HONG KONG LEGISLATIVE COUNCIL―14 October 1981 37
OFFICIAL REPORT OF PROCEEDINGS
Wednesday, 14 October 1981
The Council met at half past two o’clock
PRESENT
HIS EXCELLENCY THE GOVERNOR (PRESIDENT)
SIR CRAWFORD MURRAY MACLEHOSE, G.B.E., K.C.M.G., K.C.V.O.
THE HONOURABLE THE CHIEF SECRETARY
SIR JACK CATER, K.B.E., J.P.
THE HONOURABLE THE FINANCIAL SECRETARY
MR. JOHN HENRY BREMRIDGE, O.B.E.
THE HONOURABLE THE ATTORNEY GENERAL
MR. JOHN CALVERT GRIFFITHS, Q.C.
THE HONOURABLE THE SECRETARY FOR HOME AFFAIRS
MR. DENIS CAMPBELL BRAY, C.M.G., C.V.O., J.P.
THE HONOURABLE LEWIS MERVYN DAVIES, C.M.G., O.B.E., J.P.
SECRETARY FOR SECURITY
THE HONOURABLE DAVID WYLIE McDONALD, C.M.G., J.P.
SECRETARY FOR LANDS AND WORKS
THE HONOURABLE KENNETH WALLIS JOSEPH TOPLEY, C.M.G., J.P. SECRETARY FOR EDUCATION
THE HONOURABLE DAVID GREGORY JEAFFRESON, C.B.E., J.P.
SECRETARY FOR ECONOMIC SERVICES
THE HONOURABLE ALAN JAMES SCOTT, J.P.
SECRETARY FOR INFORMATION
THE HONOURABLE DEREK JOHN CLAREMONT JONES, C.M.G., J.P. SECRETARY FOR TRANSPORT
DR. THE HONOURABLE THONG KAH-LEONG, C.B.E., J.P.
DIRECTOR OF MEDICAL AND HEALTH SERVICES
THE HONOURABLE ERIC PETER HO, C.B.E., J.P.
SECRETARY FOR SOCIAL SERVICES
THE HONOURABLE JOHN MARTIN ROWLANDS, C.B.E., J.P.
SECRETARY FOR THE CIVIL SERVICE
THE HONOURABLE JAMES NEIL HENDERSON, J.P.
COMMISSIONER FOR LABOUR
THE HONOURABLE GERALD PAUL NAZARETH, O.B.E., Q.C.
LAW DRAFTSMAN
THE HONOURABLE WILLIAM DORWARD, O.B.E., J.P.
DIRECTOR OF TRADE, INDUSTRY AND CUSTOMS
THE HONOURABLE JOHN MORRISON RIDDELL-SWAN, O.B.E., J.P. DIRECTOR OF AGRICULTURE AND FISHERIES
38 HONG KONG LEGISLATIVE COUNCIL―14 October 1981
THE HONOURABLE DONALD LIAO POON-HUAI, O.B.E., J.P.
SECRETARY FOR HOUSING
THE HONOURABLE GRAHAM BARNES, J.P.
DIRECTOR OF HOME AFFAIRS
THE HONOURABLE SELWYN EUGENE ALLEYNE, J.P.
DIRECTOR OF SOCIAL WELFARE
THE HONOURABLE COLVYN HUGH HAYE, J.P.
DIRECTOR OF EDUCATION
THE HONOURABLE IAN FRANCIS CLUNY MACPHERSON, J.P. DIRECTOR OF ADMINISTRATION AND ENVIRONMENTAL AFFAIRS
THE HONOURABLE AUGUSTINE CHUI KAM, J.P.
SECRETARY FOR THE NEW TERRITORIES (Acting)
THE HONOURABLE ROGERIO HYNDMAN LOBO, C.B.E., J.P.
DR. THE HONOURABLE HARRY FANG SIN-YANG, C.B.E., J.P. THE HONOURABLE LO TAK-SHING, O.B.E., J.P.
THE HONOURABLE FRANCIS YUAN-HAO TIEN, O.B.E., J.P.
THE HONOURABLE ALEX WU SHU-CHIH, O.B.E., J.P.
THE REVD. THE HONOURABLE JOYCE MARY BENNETT, O.B.E., J.P. THE HONOURABLE CHEN SHOU-LUM, O.B.E., J.P.
THE HONOURABLE LYDIA DUNN, O.B.E., J.P.
DR. THE HONOURABLE HENRY HU HUNG-LICK, O.B.E., J.P.
THE REVD. THE HONOURABLE PATRICK TERENCE MCGOVERN, O.B.E., S.J., J.P. THE HONOURABLE PETER C. WONG, O.B.E., J.P.
DR. THE HONOURABLE RAYSON LISUNG HUANG, C.B.E., J.P. THE HONOURABLE CHARLES YEUNG SIU-CHO, O.B.E., J.P.
THE HONOURABLE ALLEN LEE PENG-FEI, J.P.
THE HONOURABLE DAVID KENNEDY NEWBIGGING, J.P.
THE HONOURABLE ANDREW SO KWOK-WING, J.P.
THE HONOURABLE HU FA-KUANG, J.P.
THE HONOURABLE WONG PO-YAN, O.B.E., J.P.
THE HONOURABLE CHAN KAM-CHUEN, J.P.
THE HONOURABLE STEPHEN CHEONG KAM-CHUEN, J.P.
THE HONOURABLE CHEUNG YAN-LUNG, M.B.E., J.P.
THE HONOURABLE MRS. SELINA CHOW LIANG SHUK-YEE, J.P. THE HONOURABLE MARIA TAM WAI-CHU
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 39 ABSENT
THE HONOURABLE WONG LAM, O.B.E., J.P.
DR. THE HONOURABLE HO KAM-FAI, J.P.
THE HONOURABLE WILLIAM CHARLES LANGDON BROWN, J.P. THE HONOURABLE JOHN JOSEPH SWAINE, O.B.E., Q.C., J.P.
IN ATTENDANCE
THE CLERK TO THE LEGISLATIVE COUNCIL
MRS. JENNIE CHOK PANG YUEN-YEE
Papers
The following papers were laid pursuant to Standing Order No. 14(2):― Subject L.N. No. Subsidiary Legislation:
Aerial Ropeways (Safety) Ordinance.
Aerial Ropeways (Operation and Maintenance) (Amendment) Regulations 1981.............................................................................................................. 240
Limited Partnerships Ordinance.
Limited Partnerships Ordinance (Amendment of Schedule) Order 1981...... 241
Trade Marks Ordinance.
Trade Marks (Amendment) Rules 1981........................................................ 242
Tramway Ordinance.
Tramway Ordinance (Alteration of Fares) Notice 1981 ............................... 243
Evidence Ordinance.
Evidence (Authorized Persons) (No. 12) Order 1981 ................................... 255
Immigration Ordinance.
Immigration (Places of Detention) (Amendment) (No. 4) Order 1981 ......... 256
Tax Reserve Certificates (Fourth Series) Rules.
Tax Reserve Certificates (Rate of Interest) Notice 1981 .............................. 257
40 HONG KONG LEGISLATIVE COUNCIL―14 October 1981 Subject L.N. No.
Revised Edition of the Laws Ordinance 1965.
Annual Revision 1980 ................................................................................... 258
Public Health and Urban Services Ordinance.
Civic Centres (New Territories) (Amendment) Regulations 1981................. 259
District Boards Ordinance 1981.
Declaration of Districts Order 1981............................................................... 260
Electoral Provisions Ordinance 1981.
Declaration of Constituencies Order 1981..................................................... 261
Electoral Provisions Ordinance 1981.
Electoral Provisions (Registration of Electors) Regulations 1981................. 262
Public Health and Urban Services Ordinance.
Stadia (New Territories) (Amendment) Regulations 1981 ............................ 263
Audit Ordinance.
Audit (Director’s Salary) Order 1981 ............................................................ 264
Public Health and Urban Services Ordinance.
Public Health and Urban Services (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 2) Order 1981........................................................ 265
Electoral Provisions Ordinance 1981.
Registration of Electors (New Territories) (Special Provisions) Order 1981 266
Firearms and Ammunition Ordinance 1981.
Firearms and Ammunition Regulations 1981 ................................................ 267
Merchant Shipping Ordinance.
Merchant Shipping (Certification of Officers) Regulations 1981.................. 268
Public Omnibus Services Ordinance.
China Motor Bus Company Limited Determination of Scale of Fares (Student Travel Scheme) Notice 1981 ........................................................... 269
Public Omnibus Services Ordinance.
Kowloon Motor Bus Company (1933) Limited Determination of Scale of Fares (Student Travel Scheme) Notice 1981 ................................................. 270
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 41
Subject L.N. No.
Public Omnibus Services Ordinance . New Lantao Bus Company (1973) Limited Determination of Scale of Fares (Student Travel Scheme) Notice 1981 ................................................. 271
Hong Kong and Yaumati Ferry Company (Services) Ordinance.
Hong Kong and Yaumati Ferry Company (Student Travel Scheme) (Maximum Fares) Notice 1981...................................................................... 272
‘Star’ Ferry Company (Services) Ordinance.
‘Star’ Ferry Company (Student Travel Scheme) (Maximum Fares) Notice 1981............................................................................................................... 273
Tramway Ordinance.
Tramway Ordinance (Alteration of Fares) (No. 2) Notice 1981 .................... 274
Apprenticeship Ordinance.
Apprenticeship (Designation of Trades) (No. 2) Order 1981......................... 275
Evidence Ordinance.
Evidence (Authorized Persons) (No. 13) Order 1981 .................................... 276
Firearms and Ammunition Ordinance 1981.
Firearms and Ammunition (Storage Fees) Order 1981 .................................. 277
Public Health and Urban Services Ordinance.
Public Health and Urban Services (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 3) Order 1981........................................................ 278
Labour Tribunal Ordinance.
Labour Tribunal (General) (Amendment) Rules 1981................................... 279
Labour Tribunal Ordinance.
Labour Tribunal (Forms) (Amendment) Rules 1981 ..................................... 280
Apprenticeship Ordinance.
Apprenticeship (Periods of Apprenticeship) (No. 2) Notice 1981 ................. 281
Interpretation and General Clauses Ordinance.
Specification of Public Officers Order 1981.................................................. 282
Firearms and Ammunition Ordinance 1981
Firearms and Ammunition Ordinance 1981 (Commencement) Notice 1981 283
42 HONG KONG LEGISLATIVE COUNCIL―14 October 1981 Subject L.N. No.
Weapons Ordinance 1981.
Weapons Ordinance 1981 (Commencement) Notice 1981 ............................ 284
Public Order Ordinance.
Marine Closed Area (No. 3) Order 1981 ....................................................... 286
Shipping and Port Control Ordinance.
Merchant Shipping (Pleasure Vessels) (Amendment) (No. 2) Regulations 1981............................................................................................................... 287
Shipping and Port Control Ordinance.
Shipping and Port Control (Amendment of Schedule) Order 1981 ............... 288
Essential Services Corps Ordinance.
Essential Services (Auxiliary Medical Services) Corps (Amendment) Regulations 1981 ........................................................................................... 289
Public Health (Animals and Birds) Ordinance.
Regulation of Movement of Dogs (Consolidation) (Amendment) Order 1981............................................................................................................... 290
Supreme Court Ordinance.
Rules of the Supreme Court (Amendment) (No. 2) Rules 1981 .................... 291
Supreme Court Ordinance.
Supreme Court Fees (Amendment) Rules 1981............................................. 292
Merchant Shipping (Certification of Officers) Regulations 1981.
Corrigendum.................................................................................................. 293
Public Health and Urban Services Ordinance.
Civic Centres (Amendment) By-laws 1981 ................................................... 294
Public Health and Urban Services Ordinance.
Stadia (Amendment) By-laws 1981............................................................... 295
Telecommunication Ordinance.
Telecommunication (Cable and Wireless (Hong Kong) Limited) (Exemption from Licensing) Order 1981....................................................... 296
Telecommunication Ordinance.
Charges for Radiotelegrams Order 1981........................................................ 297
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 43
Subject L.N. No.
Registration of Persons Ordinance.
Registration of Persons (Amendment) Regulations 1981 ............................ 298
Road Traffic Ordinance.
Road Traffic (Construction and Use) (Amendment) Regulations 1981 ....... 299
Telecommunication Ordinance.
Telecommunication (Model Control Equipment) (Exemption from Licensing) Order 1981................................................................................. 300
Shipping and Port Control (Typhoon Shelters) Regulations.
Shipping and Port Control (Typhoon Shelters) Regulations (Amendment of Schedule) Order 1981.............................................................................. 301
Public Health and Urban Services Ordinance.
Hawker (Permitted Place) (No. 2) Declaration 1981 ................................... 302
Public Revenue Protection Ordinance.
Public Revenue Protection (Interest Tax) (No. 2) Order 1981..................... 304
Public Revenue Protection Ordinance.
Notification of Withdrawal of Order ........................................................... 305
Inland Revenue Ordinance.
Inland Revenue (Interest Tax) (Exemption) (Amendment) (No. 2) Notice 1981............................................................................................................. 306
Hawker (New Territories) Regulations.
Restriction of Hawking in Special Areas (New Territories) (No. 2) Notification 1981......................................................................................... 307
Sessional Papers 1981-82:
No. 1―Urban Council Annual Report 1981
No. 2―Urban Council, Hong Kong―Accounts for the year ended 31 March 1981 with Report and Certificate of the Director of Audit
No. 3―Supplementary provisions approved by the Urban Council during the first quarter of the Financial Year 1981-82
44 HONG KONG LEGISLATIVE COUNCIL―14 October 1981 No. 4―Supplementary provision for the quarter ended 31 March 1981 (Final) No. 5―Supplementary provision for the quarter ended 30 June 1981
No. 6―Traffic Accident Victims Assistance Fund Annual Report by the Director of Social Welfare Incorporated for the year from 1 April 1979 to 31 March 1980
No. 7―Emergency Relief Fund―Annual Report by the Trustee for the year ending 31 March 1980
No. 8―Hong Kong Tourist Association Annual Report 1980-81
No. 9―Hong Kong Housing Authority Annual Report 1980-81
No. 10―Fish Marketing Organization Hong Kong―Annual Report 1980-81 No. 11―Vegetable Marketing Organization Hong Kong―Annual Report 1980-81
No. 12―Hong Kong Housing Authority―Balance Sheet at 31 March 1981 and Accounts for the year ended that date with Report of the Director of Audit on the Accounts
Oral answers to questions
Counterfeit money
1. MR. SO asked in Cantonese:―
政府可否就現時發現假硬幣和紙幣的問題發表聲明；並請告知本局，現正採取 何種措施，以對付製造偽幣的活動？
(The following is the interpretation of what Mr. So asked.)
Will Government make a statement on the present problem of faked coinage and bank-notes and inform this Council of the measures being taken to curb counterfeiting activities?
THE FINANCIAL SECRETARY:―Sir, crisp information as opposed to mere generalization about measures taken to curb counterfeiting activities is clearly of assistance to criminals, and I hope, therefore, that honourable Members will understand if I do not provide a full answer.
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 45
I would, however, like to assure Mr. So that I fully understand and share his anxieties, and assure this Council that the Government is aware of these problems, and it is using its best efforts to curb such activities.
As Members know the recent replacement of the ten-sided five-dollar coin with a round one, the design of which incorporates special security features, was occasioned partly because the old coin had been attacked by counterfeiters. This information is now of little use to counterfeiters, because the old coin has been demonetized; but if our intention to change the design had not been made public, say, 12 months ago, it would almost certainly have prompted an increase in the production of imitations. I mention this merely to illustrate why it is necessary to keep plans to counteract counterfeiting to ourselves.
MR. SO asked in Cantonese:―
閣㆘，請問新圓形五元硬幣流通以來，市面㆖有沒有發現假幣的報告？ (The following is the interpretation of what Mr. So asked.)
Sir, I would like to ask since the circulation of the new five-dollar coins has any fake coin been discovered?
THE FINANCIAL SECRETARY:―I’m afraid I don’t know the answer to that one, Sir. If I have the question in writing I will give an answer in writing.
(THE FOLLOWING WRITTEN REPLY WAS PROVIDED SUBSEQUENTLY)
The Secretary for Monetary Affairs has told me that, as far as he knows, no fakes have been detected, although he has heard reports of attempts being made to pass off as a five-dollar coin two one-dollar coins which have been cemented together. I do not think this is likely to be a serious problem.
Armed robberies
2. MR. S. L. CHEN asked:―Will Government inform this Council of: (a) the number of armed robberies on banks and goldsmith shops;
(b) the number of arrests made; and
(c) what sorts of penalties had been given to those convicted cases,
in the past 10 months?
SECRETARY FOR SECURITY:―Yes, Sir. (a) Between 1 January and 30 September there were 6 reported cases of armed robberies of banks and 69 reported cases of armed robberies of goldsmith shops. These figures may be compared with 30 cases in respect of banks last year, and 115 in respect of goldsmith shops;
(b) no arrests have yet been made in connection with the bank robberies committed in 1981; 16 have been made in connection with robberies of
46 HONG KONG LEGISLATIVE COUNCIL―14 October 1981
goldsmith shops. These figures compare with 9 arrests for bank robberies and 49 arrests for goldsmith robberies committed last year;
(c) the penalties imposed by the High Court this year for serious robbery offences have ranged from one year’s to eighteen year’s imprisonment. The average sentence imposed in the 62 cases where convictions have been secured in 1981 has been seven and a half year’s imprisonment.
MR. S. L. CHEN:―In all these cases is the use of fire-arms involved?
SECRETARY FOR SECURITY:―In respect of banks fire-arms, real fire-arms were used in two cases, a pistol-like object in one and other weapons in three cases and in respect of goldsmith’s shops real fire-arms were used in eight cases, pistol-like objects in 37 and other weapons in 24 cases.
MR. S. L. CHEN:―Sir, is the Secretary for Security satisfied with the rate of detection leading to arrests?
SECRETARY FOR SECURITY:―Obviously, Sir, one would like to see a detection in every case and clearly as there have been no arrests in the case of bank robberies this is less than ideal. On the other hand efforts are being made to continue to examine each case and to follow up all leads.
MR. LO:―Sir, does the Government have any information on the value of recovered stolen property so as to establish whether at present crime pays?
SECRETARY FOR SECURITY:―I have not got figures of the value of stolen property in these cases. I will obtain them and let the honourable Member have them in writing.
(THE FOLLOWING WRITTEN REPLY WAS PROVIDED SUBSEQUENTLY)
The information on the value of recovered stolen property is as follows:― 1980 1981 (9 months)
Bank Robberies: Stolen $752,634 $210,672 Recovered $88,700 Nil
Goldsmith Shop Stolen $34,177,462 $34,516,105 Robberies: Recovered $1,623,824 $224,464
Traffic accidents on the Tuen Mun Highway
3. MISS DUNN asked:―Would the Government state:
(a) the number of traffic accidents on the Tuen Mun Highway since this road was opened; (b) the number of deaths resulting from such accidents; and
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 47
(c) whether any steps, other than safe-driving campaigns, are being undertaken to improve the situation?
SECRETARY FOR TRANSPORT:―Sir, since the Tuen Mun Highway opened in May 1978 there have been 422 traffic accidents on it resulting in 73 deaths. To put these figures into perspective I should emphasize that, expressed as accidents per million vehicle kilometres travelled, they are only about a fifth of the number of accidents per million vehicle kilometres on all roads in Hong Kong over the same period. The Tuen Mun road is therefore a safer road than the generality of our roads. However, pro rata, the number of deaths from accidents is greater on the Tuen Mun road, mainly because of the higher speeds involved and every effort must therefore be made to reduce the number of accidents yet further.
The major step being taken to improve the situation is to complete the building of the second carriageway as rapidly as possible, thus separating the traffic moving in opposite directions. This will be achieved by January 1983, some six months ahead of the original schedule and sections will be opened to traffic as soon as they are completed.
In the meantime, and apart from safe-driving campaigns which are important in themselves, steps are being taken to improve the situation on the sections of road still subject to two-way operation. First, the visibility of road markings in the dark are being increased by the installation of reflective road studs and by additional chevron signs. Secondly, the Police patrols on the highway will be stepping up their efforts to enforce the 40 m.p.h. speed limit and to prosecute other reckless drivers.
Finally, Sir, the Government will be inserting a section on the principles of multi-lane highway driving in the new edition of the Highway Code now being prepared.
MISS DUNN:―Sir, is there any idea at this stage when some sections of the second carriageway can be opened prior to 1983?
SECRETARY FOR TRANSPORT:―Yes, Sir. The section from Tsuen Wan to Sham Tseng excluding the Chai Wan Kok link which is 4.5 kilometres long is expected to open in February 1982. The section from Tsing Lung Tau to Tai Lam, and So Kwun Wat to Tuen Mun which are two sections 4.5 kilometres long will be open in July 1982 and the final sections Sham Tseng to Tsing Lung Tau and Siu Lam to So Kwun Wat, and the Chai Wan Kok elevated link to complete the road, will be open as I said in January 1983.
MR. ALEX WU:―Sir, has the Government considered the use of ribs on roads to warn motorists of merging traffic at points where accidents often occur?
SECRETARY FOR TRANSPORT:―No, Sir, not the use of ribs.
48 HONG KONG LEGISLATIVE COUNCIL―14 October 1981 MR. ALEX WU:―Would Government consider making a study of such safety devices? SECRETARY FOR TRANSPORT:―Yes, Sir.
Assistance to blind students
4. REVD. JOYCE M. BENNETT asked:―
(a) What help is at present given to special schools for the blind and to ordinary schools integrating blind students into their classes for the purchase or loan of books in braille?
(b) Is the present financial assistance adequate to meet the needs of the blind students to cover their academic work satisfactorily?
DIRECTOR OF EDUCATION:―Sir, all blind students in special schools for the blind, and all those integrated in ordinary secondary schools are supplied with braille books on loan free of charge.
We believe the financial assistance available to special schools for the blind, (and to ordinary schools integrating the blind), under the Code of Aid for Special Schools, to be adequate; but, of course, levels of grants for teachers and resource materials are periodically reviewed, and such a review is in progress.
REVD. JOYCE M. BENNETT:―Sir, does the Director of Education know the number of books that are not at present available for blind students studying in ordinary schools?
DIRECTOR OF EDUCATION:―Sir, I know the numbers of books available but perhaps Miss BENNETT can elaborate on what she considers to be the numbers not available.
REVD. JOYCE M. BENNETT:―Sir, is the Director of Education not then aware that certain blind students do not have in their possession on 1 September or soon after books adequate for their study?
DIRECTOR OF EDUCATION:―Sir, I know that the particular pupil that Miss BENNETT is interested in certainly was in possession of all the books she needed but for a bible in brail which was supplied shortly after 1 September.
REVD. JOYCE M. BENNETT:―Sir, is the Director of Education not aware that that student still does not have the books she needs and she has been told that it would be impossible for the Education Department to supply them?
DIRECTOR OF EDUCATION:―I would be very interested in a list of these books. I know that this particular pupil remarkably succeeded in graduating from
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 49
Form III through our G.S.E.A. procedures into Form IV and I think Miss BENNETT’s school can be congratulated on the great progress this child has made. Obviously we are interested in assisting this child as much as we can and I shall be very glad of any details which Miss BENNETT can supply.
Congestion in the Cross-Harbour Tunnel
5. MISS DUNN asked:―What are the Government’s short, medium and long term plans to relieve the present congestion in, and the growing demand for, the Cross-Harbour Tunnel?
SECRETARY FOR TRANSPORT:―Sir, there is very little that can be done in the short term to increase the capacity of the existing Tunnel to take more traffic. Consideration is, however, being given to certain minor works to improve the traffic flow in the approach areas to the Tunnel; and possible improvements to vehicular ferry services are also being looked into.
One possibility which has been considered is the Tunnel Company’s proposal to build a mezzanine deck for cars in one of the tubes of the existing Tunnel; but the Government’s consultants and its own professional advisers have recommended against this. The principal reasons are the disruption to traffic during construction, particularly in the approaches to the Tunnel, the fact that one tube of the Tunnel would have to be closed for some three months during the construction, a greater risk in emergencies, particularly fire risk, and the complications of providing safe access into, and exit from, the proposed mezzanine deck.
Still in the short term I should point out that the Tsuen Wan Extension of the M.T.R. and K.C.R. electric train services from Kowloon to Sha Tin, together with the new interchange station with the M.T.R. at Kowloon Tong, will both be coming into service early next summer. They will provide a significant addition to our passenger railway network and will, I hope, tempt more car owners to use public transport. To this end, also, there are plans for building car parking facilities at more M.T.R. and K.C.R. stations.
In the medium term the Government’s aim, if found feasible, is to build a bridge across the Lei Yue Mun channel to connect with the Island Eastern Corridor road beyond Shau Kei Wan by about 1986 or 87. The problem here is to find out whether such a bridge would be compatible with aircraft safety, mainly because of its possible effect on the Instrument Landing System. This question is now under active study by the Public Works and Civil Aviation Departments. If it turns out that no satisfactory solution can be found, then it will not be possible to build a bridge until the 1990s after the airport has been removed from Kai Tak. In that case, serious consideration would then be given to building a third tube to the present tunnel. This would, however, have the disadvantage of concentrating yet more traffic in areas which are already congested and it would therefore require heavy additional expenditure on road
50 HONG KONG LEGISLATIVE COUNCIL―14 October 1981 works. For these reasons the Lei Yue Mun bridge, if feasible, would be a superior solution.
Also in the medium term, the K.C.R. will be fully electrified to Lo Wu by early 1983 and the M.T.R. Island Line should come into service in the course of 1985 and 86. These developments will further extend the coverage, and hence the usefulness, of the integrated rail transit network which is at the centre of the Government’s plans to improve public transport in Hong Kong.
Finally, Sir, in the long term, that is in the 1990s, another fixed harbour-crossing will be necessary in the Western harbour. This will be extremely costly to construct and it will probably need to be planned in conjunction with further land reclamations in that area of the harbour.
MISS DUNN:―Sir, I thank Mr. JONES for his very detailed reply but does he in effect mean that there would be no appreciable relief to the present conjestion in the short term? And if so would he agree that this state of affairs indicates a regrettable lack of planning?
SECRETARY FOR TRANSPORT:―I agree that there will be no appreciable physical relief to the conjestion in the short term. I would not say that this shows a lack of planning―it’s largely a lack of execution (laughter), and a question of resources.
Text-book grant for needy students
6. REVD. JOYCE M. BENNETT:―In view of the extension of free and compulsory education to secondary Forms I-III, will the Government extend the present text-book grant for needy primary school students to similar students in secondary schools?
DIRECTOR OF EDUCATION:―Sir, I have recently put up proposals to revise the current rate of the primary school text-book grant for needy pupils and to extend the grant to similar students in Forms I-III.
REVD. JOYCE M. BENNETT:―Sir, is the Director able to tell us how long it will take between the putting up of these proposals until the families receive help?
DIRECTOR OF EDUCATION:―Sir, we are talking about prices at the moment and I would hope that this issue can be satisfactorily resolved in the very near future.
Statement
Hong Kong Tourist Association Annual Report 1980-81
MR. NEWBIGGING:―Your Excellency, the 23rd Annual Report of the Hong Kong Tourist Association for the year ended 31 March 1981 is laid on the table of this Council today.
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 51
The year was another record for the travel industry in Hong Kong. The total number of visitors increased by 4% over the previous year, although the per capita expenditure dropped slightly by 1.6%. However, the total gross expenditure of our visitors amounted to $6.5 billion which represented a valuable contribution to the economy, particularly at a time when the visible trade gap was widening and the Hong Kong Dollar itself was coming under pressure in terms of its exchange value relative to other currencies. The net tourism surplus was estimated at $1.8 billion, (that is to say the difference between the gross receipts and the estimated expenditure of Hong Kong residents travelling abroad) which helped to offset 13.5% of the visible trade deficit even after taking into account the expenditure of Hong Kong residents travelling to China.
Although the year was virtually flat in terms of growth, prospects for the current year are more encouraging. For example, in the period from January to August 1981 the number of visitors increased by just over 10% compared with last year and per capita expenditure increased by a similar percentage. (Even visitors from Japan had reversed their declining trend and had increased by almost 3%.) This trend is expected to continue and suggests that the gross receipts from tourism will exceed $7 billion in 1981.
In 1981 an additional 2 000 new hotel rooms are estimated to be available in Hong Kong. While this produces and availability ‘bulge’ and thereby creates a degree of rate cutting, it also stimulates a competitive atmosphere which should encourage both courtesy and service. In the earlier part of this year, contrary to expectations, this addition to the stock of rooms did not result in the average occupancies of the hotel industry dropping, in fact the cumulative occupancy rate for January―August was estimated to be 86%, compared with an estimated 85% for the same period in 1980.
The question of courtesy and service was highlighted in the Annual Report. While I believe it is over-stating the position to claim that Hong Kong is one of the rudest cities to visit in Asia, we do nonetheless receive numerous complaints about rudeness, lack of courtesy and poor service. This does not apply generally to the hotel industry but I would take this opportunity again to urge the tourist industry as a whole to concentrate on upgrading the standards of professionalism, courtesy and service. The remedy rests with the industry if the goose which lays the golden egg is not to meet an untimely end. The Association itself continues with its own courtesy campaign.
Another important initiative of the Association is the expansion of the range of cultural and other forms of entertainment which are attractive to both visitors and residents. In this connection I welcome the Government’s decision to invite the Tourist Association to organize a Fireworks Display on the eve of Chinese New Year on the 24 January 1982. I am also glad to report that the Association’s efforts to revive and promote local cultural events have been well received both locally and with our visitors. The Arts Festival, the Lantern Carnival and the International Dragon Boat Races, to name a few, are
52 HONG KONG LEGISLATIVE COUNCIL―14 October 1981
becoming well known events overseas. The Urban Council have given us strong support for many years where we have these interests in common, and the Tourist Associatioan is grateful for their co-operation.
Whilst all this sounds encouraging, however, I must sound a note of warning which I hope the Government will heed.
The Hong Kong Tourist Association operates on a disciplined and tight expenditure budget approved by the Government. All costs are carefully scrutinized by the Board and management with the objective of maximizing the ‘productivity’ of each dollar spent, and a surplus equivalent to 1½ months’ expenditure is aimed for each year.
However, the Government’s recent decision on salaries which affects the Tourist Association as a subvented organization, has made a mockery of the Association’s budgets. With a 17-18% increase, and particularly the retroactive element, the budgetary controls in the current year have been destroyed. This is discouraging to the Board and management and compounds the difficulty of any form of medium to long term policy planning.
But what is even more discouraging is that primarily as a result of the retroactive element, the Tourist Association now faces a 45% increase in Hong Kong staff expenses alone for 1982-83 over the originally approved budget for 1981-82. This will have the effect of the Association budgetting for a deficit (in operational terms) in 1982-83 even assuming no increase in expenditure in Hong Kong Dollar terms for advertising, sales promotion, public relations, foreign representation, product development, conferences and meetings at a time when inflation is anyway running at too high a level both here and worldwide. Much of the expenditure I have referred to arises overseas, so with a weak Hong Kong Dollar the Association’s real expenditure in 1982-83 will show a marked decline. At a time of intense international competition in tourism I believe we should be concentrating our efforts on maintaining and increasing the existing momentum: but this cannot be done with a slashing of the real expenditure in the most important areas of the Association’s activities and I will be taking this matter up separately with the Financial Secretary.
I accept that what has been announced already is a fait accompli. However, I would strongly urge the Government in future to give careful consideration to the following when reviewing Government salaries:―
Firstly, the removal of the retroactive element;
Secondary, making the effective date the 1 January; and
Thirdly, reviewing the methodology used to ensure that a like-for-like comparison is being made with the private sector.
This would help to prevent situations arising such as that which the Hong Kong Tourist Association currently faces and I believe it would be welcomed by the private sector as a whole.
Hong Kong remains an extremely attractive place for visitors and prospects for the current year are encouraging, as I have indicated. All members of the
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 53
travel industry are keenly aware of their role in improving Hong Kong’s position as one of the most important travel destinations in the region. They are also aware of the significant contribution which tourism makes to our economy and the prospect of another successful year ahead should be welcomed at a time when one detects more concern than confidence on the world business scene. We were pleased, therefore, to hear the confident note you, Sir, sounded in your Opening Speech of this Session a week ago, and in turn I am confident that the prospects for tourism that I have just outlined for Hong Kong in the current year will materialize.
Government business
Motions
MOTION OF THANKS
THE CHIEF SECRETARY moved the following motion:―That this Council thanks the Governor for his address.
SECRETARY FOR HOUSING:―Sir, in your address to this Council last Wednesday you announced a major revision to the Government’s Home Ownership Scheme aimed at ensuring that the Scheme, and its allied programmes, the Private Sector Participation Scheme and the Middle Income Housing Programme, continued to meet their social objectives.
This announcement has been greeted with widespread public approval, and I should like to explain our intention in rather more detail.
Home Ownership Scheme
Since its inception over 15 000 flats have been sold to families eligible under the main Home Ownership Scheme. These flats have been sold at cost but the problem we faced was that rising prices of all components of the cost of the flats led to a situation in which flats priced on the original basis would have been beyond the reach of many of those for whom the Scheme is intended. On average, land prices have tripled; construction costs have doubled; and the mortgage interest rate payable under the Scheme has increased from 9% to 17.1%.
Since 1978 the upper household income limit for the Scheme has been raised twice, from $3,500 to $5,000 in 1979, and again to $6,500 early this year. While these increases have widened the field of eligible families, they have also reduced the chances of the original target group of obtaining a home under the Scheme.
Amongst other measures to keep down costs, the sizes of flats have been reduced. Flats to be produced in future will range in size from 41 square metres to 52 square metres gross, compared with an average of 53 square metres gross
54 HONG KONG LEGISLATIVE COUNCIL―14 October 1981
in Phase I of the scheme. But it is clear that costs cannot further be reduced in this way without lowering standards.
Against this background the Government has therefore decided on a new pricing policy for Home Ownership Scheme flats. In future prices will seek to recover: expenditure on the actual building of the flats; an amount in addition to this which would enable the Housing Authority to build a similar flat, that is, replacement cost at the time of sale; the cost of forming and servicing the sites; and other overheads. The land itself will be granted to the Scheme at nil premium.
The intention is to seek to recover the basic development costs of the flats. However it would not be equitable to sell all flats at the same price level disregarding the attractiveness and locational advantages of a particular site, such as convenience of public transport in the area, proximity to places of work, shopping facilities, schools etc. In order to reflect these factors, therefore, flats on attractive sites with good facilities nearby will be sold at higher prices than those on less attractive sites.
Private Sector Participation Schemes
Similar arrangements will apply to flats planned for production under the Private Sector Participation Scheme, under which 1 500 flats have already been sold, and the Middle Income Housing Programme, under which a tender was let earlier this year for the development of 2 240 flats near Butterfly Beach at Tuen Mun. I lood forward with confidence to continued enthusiasm from the private sector for this form of joint venture which is proving so valuable in helping us meet our overall housing objectives.
Restrictions and Controls
It is clearly necessary, in revising the schemes to this extent, to introduce strict safeguards against abuse; to ensure that the flats sold actually benefit those eligible; and that no family fortunate enough to purchase a flat under one of the schemes is free to make an inordinate profit should they no longer wish to live in it.
Many thousands of genuine home purchasers have benefitted under the existing Home Ownership Scheme, but to deal with the comparatively few imposters, fairly detailed screening of purchasers has always taken place; incomes of families have been checked; and substantial penalties can be applied if false statements are made.
However, since the new arrangements will make flats available at prices well below market value, it is in the community’s interest to take more stringent steps to ensure that the flats are sold only to families who are clearly within the target groups, and are used by the families who purchase them. More could be done to ensure that once purchasers have moved in they continue to live in the flats. All this will necessitate more detailed examination of incomes and family backgrounds of applicants, and the management becoming more concerned with
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 55
actual occupation patterns. The benefit to the wide majority of families under the new arrangements must not be negated by the possible selfishness of a small minority.
The flats are sold for home purchasers―and their descendants―to live in and enjoy a secure future. But it is appreciated that circumstances will arise, for example through emigration, where a family may want to dispose of their flat. In such cases the following rules will apply:
(a) During the first five years a home owner who wishes to sell his flat may do so only to the Housing Authority at the price originally paid for the flat.
(b) During the second five year period he may still sell only to the Housing Authority, but the price will be related to the price of other Home Ownership Scheme flats being offered for sale at that time.
(c) After ten years of occupation the home owner will be permitted either to sell to the Housing Authority at the revised price just described, or to sell his flat on the open market. But should he choose to sell on the open market he would first be required to pay to the Government that part of the flat’s value he did not originally pay; this proportion of the original unrestricted value would be revalued at the time of resale. As an example, if he originally bought a flat under one of the schemes at 45% of the market value of the flat, then before he could sell the flat on the open market he would have to pay to the Government 55% of the value of the flat at the time he sells.
I believe that these restrictions and conditions will be accepted as a necessary element of the schemes to ensure that the right people benefit, and continue to benefit from them.
Implementation
We are at present working to introduce these revised arrangements in time for the next sale programme early next year. Later in this session legislative proposals will be introduced into this Council in connection with the new arrangements.
Sir, I support the motion.
SECRETARY FOR SOCIAL SERVICES:―Sir, Your Excellency’s address leaves two points for me to elaborate on.
Community and youth centres
Our community and youth services aim to provide mutual care and responsibility, leadership, concern and participation in communal affairs. Community centre facilities help develop community spirit and an awareness of local need, and are used to accommodate a wide variety of social and community services, including voluntary agencies. Centres are planned in relation to population. Between 1973, when the standard of provision was first established, and May
56 HONG KONG LEGISLATIVE COUNCIL―14 October 1981
1981, six community centres, three estate community centres and 12 community halls were completed, including projects by the voluntary sector. Following a review, improvements to the planning standards of the centres have been proposed and new schedules of accommodation drawn up, and these are now under consideration by the voluntary sector, District Boards and City District Committees. The aim is to provide an additional 15 community centres, three estate community centres (or area centres) and 16 community halls (or neighbourhood centres) in the period to 1985-86.
The provision of children’s and youth centres is also based on general population figures. There are at present 216 such centres and the target is to provide 11 additional centres of each type per year, preferably as combined facilities. A sub-committee of the Social Welfare Advisory Committee is reviewing the programme content in existing centres with a view to identifying, more precisely, the social work content in these programmes and recommending how this can be strengthened and developed. The study will probably be completed early next year.
Personal social work among young people
The programme plan on personal social work aims to promote positive social attitudes among young people, through better understanding of their roles in the family, school and the community. The future development of the three main streams in this programme, namely school social work, outreaching social work and family life education is being reviewed in the light of actual field experience. In this connection the availability of trained manpower is particularly relevant, and Your Excellency has already mentioned that a Working Party is looking into this matter.
Sir, I too, support the motion.
Motion made. That the debate on this motion be adjourned―THE CHIEF SECRETARY. Question put and agreed to.
MASS TRANSIT RAILWAY CORPORATION ORDINANCE
THE FINANCIAL SECRETARY moved the following motion:―Under section 12(1) of the Mass Transit Railway Corporation Ordinance that the Schedule to the Resolution of the Legislative Council published as Legal Notice No. 242 of 1975 in the Gazette on 31 October 1975 as amended from time to time be further amended by adding as items 33, 34 and 35 the following―
‘33. Suppliers credit facilities to finance contracts placed in Japan
91 million Hong Kong Dollars and such amounts as may become payable in respect of interest and other charges.
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 57
34. Export credit arranged by Hill Samuel & Co. Ltd. to finance a contract placed in U.K.
35. Export credits to finance a contract placed in France
20 million Hong Kong Dollars and such amounts as may become payable in respect of interest and other charges.
3 million Hong Kong Dollars and such amounts as may become payable in respect of interest and other charges including deferred interest provided that the liability of the Government in respect of deferred interest shall be limited to 500,000 Hong Kong Dollars.’
He said:―Sir, I rise to move the motion standing in my name in the Order Paper.
Section 12 of the Mass Transit Railway Corporation Ordinance requires the authority of the Legislative Council for the Financial Secretary, on behalf of the Government, to grant guarantees in respect of the repayment of loans and other indebtedness incurred by the Mass Transit Railway Corporation.
The motion I am introducing today seeks authority for three Government guarantees to cover repayment of three loans totalling HK$114 million and such amount as may become payable in respect of interest and other charges.
The sums borrowed under these guarantees will be used to finance part of the Island Line contracts covering advance works for stations at Wan Chai, Causeway Bay, Tin Hau, Tai Koo Shing, Admiralty and Quarry Bay.
If Members approve this motion, the Government’s total guarantee commitment in respect of outstanding loans available to the Mass Transit Railway Corporation will be HK$5,826 million. This contingent liability is provided for within our reserves.
Sir, I beg to move.
Question put and agreed to.
REGISTRATION OF PATENTS ORDINANCE
THE SECRETARY FOR ECONOMIC SERVICES moved the following motion: ― That the Registration of Patents (Fees) (Amendment) Rules 1981, made by the Registrar of Patents on 7 August 1981, be approved.
He said:―Sir, I move the motion standing in my name on the Order Paper.
Section 11 of the Registration of Patents Ordinance gives the Registrar of Patents powers to make rules prescribing fees payable under the Ordinance, provided that such rules shall not come into effect until this Council has
58 HONG KONG LEGISLATIVE COUNCIL―14 October 1981
approved them. The fees payable under the Ordinance have not been revised since 1974. Since then the cost of running the Patents Registry of the Registrar General’s Department has doubled. The Registration of Patents (Fees) Amendment Rules 1981 made by the Registrar of Patents seek to increase the fees accordingly.
Sir, I beg to move.
Question put and agreed to.
FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE
THE COMMISSIONER FOR LABOUR moved the following motion:―That the following regulations, made by the Commissioner for Labour on 30 September 1981, be approved― (a) the Factories and Industrial Undertakings (Blasting by Abrasives) (Amendment) Special Regulations 1981;
(b) the Factories and Industrial Undertakings (First Aid in Registrable Workplaces) (Amendment) Regulations 1981;
(c) the Factories and Industrial Undertakings (Notification of Occupational Diseases) (Amendment) Regulations 1981;
(d) the Quarries (Safety) (Amendment) Regulations 1981;
(e) the Factories and Industrial Undertakings (Woodworking Machinery) (Amendment) Regulations 1981;
(f) the Factories and Industrial Undertakings (Electrolytic Chromium Process) (Amendment) Regulations 1981;
(g) the Factories and Industrial Undertakings (Cargo Handling) (Amendment) Regulations 1981;
(h) the Factories and Industrial Undertakings (Abrasive Wheels) (Amendment) Regulations 1981;
(i) the Factories and Industrial Undertakings (Work in Compressed Air) (Amendment) Regulations 1981;
(j) the Factories and Industrial Undertakings (Spraying of Flammable Liquids) (Amendment) Regulations 1981;
(k) the Factories and Industrial Undertakings (Goods Lifts) (Amendment) Regulations 1981;
(l) the Factories and Industrial Undertakings (Dry Batteries) (Amendment) Regulations 1981;
(m) the Factories and Industrial Undertakings (Cartridge-Operated Fixing Tools) (Amendment) Regulations 1981; and
(n) the Factories and Industrial Undertakings (Protection of Eyes) (Amendment) Regulations 1981.
He said:―Sir, I move the motion standing in my name in the Order Paper for the approval of amendment regulations made under the Factories and Industrial Undertakings Ordinance by me on 30 September 1981. These will affect the
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 59
increases in the level of fines in 14 sets of safety regulations covering: blasting by abrasives, first aid in registrable workplaces, notification of occupational diseases, quarries, woodworking machinery, electrolytic chromium process, cargo handling, abrasive wheels, work in compressed air, spraying of flammable liquids, goods lifts, dry batteries, cartridge operated fixing tools, protection of eyes.
On 8 April 1981 this Council approved the first batch of five sets of amendment regulations made under the Factories and Industrial Undertakings Ordinance to raise the maximum penalties in those regulations, ranging from $5,000 to $50,000. When I moved for the approval of those regulations I said amendments to the remaining 14 sets of regulations for the same purpose would be made as soon as possible.
The exercise to review the penalties in the remaining 14 sets or regulations has been completed. In these amendment regulations, I have followed the same principles used in the previous five sets of regulations. That is to say, only those offences which I consider to be most serious will attract the maximum fine of $50,000. They refer to offences such as failure to construct and maintain safely every bulkhead, air lock, or other structure in compressed air work, failure to provide proper construction, maintenance and examination of a goods lift, and failure to fence a quarry or to provide proper supervision for quarry operation.
For serious offences, such as failure to guard a woodworking machine or an abrasive wheel, the maximum fine will be $30,000. Other less serious offences will attract maximum fines ranging from $10,000 to $20,000.
As I said in introducing the first five sets of regulations, I have categorized offences in this way because the regulations made under the Factories and Industrial Undertakings Ordinance usually concern offences with some technical content. In these circumstances, I hope that members of the Judiciary will also appreciate some guidance as to the degree of seriousness with which the various types of offences may be regarded, and this, the graded levels of maximum penalties should give them.
The Labour Advisory Board was consulted on the principles of grading these offences and endorsed them.
I have taken the opportunity to remove the provisions in respect of penalty for continuing offence in regulation 16 of the Factories and Industrial Undertakings (Spraying of Flammable Liquids) Regulations and in regulation 18 of the Factories and Industrial Undertakings (Cartridge-operated Fixing Tools) Regulations. These provisions are superfluous in that section 12 of the principal Ordinance already provides for such a penalty.
I have also taken the opportunity to include silicosis and asbestosis as notifiable diseases in the First Schedule to the Factories and Industrial Undertakings (Notification of Occupational Diseases) Regulations. This inclusion is necessary following the enactment of the Pneumoconiosis (Compensation)
60 HONG KONG LEGISLATIVE COUNCIL―14 October 1981
Ordinance which established the scheme for compensating persons suffering from silicosis and asbestosis.
Sir, I beg to move.
Question put and agreed to.
MAGISTRATES ORDINANCE
THE LAW DRAFTSMAN moved the following motion:―That the Magistrates (Forms) (Amendment) (No. 2) Rules 1981, made by the Chief Justice on 27 August 1981, be approved.
He said:―Sir, I move the motion standing in my name on the Order Paper.
This seeks Members’ approval of the Magistrates (Forms) (Amendment) (No. 2) Rules 1981, made by the Chief Justice on 27 August. Such approval is required under the Magistrates Ordinance before the Rules can have legal effect.
As Members will have seen from the text circulated to them, the Rules provide for two matters. First, Form 1 of the Magistrates forms is amended to delete the requirement for a complaint or information to be laid before a magistrate personally. This gives effect to the Magistrates (Amendment) Ordinance 1981, which was enacted by this Council in April this year.
Second, the Rules introduce three new forms. These reflect the new provisions to order witnesses to attend trials, that were enacted by this Council in July, in the Criminal Procedure (Miscellaneous Provisions) Ordinance 1981. That measure, Members may recall, was concerned with making better provision for the attendance of witnesses at criminal trials.
Since the amendment Rules for which approval is now sought do no more than give effect to measures so recently enacted by this Council, I am sure Members will not want me to say any more.
Sir, I beg to move.
Question put and agreed to.
Motions (in Committee)
SUPPLEMENTARY PROVISION FOR THE QUARTER ENDED 31 MARCH 1981 (FINAL)
Council went into Committee, pursuant to Standing Order 58(2), to consider the two motions standing in the name of the Financial Secretary.
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 61
THE FINANCIAL SECRETARY moved the following motion:―That this Council approves the proposals set out in Paper No. 4.
He said:―Sir, I move the first motion in Committee standing in my name in the Order Paper.
The final schedule of supplementary provision for the financial year 1980-81 totals $57 million. This schedule includes supplementary provision which has already been approved but for which the documentation was not completed in time for it to be included in previous schedules. Of the total amount, $22 million was required to meet increases in rates of payment for standard allowances, additional duty allowances and additional expenditure on laundry for the Royal Hong Kong Police Force; $9 million was required on account of various pay adjustments for the civil service; and $8 million was required to pay the Housing Authority for certain additional expenditure incurred on activities undertaken by the Authority on behalf of the Government during 1979-1980.
This schedule brings the total supplementary provision for 1980-81 to $7,873 million. Because of savings in other subheads, however, actual gross expenditure at $23,593 million for the full financial year 1980-81 was only $5,152 million more than the original estimate.
The Finance Committee has approved all the items in the schedule. The purpose of this motion is simply to seek the covering authority of this Council.
Sir, I beg to move.
Question put and agreed to.
SUPPLEMENTARY PROVISION FOR THE QUARTER ENDED 30 JUNE 1981
THE FINANCIAL SECRETARY moved the following motion:―That this Council approves the proposals set out in paper No. 5.
He said:―Sir, I move the second motion in Committee standing in my name in the Order Paper.
The schedule of supplementary provision for the first quarter of the financial year 1981-82 covers a total amount of $511 million. The major items include $280 million for payment of a special one-off grant to the Urban Council to enable it to cover its estimated deficit in 1981-82; $45 million for expenditure on a scheme for private dental treatment for civil servants and their dependants; $40 million to enable the Kowloon Motor Bus Company (1933) Limited to introduce a scale of bus fares lower than that required for the Company to break even in 1981; $40 million for expenditure on public works projects including provision for 18 projects upgraded to or included for the first time in Category A of the Public Works Programme; $35 million for expenditure on the
62 HONG KONG LEGISLATIVE COUNCIL―14 October 1981
re-activation of the Lok On Pai desalter; and $23 million for purchase of additional supplies of water from China.
The supplementary provision covered by the schedule resulted in a net increase of $35 million in the expenditure approved for the year, the remainder being offset under other heads of expenditure and by the freezing of funds under the two Additional commitments votes.
The Finance Committee has approved all the items in the schedule. The purpose of this motion is simply to seek the covering authority of this Council.
Sir, I beg to move.
Question put and agreed to.
Council then resumed.
THE FINANCIAL SECRETARY reported that the motions had been agreed to in Committee without amendment.
Question agreed by the whole Council pursuant to Standing Order 58(4).
First reading of bills
INLAND REVENUE (AMENDMENT) (NO. 4) BILL 1981
THE FINANCIAL SECRETARY:―Sir, I withdraw, under Standing Order No. 52, the Inland Revenue (Amendment) (No. 4) Bill.
The reason is that it has been superseded by the Inland Revenue (Amendment) (No. 5) Bill, the second reading of which I will be moving later this afternoon.
INLAND REVENUE (AMENDMENT) (NO. 5) BILL 1981
PUBLIC HEALTH AND URBAN SERVICES (AMENDMENT) (NO. 2) BILL 1981
Bills read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).
Second reading of bills
INLAND REVENUE (AMENDMENT) (NO. 5) BILL 1981
THE FINANCIAL SECRETARY moved the second reading of:―‘A bill to amend the Inland Revenue Ordinance’.
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 63
He said:―Sir, I move that the Inland Revenue (Amendment) (No. 5) Bill 1981 be read the second time.
Section 28 of the Inland Revenue Ordinance provides for exemption from tax of interest payable by the Government, by licensed banks and by certain specified public utilities, provided that the rates of interest do not exceed the percentage rate specified by the Financial Secretary from time to time by notice in the Gazette. The Financial Secretary’s authority to specify the rate of exemption is in turn subject to a ceiling set in section 28(1) of the Ordinance.
The rate of exemption has for many years been set to coincide with the rate paid by banks on savings accounts, which is also the rate paid on its surety deposits by one of the power companies. If interest were not exempted at this rate, large numbers of small depositors and consumers of power would become liable to tax, which the banks and the utility companies would be obliged to deduct and account for; there would subsequently be a large number of claims for refunds under the provisions for personal assessment.
In July this year, and again earlier this month, the Hong Kong Association of Banks raised the ceiling on various deposit rates, and the note-issuing banks raised their best lending rates, in response to the internal pressure of an excessively fast growth rate of lending to the economy, and to the external pressure of the declining exchange value of the Hong Kong dollar.
On 21 July an increase in the Hong Kong Association of Bank’s rate of interest on savings accounts brought that rate to 12%, which was higher than its previous peak of 11% reached in December last year; on 7 October a further increase brought the rate of interest on savings accounts to 13½%.
The Bill before honourable Members today accordingly seeks to raise from 11% to 13½% the ceiling on the Fiancial Secretary’s authority to specify the rate of exemption: it thereby supersedes the Inland Revenue (Amendment) (No. 4) Bill, which I withdrew earlier this afternoon, and which would have raised the ceiling from 11% to 12%, so as to accommodate the July interest rate increase. The No. 5 Bill was brought into force on 7 October by means of a Revenue Protection Order, and on the same day I signed a notice specifying 13½% as the rate of exemption for the time being.
I give notice today that in the Committee Stage proceedings on this Bill I shall move an amendment to renumber the Bill as the Inland Revenue (Amendment) (No. 4) Bill (laughter).
Sir, I move that the debate on this motion be adjourned.
Motion made. That the debate on the second reading of the Bill be adjourned―THE FINANCIAL SECRETARY.
Question put and agreed to.
64 HONG KONG LEGISLATIVE COUNCIL―14 October 1981 PUBLIC HEALTH AND URBAN SERVICES (AMENDMENT) (NO. 2) BILL 1981
THE DIRECTOR OF ADMINISTRATION AND ENVIRONMENTAL AFFAIRS moved the second reading of:―‘A bill to amend the Public Health and Urban Services Ordinance’.
He said:―Sir, I move the second reading of the Public Health and Urban Services (Amendment) (No. 2) Bill 1981.
Under existing law, the dumping of litter and waste outside permitted areas is an offence. This legislation has been difficult to enforce because only the person actually committing the offence, normally the driver of the lorry, is liable and the difficulty of catching the offender in the act is such that very few successful prosecutions have been possible, even when details of the vehicle’s registration are known. The problem is a serious one, particularly in the New Territories where a survey carried out in January this year discovered some 1 500 illegally dumped loads. There is evidence of systematic and large scale illegal dumping even though properly designated areas are available.
The Bill seeks to remedy certain inadequacies in the principal Ordinance and also to strengthen it by extending liability for the offence of illegal dumping to the registered owner or hirer of the motor vehicle in question. The Regulations to be made once the Ordinance is amended will limit this to goods vehicles only.
The extension of liability is considered essential in order to place upon owners and hirers of goods vehicles the proper responsibility for drivers under their control and for ensuring that their vehicles dump litter and waste only in the permitted areas. However, it will be proposed in the Regulations that the owner or hirer shall not be prosecuted if the goods vehicle in question had been used without his consent and no conviction shall apply if all reasonable precautions have been taken and proper diligence exercised.
Honourable Members will recall the enactment of the Summary Offences (Amendment) (No. 2) Ordinance 1981 on June 10 this year which created a specific marine littering offence whereby the owner or master of a vessel from which the litter emanated is liable for the offence in addition to the person actually committing the act. The present Bill is substantially analogous.
Clause 3 of the Bill amends section 15 of the principal Ordinance by extending liability for the offence of illegal dumping to the registered owner or hirer of the goods vehicle in question and provides for an increased penalty of $5,000 and 6 months imprisonment for all forms of littering, including illegal dumping. This will bring the penalty into line with that for marine littering. It is considered appropriate to have all littering offences, including marine littering subject to the same penalty.
Sir, in your address to this Council last week, you referred to the efforts that are being made to clean Hong Kong. With the imminent commencement of the
HONG KONG LEGISLATIVE COUNCIL―14 October 1981 65 Clean Hong Kong Campaign, the introduction of this proposed legislation is timely. Sir, I move that the debate on this motion be adjourned.
Motion made. That the debate on the second reading of the Bill be adjourned―THE DIRECTOR OF ADMINISTRATION AND ENVIRONMENTAL AFFAIRS.
Question put and agreed to.
UNOFFICIAL MEMBER’S BILL
First reading of bill
Caritas―Hong Kong Incorporation Bill 1981
Bill read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).
Second reading of bill
Caritas―Hong Kong Incorporation Bill 1981
MR. ANDREW SO moved the second reading of:―‘A bill to provide for the incorporation of the Council of Caritas―Hong Kong and for purposes connected therewith’.
MR. ANDREW SO delivered his speech in Cantonese:―
督憲閣㆘：本㆟動議㆓讀㆒九八㆒年香港明愛立案法團法案。 這法案的主要目標為：
（ ㆙ ） 將 香 港 明 愛 理 事 會 註 冊 為 立 案 法 團。香 港 明 愛 乃 ㆝ 主 教 香 港 教 區 轄 ㆘ 的 正式社會服務機構；及
（㆚） 將原來非立案法團組織目前所使用的財產，轉撥該立案法團名㆘，使其 得以繼續進行㆒向由該非立案法團組織所從事的工作及活動。
督憲閣㆘，本㆟懇請動議。
(The following is the interpretation of what Mr. So said.)
Sir, I move that the Caritas―Hong Kong Incorporation Bill 1981 be read a second time.
The main purposes of the Bill are:
(a) to incorporate the Council of Caritas―Hong Kong, which is the official social service agency of the Catholic Church in Hong Kong; and
66 HONG KONG LEGISLATIVE COUNCIL―14 October 1981
(b) to transfer to the corporation property at present used by the unincorporated body so that the corporation can carry on the work and activities hitherto carried on by the unincorporated body.
Sir, I beg to move.
Motion made. That the debate on the second reading of the Bill be adjourned―MR. ANDREW SO.
Question put and agreed to.
Adjournment and next sitting
HIS EXCELLENCY THE PRESIDENT:―In accordance with Standing Orders adjourn the Council until 2.30 p.m. on Wednesday, 28 October 1981.
Adjourned accordingly at twenty-eight minutes past three o’clock.
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