HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1297 OFFICIAL REPORT OF PROCEEDINGS
Wednesday, 4 June 1986
The Council met at half-past Two o'clock
PRESENT
HIS EXCELLENCY THE GOVERNOR (PRESIDENT)
SIR EDWARD YOUDE, G.C.M.G., M.B.E.
THE HONOURABLE THE CHIEF SECRETARY
SIR DAVID AKERS-JONES, K.B.E., C.M.G., J.P.
THE HONOURABLE THE FINANCIAL SECRETARY
MR. PIERS JACOBS, O.B.E., J.P.
THE HONOURABLE THE ATTORNEY GENERAL
MR. MICHAEL DAVID THOMAS, C.M.G., Q.C.
THE HONOURABLE LYDIA DUNN, C.B.E., J.P.
THE HONOURABLE CHEN SHOU-LUM, C.B.E., J.P.
THE HONOURABLE PETER C. WONG, O.B.E., J.P.
THE HONOURABLE ERIC PETER HO, C.B.E., J.P.
SECRETARY FOR TRADE AND INDUSTRY
DR. THE HONOURABLE HO KAM-FAI, O.B.E., J.P.
THE HONOURABLE ALLEN LEE PENG-FEI, O.B.E., J.P.
THE HONOURABLE HU FA-KUANG, O.B.E., J.P.
THE HONOURABLE WONG PO-YAN, O.B.E., J.P.
THE HONOURABLE DONALD LIAO POON-HUAI, C.B.E., J.P.
SECRETARY FOR DISTRICT ADMINISTRATION
THE HONOURABLE CHAN KAM-CHUEN, O.B.E., J.P.
THE HONOURABLE STEPHEN CHEONG KAM-CHUEN, O.B.E., J.P.
THE HONOURABLE MRS. SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. THE HONOURABLE MARIA TAM WAI-CHU, O.B.E., J.P.
DR. THE HONOURABLE HENRIETTA IP MAN-HING, J.P.
THE HONOURABLE CHAN NAI-KEONG, C.B.E., J.P.
SECRETARY FOR LANDS AND WORKS
THE HONOURABLE CHAN YING-LUN, J.P.
THE HONOURABLE MRS. PAULINE NG CHOW MAY-LIN, J.P.
THE HONOURABLE PETER POON WING-CHEUNG, M.B.E., J.P.
THE HONOURABLE YEUNG PO-KWAN, C.P.M., J.P.
THE HONOURABLE JAMES NEIL HENDERSON, O.B.E., J.P.
SECRETARY FOR EDUCATION AND MANPOWER
THE HONOURABLE KIM CHAM YAU-SUM, J.P.
THE HONOURABLE JOHN WALTER CHAMBERS, J.P.
SECRETARY FOR HEALTH AND WELFARE
1298 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
THE HONOURABLE IAN FRANCIS CLUNY MACPHERSON, O.B.E., J.P. SECRETARY FOR TRANSPORT
THE HONOURABLE JACKIE CHAN CHAI-KEUNG
THE HONOURABLE CHENG HON-KWAN
THE HONOURABLE HILTON CHEONG-LEEN, C.B.E., J.P. DR. THE HONOURABLE CHIU HIN-KWONG
THE HONOURABLE CHUNG PUI-LAM
THE HONOURABLE THOMAS CLYDESDALE
THE HONOURABLE HO SAI-CHU, M.B.E., J.P.
THE HONOURABLE HUI YIN-FAT
THE HONOURABLE RICHARD LAI SUNG-LUNG
DR. THE HONOURABLE CONRAD LAM KUI-SHING
THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P. THE HONOURABLE LEE YU-TAI
THE HONOURABLE DAVID LI KWOK-PO, J.P.
THE HONOURABLE LIU LIT-FOR, J.P.
THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P.
THE HONOURABLE PANG CHUN-HOI, M.B.E.
THE HONOURABLE POON CHI-FAI
PROF. THE HONOURABLE POON CHUNG-KWONG
THE HONOURABLE HELMUT SOHMEN
THE HONOURABLE SZETO WAH
THE HONOURABLE TAI CHIN-WAH
THE HONOURABLE MRS. ROSANNA TAM WONG YICK-MING THE HONOURABLE TAM YIU-CHUNG
DR. THE HONOURABLE DANIEL TSE CHI-WAI, O.B.E., J.P. THE HONOURABLE ANDREW WONG WANG-FAT
THE HONOURABLE JOHN RAWLING TODD, C.V.O., O.B.E., J.P. SECRETARY FOR HOUSING
THE HONOURABLE LAU WONG-FAT, M.B.E., J.P.
ABSENT
THE HONOURABLE JOHN JOSEPH SWAINE, O.B.E., Q.C., J.P. THE HONOURABLE CHEUNG YAN-LUNG, O.B.E., J.P. THE HONOURABLE MRS. RITA FAN HSU LAI-TAI, J.P.
IN ATTENDANCE
THE CLERK TO THE LEGISLATIVE COUNCIL
MR. LAW KAM-SANG
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1299
Papers
The following papers were laid on the table pursuant to Standing Order 14(2): Subject L.N. No. Subsidiary Legislation:
Registration of Persons Ordinance
Registration of Persons (Invalidation of Old Identity Cards) Order 1986----------- 131
Interpretation and General Clauses Ordinance
Specification of Public Office-------------------------------------------------------------- 132
Interpretation and General Clauses Ordinance
Specification of Public Offices ------------------------------------------------------------ 133
Dumping at Sea Act 1974 (Overseas Territories) Order 1975
Order of Designation of Public Officers-------------------------------------------------- 134 Sessional Papers 1985-86:
No. 58—Hong Kong Polytechnic—Annual Report 1984-85 with Balance Sheet at 30 June 1985 and Income and Expenditure Account for the 11-month period ended on that date
No. 59—Report of the UMELCO Police Group 1985
Oral answers to questions
Sheltered workshop for ex-mentally ill
1. DR. CHIU asked: Will the Government inform this Council:
(a) of the number of sheltered workshop places for ex-mentally ill patients provided by Government departments and voluntary agencies respectively;
(b) of the extent of the shortfall, if any, in the provision of such places; and
(c) whether there are any difficulties in mobilising subvented voluntary agencies to operate such workshops, and if so, what are the reasons and what measures will be taken to tackle this problem?
SECRETARY FOR EDUCATION AND MANPOWER:
(a) Sir, there are at present 11 sheltered workshops with a capacity of 1 220 places which would admit discharged mental patients. Seven of these workshops are operated by the Social Welfare Department providing
1300 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
800 places for all categories of disabled persons including the ex-mentally ill. The remaining four workshops are run by voluntary welfare agencies providing 420 places which are essentially for the ex-mentally ill.
(b) According to records maintained by the Social Welfare Department, the number of recovered mental patients waiting for admission to sheltered workshops is 147.
(c) In recent years no serious problem has been encountered in mobilising subvented welfare agencies to operate sheltered workshops for the ex-mentally ill. Five new workshops providing 760 places for the disabled including the ex-mentally ill will come into operation in the next three years and all of them have been taken up by voluntary agencies.
DR. CHIU: Sir, will the Government inform this Council how many sheltered workshops are shared by recovered mentally ill patients and other categories of disabled persons, and how many recovered mentally ill patients have been admitted in the sheltered workshops as compared with the 147 on the waiting list?
SECRETARY FOR EDUCATION AND MANPOWER: Sir, I do not have the figures easily available but I will enquire from the department and let Dr. CHIU have them in writing. (Annex I)
DR. HO: Sir, does the Social Welfare Department encounter any difficulties in obtaining orders for work for the sheltered workshops? If so, what actions has the department taken to reduce these difficulties?
SECRETARY FOR EDUCATION AND MANPOWER: Not so far as I am aware, Sir, but I will enquire and if there are any difficulties I will forward the information to Dr. HO. (Annex II)
MR. HUI: Sir, can Government inform this Council whether the workshops operated by the Government and the voluntary agencies are staffed by the same number and grade of personnel and whether the participants of such workshops have the opportunity for open employment?
SECRETARY FOR EDUCATION AND MANPOWER: Sir, with regard to the first part of the question, I will check with the Social Welfare Department and let Mr. HUI know. With regard to the second part, of course the object is for the ex-mentally ill to go into open employment and this is encouraged wherever possible. (Annex III)
DR. LAM (in Cantonese): Sir, according to the answer to the second part of the question, there are 147 people waiting for entry into sheltered workshops. May I know how long they have to wait on average?
SECRETARY FOR EDUCATION AND MANPOWER: I am very sorry, Sir, I missed the translation there. Could I ask Dr. LAM to repeat?
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1301
DR. LAM (in Cantonese): Can the Government inform this Council how long the 147 people will have to wait before they can be admitted to a sheltered workshop?
SECRETARY FOR EDUCATION AND MANPOWER: I can't give an exact answer to that but since 760 further places are to be provided within three years, it should be within the next year or two.
Use of Chinese as an official language
2. MR. LEE YU-TAI asked: With regard to the policy concerning the use of Chinese as an official language, would the Government advise on the following:
(a) the steps which have been taken to promote this policy;
(b) the implementation of this policy in the fields of education and in Civil Service recruitment and training;
(c) the degree of success of (a) and (b) above?
CHIEF SECRETARY: Sir, since 1974 when Chinese was declared an official language, positive steps have been taken to promote the wider use of Chinese in official business.
Public notices, official forms and documents are now provided in both English and Chinese, and replies to communications in Chinese from the public are made in Chinese. Papers for this Council, district boards, the Urban and Regional Councils, and other advisory boards and committees are bilingual and, whenever necessary, simultaneous interpretation is provided during meetings. Legislation of popular interest is translated into Chinese and up to date 110 pieces of legislation have been so translated. A scheme is also underway to produce an authentic Chinese version of all new Bills placed before this Council. To cope with the additional work involved the Chinese Language Division, which was established in 1972, has expanded threefold to the present establishment of 446. These measures have, by and large, been successful in promoting the wider use of Chinese as an official language.
In the field of education, the Education Commission has recommended that individual secondary schools be encouraged to adopt Chinese as a medium of instruction. In pursuit of this recommendation, the Education Department has written to schools suggesting a range of organisational models which would facilitate the adoption of Chinese, either partially or in full, for teaching purposes. In-service workshops, seminars and refresher courses for teachers are organised to improve the standard of teaching in Chinese. Additional teaching resources are provided to schools adopting Chinese as the medium of instruction so as to help maintain standards of achievement in English. A Chinese Textbooks Committee has also been established to ensure the availability of good quality textbooks in Chinese.
1302 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
It is too early to determine the success of the measures to encourage the wider adoption of Chinese for teaching purposes. This is likely to be a gradual and cumulative process.
In Civil Service recruitment, grades which require regular use of Chinese in their work, a minimum requirement of a knowledge of Chinese is normally stipulated and, where necessary, a test in the use of Chinese is conducted.
On training, the policy is geared towards meeting operational needs. Training in the use of written Chinese, Putonghua or other Chinese dialects is given to those who need them. Expatriate officers are given lessons in Cantonese and sometimes even written Chinese to assist them in their work. The language training courses currently provided for civil servants generally achieve their objectives. The number and content of these courses is kept under regular review to keep pace with the changing needs.
Over the years, progress has been made in promoting the wider use of Chinese in official business and for education. The process will continue in the years to come and so far as the objectives we have said have been reached, I am glad to say, Sir, we have reached a measure of success.
MR. LEE YU-TAI: Sir, it is understood that many vacancies of Chinese Language Officers remained unfilled in the Civil Service. Would further promotion of the use of Chinese as an official language lead to an even more acute shortage of this kind of personnel?
CHIEF SECRETARY: Sir, there is no shortage of applicants for the vacancies in the Chinese Language Office.
MR. CHAM: Although there has been no shortage, the Urban Council has encountered the problem of not being able to fill its Chinese Language Officer posts. Have any positive steps been taken to train appropriate Chinese Language Officers for the appropriate posts?
CHIEF SECRETARY: Yes, Sir, there may be I suppose from time to time a gap between a vacancy occurring and that vacancy being filled but, as I have said in my earlier reply to Mr. LEE YU tai, there is no shortage of applicants for posts in the Civil Service for Chinese Language Officers.
MR. SZETO (in Cantonese): Sir, up to the present moment most of the documents within the Government which are of no public interest are written in English. I don't think the situation should remain unchanged after 1997 and the situation cannot be changed all of a sudden immediately before 1 July 1997. Can the Government inform this Council whether the Government has a plan for the transitional period?
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1303
CHIEF SECRETARY: Well in my principal reply I gave an outline of what measures are being taken to translate official documents into Chinese for the benefit of the public and also to translate the law which is so important to the implementation of the Joint Declaration into Chinese before 1997. These measures will clearly have to be kept under very careful review to ensure that we reach our objectives before 1997.
MRS. CHOW: Sir, in view of the very significant role that bilingualism plays in the success and the maintenance of that success of Hong Kong, can we be told what specific additional teaching resources are provided to schools adopting Chinese as the medium of instruction so as to help maintain standards of English?
CHIEF SECRETARY: Yes, Sir, they are provided with an additional English language teacher, and measures are being taken and examined, although no decisions have been taken yet, to further increase the number of native English speakers available to the schools in Hong Kong. As well as that, there are special courses at the Institute of Language in order to help teachers improve their teaching ability in the English language. So I think you could say, Sir, that the importance of English and bilingualism in Hong Kong and the maintenance of standards in English is very much in the mind of the Government.
MR. HU: Sir, is the Administration satisfied that the Chinese version of the 110 pieces of legislation already translated are in good, modern, educated Chinese?
CHIEF SECRETARY: Sir, I think it would be better if my questioner, who is Chinese, were to answer the question!
DR. HO: Sir, will the Government consider asking the Education Department to strengthen or to re-introduce the Chinese/English translation subject to Form IV and Form V students in order to enhance the competency of these students in the Chinese language?
CHIEF SECRETARY: Yes, Sir, I will certainly pass that suggestion to the Secretary for Education and Manpower who is sitting behind me and no doubt listening with interest, and also to the Director of Education.
MRS. NG (in Cantonese): Sir, the Government has over 300 advisory committees. Is it true that all the documents are written in both English and Chinese? If this is not so, can the Government consider providing documents in both English and Chinese for all the advisory committees? The second question is that reference was made in the reply to the documents in the Legislative Council, district boards, Urban and Regional Councils, but it seems to me that the Executive Council does not have any documents written in Chinese, so will the Government consider also translating the documents into Chinese for the Executive Council?
1304 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
CHIEF SECRETARY: Sir, the first part of the question: no, it is not true that all committee documents for all the advisory committees that Mrs. NG has mentioned are translated into Chinese. Where the committee itself and the members of it are all fully conversant with English and where the documents themselves are sometimes of prodigious length, then translation is not necessary and we don't undertake it. With regard to Executive Council, Sir, I cannot of course reveal the contents of Executive Council meetings but I can say perhaps that the documents that we have in Executive Council are not in both languages.
MR. MARTIN LEE: Sir, those of us who have the misfortune of having to interview applicants for jobs, like secretaries, have found a shocking drop in standard in English of the applicants. While the Government pursues its policy of implementing Chinese as official language, will the Government also take relevant steps to ensure that the standard of English will be improved?
CHIEF SECRETARY: Well, as I have said earlier on, Sir, this afternoon this question of maintaining standards of English I think is very much in our minds and in my own view, as indeed Mr. Martin LEE indicates by his question, is of great importance to Hong Kong and it is one, indeed, which Members of this Council no doubt in their committees will pay attention to ensure that these standards are kept up. But certainly the Government itself has not lost sight of that objective and the need to maintain the standards of English when pursuing the use of Chinese in schools.
MR. YEUNG: Sir, in the light of the operational needs in the use of written Chinese, Putonghua, or other Chinese dialects, what incentive has been given to expatriate officers in this regard and which expatriate officers are particularly in need of this kind of training?
CHIEF SECRETARY: Courses are made available for them, Sir. They don't have to pay for the courses. They are expected and encouraged to take part in them. I hope that would be sufficient incentive.
MR. ANDREW WONG (in Cantonese): Sir, in paragraph 5 in the principal answer supplied by the Chief Secretary, it is mentioned that there are some grades which require regular use of Chinese. Do these grades include Executive Officers and Administrative Officers? And if this is not stipulated now, will we state in future that those people applying for Executive Officers and Administrative Officers appointment should have a knowledge of Chinese?
CHIEF SECRETARY: Yes, Sir, Administrative Officers and Executive Officers and, so far as I know, Labour Officers, are required to have an ability in Chinese and it is one of their terms of recruitment.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1305
MR. MARTIN LEE: Sir, with respect, I don't think the Chief Secretary has answered my question which is not directed to the maintaining of a standard which I consider to be poor but the improvement of that standard.
HIS EXCELLENCY THE PRESIDENT: Sorry, what is your question now, Mr. LEE?
MR. MARTIN LEE: The question is would Government consider improving the standard of English rather than maintaining a standard which is poor?
CHIEF SECRETARY: Yes, Sir!
MR. CHAN KAM-CHUEN: Sir, what steps have Government taken to educate non-Punti speaking Chinese immigrants to learn Punti which is a very important Chinese business language?
CHIEF SECRETARY: I should like notice of that question, Sir.
MR. LEE YU-TAI: Sir, is the Government aware that the language spoken by most Hong Kong people is in fact a Hong Kong language which is a mixture of English and Chinese? If so, are measures being taken to promote more purified language, either in Chinese or in English?
CHIEF SECRETARY: Sir, I am sure the Textbooks Committee under the chairman-ship of my friend, Mr. SZETO Wah, will take very good care of that question!
Legal Aid for filing bankruptcy or wind-up petitions
3. MR. PANG asked (in Cantonese):
(a) During the year 1985-86, after workers had been referred by the Labour Department to the Legal Aid Department for the purpose of lodging bankruptcy or winding-up petitions, how long did they have to wait on the average before their petitions could be filed with the courts?
(b) How does this waiting period compare with that in 1984-85?
CHIEF SECRETARY: Sir, workers referred by the Labour Department to the Legal Aid Department are given an appointment for an interview by a professional officer of the Legal Aid Department in about eight working days. A further three to four working days are required for the preparation and completion of the appropriate documents before a petition can be filed.
The waiting time may be longer if there is no evidence of an act of bankruptcy or insolvency immediately available. In these cases, enquiries have to be made to establish the inability of the employer to meet his obligations to his creditors. If the workers rely upon a finding of the Labour Tribunal then seven clear days
1306 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
have to be allowed for a Bankruptcy Notice, or 21 clear days for a Notice under section 178 of the Companies Ordinance, to be served before a petition can be filed.
On the other hand, in urgent cases, for example, where there is a real threat that the employer may attempt to dispose of assets in order to defeat the claims of creditors then a petition can be filed within 24 hours.
As the waiting period varies with the circumstances of individual cases, it is difficult to make a direct comparison of the waiting period with that in 1984-85. The waiting time for the initial interview by the Legal Aid Department, however, has increased from four to eight working days due to an increase in the number of applications over the years. The situation is expected to improve as additional qualified staff become available in the near future.
MR. PANG (in Cantonese): Sir, in 1985-1986 usually the workers have to wait two to three months, some even over four months. The workers have to get the help of the Legal Aid Department to make arrangements before they can get repaid from a special fund, but the Chief Secretary's reply indicates that the Government will be recruiting additional qualified staff to improve the current situation. What I would like to know is, what is meant by the near future?
CHIEF SECRETARY: Well, within the next few months, Sir.
MR. TAM (in Cantonese): Sir, the Legal Aid Department usually provides help through lawyers who do not speak Cantonese. Will this not affect the waiting time, lengthen it that is?
CHIEF SECRETARY: I haven't heard that an inability to speak Cantonese has affected the waiting time, Sir.
Taxi licences
4. MR. CHEONG-LEEN asked: With regard to the issuing of new taxi licences for the rest of 1986, will Government consider limiting such licences to owner-drivers and ensuring that these licences are non-transferable for at least a five-year period?
SECRETARY FOR TRANSPORT: Sir, I am in principle against restricting the issue of new taxi licences to owner-drivers, or forbidding the transfer of taxi licences within a specified period, and I have no intention of making recommendations to do so. It does not seem to me that there is anything to be gained from such measures, in fact quite the contrary.
I appreciate that there is some concern about the possibility of taxi licences being monopolised by big companies for speculative purposes. These worries,
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1307
however, are simply not borne out by facts. At present as I said quite recently in this Council, some 95 per cent of the whole taxi fleet is already owned by individual owner-drivers, the remaining 5 per cent or 740 licences being distributed amongst 46 companies. This distribution pattern does not indicate the existence of a monopoly and does not call for the introduction of restrictive measures to limit the issue of new taxi licences to owner-drivers.
As regards speculation, a recent review has revealed that the average tender premium for taxi licences has actually decreased in real terms by 23 per cent for urban taxis since 1977 and by about 90 per cent for New Territories taxis since 1980. This is contrary to the popular belief that speculation has pushed up the tender premium for taxi licences. In any case, it would be extremely difficult to enforce a prohibition on the transfer of taxi licences and such a prohibition would most likely result in a black market as long as there is a demand for taxi licences.
MR. CHEONG-LEEN: Sir, isn't it a fact that the average tender premium this year has been nearly $300,000 per urban taxi and such a figure is about 50 per cent over the average premium for last year? Furthermore, can the Secretary for Transport confirm that his branch is against restricting the issue of any new taxi licences directly to owner-drivers in the second half of this year, principally because Government wishes to keep the premium at a high level?
SECRETARY FOR TRANSPORT: The answer to the first part of that question is that indeed the taxi premium for the last batch of 100 licences issued in January this year was 32 per cent higher than the previous batch, but as I said taken from 1977, when the tendering exercises first started, the graph shows that in real terms the actual price is 23 per cent lower than when we first started. As regards the second part, Sir, it is difficult for me to answer that because a decision has not yet been reached on whether there should be any further issue of taxi licences, when the present ceiling is reached on 17 July this year.
DR. TSE: Sir, in view of a submission made to me through my District Board from certain interested parties regarding the over-supply of taxis in Hong Kong, could Government inform this Council whether it is satisfied that the current taxi supply situation justifies the issuing of new taxi licences?
SECRETARY FOR TRANSPORT: Sir, once again this is a subject of review carried out just at this moment and I cannot prejudice a decision not yet reached by the Governor in Council.
MR. JACKIE CHAN (in Cantonese): Sir, will the Government consider increasing the fees for transfer for taxi licences to curb speculation?
SECRETARY FOR TRANSPORT: Sir, taxi licences are freely interchangeable; they can be sold at any time and under the present system there is no restriction on either the sale or the level of price of taxi licences.
1308 HONG KONG LEGISLATIVE COUNCIL—4 June 1986 Prosecution of unregistered medical practitioners
5. DR. IP asked: Regarding unregistered medical practitioners, can the Government inform this Council:
(a) how many cases have been prosecuted in the past three years; what were the sentencing patterns; what are the range of fines and range of custodial sentences imposed; (b) how many cases involved illegal abortions and/or the use of Schedule I or II poisons; (c) what was the average number of patients seen by the unregistered doctors before successful prosecution took place; and
(d) will Government consider reviewing the level of fines and custodial sentences given to ensure that they are heavy enough to deter such malpractices?
SECRETARY FOR HEALTH AND WELFARE: Sir, the statistics on prosecutions of unregistered medical practitioners asked for in the first three parts of the question cannot, I fear, readily be produced by the existing statistical system relating to criminal prosecutions. I'm told to produce these figures manually would involve going through no less than 270 000 prosecution files.
It may however be helpful to give the number of complaints about unregistered medical practitioners received by the Medical and Health Department during the past three years; there were 44 such complaints in 1983, 73 in 1984, and 66 in 1985. During the same three years the department took part in 84, 112 and 92 police raids in connection with complaints of this type. I should make it clear however that these figures relate to complaints and investigations, and not to prosecutions or convictions.
In reply to the final part of Dr. IP'S question, the Government is considering a substantial increase in the penalties for the illegal practice of medicine under the Medical Clinics Ordinance (Cap 343), and similar amendments are proposed to the Medical Registration Ordinance (Cap 161) to deal with offences which occur outside medical clinics. Subject to the approval of the Governor in Council, I hope that a Bill incorporating these proposals will be introduced into this Council early in the next session.
DR. IP: Sir, it is very reassuring to know that Government is considering a substantial increase in penalties for illegal practitioners of medicine. I just have this supplementary question to ask; and it is, would Government consider improving the communications between two Government departments so as to facilitate a feed back by the Attorney General's Chambers of the end result, e.g. prosecution and conviction, to the Medical and Health Department which initiated the investigations about unregistered medical practitioners?
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1309
SECRETARY FOR HEALTH AND WELFARE: Sir, I will certainly make enquiries to see if this can be arranged.
DR. CHIU: Sir, I am glad to learn that the Government is taking positive steps to deter illegal medical practice but will the Government inform this Council whether there were follow-ups by the Medical and Health Department to the 84, 112 and 92 cases of complaints and police raids mentioned and whether the people involved were prosecuted or convicted? If 'yes', what are the figures?
SECRETARY FOR HEALTH AND WELFARE: Sir, I have not been able to obtain any precise figures as to exactly what happened as a result of these raids but I will make further enquiries of the Medical and Health Department and let Dr. CHIU know. (Annex IV)
Grouping of bus routes
6. MR. LIU asked (in Cantonese): Will Government inform this Council:
(a) whether the Transport Department has drawn up a set of standards to differentiate between urban bus routes and rural bus routes? If so, on what basis are such standards set and to what extent is the level of fares and frequency of services affected by such a differentiation; and
(b) in view of the fact that some areas which were originally classified as rural areas are now generally regarded as urban areas due to population movements, will Government consider reviewing the existing classification of bus routes to take into account of such changes?
SECRETARY FOR TRANSPORT: Sir, bus routes are indeed grouped into a number of different categories including urban and rural, and a number of factors are taken into account in so grouping them. The main considerations are population densities and trip demand in the areas through which the bus route operates. For example the urban routes of the Kowloon Motor Bus Company cover the services operating entirely within Kowloon, Sha Tin and Tsuen Wan; the remainder being classified as rural. For the China Motor Bus Company, bus services operating along the densely populated corridor between Chai Wan and Kennedy Town are currently grouped under the urban category whilst those serving the mid-levels and south island are classified as suburban.
It is difficult to make a full comparison between the urban and rural bus fares due to the many and varied fare bands included in the route groups. However, fares are generally higher for the rural and suburban services to reflect the lower passenger turnover en-route, the irregular spread of passenger demand throughout the day, and the relatively higher operating costs of these services. Frequencies are however determined on the basis of passenger demand irrespective of the route classifications.
1310 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
The Transport Department does constantly review the classification of bus routes, taking into account any new development and population changes in different geographical areas. In the case of KMB, the fare scales for the rural services in the New Territories are already quite close to the urban scales reflecting the increased urbanisation of the New Territories. For CMB, the Transport Department is in discussion with the company about reviewing the classification of bus routes in the light of recent housing developments, particularly in the Southern District.
MR. LIU (in Cantonese): Sir, in the Southern District, public housing development and also private property development have led to an increase in population. Has Government considered re-classifying the routes originally designated as rural routes to be urban routes? If so, what about fares and frequencies which may need to be adjusted as well?
SECRETARY FOR TRANSPORT: Yes, Sir, as I said, the department is in consultation with China Motor Bus Company now with particular reference to routes in the Southern District to take into account increased population, increased activity, to see whether there is any case for re classifying routes now classified as suburban to urban.
MR. HUI: Sir, can the Government inform this Council of the following: (1) in order to prevent bus companies from raising their fares too frequently, should there be a minimum time limit between two fare increases. If not, why not? (2) what is the shortest time limit between two raises of fares so far permitted? (3) what is the largest percentage of fares per route so far allowed?
SECRETARY FOR TRANSPORT: Sir, we are straying into rather wider areas than the original question. However, I will try. Unfortunately, fare increases are dependent upon such factors as increased operating costs, patronage figures and so on. It is rather difficult to say that fare increases should take place at a particular time. And in any case, Sir, there are two schools of thought; one, which would prefer more frequent and smaller increases to less frequent and very large increases. So, I don't think one could lay down an actual time. Whether I can remember the shortest time between fare increases, I am not sure. But normally one would expect a fare increase not more often than once a year and that has been quite often the pattern, although in some cases fares have not been raised for two or three years. As for the largest percentage, the recent increase in China Motor Bus standard fare was in fact 20 cents which was not a very substantial amount but in fact is 25 per cent of the standard fare.
MR. LIU (in Cantonese): Sir, I am very glad to learn that the Government will be negotiating with the CMB but I would like to know when the review will be carried out and when it will be completed in respect of Southern District and would you consult the relevant organisations like the district board on the result of the review?
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1311
SECRETARY FOR TRANSPORT: Sir, well, we would like to get on with this review as quickly as possible and the present intention is to complete it no later than September. Representations have been made to the Transport Department from interested organisations, including the Southern District Board, which carried out its own survey, and certainly all these opinions will be taken into consideration.
MR. LEE YU-TAI: Sir, is there any truth in a fairly common statement that bus fares are allowed to increase rather easily so as to make MTR fares competitive?
SECRETARY FOR TRANSPORT: Sir, no, the policy is to aim for a reasonable choice for the consumer, a reasonable choice of modes at reasonable fares.
Written answers to questions
Complaints against the police
7. DR. LAM asked: Regarding complaints against police officers by the public, will the Government inform this Council:
(a) how many cases were reported in the past three years;
(b) of these cases, how many were substantiated;
(c) what disciplinary actions have been taken against the officers proven to be at fault; and (d) what are the general policies as to when criminal proceedings will be taken against the police officers concerned?
ATTORNEY GENERAL: Sir, the information sought is available from annual reports of the UMELCO Police Group tabled in the Legislative Council. Such reports also include a more detailed analysis of complaints lodged against the police than it has been possible to provide in answer to the present question. For convenience sake, the relevant data has been extracted from those reports and is set out below.
(a) The numbers of cases reported in each of the last three calendar years are as follows— 1983 1984 1985 Total
3 873 4 326 4 438 12 637
(b) The 12 637 reports made over the past three years contained allegations of 19 185 separate misdemeanours as follows—
1983 1984 1985 Total
5 668 7 004 6 513 19 185
The numbers of allegations found to have been substantiated were—
1983 1984 1985 Total
Number 514 594 526 1 634 (Percentage of total
allegations) (9.1%) (8.5%) (8.1%) (8.5%)
1312 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
(c) The cases reported involved 22 033 officers. Action taken against those found to be at fault was as follows—
1983 1984 1985 Total
(i) Charged with a
criminal offence 28 40 24 92 (as percentage of
officers complained
against) (0.5%) (0.5%) (0.3%) (0.4%) (ii) Formal
disciplinary
proceedings
instituted 126 129 178 433 (as percentage of
officers complained
against) (2.0%) (1.6%) (2.3%) (2.0%) (iii) Given a warning 163 157 107 427 (as percentage of
officers complained
against) (2.6%) (2.0%) (1.4%) (1.9%) (iv) Given advice 558 934 839 2 331 (as percentage of
officers complained
against) (9.0%) (11.8%) (10.6%) (10.6%) Total 875 1 260 1 148 3 283 (as percentage of
officers complained
against) (14.1%) (15.9%) (14.5%) (14.9%)
(d) As with all such allegations, those of a criminal nature are carefully and fully investigated. On completion of each investigation, the file is passed to the Prosecutions Division of the Attorney General's Chambers. The Prosecutions Division determines whether there is sufficient evidence to support a prosecution. If there is, proceedings are instituted.
Working Party on Pre-school Care, Education and Training of Disabled Children
8. MR. HUI asked: Regarding the report of the working party on Pre-school Care, Education and Training of Disabled Children published in 1984, will the Government inform this Council:
(a) which of the recommendations made by the working party have so far been implemented and what are the reasons for not implementing the other recommendations;
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1313
(b) whether action is being taken to expedite the completion of three new special child care centres, originally planned for operation in 1984;
(c) whether the same standards of fitting out are being applied to special child care centres and ordinary child care centres; if so, why;
(d) what is the present position with regard to the implementation of standards recommended by the working party in the three new special child care centres and the improvement of the seven existing pre-school services to meet the required standards;
(e) whether the Government has any plans to implement the two-year full-time training course for special child care workers; and
(f) whether it will consider raising the basic qualification of special child care workers from Form III to Form V?
SECRETARY FOR EDUCATION AND MANPOWER: To answer these questions seriatim:
(a) Please see the attached table in the Appendix, which outlines the recommendations of the report and its progress.
(b) The three special child care centres in question are those at Shek Kip Mei and Lung Hang Estates, to be run by the Spastics Association of Hong Kong, and one at Chun Shek Estate, Sha Tin, to be run by the Heep Hong Society for Handicapped Children.
The first two were given policy approval on 22 July 1983, and the agency applied for grants from the Lotteries Fund to cover the capital cost on 26 October 1984. The application was endorsed by Subventions and Lotteries Fund Advisory Committee (SLFAC), on 18 November 1985.
Both projects are now being processed by the Finance Branch. Once funding has been approved, the agency will be able to proceed with the projects.
The third special child care centre, at Chun Shek Estate, received policy support in March 1984, and the agency submitted its application for a grant from the Lotteries Fund in October that year. After detailed negotiations with the agency, the application was put to SLFAC on 6 January 1986. Members considered, though, that the proposed fitting-out costs were on the high side and advised that the case be deferred until the level of support for the other two centres had been agreed upon.
(c) In view of the special needs of disabled children, special child care centres require certain specialised equipment and non-standard finishes. Thus, the standard of fitting out of these centres is higher than that of ordinary child care centres.
(d) The recommended schedules of accommodation have been adopted for the three new centres under planning. Ways of implementing the recommendations in respect of staffing standards continue to be discussed.
1314 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
The proposal to increase space as training area for existing integrated child care centres was not supported by the working party because the current provision is already in excess of the standard stipulated in the Child Care Centre Ordinance.
As all existing centres meet current legislative requirements on floor area, there is at present no intention of reprovisioning or enlarging these centres. Government's priority is to increase the provision of places by planning more new centres rather than reprovision existing ones. Neither is it intended to provide them with additional staff for the time being.
(e) The proposed two-year full-time pre-service training course for special child care workers is not considered viable under existing circumstances.
The proposal requires two years pre-service training after Form V, and the graduate would only receive MPS 7 on joining the service under existing conditions. It compares most unfavourably with a social work diploma graduate from the Hong Kong Polytechnic, who also undergoes two years training, but will receive MPS 14. This arrangement is unlikely to encourage suitable graduates to enter the field of special child care. It is thus considered that such a course would not be viable and practical, though there is a proposal to increase the entry point for special child care workers to MPS 9.
In place of the proposed two-year pre-service course, the following alternatives have been devised:
(i) a one-year pre-service full time certificate course in child care. This is being provided at present by the Hong Kong Polytechnic;
(ii) experienced and interested graduates of (i) would go on to complete an in-service course of one academic year with special focus on care for the disabled children. This would be an extension of the six-month course now being run by the Hong Kong Polytechnic.
(f) This is one of the recommendations of the WOPSCET Report. The recommendation was proposed on the assumption that the entry point for special child care workers would be raised from MPS 7 to MPS 9, and that there would be a two-year pre-service training course. However the improved salary scale has yet to be implemented due to financial constraint and the two-year pre-service training course is considered not practical. This recommendation will now have to be re-considered by the Social Welfare Department to see if there is a need to adjust entry requirements to this service.
APPENDIX
(a) Which of the recommendations made by the working party have so far been implemented and what are the reasons for not implementing the other recommendations
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1315 Summary of recommendation of WOPSCET Report Progress
IDENTIFICATION AND ASSESSMENT
Social and Environmental Risk Factors
12.1 It is recommended that the Director of Medical and Health Services should extend the Developmental Screening Test procedures to facilitate the identification of risks of social or environmental origins by adding an item "social factors" to the list of factors on the test record form currently used, and by training personnel providing the tests to identify such social factors.
Statistics on Disabilities/Abnormalities
Detected by COS
12.2 It is recommended that the Family Health Service of the Medical and Health Department should assume the responsibility of maintaining records of all disabilities identified in maternity wards, COS Clinics, MCHCs and Child Assessment Centres. Attempts should be made to encourage private medical practitioners and voluntary agencies to forward to the services cases identified by them. All such cases should then be submitted by the Family Health Service to the Central Registry of the Disabled.
Publicity for the COS
12.3 It is recommended that publicity for the scheme should be intensified and that the possibility of publicising the scheme through the mass media should be considered.
Recommendation already implemented
Recommendation already implemented
Publicity for the COS has been strengthened. It will
continuously be carried out by the staff of the Family Health Service of the Medical and Health Department and
periodically via the mass media.
1316 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
Summary of recommendation of WOPSCET Report Progress Planning Ratio for COS
12.4 It is recommended that the Director of Medical and Health Services should review the planning ratios currently used in planning Developmental Screening Tests to ascertain by how much the scheme is less effective compared to the 95 per cent target originally set and whether the effectiveness level is acceptable.
Building Programmes for Child Assessment Centres
12.5 It is recommended that the building programmes for these projects should continue to be accorded priority to ensure that the target dates of completion will be met.
The 1984 Review of
Rehabilitation Programme Plan resets the planning ratios to 90 per cent, 70 per cent, 50 per cent, 30 per cent and 20 per cent as the basis for planning services under the scheme.
The new planning ratio is more realistic compared to the original target of 95 per cent coverage as about 20 per cent of all births are handled by and will be under the continuous care of private practitioners.
A total of six child assessment centres are being planned
One assessment centre at Kwun Tong Polyclinic is scheduled to start operation in June 1987 while four other centres at (Tuen Mun Hospital, West Kowloon Medical Rehabilitation Centre and Child Assessment Centre, Ha Kwai Chung Clinic, Sha Tin School Children's Dental Clinic & Child Assessment Centre) are due for completion in 1988-1989 and one centre (at High Street Medical and Educational Services Centre) in 1990.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1317
Summary of recommendation of WOPSCET Report Progress
SERVICES FOR DISABLED CHILDREN
AGED ZERO TO TWO
Introduction of an Early Education and Training
Programme
12.6 It is recommended that a new service should be introduced in 1985-86 to provide training to disabled children below the age of two. This service should be provided in district-based centres.
12.7 It is also recommended that if the existing early intervention programmes conform to the operation requirements of the new EETCs, they should be brought under the umbrella of EETC services to be subvented by the Social Welfare Department.
SERVICES FOR DISABLED CHILDREN AGED TWO TO SIX
Demarcation between the roles played by child care centres and preparatory classes in special schools in the rehabilitation process
12.8 It is recommended that the following demarcation should be followed:—
(a) Special and Integrated Child Care Centres― Their primary role in the rehabilitation process is to provide care and training to children with all types of disabilities that will serve as a foundation for subsequent development. The training
provided in such centres is geared to developing disabled children's developmental skills (i.e. cognitive, perceptual motor, communication/
Two new EETCs are under actual planning and expected to be in operation in 1987-88. A total of 11 EETCs is being planned any by 1990-91, a total of 560 additional places will be provided.
Six existing early intervention programmes have been brought under the umbrella of EETC and are subvented by SWD
providing a total of 30 places.
The demarcation between SCCCs and ICCCs on the one hand and preparatory classes in special school on the other is being followed.
1318 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
Summary of recommendation of WOPSCET Report Progress
language, self care and social skills). Disabled
children may attend these centres at the age of
two. Mentally handicapped children may stay until
they reach the age of six.
(b) Preparatory classes in special schools—
These classes, which are available to the deaf,
blind and physically handicapped, are basically to
provide education with an aim to develop the
language proficiency, reading and writing
readiness, general learning abilities and social and
motor skills. The provision of preparatory class
ensures that the transition from kindergarten
education to primary education is a smooth
continuum.
These pupils may also have mild mental handicap
in addition to their major disabilities. Disabled
children normally enter preparatory classes at the
age of four.
Provision of preparatory classes for the mentally
handicapped
12.9 It is recommended that mentally handicapped children should continue to receive training in special and integrated child care centres and the proposed integrated kindergarten programme.
An integrated kindergarten programme
12.10 It is proposed that an integrated programme should be introduced in kindergartens for mildly disabled children aged three to six. The Education Department will start a pilot project in 1985 covering 10 non-profit making kindergartens.
Recommendation followed.
23 organisations were invited to consider participating in the two year pilot scheme and only nine applications were received. The pilot project started in
September 1985. An integrated programme has been operated in the non-profit-making
kindergartens nominated.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1319
Summary of recommendation of WOPSCET Report Progress
Support for integrated child care centres
12.11 It is recommended that the Director of Social Welfare, Director of Education and Director of Medical and Health Services should consider, in consultation with the voluntary sector, the means of providing specialist support to integrated child care centres.
Training for autistic pre-schoolers
12.12 It is recommended that a three-stage provision should be introduced, which should be reviewed again in 1985 when the results of the two experimental autistic classes are available.
SWD together with Government departments concerned is considering how the support service for ICCCs should best be provided. Meanwhile, the Rehabilitation Division of Education and Manpower Branch plans to apply to the Lotteries Fund to employ two research assistants to develop a general programme for ICCCs providing specific guidelines on how to train the disabled
children in these centres.
Based on the findings of the Evaluation Report it is proposed that the educational provision for autistic children should be introduced to all special schools for the mentally handicapped within two years commencing 1.9.1987. In the meantime, the proposed provision has been implemented on a small scale in five special schools since September 1985 as an extension of the pilot programme. The psychiatric unit of Medical and Health Department contributes by continuing to provide medical treatment and reassessment of the autistic children.
1320 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
Summary of recommendation of WOPSCET Report Progress
TRAINING OF PERSONNEL IN THE PRE-SCHOOL SERVICES FOR DISABLED CHILDREN
Three proposed training courses
12.13 It is recommended that the following training
courses should be provided to child care workers and
supervisors and kindergarten teachers serving disabled pre-schoolers:
(a) a two-year full time pre-service training course for child care workers in special and integrated child care centres and early education training centres, and teachers in kindergartens providing the
integrated programme;
(b) a six-month part time in-service training course for child care workers and kindergarten teachers who are providing services to disabled pre
schoolers as well as those who join the service prior to the introduction of the two year course; and
(c) a six-day in-service course for supervisors of child care centres and kindergartens offering integrated programmes, special child care centres and early education and training centres.
Training for preparatory class teachers
12.14 It is recommended that the curriculum of the special teachers' course in the Sir Robert Black College of Education should be expanded to give sufficient coverage to the teaching of handicapped pre-schoolers with all types of disabilities. Recommendation followed.
Please see answer given to Question (e).
Two six-month courses has been completed and a third one is underway. Each course caters for 40 persons.
SWD's existing management course for child care centre supervisors has been extended to include the supervisors of ICCCs, SCCCs and EETCs.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1321
Summary of recommendation of WOPSCET Report Progress
Basic qualification for child care workers in special and
integrated child care centres
12.15 It is recommended that the basic academic qualification for a special (and integrated) child care worker should be raised to Form V so that they would be able to derive the maximum benefit from the proposed training courses.
Mandatory six-month in-service training course
12.16 It is recommended that the six-month training course should be completed by all child care workers currently in the service as a condition of their regrading to the new salary scale proposed in this report.
Review of salary scale for child care workers
12.17 It is proposed that the salary scale of child care workers in special and integrated child care centres and early education and training centres should be reviewed
prior to the introduction of the two-year pre-service course.
Please see answer given to Question (f).
See notes below under 'Staffing Standard'.
1322 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
Summary of recommendation of WOPSCET Report Progress
STAFFING STANDARDS AND SCHEDULE OF
ACCOMMODATION
12.18 It is recommended that the staffing standards of the following services should be revised:
(a) special child care centres (including residential centres)
(b) integrated child care centres.
In addition, it is recommended that the schedule of accommodation for special child care centres should also be revised.
12.19 The staffing standards and schedule of accommodation for the EETC service have also been recommended.
CO-ORDINATED REFERRAL SYSTEM
12.20 It is recommended that a co-ordinated referral system should be introduced with the following functions:
(a) keeping and disseminating to departments and agencies concerned information on the overall vacancies and waiting lists in centres;
(b) through statistical returns and liaison, ensuring cases of high priority groups (especially for the EETCs) are served;
Staffing Standard
The recommended staffing standards for SCCCs, ICCCs and EETCs cannot be
implemented due to financial constraints. At an appropriate time, a FCai on the matter will be created for the consideration of FC members.
Schedule of accommodation
New schedules of
accommodation for SCCCs and EETCs will in principle, be applied to new centres. But in practice, schedules of
accommodation needed to be amended from time to time in the light of changing
circumstances such as physical constraint of the site. The recommended schedules of accommodation are used by SWD as a reference.
Owing to financial constraint and zero growth in SWD's staff strength, the co-ordinated referral system could not be implemented up until now. SWD is now applying for a
microcomputer system to help in setting up the system, and is discussing details with
Education Department.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1323
Summary of recommendation of WOPSCET Report Progress
(c) finding placements for hard-to-place cases, e.g.
severely multiple handicapped children;
(d) compiling statistics for planning purposes;
(e) ensuring that services are made available to all the
children who need them, as soon as possible; and
(f) ensuring a smooth transition and continuity from
one type of service to another at the appropriate
age or stage of development as the children grow
and progress.
12.21 It is recommended that the Social Welfare and Education Departments should proceed to design in consultation with the voluntary sector and Medical and Health Department the mechanism for the co-ordinated referral system, with a view to introducing it by 1985-86 to co-incide with the implementation of the proposed EETC service and the pilot project of an integrated programme in kindergartens.
DEMAND, PROVISION AND SHORTFALL OF SERVICES
Expansion Plan
12.22 It is recommended that the following rates of increase of provision should be adopted:
(a) special child care centres—an average annual increase of 180 places over each five-year period;
(b) early education and training centres—an initial 10 centres of 60 places each with an annual increase of six units; and
Owing to financial constraint and zero growth in SWD's staff strength, the co-ordinated referral system could not be implemented up until now. SWD is now applying for a
microcomputer system to help in setting up the system, and is discussing details with
Education Department.
Four new SCCCs, providing 204 places are scheduled to start operation in 1986-87. A total of 17 SCCCs, providing 936 additional places are due for completion by 1990-91.
Only six existing early
intervention programmes turned to subvention and have been considered EETCs at the
1324 HONG KONG LEGISLATIVE COUNCIL—4 June 1986 Summary of recommendation of WOPSCET Report Progress
(c) integrated programme—integrated child care centres should be increased at an average rate of 120 places per year and integrated kindergartens at an annual rate of 10 units, if the pilot project is successful.
Review of demand for services
12.23 It is recommended that the Education and Manpower Branch should review annually the demand for pre-school services for disabled children, in particularly integrated programme in child care centres and kindergartens.
initial stage. Owing to the time needed for planning of new centres, only two new EETCs are expected to start operation in 1987-88. The actual demand from disabled children at the zero to two age group which EETCs primarily cater for does not appear to be great. In existing EETCs, within a capacity of 320, as at 31.3.1986, only 67 children between zero to two are receiving service and 17 children of the same age are on the waiting list. The remaining capacity is filled by children at the two to six age group.
Owing to financial constraint, only 30 additional ICCC places could be provided in 1985-86. The same number is planned to be provided this year.
Since the demand for integrated places is being reviewed by SWD, the expansion of
provision in integrated
kindergarten will be subject to the outcome of the review and the findings of the evaluation of the pilot project.
SWD has found the proposed demand for integrated
programmes for mildly disabled children in ordinary child care centre (5910 for the year 1986) to be very
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1325
Summary of recommendation of WOPSCET Report Progress
unrealistic, in addition, it would
require nearly 1 000 ordinary
CCC to provide such service.
SWD is internally reviewing the
demand for ICCC places.
Alternative means of expanding services
12.24 It is recommended that the following suggestions
to increase provision should be considered in future, if
necessary:
(a) that the integrated kindergarten programme should be expanded to provide more places for mildly disabled children;
(b) that the manning ratio for integrated child care centres and kindergartens should be increased to provide more places; and
(c) that the Social Welfare Department should consider operating integrated child care centres.
Statement
Report of the UMELCO Police Group for 1985
(a) Since the demand for integrated places is being reviewed by SWD, the
expansion of provision in integrated kindergarten will be subject to the outcome of the review and the
findings of the evaluation of the pilot project.
(b) This will have to be considered in consultation with the voluntary sector which is the chief provider of the service.
(c) SWD's Lady Trench Day Nursery has been providing 10 places for mildly
handicapped children.
MR. CHEN: Sir, included in the papers tabled is the report of the UMELCO Police Group for 1985. This is the last annual report of the group which was dissolved in January this year and replaced by a new Police Complaints Committee.
1326 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
The report covers the work of the group during 1985. It will be seen that the group examined a record number of Police investigation reports in continuation of the trend which has developed since the group was first established in 1977. The number of new complaint cases registered by the Complaint Against the Police Office in the year showed a slight increase over that of 1984. As in 1984, a high proportion of the new cases were reported directly to the police.
The report also notes that in response to queries raised by the UMELCO Police Group, a number of changes in the police procedures and instructions were initiated which have brought about some improvements to the effectiveness and efficiency of the complaints system.
Sir, in December 1985, after careful examination of the recommendations of the 'Working Party to Review the Monitoring of CAPO by the UMELCO Police Group', the Government announced that with a view to further strengthening the monitoring capability of the group, the latter would be re-constituted in early 1986. The re-constituted group, to be renamed the Police Complaints Committee, would include Justices of the Peace and a supporting secretariat. It would have a chairman and two vice-chairmen drawn from UMELCO, and eight members drawn from a pool of Justices of the Peace. The Police Complaints Committee would no longer be a UMELCO body and its secretariat would operate to all intents and purposes as a separate department. Members of the committee would continue to be appointed by Your Excellency while the Attorney General would, as in the case of UMELCO Police Group, be the only official representative on the committee. Concurrent with the establishment of the new Police Complaints Committee, new monitoring procedures have been introduced.
Sir, I would like to take this opportunity to thank the Commissioner of Police and all officers in the Complaints and Internal Investigation Branch for their co-operation and assistance rendered to the old group and the new committee. I would also like to express my appreciation for the contribution and support by all members, past and present.
Government business
Motion
TRAFFIC ACCIDENT VICTIMS (ASSISTANCE FUND) ORDINANCE
THE FINANCIAL SECRETARY moved the following motion: That this Council approves the Supplement to the Traffic Accident Victims Assistance Scheme 1986.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1327
He said: Sir, I move the resolution standing in my name on the Order Paper.
The resolution seeks to amend the Traffic Accident Victims Assistance Supplementary Scheme which was approved by this Council on 4 December 1985.
Members will recollect that the aim of the supplementary scheme is to enable ex-gratia payments to be made to victims of traffic accidents involving vehicles insured with five insolvent insurers.
The administrative committee responsible for the implementation of the supplementary scheme was appointed earlier this year under the chairmanship of Mr. Andrew So. The committee has in the course of its work identified a number of deficiencies in the provisions of the supplementary scheme. Amendments are necessary in order that it can be implemented as originally intended. These amendments relate mainly to the administration of the supplementary scheme and clarify certain points. The substance is unchanged.
The amended scheme attached to the resolution now before this Council makes it clear that the administrative committee may exercise its discretion to determine the eligibility of applicants, the extent of liability of any defendant or the insurer, the quantum of each claim, the amount of each ex-gratia payment and all other questions that may arise in the administration of the scheme on the basis of information available, without being under any obligation to require further evidence.
The amended scheme also enables the committee to consider and accept claims notwithstanding the expiry of any relevant limitation period. This amendment is required because the committee has received a few applications where no legal proceedings have been issued and where proceedings are now statute barred. The scheme was intended to cover these cases.
The provisions in relation to rights of subrogation conferred upon the Director of Social Welfare are also clarified.
Lastly, Sir, the application period for the submission of claims is to be extended to a date one month after the approval of the resolution by this Council. Upon the expiry of the period for submission of applications on 4 April, a total of 426 applications had been received. Although it is probable that the majority of those eligible have applied, the committee believes that there may still be some who are not aware of the scheme. I hope that no further extension of the time limit will be required. On the information now before us it appears that the proposed extension will not result in any increase in the overall financial commitment of up to $100 million noted by this Council last November. The committee expects that all applications will be processed by September 1986 and the extension will not delay the final payout to the victims.
Sir, I beg to move.
Question put and agreed to.
1328 HONG KONG LEGISLATIVE COUNCIL—4 June 1986 First Reading of Bills
CIVIL AVIATION (AIRCRAFT NOISE) BILL 1986
SHIPPING AND PORT CONTROL (AMENDMENT) BILL 1986
FIRE SERVICES (AMENDMENT) (NO. 2) BILL 1986
PUBLIC HOLIDAY (ROYAL VISIT) BILL 1986
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL 1986
Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
Second Reading of Bills
CIVIL AVIATION (AIRCRAFT NOISE) BILL 1986
THE FINANCIAL SECRETARY moved the Second Reading of: 'A Bill to control the emission of noise by aircraft and for matters ancillary thereto or connected therewith'.
He said: Sir, I move that the Civil Aviation (Aircraft Noise) Bill 1986 be read a Second time.
Noise is one of a number of environmental problems being tackled by the Government. The Bill now before this Council is concerned with one particular form of noise, namely that caused by aircraft. Given the location of Hong Kong International Airport, a significant number of people living in close proximity to the airport or under its flight paths are subject to noise resulting from aircraft operations.
Over the years, the Government has taken administrative action, such as the general prohibition of night-time take-offs and landings, to reduce the impact of aircraft noise. The Civil Aviation (Aircraft Noise) Bill 1986 is intended to provide statutory powers to reduce noise nuisance caused by aircraft and to enable effect to be given to international standards and recommended practices on aircraft noise emissions. These standards and practices have been laid down in an annex, Annex 16 (which is mentioned in the Bill), to the International Convention on Civil Aviation, to which Hong Kong, through the United Kingdom, is a party. Annex 16 has been adopted by the International Civil Aviation Organisation in recognition of the noise nuisance caused by aircraft.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1329
The Bill provides for the Governor to determine the classes of aircraft, which, on dates to be specified, will require a noise certificate (or other similar evidence of compliance with Annex 16) before being permitted to land or take off in Hong Kong. The Director of Civil Aviation is empowered to grant an exemption if justified in particular circumstances. If this Bill is passed, it is proposed that the noise certification requirements be phased in, as recommended by the International Civil Aviation Organisation and adopted by the United Kingdom and other countries. Thus, noise certificates would be required of aircraft based in Hong Kong, from 1 September next, but foreign aircraft will be required to comply only from a date, still to be determined, after 31 December 1987. In brief, the general effect of these provisions will be to prohibit older, noisier aircraft from being operated into and out of Hong Kong.
Sir, the first stage of implementation of this part of the legislation will, admittedly, have no immediate significant impact on the overall aircraft noise levels in the vicinity of Hong Kong International Airport, since all aircraft on the Hong Kong register are capable of complying with the legislation. Nevertheless, the proposed legislation is a step in the right direction, and its full effect will be felt once the second stage is implemented.
The Bill also empowers the Director of Civil Aviation to require aircraft operators to adopt landing and take-off procedures to mitigate the effect of noise and vibration, and to specify when aircraft may land at and take off from Hong Kong aerodromes and in what numbers. Again, these are powers which may be exercised to reduce aircraft noise impact in and around the airport, especially at night.
There are a number of ancillary matters dealt with in the Bill and these are described in some detail in the explanatory memorandum to the bill itself.
Sir, I move that the debate on this motion be now adjourned.
Motion made. That the debate on the Second Reading of the Bill be adjourned. Question put and agreed to.
SHIPPING AND PORT CONTROL (AMENDMENT) BILL 1986
THE FINANCIAL SECRETARY moved the Second Reading of: 'A Bill to amend the Shipping and Port Control Ordinance'.
He said: Sir, I move that the Shipping and Port Control (Amendment) Bill 1986 be read the Second time.
The purpose of this Bill is to give the Director of Marine wider rule-making powers in respect of certificates of competency for crew on licensed vessels.
1330 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
All such vessels under way in the waters of Hong Kong are required to carrya certificated master and engineer on board. The Shipping and Port Control Ordinance requires the Director of Marine to conduct appropriate examinations and enables him to make rules governing standards and procedures with regard to the issue of certificates of competency. Whilst the system works we enough for most categories of vessel, it gives rise to problems concerning the certification of crew for pleasure vessels. There is no provision allowing the Director of Marine to issue different grades of certificate for pleasure vessels Neither is he empowered to recognise certificates issued by other maritime authorities. There are a number of other minor amendments required and they are of a procedural nature.
Clause 3 of the Bill seeks to amend section 29 of the principal Ordinance and introduces new sub-sections. These give the Director of Marine wider powers enabling him to make rules for the issue of different grades of certificate, for the necessary examinations, for recognition of equivalent certificates of competency and generally for the better administration of the relevant part of the Ordinance. Furthermore, the new sub-section (6) provides for an age limit for the continued validity of a certificate to be set and makes provision for its subsequent extension. It is proposed that the age limit be 65 years. Further extension beyond that age will be granted subject to the holder satisfying the Director of Marine of his continued competency, physical fitness and good eye sight. The effect of this provision is that if the certificate holder does not apply, or fails in his application for an extension by the time he reaches 65, his certificate will become invalid.
Sir, I am happy to say that the terms of this legislation, together with the regulations and rules proposed to be made, have been agreed by representatives of the pleasure boating community.
Sir, I move that the debate on this motion be adjourned.
Motion made. That the debate on the Second Reading of Bill be adjourned. Question put and agreed to.
FIRE SERVICES (AMENDMENT) (NO. 2) BILL 1986
THE ATTORNEY GENERAL moved the Second Reading of: 'A Bill to amend the Fire Services Ordinance'.
He said: Sir, I more the Fire Services (Amendment) (No. 2) Bill be read a Second time.
Under existing legislation any person with the appropriate qualifications may apply to the Director of Fire Services to be registered as a fire service installation
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1331
contractor. The director then has a duty to determine whether that person is fit to be registered. To that end, the director is required to examine the qualifications of the applicant and in certain cases to conduct a written examination and interview. In addition, the director has to inspect any workshop of the applicant.
Sir, the examination and inspection procedures require considerable administrative effort by the staff of the Fire Services Department. But the existing legislation contains no power to charge fees to recover from applicants the costs to the Government of the examination, inspection and registration procedures. In line with general policy, Members of this Council may think that the Director of Fire Services should be able to charge fees to recover in full the administrative costs of these procedures. This amendment Bill seeks to empower the director to do so.
Sir, if the Bill is passed, amendments to the Fire Service (Installation Contractors) Regulations will subsequently be proposed and these will set out the actual fees to be charged.
I move that the debate on this motion be now adjourned.
Motion made. That the debate on the Second Reading of the Bill be adjourned. Question put and agreed to.
PUBLIC HOLIDAY (ROYAL VISIT) BILL 1986
THE SECRETARY FOR EDUCATION AND MANPOWER moved the Second Reading of: 'A Bill to declare 22 October 1986 to be a public holiday'.
He said: Sir, I rise to move that the Public Holiday (Royal Visit) Bill 1986 be read a Second time.
Her Majesty The Queen and His Royal Highness the Duke of Edinburgh will be visiting Hong Kong in October this year following their first visit to China. In view of the significance of the occasion, and to provide an opportunity for the people of Hong Kong to enjoy activities organised for the occasion, it is proposed that an additional public holiday should be appointed on Wednesday 22 October 1986. As with the additional holiday in 1981 to celebrate the royal wedding, this holday should be enjoyed by the whole community, and should thus be a holiday under both the Employment Ordinance and the Holidays Ordinance. As there is no provision under the Employment Ordinance for the grant of an additional statutory holiday, a special Bill is required for the purpose.
The Public Holiday (Royal Visit) Bill 1986 is identical in structure to the 1981 Public Holiday (Prince of Wales' Wedding) Ordinance, and appoints 22
1332 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
October 1986 as a general holiday under the Holidays Ordinance and a statutory holiday under the Employment Ordinance. The day will therefore be observed as a general holiday by banks, schools and Government departments. Employers are required to grant to employees covered by the Employment Ordinance an additional day's paid holiday.
The additional statutory holiday is subject to section 39 of the Employment Ordinance. An employer therefore who finds it inconvenient to grant the additional holiday on 22 October may therefore grant the holiday on another day within the period of 60 days immediately before or after 22 October.
Sir, I move that the debate on this motion be now adjourned.
Motion made. That the debate on the Second Reading of the Bill be adjourned. Question put and agreed to.
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL 1986
THE SECRETARY FOR HOUSING moved the Second Reading of: 'A Bill to amend the Landlord and Tenant (Consolidation) Ordinance'.
He said: Sir, I move the Second Reading of the Landlord and Tenant (Consolidation) (Amendment) Bill 1986.
In 1980 in view of the then rental situation, Government set up a committee to examine the policies and legislation governing rent control and the relationship between landlords and tenants. The committee found that controlled rents for pre-war premises were about 20 per cent of market rents and about 40 per cent for premises built post-war. It was clear that these rent levels were unduly low and that this was discouraging investment in housing production and the availability of rental housing in particular. The committee concluded that as soon as circumstances permitted, every effort consistent with the need to avoid adverse social and economic consequences should be made to accelerate the phasing out of rent control. Government adopted this as its long-term objective.
Consequently, amending legislation has been passed by this Council each year since 1983 designed to raise progressively the controlled rents of pre-war and post-war premises, bringing them closer to market levels and eventual de-control. The two main proposals in this Bill, Sir, are simply further steps in Government's long-term objective. Essentially similar steps towards this aim have been taken over the past three years.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1333
Given Government's objectives and the need to take into account economic and social consequences, it is necessary to ask, is the situation such that further steps can now safely be taken? First, are average controlled rental levels still significantly below market rents? The answer is yes, with pre-war premises being at about 55 per cent and post-war premises at about 68 per cent of prevailing market rents.
Secondly, is the property market sufficiently stable to justify further steps towards de control? Since 1983 when the first steps were taken, rents and property prices have remained generally stable. If we look at the supply position, we find that in 1985 the total production of domestic units was about 78 000, including 30 000 rental units under the public housing programme. The projected figures for 1986 show some 80 000 flats being produced this year and a further 82 000 being produced in 1987. In view of these consistently high levels of production, it can be expected that domestic rents and prices will remain stable. There should be good opportunities to obtain reasonably priced flats in this improved supply situation.
The last point at which we need to look is whether in a stable market situation, there is adequate protection for tenants should landlords try to raise rents above market levels. Again I consider that we can be satisfied on this as Part IV of the Landlord and Tenant (Consolidation) Ordinance provides a mechanism which ensures security of tenure provided that the tenant is prepared to pay a fair market rent and allows what is a fair market rent to be determined by an independent tribunal.
In this situation, Sir, Government now proposes two further steps to raise the level of controlled rents. First is a proposal affecting post-war tenancies which are covered by Part II of the Ordinance. The rent control mechanism for regulating rent increases entails the setting of a minimum percentage level of prevailing market rent to be reached by all controlled rents. Despite progressive increases to this minimum level about half of the controlled tenancies still enjoy rents below 60 per cent of market levels and about one third pay less than half. Thus a large proportion of tenants pay well below realistic levels.
It is therefore proposed to raise the required minimum level from 55 per cent to 60 per cent of prevailing market rent with effect from 19 December this year. The effect would be that some 26 000 lower rent tenancies, out of the 105 000 protected tenancies, would be subject to rent increases, which could bring their rents up to 60 per cent of market levels. The average rent increase would be $568 per month or 46 per cent of their current rent. Even with this increase, Sir, such tenants, who have long enjoyed protection and low-controlled rents, would continue to pay less than new tenants for comparable premises. The remaining 79 000 protected tenancies would remain subject to a maximum biennial increase of 30 per cent on current rent, provided that this increase did not take the rent above prevailing market levels.
1334 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
The second proposal concerns pre-war tenancies. This proposal seeks to raise these rents to more realistic levels and to bring them close to the minimum permitted rents for early post war premises. Rents of pre-war premises are derived from a standard rent at 25 December 1941. Current permitted rent is set at 27 times this level, and it is now proposed to increase this to 30 times the standard rent.
This change would result in an average increase of about $132 per month on current permitted rents, an increase of about 11 per cent, and would affect 2 200 domestic premises. It would bring the average permitted rent of these premises up to 60 per cent of market level, the minimum level sought for post-war tenancies.
The Bill, Sir, also proposes some technical amendments to Parts III and VI of the Ordinance. These are intended to update the monetary limits of existing simplified procedures for the recovery of small premises where such premises are either deserted or where they are unlawfully held or occupied. The value limits in the Ordinance were set in the last century and have not been amended since then. In consequence, the procedures have fallen into disuse. It is proposed that the limit should be raised and should apply to premises with current rateable values not exceeding $30,000. It is also proposed that in future the limits may be raised by way of a resolution before this Council. Finally, Sir, as a measure of consistency, the commissioner is enabled to delegate his power to waive or refund fees under Part VII of the Ordinance as he already can under the other parts of the Ordinance.
Sir, the proposals in this Bill are steps towards Government's aim of de-controlling rents, that is towards a system in which they will be returned to a free domestic rental market, in which landlords will be able to charge a fair market rent and in which tenants will receive a fair measure of security of tenure based on adequate protection by an independent tribunal.
As Members are aware, Sir, Government reviews the working of the Ordinance annually, taking account, as we have done this year, of the property market and the social and economic consequences before proposing changes to the Ordinance. Members and the public can be re assured that any further steps towards de-control will again be carefully considered in light of the situation at the time and will take account of the needs of both tenants and property owners.
Sir, I move that the debate be now adjourned.
Motion made. That the debate on the Second Reading of the Bill be adjourned. Question put and agreed to.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1335
DRUG ADDICTS TREATMENT AND REHABILITATION (AMENDMENT) BILL 1986
Resumption of debate on Second Reading (21 May 1986)
MR. HUI: Sir, this Bill, which seeks to amend the Drug Addicts Treatment and Rehabilitation Ordinance enacted in 1960, is the result of an official review designed to bring the legislation up to date and in keeping with changes in legal provisions.
The amendments concerning the increase in monetary penalties for offences under the Ordinance, and the reduction of the maximum age limit of a young person from 19 years to 18 years have been dealt with by the Acting Attorney General during the Second Reading of the Bill. To these amendments which are deemed timely and necessary, Members of the Legislative Council ad hoc working group pledge their full support.
However, I wish to elaborate on the amendment to clause 3 requiring visits by Justices of the Peace to the two addicts treatment centres once at least in every three months instead of once at least in every month as at present. Inmates of the women treatment centre would be adversely affected by this proposed amendment since new comers to the centres can choose to take a short treatment course lasting only three to four weeks. It is quite likely that many of them will miss the official visits and the opportunity to share their experience at the centre with the visiting Justices of the Peace. The amendment therefore tends to defeat the purpose of such visits. Members of the ad hoc working group considered the amendment unnecessary, particularly in view of the availability of Justices of the Peace who can go on such official visits. We are of the unanimous view that clause 3 of the Bill should be withdrawn.
Sir, with these remarks, I support the motion.
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)
ANTIQUITIES AND MONUMENTS (AMENDMENT) BILL 1986 Resumption of debate on Second Reading (28 May 1986)
MR. CHEONG-LEEN: Sir, I wish to support this Bill which, when adopted, will provide for an unofficial chairman to be appointed by the Governor, rather than having the Secretary for Municipal Services or his representative, as is presently the case.
1336 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
I also agree that the limitation on the number of members—which is currently a maximum number of nine—be removed so as to allow for a wider range of expertise and representation to be on the board.
In this regard, I would suggest that consideration be given to having a representative each from the Urban Council and the Regional Council to be on the board. This level of representative would be beneficial to the board as well as to the community at large.
I look forward to hearing from the Administration concerning this suggestion.
SECRETARY FOR DISTRICT ADMINISTRATION: Sir, I thank Mr. CHEONG-LEEN for supporting this Bill. The Administration will certainly give consideration to his suggestion.
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).
PUBLIC BUS SERVICES (AMENDMENT) BILL 1986
Resumption of debate on Second Reading (28 May 1986)
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 1986
Resumption of debate or Second Reading (28 May 1986)
MR. LAI: Sir, village vehicles have been used in parts of the New Territories for many years. They have been of great importance in the growth of remote rural communities whose only other form of land transport is by foot: without them the daily life of residents of the outlying islands would be backward and laborious. Village vehicles do, however, have their disadvantages, and the disruption and danger they have brought to the narrow, steep footpaths and congested streets of places such as Cheung Chau have been the cause of many
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1337
complaints from rural committees, district board members, and members of the general public. The Road Traffic (Amendment) Bill 1986, in its proposals to legalise and regulate the use of existing village vehicles and to provide powers to limit the number and use of village vehicles, will go some way to answering these complaints and will, I believe, be welcomed both by the residents of rural communities and by the operators of village vehicles themselves.
An ad hoc group to study the draft legislation was formed, and, with the assistance of the Administration, we examined the provisions of the Bill in some detail. We are generally satisfied that the Bill achieves its aim of providing for a simple and fair system of regulating village vehicles. We do, however, have a few reservations, and it is on these that I wish to take the opportunity of seeking the Government's reassurance.
One of the the main benefits of the permit system is that it will enable the vehicles to be insured against accidents involving third parties. I should like the Government to confirm that the insurance companies have been consulted on the proposed permit system, and that they support the proposal and are prepared to offer policies at reasonable and realistic premiums. I should also be grateful if the Government would inform this Council of the extent and nature of the application of the Traffic Accident Victims Assistance Scheme to village vehicles.
The Bill gives the Commissioner for Transport wide powers, including powers to limit the number of permits that may be issued, either generally or in a particular area, and to limit the issuing of permits to certain persons or classes of persons. It also gives the commissioner the power to restrict the times of day during which the vehicles may be used. These powers are useful in that they will enable village vehicles in a particularly congested area to be controlled or reduced in number. The present state of congestion on Cheung Chau may already require attention of this kind; other areas are, I believe, less congested. The nature of these powers makes it very important that there is full consultation on when, how, and where they should be exercised: the views of district boards, rural committees, area committees, and other appropriate local bodies should be taken into account before the powers are used. Care should also be taken to ensure that any restriction in the number of permits issued should not lead to the creation of a black market in permits. I understand that the intention is to avoid this problem by making the permits valid for only one year and by making them non-transferable.
Finally, the Commissioner for Transport will have powers to refuse the issue of a permit or to cancel a permit. The permit system is a simple one and it is not to be expected that it will be encumbered with complicated statutory appeal procedures of the kind that are available to persons denied licences for other types of vehicles. Nevertheless, I hope that the Government will look carefully at the administration of the permit system in its first year to see whether statutory machinery to deal with appeals is necessary.
With these remarks, Sir, I support the Bill.
1338 HONG KONG LEGISLATIVE COUNCIL—4 June 1986
SECRETARY FOR TRANSPORT: Sir, I am grateful for Mr. LAI's support for the Bill and would like to respond briefly to the constructive points he has made.
The Accident Insurance Association of Hong Kong has confirmed that village vehicles would be categorised as 'Special Type—Trolleys and Goods Carrying Tractors' in their tariff and that the premium for this type of vehicle in respect of third party insurance cover is modest.
The Traffic Accident Victims Assistance Scheme aims at providing early financial help to traffic accident victims or their dependants, regardless of who was at fault in causing the accident. Victims of traffic accidents involving village vehicles will be entitled to receive assistance from the scheme and will be subject to the same eligibility criteria, application procedure and statutory obligations applicable to other beneficiaries of the scheme.
I can assure Members that any restriction in the number of premits issued should not lead to a black market situation, as permits will be valid for only one year and will be non transferable. A safeguard is also provided in the proposed system in that a permit is issued to the owner of a village vehicle in respect of that vehicle only, and upon transfer or disposal of the vehicle, the owner is required to return the permit to the Commissioner for Transport.
Mr. LAI's advice on the provision of a statutory machinery to deal with appeals is appreciated. He rightly points out that a statutory scheme for appeal has not been provided in the Bill in order to keep the permit system simple. The Administration will, however, closely monitor the operation of the permit system and if experience reveals that a statutory machinery to deal with appeals is necessary, steps will immediately be taken to recommend such a provision.
Question put and agreed to.
Bill read and 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.
DRUG ADDICTS TREATMENT AND REHABILITATION (AMENDMENT) BILL 1986
Clauses 1, 2 4 to 9 were agreed to.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1339
Clause 3
MR. HUI: I move that clause 3 be amended as set out in the paper circulated to Members. Proposed amendment
Clause 3
That clause 3 be amended by deleting paragraph (b).
The amendment was agreed to.
Clause 3, as amended, was agreed to.
ANTIQUITIES AND MONUMENTS (AMENDMENT) BILL 1986 Clauses 1 and 2 were agreed to.
PUBLIC BUS SERVICES (AMENDMENT) BILL 1986
Clauses 1 to 3 were agreed to.
ROAD TRAFFIC (AMENDMENT) BILL 1986
Clauses 1 to 8 were agreed to.
Third Reading of Bills
THE ATTORNEY GENERAL reported that the
ANTIQUITIES AND MONUMENTS (AMENDMENT) BILL 1986
PUBLIC BUS SERVICES (AMENDMENT) BILL 1986 and the
ROAD TRAFFIC (AMENDMENT) BILL 1986
had passed through Committee without amendment and the
DRUG ADDICTS TREATMENT AND REHABILITATION (AMENDMENT) BILL 1986
had passed through Committee with an amendment, and moved the Third Reading of the Bills.
Question put on the Bills and agreed to.
Bills read the Third time and passed.
1340 HONG KONG LEGISLATIVE COUNCIL—4 June 1986 Adjournment and next sitting
HIS EXCELLENCY THE PRESIDENT: In accordance with Standing Orders I now adjourn the Council until 2.30 p.m. on Wednesday, 25 June 1986.
Adjourned accordingly at ten minutes to Four o'clock.
Note: The short titles of motion/bills listed in the Hansard have been translated into Chinese for information and guidance only; they do not have authoritative effect in Chinese.
HONG KONG LEGISLATIVE COUNCIL—4 June 1986 1341
WRITTEN ANSWERS
Annex I
Written answer by the Secretary for Education and Manpower to Dr. CHIU's supplementary question to Question 1.
There is a total of 11 sheltered workshop admitting recovered mental patients, seven of which are operated by the Social Welfare Department, and four by voluntary agencies. There are currently 67 recovered mental patients working in Social Welfare Department sheltered workshops which has no fixed quota for recovered mental patients nor for other categories of disabled persons. There are 370 recovered mental patients currently working in sheltered workshops operated by voluntary agencies, which are essentially for the ex-mentally ill.
Annex II
Written answer by the Secretary for Education and Manpower to Dr. Ho's supplementary question to Question 1.
You may wish to know that the Social Welfare Department has not encountered difficulties so far in obtaining orders for work for sheltered workshops.
Annex III
Written answer by the Secretary for Education and Manpower to Mr. HUI's supplementary question to Question 1.
You may wish to know that sheltered workshops in both the subvented sector and the Social Welfare Department have the same staffing standard, i.e. one instructor to 20 sheltered workers. Other grades of personnel are also comparable.
1342 HONG KONG LEGISLATIVE COUNCIL—4 June 1986 WRITTEN ANSWERS—Cont'd
Annex IV
Written answer by the Secretary for Health and Welfare to Dr. CHIU's supplementary question to Question 5.
The Director of Medical and Health Services has informed me that the numbers of convictions of unregistered medical practitioners that have come to his attention during the past three years are as follows:
1983 1984 1985
No. of cases referred to the police by MHD 44 73 66 No. of convictions 25 40 30
I am afraid that it has not been possible to provide more comprehensive statistics from the present records system, for the reason given by Mr. Chambers in his answer to the principal question. However, the Director of Medical and Health Services has arranged with the Commissioner of Police to be kept informed of the result of police investigations into suspected cases of illegal clinics or illegal practice by unregistered medical practitioners which he has referred to the police, including the outcome of prosecutions. This should improve the records available in future.
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