; and the Hong Kong Government will, as is its practice, respond promptly and constructively to any approach the Australian authorities may make in this context.
MR TIEN:—Sir, is there any danger for other countries to follow Australia's unfortunate example?
MR DORWARD:—Happily no, Sir. Along with the kangaroo and the duck-billed platypus, another unique feature of Australia is that it is almost alone among the developed countries in having a largely unbound tariff. What this means is that whereas most countries are committed by international obligations not to increase their tariffs above certain limits—for example, in the case of the EEC, 98 per cent of its tariffs are so bound and 99 per cent of the tariffs of the United States—but in the case of Australia, only 6 per cent of its tariff lines are bound. It can therefore increase tariffs for over-quota imports to a high level with virtual impunity, although some doubts have been expressed to the propriety of such actions where they have created virtually quantitative restrictions. In short, however, there appears to be little or no risk that others will follow what my honourable Friend describes as "Australia's unfortunate example".
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1039 Government business
Motions
CRIMINAL PROCEDURE ORDINANCE
THE ATTORNEY GENERAL moved the following motion:—
That the Indictment Rules 1976, made by the Chief Justice on the 11th June 1976, be approved.
He said:—Sir, the Indictment Rules 1976, which were made by the Chief Justice on the 11th June, deal with matters of form in relation to the drawing of indictments in criminal cases coming before the High Court.
I move that they be approved.
Question put and agreed to.
FACTORIES AND INDUSTRIAL UNDERTAKINGS
ORDINANCE
MR HENDERSON moved the following motion:—
That the Factories and Industrial Undertakings (Goods Lifts) (Amendment) Regulations 1976, made by the Commissioner for Labour on the 9th June 1976, be approved.
He said:—Sir, I move the motion standing in my name on the Order Paper for the approval of the Factories and Industrial Undertakings (Goods Lifts) (Amendment) Regulations 1976 which were made by me on 9th June 1976.
These short regulations give effect to an amendment to regulation 5 of the principal regulations as I undertook on 26th May 1976 to bring to this Council for approval at the earliest available opportunity. By these amendments, the frequency of periodic examination of goods lifts will be only once every twelve months instead of six months.
Question put and agreed to.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1040 First reading of bills
SECURITIES (AMENDMENT) BILL 1976
MISCELLANEOUS AMENDMENTS (ROAD TRAFFIC) BILL 1976
Bills read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).
Second reading of bills
SECURITIES (AMENDMENT) BILL 1976
THE FINANCIAL SECRETARY moved the second reading of:—"A bill to amend the Securities Ordinance."
He said:—Sir, when the Securities Bill was being debated in this Chamber, I pointed out that, due to the constantly evolving nature of the securities industry, that provisions of the bill could not be expected to be definitive for all time and that, in due course, amendments would be inevitable in the light of practical experience.
Since then nearly two and a half years have elapsed and during this time considerable experience has been gained of the practical workings of the Securities Ordinance and, as a result of this, a number of gaps and shortcomings in the legislation have been revealed.
The bill now before honourable Members is designed to fill in these gaps and remedy the shortcomings. The amendments proposed are concerned for the most part with clarification and application and none of them involves a change in the basic principles of the main ordinance.
I shall be selective, Sir, in my description of the bill leaving honourable Members to rely largely on the guidance provided by the explanatory memorandum rather than this speech.
The definition of "dealing in securities" has been amended in clause 2(c) to exclude agreements made for securities to be transferred or deposited with a person as collateral for a loan. At the time of drafting the principal ordinance, such agreements were included in the definition so as to oblige the substantial number of finance companies which were carrying on the business of granting loans and advances against securities to register. Now, however, all companies who accept deposits from the general public fall within the ambit of the Deposit-taking Companies Ordinance, which was enacted on 8th
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1041
January 1976. It is, therefore, appropriate that the power to regulate such companies should be excised from the Securities Ordinance.
Clause 2(i) amends the definition of "securities" by deleting "loans" and introducing "loan stock", as well as making it clear that the term excludes bills of exchange, promissory notes and non-negotiable debentures.
Clause 5 will enable the Securities Commission to make rules requiring the disclosure to the Commission by the chairman of a stock exchange committee of matters which adversely affect, or are likely to adversely affect, the ability of a member of the exchange to meet his obligations as a dealer. The Commission will be further empowered to make rules requiring a stock exchange to notify the Commission, and publish particulars, of any expulsion or suspension of a member from membership, or of any request to a member to resign his membership of the exchange.
The effect of clause 23 is that the requirement under Part IX of the ordinance for the submission of annual audited accounts of dealers will not apply to a dealer personally who is a director of a corporation solely by virtue of his dealing in securities on behalf of the corporation.
Clause 27 amends the definition of "stockbroking" business to include any business connected with securities conducted by companies operated by or under the control of a stockbroker. This will enable recourse to be made to the Stock Exchanges Compensation Fund established under Part X of the ordinance in the event of a default by any such company run by a stockbroker.
The purpose of clause 29 is to limit the circumstances in which a claim may be made on the Compensation Fund to defaults arising out of the business of dealing in securities as a stockbroker, and thus to exclude claims to recover other forms of debt such as, for instance, gambling debts.
Clause 30 seeks to amend section 123 of the principal ordinance relating to the Commissioner's powers to require the disclosure of information relating to the names of persons from, or to, or through whom, or on whose behalf, securities are bought or sold, and to the nature of instructions given in respect of a purchase or sale. The purpose of the amendment is to make it clear, in accordance with the original intention of the principal ordinance that nominee companies are obliged to disclose such information to the Commissioner, even though their instructions have taken the form of a request to deliver shares to a registered dealer, the client himself, or a third party rather than an explicit instruction to sell.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1042 [THE FINANCIAL SECRETARY] Securities (Amendment) Bill—second reading
Clause 32 seeks to amend section 127 relating to the Commission's powers to appoint inspectors. At present the Commission may appoint an inspector to investigate any matters concerning dealing in securities or the giving of investment advice, where it appears to the Commission that this is desirable for the protection of the public or of holders of securities, or is in the public interest because misconduct by a person who is dealing in securities or giving investment advice is alleged. The purpose of clause 32 is to extend the grounds on which an inspector may be appointed, and the areas which may be investigated to include all matters covered by the Securities Ordinance.
Motion made. That the debate on the second reading of the bill be adjourned—THE FINANCIAL SECRETARY.
Question put and agreed to.
MISCELLANEOUS AMENDMENTS (ROAD TRAFFIC)
BILL 1976
THE ATTORNEY GENERAL moved the second reading of:—"A bill to amend the Fixed Penalty (Criminal Proceedings) Ordinance and the Road Traffic (Amendment) (No 3) Ordinance 1974."
He said:—Sir, the bill makes two proposals—
First, that the offence of failing to carry a driving licence when driving should be one for which a fixed penalty may be demanded—$50 is proposed.
Second, that imprisonment should cease to be an alternative punishment for that offence where a person is convicted following prosecution in the normal way.
The suggestion that these changes be made has come from Unofficial Members of this Council in the light of views expressed among members of the public.
The first proposal will in fact give effect to the Government's original intention. As to the second proposal, it is now my view that a monetary penalty only will be sufficient— at least for an initial period after the new law comes into force.
Motion made. That the debate on the second reading of the bill be adjourned—THE ATTORNEY GENERAL.
Question put and agreed to.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1043 WINDOWS AND ORPHANS PENSION (EXEMPTION) BILL 1976 Resumption of debate on second reading (23rd June 1976)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
METRICATION BILL 1976
Resumption of debate on second reading (23rd June 1976)
Question proposed.
DR CHUNG:—Your Excellency, I am glad to see that Government eventually takes some positive legislative action to direct Hong Kong towards the inevitable goal of metrication. However, I must say that I have listened to the speech made by my honourable Friend, the Financial Secretary, in this Council during the introduction of this bill not without some concern and frustration.
The Metrication Committee which was appointed by the Government in 1970 to consider the various aspects of metrication, deliberated the matter of metrication in Hong Kong for almost two years and submitted a total of four reports to Government. In its fourth and final report dated December 1971, the Metrication Committee after a comprehensive study of many pioneer countries in their metrication movement recommended that the Hong Kong Government should follow the successful examples of these pioneer countries in establishing an autonomous body, called Metrication Board, for a period of about five to seven years with a full-time secretariat and financed by Government to guide, stimulate and co-ordinate the process of metrication in Hong Kong. With your permission, Sir, I would like to list out the various functions of the proposed Metrication Board as envisaged by the Metrication Committee:
(1) to be the focal point of liaison, on all matters concerning metrication, between Government and the private sector, and among the various segments of the private sector;
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1044 [DR CHUNG] Metrication Bill—resumption of debate on second reading (23.6.76)
(2) to collect, collate and disseminate information, both of a technical nature and otherwise, relating to metric usage generally or to developments in other countries;
(3) to advise Government departments and private organizations on all aspects of metrication;
(4) to advise and encourage individual sectors in the framing of their programmes and timetables for metrication, with a view to securing coherent sectoral or industry-wide programmes;
(5) to propagate metric thinking and to co-ordinate publicity measures taken towards this end; and
(6) to liaise with boards and similar bodies in other countries where a change to the metric system has been achieved or is in process.
It is the unanimous view of all the metrication authorities in the world that once the decision to go metric is taken by Government, it is essential that the change-over should be made as early as possible and that the period of transition should be as short as possible. This is in fact quite obvious. In the first place, in a period of inflation the earlier the change-over is made, the lower will be the cost of change. Secondly, there is bound to be some confusion during the change-over and therefore the shorter is the period of transition, the less will be the amount of disruption and chaos.
It is understood from the speech of the Financial Secretary that the Government would not accept the proposal of the Metrication Committee to establish an autonomous Metrication Board and that the Government would nevertheless expand its own Metrication Unit to help, plan, guide, facilitate and expedite metrication, initially and primarily, in various Government departments. This decision of Government is, with due respect, regrettable and indeed undesirable. This is because it implies that metrication in the private sector is of secondary importance and that the private sector is left out in the cold in matters concerning metrication. Although I subscribe to the policy of minimum interference by Government, yet in a matter of this important nature and national interest, Government cannot shed its responsibility in ensuring a swift, orderly, smooth and efficient process of conversion in the whole of Hong Kong.
If the metrication movement in Hong Kong is to be successful, the Metrication Unit should not and must not operate in isolation
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1045
within Government. It must not only involve but involve heavily with various segments of the private sector. Like other pioneer countries in metrication, such as the United Kingdom, Australia and Singapore, both the public and private sectors should work together closely and in harmony with a view to minimizing the period of transition, the cost of change and the amount of disruption. To achieve this objective, the Metrication Unit, though attached to the Economic Services Branch of the Colonial Secretariat, should carry out its work under the general guidance and direction of a Metrication Board consisting of representatives both of Government and of the private sector. I therefore urge Government to review its decision in this respect and to publish the four reports of the Metrication Committee.
Sir, when this bill is passed by this Council and enacted by Your Excellency, the SI units of measurement will become the authorized system in Hong Kong. The present Weights and Measures Ordinance, which is already out of date, should be replaced as soon as possible. There are a number of deficiencies in this ordinance. First, the weights and measures are in imperial and traditional Chinese units. Secondly, only units of mass, length and volume are included in the schedule. Thirdly, it seems rather odd in modern day Hong Kong that the Commissioner of Police is the authority to certify weights and measures.
With the rapid development of Hong Kong's industry and technology, it is absolutely essential that Hong Kong should have its own Standards Bureau where standards of all the metric units, including those SI units in the First Schedule and those non-SI units in the Second Schedule of this bill, are kept and the accuracy of measuring instruments can be verified and certified. It is hoped that Government will give early consideration to this proposal of establishing a Standards Bureau in Hong Kong.
With these comments, Sir, I support the bill before Council.
MR JAMES WU:—I share the concern and frustration expressed by my senior Member Dr the honourable S. Y. CHUNG on the apparent tardiness with which Government has been promoting the metrication move.
Dr CHUNG and I had spoken on a number of occasions on the need to accelerate metrication by adoption of the recommendations of the Metrications Committee which submitted its final report as early as 1971. We also notice that my honourable Friend the Financial Secretary had said, in his speech a fortnight ago in this Council, and I quote, "Since then the metric system has been increasingly accepted throughout
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1046 [MR JAMES WU] Metrication Bill—resumption of debate on second reading (23.6.76)
the world, and very few countries now remain uncommitted to its adoption." In view of the circumstances, Sir, I believe Members will be happier if the honourable Financial Secretary will agree to change the word "ultimate" into the word "immediate" so as to make the sentence in the penultimate paragraph of his speech to read "There the Metrication Unit will form the nucleus of a unit whose immediate (and I underline immediate) responsibility will be to help, plan, guide, facilitate and hopefully expedite the adoption of the international system of units throughout Hong Kong where this is appropriate."
Sir, with these words I support the motion.
THE FINANCIAL SECRETARY:—Sir, I am grateful to my honourable Friend Dr CHUNG for his characteristic contribution to a debate of this kind and also of course to my honourable Friend Mr James WU. Honourable Members will be well aware of the enormous contribution which Dr CHUNG has made as Chairman of the Metrication Committee, and will recognize the fund of knowledge and expertise and enthusiasm lying behind his speech today.
I recognise too my honourable Friend's natural disappointment that the Government, and when I refer to Government I include all my colleagues as well as myself (laughter), after taking some time to consider the Metrication Committee's recommendations, has been unable to accept its advice in respect of the establishment of an autonomous Metrication Board. But I do not believe that the differences between the Committee's recommendations and the Government's proposals in this respect are very substantial. Although its terms of reference are not yet settled, the advisory Board or Committee which we intend to establish will almost certainly have all the functions which my honourable Friend has just listed. Essentially the only difference will be that the Board will not be autonomous and the Government will have the final word (laughter). But in a matter as important as this, and given the way we normally arrange matters in Hong Kong with the help of advisory boards whose advice is normally taken seriously by the Government, I think that this arrangement is best suited to our circumstances.
I should like to take this opportunity to explain why the Metrication Unit will be concentrating initially on Government departments. Basically this is what the Metrication Committee originally suggested. In its Second Interim Report the Committee recommended that the
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1047
Government should take a firm decision to embark on metrication in those areas in which it is responsible. A great deal of work towards this has already been done within Departments, but the further work needed requires to be co-ordinated and it is this which the Metrication Unit will be doing. As its strength is increased, and we shall be making recommendations to the Finance Committee of this Council about this, and when the new Metrication Advisory Board is established, the Board and the Unit together can begin the task of introducing metrication throughout Hong Kong generally in the not too distant future. This is not a task which the Unit can tackle alone; it will require the advice, expertise and the authority of the members of the Board to tackle the job satisfactorily. My honourable Friend has urged the Government to review its decision on this. I should like to stress that the matter is not yet finally settled. We still have to consider the proposed Board's membership and terms of reference. But it is Your Excellency's intention to appoint a Board which will command respect, both in the private sector and within the Government, and whose advice will be taken very seriously indeed.
My honourable Friend Dr CHUNG has also urged the Government to publish the Metrication Committee's reports. It is now over four years since the Committee last reported but I willingly undertake to consider whether, and in what form, the Reports might be made available to the public.
Finally, Sir, my honourable Friend has referred to the Weights and Measures Ordinance and to the establishment of a Standards Bureau in Hong Kong. As he has said, the Weights and Measures Ordinance is out of date, and the Government has already put in hand a review of some of its rather antiquated provisions. In due course, when the Metrication Advisory Board is established, we shall be seeking its advice as to the provisions to be included in a new Weights and Measures Bill. I should also say, I think, that the Government has under consideration the possibility of establishing the Standards Bureau which my honourable Friend has referred to.
DR CHUNG:—Sir, on a matter of clarification, as my honourable Friend referred to the second interim report of the Metrication Committee I must say that report was made in 1970 which was six years ago and at that time the Metrication Committee never would have thought it would take the Hong Kong Government six years to respond to that particular recommendation.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1048 Metrication Bill—resumption of debate on second reading (23.6.76)
THE FINANCIAL SECRETARY:—I have only been associated with this subject recently so I am not too clear as to the precise sequence of events (laughter).
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
COMMISSIONS OF INQUIRY (AMENDMENT) BILL 1976
Resumption of debate on second reading (23rd June 1976)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
SUPREME COURT (AMENDMENT) BILL 1976
Resumption of debate on second reading (23rd June 1976)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
PLACES OF PUBLIC ENTERTAINMENT (AMENDMENT)
BILL 1976
Resumption of debate on second reading (23rd June 1976)
Question proposed.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1049
MISS KO:—Sir, the proposed changes to the Places of Public Entertainment Ordinance as provided for in the bill now before this Council are most welcome at this time. They are necessary steps in our effort to ensure that the entertainment offered to the people of Hong Kong, through the medium of the cinema, maintains the standards of good taste, common sense and wholesome entertainment that the majority desires.
It is obvious that the Government and the Commissioner for Television and Films have given a great deal of thought as how best to deal with the complex problem of censorship. I am pleased that it is proposed to increase the membership of the Film Board of Review from four to seven persons. I also welcome the idea to appoint two members of the public to the Board and to invite other members of the public to attend each censorship screening and record their comments. If, over a period of time, a marked and sustained pattern of dissent emerges from that advisory panel, I hope that the existing published Film Censorship Standards will be re-examined in the light of such dissent. At the same time I hope that it will be possible to channel the views of the panel to the Television Advisory Committee. The present standards which the censors apply to films have been more closely defined and a guidance note on these standards has been published as an open document. I think that this is good for the development of film censorship.
During the period from January 1 to August 31 last year, 417 films were submitted by distributors for censorship. Of this figure, 182 or 47% were classified as unsuitable for viewing by children. The figures for 1976, from January 1 to the end of June, show that 341 films were submitted for censorship and that 178 or 52% of them were classified as unsuitable for viewing by children. A quick comparison of these statistics will show that the situation this year is likely to be even worse than it was last year. I have mentioned before my concern regarding the increasing number of children and young people viewing films which have been classified as unsuitable for their age. I urge Government to reconsider very carefully the possibility of legislating to restrict entry to specified films to persons over a particular age. I appreciate that such legislation may be difficult to police, particularly as the prevention and detection of crime is of major importance, but I submit, Sir, that one of the reasons for our increasing crime rate is the ready availability of films which make crime and violence appear the norm. Perhaps one of the answers to this particular problem may be for cinema operators to restrict their sales of advance bookings or to make other managerial changes. I realize that this may not be
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1050
[MISS KO] Places of Public Entertainment (Amendment) Bill—resumption of debate on second reading (23.6.76)
welcomed by cinema operators but in the light of the seriousness of the problem whereby so many children and young people are attending unsuitable movies, I think it well worth the burden.
I am also very pleased that at last film trailers, excerpts and display materials are to be subject to censorship. On a related matter I hope that lewd film advertisements appearing in our newspapers will be dealt with more firmly under the Objectionable Publications Ordinance.
However, it is important that we provide an entertaining and healthy substitute for the poor quality material presently being screened. Recent research on the effect of films on young minds indicates that it has a great influence. It has been long appreciated that good theatre (and hence films) has an ennobling effect on audience and I would urge greater local participation in the production of more good quality wholesome, interesting and entertaining films in order to improve cinema viewing for children.
I also welcome the provision for heavier penalties for infringement of the legislation from $2,000 to $10,000 and six months' imprisonment. I am sure the general public will welcome these efforts to maintain and improve the standards of film entertainment in Hong Kong.
Sir, with these comments, I support the bill.
SECRETARY FOR HOME AFFAIRS:—Sir, I am grateful to my honourable Friend Miss KO for her encouraging words in support of the Places of Public Entertainment (Amendment) Bill. She has raised two points on which I should like to comment.
The first is on the question of restricting admission of viewers to films according to their age. As my honourable Friend has said, the problem of enforcement is a difficult one. The Commissioner for Television and Films has recently discussed with the film industry the possibility of cinema managements takings up enforcement responsibilities but the response has not been encouraging. This issue has been kept under review since it was last raised in this Council in 1971. I doubt if we will be able to find a satisfactory solution until the problems relating to enforcement have been resolved as it would be undesirable at the present time to place the extra burden on the Police Force.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1051
As regards the question of objectionable materials appearing in newspapers, I would like to say that all film advertisements, whether or not they are published in newspapers, are subject to censorship. This is provided for under section 8(1) of the existing Film Censorship Regulations. Other film publicity material published in newspapers and entertainment magazines is also monitored and the discovery of any publications believed to be in breach of the Objectionable Publications Ordinance will be brought to the attention of the enforcement authority for possible prosecution.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
IMMIGRATION (AMENDMENT) BILL 1976
Resumption of debate on second reading (9th June 1976)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
ROAD TRAFFIC (AMENDMENT) BILL 1976
Resumption of debate on second reading (23rd June 1976)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1052 ELECTRICITY SUPPLY (AMENDMENT) BILL 1976
Resumption of debate on second reading (23rd June 1976)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
Committee stage of bills
Council went into Committee.
WIDOWS AND ORPHANS PENSION (EXEMPTION) BILL 1976 Clauses 1 to 3 were agreed to.
The Schedule was agreed to.
METRICATION BILL 1976
Clauses 1 to 4 were agreed to.
First, Second and Third Schedules were agreed to.
COMMISSIONS OF INQUIRY (AMENDMENT) BILL 1976
Clauses 1 to 7 were agreed to.
SUPREME COURT (AMENDMENT) BILL 1976
Clauses 1 and 2 were agreed to.
PLACES OF PUBLIC ENTERTAINMENT (AMENDMENT)
BILL 1976
Clauses 1 to 5 were agreed to.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1053 IMMIGRATION (AMENDMENT) BILL 1976
Clauses 1 and 2 were agreed to.
Clause 3
SECRETARY FOR SECURITY:—Sir, I move that clause 3 be amended as set out in the paper before honourable Members. This amendment deals with two items and I would like to take the second first, namely, (b).
I gave notice in my speech on the second reading that I would be moving an amendment at the Committee Stage limiting the maximum period of recognizance. The introduction of subsections (5) and (6) to Section 36 achieves this. This amendment proposes that whenever one of the four conditions set out in subsection (5) is satisfied the recognizance shall cease to have effect. The amendment also ensures that a recognizance shall not normally be for a period in excess of 6 months, though with the approval of the courts a further extension of 6 months may be given.
The amendment at (a) limits the application of this system of recognizance to those who are liable to be detained while enquiries are being made on whether removal orders should be made against them by the Governor. For this reason it makes reference only to section 32(2). There is no necessity to retain the reference in the bill itself to sections 30 and 34 and the amendment deletes this.
Proposed amendment
Clause
3 That clause 3 be amended—
(a) in the proposed new subsection (3) to section 36 by deleting "section 30, 32 or 34" and substituting the following—
"section 32(2)";
(b) by adding after the proposed new subsection (4) to section 36 the following new subsections—
"(5) A recognizance entered into pursuant to subsection
(3) shall cease to have effect—
(a) where the person who has entered into the
recognizance has been detained under section 32(2);
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1054
Immigration (Amendment) Bill—committee stage
(b) where the person who has entered into the
recognizance has a removal order or deportation
order made against him;
(c) where it is decided that a removal order will not be
made in respect of him;
(d) upon the expiration of 6 months from the date on
which the recognizance was entered into or upon
the expiration of the period for which the
recognizance has been extended under subsection
(6),
whichever is the earlier.
(6) A magistrate may, on application by the Director
prior to the expiration of a recognizance entered into pursuant to subsection (3), extend the recognizance for such period not exceeding 6 months as the magistrate thinks fit.".
The amendment was agreed to.
Clause 3, as amended, was agreed to.
Clause 4
SECRETARY FOR SECURITY:—Sir, I move that clause 4 be amended as set out in the paper before honourable Members.
Honourable Members will recall that in clauses 4, 5 and 8, the bill sought to provide that the offence of remaining in Hong Kong without the authority of the Director of Immigration, or of contravening a condition of stay, shall be a continuing offence. Some Members have expressed some concern to me regarding this proposal, saying that it might, in certain circumstances, give greater discretion and powers than are necessary for effective administration of that part of the Ordinance covering illegal entry into, and overstaying in Hong Kong. The Director of Immigration and I have considered this proposal most carefully with some Unofficials who formed themselves into a special group to represent their views and to whom I am most grateful for the consideration which they have given to our original amendment.
We concluded as a compromise that as an alternative to the creation of continuing offences we should propose an amendment to section 46. This amendment is set out in the Order Paper. It seeks
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1055
to amend Section 46 so that a complaint laid in respect of the offences of remaining here unlawfully or contravening a condition of stay must be made within 3 years rather than 2 years as at present. I hope that in practice this amendment will give the Director of Immigration the time limit which is required and that experience will show that it does provide the necessary period in which, as illegals and overstayers surface, they are prosecuted. If, after a period, this is found not to be the case then we shall have to consider it again. On this basis I commend the amendment to honourable Members.
Proposed amendment
Clause
4 That clause 4 be deleted and that there be substituted the following—
"Repeal and replacement of
4. Section 46 of the principal Ordinance is repealed and replaced by the following—
section 46. "Limitation of time for
prosecution
of summary
offences.
46. (1) Subject to subsection (2), a complaint may be made or an information laid in respect of an offence under this Ordinance punishable only on summary conviction within 2 years from the time when the matter of such complaint or information respectively arose.
(2) A complaint may be made or an information laid in respect of an offence under section 38(1)(b) or section 41 within 3 years from the time when the matter of such complaint or information respectively arose.".".
The amendment was agreed to.
Clause 4, as amended, was agreed to.
Clause 5
SECRETARY FOR SECURITY:—Sir, I move that clause 5 be deleted.
The deletion was agreed to.
Clauses 6 and 7 were agreed to.
Clause 8
SECRETARY FOR SECURITY:—Sir, I move that clause 8 be amended as set out in the paper before honourable Members.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1056 Immigration (Amendment) Bill—committee stage
Proposed amendment
Clause
8 That clause 8 be amended by inserting after "section 46 of the principal Ordinance" the following—
"repealed by section 4 of this Ordinance".
The amendment was agreed to.
Clause 8, as amended, was agreed to.
EMPLOYMENT (AMENDMENT) BILL 1976
Clause 1 was agreed to.
Clause 2
MR HENDERSON:—Sir, I move that clause 2 be amended as set out in the paper before honourable Members.
These amendments are to give effect to the proposal advanced by my honourable Friend Dr CHUNG during the debate on the second reading of this bill on 23rd June that the fourth additional statutory holiday should be a "floating holiday" to be designated by employers for each year. The amendment also gives effect generally to the necessary safeguards that I outlined in my reply to the second reading debate.
Proposed amendment
Clause
2 That clause 2 be deleted and there be substituted the following—
"Amendment of section 39. (Cap. 57.)
2. Section 39 of the principal Ordinance is amended— (a) by deleting subsection (1) and substituting the following— "(1) Subject to subsections (2) and (3), an employee shall be granted a holiday by his employer on each of the following days—
(a) Lunar New Year's Day;
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1057
(b) the second day of Lunar New Year;
(c) the third day of Lunar New Year;
(d) Ching Ming (清明) Festival;
(e) Tuen Ng (端午), Dragon Boat Festival;
(f) the day following the Chinese Mid-Autumn (㆗ 秋) Festival;
(g) the Chung Yeung (重陽) Festival;
(h) the Chinese Winter Solstice Festival (冬節) or Christmas Day, at the option of the employer;
and
(i) the first day of January.";
(b) in subsection (4) by inserting after the words "substituted holiday" where they twice appear the following—
"or a holiday under subsection (5) or (8)"; and
(c) by inserting after subsection (4) the following new subsections—
"(5) In addition to the holidays granted by
subsection (1) an employee shall each year be granted a holiday by his employer on a day to be fixed by the employer not being a statutory holiday, an alternative holiday or a substituted holiday.
(6) A day fixed as a holiday under subsection (5)
shall be notified by an employer to each of his employees by notice posted in a conspicuous place in the place of employment not later than the end of the year next preceding the year in which the holiday under subsection (5) is granted.
(7) An employer shall cause any notice posted
under subsection (6) to remain so posted until the end of the year next following the year in which it was posted.
(8) If an employer does not fix a day to be a
holiday under subsection (5) or notify a day so fixed in the manner required by subsection (6) every employee shall be granted a holiday on the first weekday in July or on the first Monday in August, at the option of the employer.".
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1058 Employment (Amendment) Bill—committee stage
The amendment was agreed to.
Clause 2, as amended, was agreed to.
New clause 3
Clause read the first time and ordered to be set down for second reading pursuant to Standing Order 46(6).
MR HENDERSON:—Sir, in accordance with Standing Order 46(6), I move that a new clause 3 as set forth in the paper before honourable Members be read the second time.
The new clause introduces consequential amendments to section 40 of the ordinance, necessitated by the amended clause that has just been agreed to.
Question put and agreed to.
Clause read the second time.
MR HENDERSON:—Sir, I move that the new clause 3 be added to the bill.
Proposed Addition
Clause
New
clause 3 "Amendme nt of section 40.
That there be added after clause 2 the following new clause—
3. Section 40 of the principal Ordinance is amended—
(a) by inserting after the words "statutory holiday" where they first appear the following—
"or a holiday under section 39 (5) or (8)"; and
(b) by inserting after the words "substituted holiday" the following— "or a holiday under section 39 (5) or (8)".".
The addition of the new clause was agreed to.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1059 ROAD TRAFFIC (AMENDMENT) (NO 2) BILL 1976
Clauses 1 and 2 were agreed to.
ELECTRICITY SUPPLY (AMENDMENT) BILL 1976
Clauses 1 to 3 were agreed to.
LANDLORD AND TENANT (CONSOLIDATION)
(AMENDMENT) BILL 1976
Clause 1 was agreed to.
Clause 2
SECRETARY FOR HOUSING:—Sir, I move that clause 2 be amended as set out in the paper before honourable Members.
Proposed amendment
Clause
2 That clause 2 be deleted and that there be substituted the following new clause—
"Amendment of section 10. (Cap. 7.)
2. Section 10 of the principal Ordinance is amended— (a) in subsection (3)—
(i) by deleting "$1,000" and substituting the following— "$5,000"; and
(ii) by deleting "12 per cent" and substituting the following—
"20 per cent"; and
(b) by inserting after subsection (3) the following new subsections—
"(3A) Subject to subsection (3B), in determining the amount of expenditure on additions or improvements for the purposes of subsection (3), expenditure incurred in the 6 months immediately prior to the date of the application to the tenancy tribunal may be aggregated.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1060
Landlord and Tenant (Consolidation) (Amendment) Bill—
committee stage
(3B) No account shall be taken of—
(a) expenditure incurred prior to the commencement of
the Landlord and Tenant (Consolidation) (Amendment)
Ordinance 1976;
(b) expenditure in respect of which an increase in rent has
previously been made under this section.".
Clauses 3 to 4 were agreed to.
Clause 5
SECRETARY FOR HOUSING:—Sir, I move that clause 5 be amended as set out in the paper before honourable Members.
Proposed amendment
Clause
5 That clause 5 be amended in proposed new section 55A—
(a) by inserting after subsection (4), the following new subsections— "(4A) Subject to subsection (4B), in determining the amount
of expenditure incurred on improvements expenditure incurred in
the 6 months immediately prior to the date of service of the notice
of increase under subsection (2) may be aggregated.
(4B) No account shall be taken of—
(a) expenditure incurred prior to the commencement of
the Landlord and Tenant (Consolidation)
(Amendment) Ordinance 1976;
(b) expenditure in respect of which an increase in rent has
previously been made under this section.
(4C) Where a landlord serves on a tenant, a notice of
increase under subsection (2) the landlord shall send a
copy of that notice to the Commissioner.";
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1061
(b) in subsection (5) by deleting paragraph (a) and substituting the following—
"(a) that the improvement was unnecessary:
Provided that where the premises the subject of the
improvement comprise 3 or more tenements and more than
two thirds of the tenants of those premises (other than
subtenants) have consented in writing to the improvement,
the improvement shall be deemed to be necessary;"; and
(c) in subsection (6) in the definition of "improvement" by deleting "or replacement of" and substituting the following—
"of additional".
The amendment was agreed to.
Clause 5, as amended, was agreed to.
Clause 6 was agreed to.
Clause 7
SECRETARY FOR HOUSING:—Sir, I move that clause 7 be amended as set out in the paper before honourable Members.
Proposed amendment
Clause
7 That clause 7 be amended in proposed new section 63A by inserting after subsection (4) the following new subsection—
"(5) Where a principal tenant serves on a subtenant a notice of increase under subsection (3), the principal tenant shall send a copy of that notice to the Commissioner.".
The amendment was agreed to.
Clause 7, as amended, was agreed to.
Clause 8 was agreed to.
Council then resumed.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1062 Third reading of bills
THE ATTORNEY GENERAL reported that the
Widows and Orphans Pension (Exemption) Bill 1976
Metrication Bill 1976
Commissions of Inquiry (Amendment) Bill 1976
Supreme Court (Amendment) Bill 1976
Places of Public Entertainment (Amendment) Bill 1976
Road Traffic (Amendment) (No 2) Bill 1976
Electricity Supply (Amendment) Bill 1976
has passed through Committee without amendment and that the
Immigration (Amendment) Bill 1976
Employment (Amendment) Bill 1976
Landlord and Tenant (Consolidation) (Amendment) Bill 1976
had passed through Committee with 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.
Adjournment
Motion made, and question proposed. That this Council do now adjourn—THE COLONIAL SECRETARY.
3.52 p.m.
Development of Culture
MR CHEONG-LEEN:—Sir, since you became Governor of Hong Kong, you have been recognized as a steadfast Patron of the Arts.
In the Middle Ages, rich and powerful patrons were an absolute necessity to enable men of talents to reach the full flowering of their creativity.
In this later part of the twentieth century, it behoves men of vision, wisdom and sensitivity such as Your Excellency and Members of this august Council to give support to those individuals in our community who have the gift to create beauty and truth through
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1063
artistic endeavours. For culture enriches the mind, ennobles the spirit and illumines the future of man and society.
Within the past ten years, the Urban Council has been the pacesetter in the development of the arts, particularly since the advent of the City Hall Complex. The mere provision of first-rate even though limited physical facilities in the City Hall has proved a tremendous boon in stimulating the cultural climate of Hong Kong.
The Urban Council's achievements in the realm of arts are well-known and need little elaboration. The Council's cultural presentations include a wide spectrum: orchestral performances, individual recitals both vocal and musical, operas, dramas, ballets, musicals and film festivals. Such presentations attract both young and old, the traditional and the modern-minded.
Additionally, the extensive library services, the Museum of Art and the Museum of History have a programme of expansion designed to cope, within budgetary limitations, with the growing demands of a sophisticated and progressive community. A museum of science and technology is now regarded as a feasible objective.
I have made no mention at all of the Urban Council's entertainment programme, details of which are in the Council's monthly report, and which cover functions such as Cantonese opera, band concerts, carnivals, puppet shows and youth dances.
It appears that Hong Kong can look forward to a cultural upsurge which augurs well for a local cultural identity to emerge if there is close co-operation between Government, the Urban Council, and such institutions as the Universities, the Arts Centre, and the private cultural organisations.
The early completion of the Tsim Sha Tsui Cultural Complex which will eventually be managed by the Urban Council will owe much to Your Excellency's far-sighted and inspiring patronage. Upon completion, it will mark the entering of an era when Hong Kong becomes culturally of age in relation to other great cities of the world.
The uniqueness of Hong Kong is that we are an open international city, betwixt East and West, non-political but yet motivated towards attaining high levels of economic, social and other values which are productive within the Hong Kong environment.
Apart from the Tsim Sha Tsui Cultural Complex, Government has also given its support to the Arts Centre by providing the land for
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1064 [MR CHEONG-LEEN] Development of Culture
the building. Government's continued connection with the Arts Centre is assured through the Board of Governors who are appointed by the Governor to maintain financial viability and ensure that the Centre operates for the benefit of the community as a whole. With the opening ceremony being tied in with the 1977 Hong Kong Arts Festival, I venture to think that the future holds exciting possibilities for more interchange and development in Chinese and Asian and Western art forms.
In particular, I would hope that the Arts Centre will be in the forefront in fostering the different schools for the teaching of the visual and the performing arts, both Western and Chinese.
As regards the Arts Festival, it would be no exaggeration to say that the Festival is becoming year after year an event of international cultural significance. It spotlights Hong Kong's expanding cultural environment.
We should not forget too that the Arts Festival introduces to our community, which is so predominantly Chinese, the highest creative and technical competence in Western art. Such exposure will I am sure stir the creativity and ambitions of our local budding artists.
It can thus be seen that in the world of art, Hong Kong is not standing still but is striving to keep pace with economic and social development. Whether or not the pace is fast enough is a matter of personal judgment.
What is becoming ever more evident is the need for an in-depth and long-range appreciation of Government's evolving policy towards supporting cultural growth in Hong Kong.
Together with the Urban Council's cultural activities, the Government's financial commitment towards the future development of culture may not be in sum total all that insignificant.
It would therefore seem desirable that a separate Cultural Services desk be now set up in the Home Affairs & Information Branch for the purpose of clarifying, expediting and co-ordinating the priorities in Government's efforts to foster the development of culture in Hong Kong.
At present, all this work is in the protfolio of a Principal Assistant Secretary who has an onerous load of other important tasks, including
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1065
co-ordinating the Fight Violent Crime Programme which is a major responsibility in itself and a subject of the utmost priority.
Whoever is appointed to the Cultural Services desk should be culture-oriented, even though he or she would have to be part of the bureaucratic machinery.
Some of the responsibilities which could be assigned to the Cultural Services desk would be:
1. Co-ordinating the short and long-term approach and reviewing priorities in Government's cultural and entertainment plans.
2. Co-ordinating the Government's role with the Urban Council's cultural activities in the urban areas and through the New Territories Administration in the New Territories, and projecting financial and other requirements.
3. Indicating the need for attention in certain areas such as local literature and the awarding of prizes to creative works of outstanding excellence.
4. Attending to such mundane tasks as resuscitating the Antiquities Ordinance which has been in limbo for perhaps more than a year, all because no one seems to have the responsibility of finding a secretary to implement the ordinance.
Sir, I have pleasure in supporting the motion.
MR ALEX WU:—I return to this debate to the subject of the Government's commitment to positive action in the cultural field with renewed encouragement. I have never doubted the enthusiasm of my unofficial colleagues for cultural matters but I have sometimes wondered whether some of them might share a general view that cultural development is a very nice thing but must take a low priority as far as Government effort and expenditure are concerned. After the speech of my honourable Friend, Mr Hilton CHEONG-LEEN, I no longer feel that mine is such a lone voice crying in the wilderness.
I would like to think that this is the first sign of a reward for persistence. I spoke on this matter last October and again during the budget debate earlier this year.
When I referred to cultural affairs last October my honourable Friend, the Director of Education, referred to the subject as "a profound business". He said he was "brooding" and that, on an appropriate
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1066 [MR ALEX WU] Development of Culture
occasion, he would discuss the arts and crafts element of education and how the teachers of tomorrow were being prepared for their role in this. I look forward to that occasion and hope that he will not be broody for too long. I hope that when he does find a suitable occasion he will not merely give an account of what is being done now. If enough were being done in the field of arts and crafts in our schools to constitute a real contribution from Government to the cultural life of the community, I would not be as insistent as I have been and as I intend to be.
I am encouraged by the Director of Education's promise that one of the matters he would deal with is the preparation of teachers to play a role in cultural development. This is undoubtedly one of the keys.
But the teachers now in the training colleges are themselves only the product of the existing education system. A short course in the arts and crafts is not going to transform the cultural life of the community.
When I speak of culture I am speaking of something which should permeate the whole life of the community and enrich the life of every individual.
When the Director of Education spoke last November he quoted an early President of the United States who expressed the priorities attitude to culture—his countrymen had to study politics and war so that their sons might study more practical subjects for the development of their economy before their children in turn could study art. He described this as a "noble" statement.
With respect I would suggest that however noble it was for its time it is an out-dated attitude. If we are forever to place the expenditure of effort and money on culture far down the list after economic development then who is to say when we shall have enough economic development to be able to afford to turn our attention to culture?
This is not early America. However committed we are to economic development, however hard working our community, we do have leisure time and we are already exposed, commercially, to a vast amount of entertainment.
Some of it is good and might qualify for the definition of culture in the best and most acceptable sense of that word. Some of it is
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1067
highly undesirable and some of it, I fear, is positively dangerous. That is why there is wide spread concern over the effect on young people of the excessively violent and salacious nature of so much of the material in the cinemas and on television which fills the present cultural vacuum. That is why we have a Commissioner for Television and Films—a necessary but an entirely negative approach to a cultural problem.
On the other hand the efforts made by the Urban Council and a number of other unofficial organizations are admirable and the response from the public should be proof enough that there is a thirst for culture and that effort expended is no waste.
I do not think anybody would now describe Hong Kong as a cultural desert—an arid area without a single oasis. No one could realistically so describe a city which has mounted successful international festivals of the arts, which has a flourishing professional orchestra with an enthusiastic following and regular programmes of drama and music in its City Hall.
Hong Kong is not a cultural desert. It is a culturally under-developed area which simply needs an irrigation plan.
My honourable Friend, Mr Hilton CHEONG-LEEN, has painted a relevantly rosy picture of what has been achieved to date in the cultural field. He has referred to Your Excellency's own personal enthusiasm which has been instrumental, as many of us know, in enlisting wider support for private initiatives. There are, indeed, some blossoms in our land but I would tend to regard them as an indication that there is not merely a need but a demand for more. Most of what has been done has not been at the initiative of the central government. Under your guidance, Sir, Government has indeed assisted the development of many admirable projects and without that assistance we should be no better off culturally than we were five or more years ago. But broadly speaking our cultural achievements are still of a kind and a range which reaches only an elite few—those who already had a taste for music and the other arts and the opportunity to enjoy it conveniently. The next step must lie with Government and it must involve a stated government commitment and an element of constructive planning. My honourable Friend has placed the responsibility in the Home Affairs and Information Branch and has made some specific proposal. When I raised this question last year it was the Director of Education who took the responsibility for answering me, or more correctly, promising to answer me. Whoever it is to be, I look forward to a definite statement on the broad issue and on Government's intentions in practical terms in the near future.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1068 [SECRETARY FOR HOME AFFAIRS] Development of Culture
SECRETARY FOR HOME AFFAIRS:—Sir, my honourable Friends Mr Hilton CHEONG LEEN and Mr Alex WU both spoke eloquently and with conviction about the importance of culture and they made a concerted plea for greater Government efforts to foster its development in Hong Kong. I should like to state briefly what services Hong Kong is providing at present in the field of culture though I shall not repeat many aspects which have been covered by my honourable Friends in their speeches.
Firstly, I would like to acknowledge the contribution of the Urban Council towards the development of culture. However, the Council's jurisdiction does not extend into the New Territories, where the Director of Urban Services is the authority for providing cultural services. My honourable Friends will be pleased to know that the Governor-in-Council has just approved certain proposals to expand library services in the New Territories. These involve the provision of public libraries in all the New Towns and other large New Territories districts as well as mobile libraries for rural areas and "book box" services for the islands. Plans are also being formulated for the provision of auditoria, exhibition rooms and other ancilliaries in the densely populated parts of the New Territories.
Apart from the provision of facilities, Government, through the District Officers and the City District Officers, also plays an important role in promoting cultural activities by working closely with cultural organizations, schools and other civic bodies in organizing and in arranging arts exhibitions, concerts, theatrical performances and other similar events. I would also like to mention that the Home Affairs Department has for two successive years sponsored a Hong Kong Youth Cultural and Arts Competitions to promote greater interest in the study of Chinese art and culture. More than 3,000 young people participated in Chinese calligraphy, painting, public speaking and essay writing.
In the field of entertainment, Radio Television Hong Kong contributes to local cultural activities by broadcasting musical programmes including Cantonese opera, Peking opera, Chiu Chow opera, provincial music, Chinese art and folk songs, and western classical and modern music. The Lung Cheung Opera Company of the Chinese Radio Service works closely with the Urban Council and presents several outdoor performances per month of traditional Cantonese opera.
Sir, the services of the Education Department relating to culture are diverse. The school inspectors assist schools and other Government
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1069
and non-Government bodies in organizing cultural activities such as speech and song contests, dance festivals, drama competitions and historical and geographical exhibitions. The School Music Festival is invariably well supported and its standards are high. The Physical Education Section and the Recreation and Sport Service organize competitions in oriental and western dancing as well as other cultural and recreational programmes.
Mr WU spoke of the need for Government to do more in the field of arts and crafts in our schools. He will be interested to know that the Director of Education plans to expand facilities in schools in the next few years for teaching Arts and Design as well as Design and Technology. This will involve the training of teachers through in-service courses and the colleges of education in the teaching of these cultural subjects. Indeed, one of the main objectives in teacher training is to prepare our teachers to cope with current and projected developments in education and, in particular, to cope with the more imaginative and pupil centred approaches to curriculum development which the Education Department is actively pursuing. Lecturers in the colleges of education are well aware of the need for new initiatives in curriculum and are in fact playing an important role in the curriculum development process. In terms of culture, the colleges of education have for some years been offering third-year courses for their students and these include Physical Education, Art and Design, Music and Home Economics. These courses I understand are highly regarded both by the students on the courses and by the schools eventually employing them.
I hope I have convinced my honourable Friend Mr WU that we are doing much more than a mere short course in the arts and crafts for teachers in order to preserve and promote culture in our schools.
The development of culture is also connected with the development of higher education. The Universities run courses on drama, music, fine arts, as well as Chinese language and literature. In addition, the Hong Kong University has a Centre of Asian Studies which offers a mixed range of work but basically all culture. The Hong Kong Polytechnic offers courses on design and graphics and has the largest language laboratory in Hong Kong. This year's Budget for higher education is about $324 million, which is six times the budget in 1966-67. Allowing for cost increases and a population increase, we are spending somewhere between two and three times as much per head of population on higher education than we were ten years ago. I mention these figures because a marked development of higher education will at least have a cultural spin-off.
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1070 [SECRETARY FOR HOME AFFAIRS] Development of Culture
Sir, I have briefly outlined the services directly provided by Government in relation to cultural development. But there are other activities which are organized either with or without financial assistance from Government.
Music, art, history, Cantonese opera, serious and light dramas all have their place in the current output of the five commercial television channels and one commercial radio station. One television station is broadcasting a weekly concert series from overseas and there are also occasional appearances by local musicians. Art appreciation programmes are broadcast by local networks and one station is conducting a home-study enrichment course in basic drawing. Television is also providing a stimulus for script writers, designers and other creative artists.
While I have not conducted a research on the number of cultural organization in Hong Kong. I suspect the number will resemble that the result of a test match, the major development in recent years is the Hong Kong Philharmonic Orchestra and the Hong Kong Arts Centre. The former gives regular performances and Radio Television Hong Kong is broadcasting an increasing number of its concerts.
Though the Hong Kong Arts Centre receives no direct financial assistance from Government, it has been granted a site on which a 20-storey building is under construction. This building will include facilities such as a theatre, a recital hall, exhibition galleries, lecture rooms and teaching studios. Our Arts Centre is unique in world-wide terms in that it is the only one developed vertically instead of spreading horizontally over a large area of land, it is the only one which combines public membership with the interests of active users, it is the only one which covers all the arts and it is the only one which combines Chinese and Western forms.
I would now like to say a few words about the Hong Kong Arts Festival. This Festival was started in 1973 and has since grown steadily in status and international reputation. This success, which is largely due to the enthusiasm and perseverance of the Arts Festival Committee, will be formally recognized next year by the presence of Her Royal Highness Princess Alexandra who will attend various Arts Festival functions during her week long visit to Hong Kong. Apart from giving a subsidy of $500,000 for the 1977 Festival, Government will continue to give advice on publicity and provide services through the Information Services Department. Government also gives financial assistance to
HONG KONG LEGISLATIVE COUNCIL — 7th July 1976 1071
cultural groups, for example, $100,000 has been given to enable the Hong Kong Schools Chinese Dance Team to attend the International Festival of Youth Orchestras in the UK later this year.
To conclude, Sir, I feel that there has been a growing awareness of the need in our community to do more to develop culture in Hong Kong. As far as the Government is concerned, it has provided an impetus to provide better cultural services on all fronts. It is with this in mind that a programme is being drawn up, as part of an overall Government services development plan, to outline Government's objectives in the field of culture and entertainment and to define the scope of services to be provided in the next five years. In this connection, I will certainly consider the suggestion by my honourable Friend, Mr CHEONG-LEEN that there should be an officer in the Home Affairs and Information Branch solely or predominantly charged with the responsibility of co-ordinating and developing some aspects of cultural services.
Question put and agreed to.
Next sitting
HIS EXCELLENCY THE PRESIDENT:—Accordingly I now adjourn the Council until 2.30 p.m. on Wednesday, the 21st July 1976.
Adjourned accordingly at fifteen minutes past four o'clock.
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